End User License Agreement
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (“EULA”) PRIOR TO PURCHASING OR USING THE NEXSPY SOFTWARE (HEREINAFTER - SOFTWARE/LICENSED SOFTWARE). BY PURCHASING OR USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER - THE USER) AND NEXSPY (HEREINAFTER - THE APPLICATION PROVIDER/NEXSPY) FOR USE OF THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
BY ACCEPTING THIS EULA, YOU AGREE TO INSTALL THIS SOFTWARE ONLY ON A DEVICE OR DEVICES OWNED BY YOU AND, TO USE IT ONLY IN CONNNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM YOU HAVE THE LEGAL RIGHT TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON(S), WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED AND ANY OTHER PERSON WITH THE RIGHT TO ACCESS A MONITORED ACCOUNT OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY HEREWITH MAY RESULT IN BREAKING APPLICABLE LAW BY YOU. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY THE APPLICATION PROVIDER AND/OR BY ANY PERSON(S), WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
User acknowledges that the Software shall be used for the purpose of monitoring, tracking and obtaining access to certain devices as cell phone and tablet (including, but not limited to, email and text messages) of children and employees and other device owners with their consent hereto, including through the use of devices, on which the Software is installed.
User agrees that the installation and use of the Software will be in accordance with the applicable law governing the monitoring of device, account, application, or program activity and usage and will not use the Software in violation of any laws the User is subject to, including any law, rule, ordinance or governmental regulation.
User agrees to install this software ONLY on a device that is owned by a User or on a device for which the User has been given explicit permission and/or consent by the device owner for such installation. The User agrees NOT to install this Software on any device that is not owned by the User or on any device for which the User has not been given explicit permission and/or consent for such installation.
User acknowledges that it is prohibited and against the terms of this EULA not to inform any third party, which device, account, application, or program is monitored by the User with the Software.
User consents not to allow any other person to access the information that the Software collects from the device, account, application, or program, on which the Software is installed.
User understands that the Site and the Software of NEXSPY shall be used only with the aim of (i) parental control of their children, (ii) by employers to monitor the devices, which belong to them and on which the employees work, (iii) on a device, which is of a user’s ownership, (iv) by a user with a consent of a device owner.
User acknowledges that the physical access to a target device is required for the Software to be installed on that target device and that the Software cannot be installed remotely.
User is aware that before installing the Software you have to check the requirements of compatibility of your target device according to the Compatibility Policy. In case you have failed to comply with the Compatibility Policy after the installation you agree that it is your responsibility and you will not be refunded.
User understands that a target device shall be in compliance with the Compatibility Policy to be able to use the Software with basic features. In case more features are required on a target device a jailbreaking (iOS) or rooting (Android) shall be performed, which is a legal procedure according to the applicable law.
BY INSTALLING THE SOFTWARE YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
1. Scope of License: The Application Provider grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to (i) install the Software on one or more devices, which are owned by you, are under your control, and (ii) view, review and utilize the Software and any related information provided to you by the Software, (iii) or to use the Software for cloud-based monitoring of a specified account, application, or program. Nothing in this EULA should be interpreted as permitting installation of the Licensed Software on any device you do not own or control, or which you do not have the legal right to monitor, or to monitor any account, application, or program you do not have the legal right to monitor. It is your responsibility to determine whether you have the legal right to monitor the device, account, application, or program.
2. NEXSPY is Designed for Legal Use: The Licensed Software is designed for use by those, who have the legal right to monitor the device, account, application, or program, on which it is installed, or which it is used to monitor. The Application Provider cannot provide legal advice to you regarding your use of the Licensed Software. Be aware that it is considered a violation of the applicable law in most instances to install or use surveillance software, such as the Licensed Software, to a mobile phone or other device, account, application, or program you do not have the right to monitor. The law generally requires you to notify the Users or owners of the device, account, application, or program that the device, account, application, or program is being monitored. Failure to do so may result in violation of applicable law, which could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, or using the Licensed Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Licensed Software is installed. The Application Provider shall not be held responsible if the User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
3. Improper Use of the Software: You agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Licensed Software. In case the Licensed Software is installed on the device without permission of the owner, the Application Provider has the right to open un-installation instructions for this person and make sure that the account of a violator is blocked. Please be informed that all the data on NEXSPY servers is encrypted to protect the privacy of the account holder, therefore the Application Provider can neither disclose this data to any third parties nor read it from the server side.
4. License: It is understood and agreed that the Application Provider is the owner of all right, title, and interest in and to the original, and any copies of the Licensed Software and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Application Provider. You, as licensee, through your downloading, installing, or use of the Software do not acquire any ownership rights to the Licensed Software. The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted in this license are limited to the right to download, install, and use the Licensed Software and do not include any other intellectual property rights.
You agree that you may not and will not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant the Licensed Software; (ii) decompile, disassemble, or reverse engineer the Licensed Software, in whole or in part; (iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Licensed Software, any updates, or any part or any other software program based upon the Licensed Software; (iv) provide, disclose, divulge or make available to, or permit use of the Software by any third party without The Application Provider prior written consent; or (v) copy the Software.
Any attempt to do so is considered as a violation of the EULA and the rights of the Application Provider. If you breach this restriction, you may be subject to legal actions and damages.
The Application Provider may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Licensed Software during the term of the License. The terms of this EULA shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied.
You represent that participation under this EULA will not breach any agreement to keep in confidence proprietary information acquired by you in confidence or in trust prior to this EULA. You represent that you have not entered into, and will not enter into, any oral or written agreement in conflict herewith.
6. Third Party Information: You agree that you will not at any time prior to or after this EULA, improperly use or disclose any proprietary information or trade secrets of any other persons which may be in your possession, if any. Further, should the Application Provider disclose confidential information of its third party licensors, you will comply with any use and confidentiality guidelines requested of you by the Application Provider. You will hold all such confidential and proprietary information in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person other than for the Application Provider or such third party.
7. Services; Third Party Materials: The Licensed Software enables access to third party services and websites (hereinafter - the Services). You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL by you or by any person in control of the monitored device, account, application, or program may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Application Provider shall not be held responsible for the content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (hereinafter – the Third Party Materials) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Application Provider does not warrant or endorse, does not assume and will not be held responsible towards you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright; you will not use such proprietary content, information, or materials except for permitted use of the Services.
8. Term and Termination: The term of this License runs concurrently with the term of your subscription plan, which is the period during which you are authorized to use the Licensed Software. Your rights under this License will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this EULA or your subscription period expires. Upon termination of the License, you shall cease all use of the Licensed Software and uninstall it from any devices on which it was installed.
9. Limited warranty: This limited non-transferable warranty covers the Software for the period under your subscription plan after the License is purchased. If you receive supplements, updates, or replacement Software during that time then the limited warranty will be prolonged until the end of your subscription plan. To the extent permitted by law, this implied warranty lasts only during the term of the Limited Warranty.
10. Exclusions from Warranty: This Limited Warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the Application Provider’s reasonable control.
11. Technical issues: In the event of technical issues with the Software you may address professional help from NEXSPY Customer Support, which will provide you with the full support under the limited warranty during your subscription plan.
12. Remedy: In case you have technical issues with the Software, which can not be fixed by NEXSPY Customer Support, the sole remedy you are eligible for is a full refund in accordance with our Refund Policy.
13. To exercise your Limited Warranty, please send an email with description of the problem and proof of License purchase to email@example.com.
14. The terms of this EULA are subject to change at any time, and in the event of any changes, the updated version of the EULA will appear on this page.
15. The Application Provider reserves the right to change this License granted to you at any time; the changes will be effective when posted on the website NEXSPY.com. The Application Provider may also change, discontinue, or impose limits on certain features of the Licensed Software without liability. Your continued use of the Licensed Software indicates your consent to the changes.
16. Limitations of Liability: TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, NEXSPY SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM USE OR POSSESSION OF THE SOFTWARE; OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, ANY DEFECT IN THE DATA, OR THE BREACH OF THIS EULA, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NEXSPY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This EULA is not intended to and does not (a) change or exclude any statutory consumer rights that cannot be lawfully changed or excluded, or (b) limit or exclude any right that you may have against any other party if you did not purchase the Software directly from NEXSPY website. Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty. In no event shall NEXSPY be liable for your use of the Software.
17. Additional Terms and Conditions: This End User License Agreement constitutes the entire, final and integrated agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and communications, whether oral or written, between the Parties relating to the subject matter hereof. The Application Provider reserves any rights or licenses other than those specifically granted herein. This EULA shall not be assigned (by operation of law or otherwise) or transferred in any manner by you without the prior written consent of the Application Provider.
18. You acknowledge that a breach of this EULA would cause irreparable injury to the Application Provider for which monetary damages are not an adequate remedy. Accordingly, the Application Provider shall be entitled to seek injunctive relief and other equitable remedies in the event of such breach.
19. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
20. This EULA shall be construed under the applicable laws and the exclusive jurisdiction of the relevant courts.
21. International Use: Although the Software may be accessible worldwide, we make no representation that the Software or related materials are appropriate or available for use in your location, and the Software may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited.
Updated March 7, 2019.