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Terms of Use | NEXSPY

​Terms of ​Use

Updated on 11 November, 2018

PLEASE READ THIS TERMS OF USE CAREFULLY.


THESE TERMS AND CONDITIONS ARE BINDING.

By using the NEXSPY.com website and NEXSPY service you are agreeing to be bound by the following Terms of Use.


Welcome to the NEXSPY.com website (hereinafter referred to as the Site).

These Terms of Use describe the terms and conditions applicable to your access and use of the Site and the NEXSPY.com website software (hereinafter referred to as the Software) made available through or in connection with the Site (hereinafter referred to as the Service). These Terms of Use set forth the terms and conditions under which NEXSPY provides you access to the Site and the Service.

In this Terms of Use “NEXSPY”, “we”, “us” and “our” means NEXSPY.

YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS OF USE, INCLUDING ANY MODIFICATIONS THAT NEXSPY MAKES FROM TIME TO TIME.

Principal Points

The Site and the Software of NEXSPY shall be used only with the aim of (i) parental control of children, (ii) by employers to control 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 the device owner.


To purchase and use the Software you should complete the Billing Information and the Payment Method by providing your personal information.


NEXSPY only receives your email address as the information provided by you.


By providing your payment information while purchasing the Software you are aware that NEXSPY does not collect this information, it is the Payment Provider (Paddle) that receives payment details.


You are aware that NEXSPY is not responsible for any third party memory leak in databases and/or DSN servers.


You will not use the Site, Service in violation of any laws you are subject to. Notwithstanding the foregoing, NEXSPY is not responsible for your access or use of the Software.


You consent to NEXSPY before placing the order to read the Compatibility Requirements and to check the requirements of your target device according to the Compatibility Requirements.


You understand that you require a physical access to a device to install the NEXSPY.


You agree that NEXSPY is not responsible or liable in any manner for the installation by you of the Software to a target device.


You will properly follow all instructions and documentation provided by NEXSPY to you at NEXSPY.com.


You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that NEXSPY does not bear the responsibility therefore.


You will only install the Software on devices for which you are the owner or you received a consent from such owner.


We reserve the right to modify, terminate or refuse the NEXSPY Service to anyone for any reason, without notice at any time.


We reserve the right to alter these Terms of Use at any time.

​Subscription

To subscribe to the Service you should place the order.


The Service provides the defined Products to be ordered by a user. The Products’ packages depend on your device, the quantity of features, which you may choose and a subscription plan.


While placing the order you should complete the Billing Information and the Payment Method by providing your personal information.


Following the purchase of the Software your credentials (login and password) will be sent to your email so you could enter your Account portal.


You may choose the subscription plan for periods of 1 month, 3 months or 1 year.


Subscription automatically renews at the end of the current subscription plan period.


You may never use another user’s account without permission.​


You are solely responsible for the activity that occurs from your account, and you must keep your account password secure.


You may not share or transfer any account. You may not disclose your password to anyone else.


You must notify NEXSPY immediately of any breach of security or unauthorized use of your account and if you believe that an account password may have been compromised.


NEXSPY will not be liable for any losses caused by any unauthorized use of your account.


You may interact with the Service through your account portal by changing settings that are made available to you.


You are responsible for all activities that occur under your account.


You have the right to cancel any account of yours at any time. You may cancel any account registered to you by writing to our Customer Support Team at support@nexspy.com.


If you voluntarily terminate an account or allow that account to lapse, you will not be able to reactivate that account later.


Accounts terminated by NEXSPY for any type of abuse, including without limitation a violation of these Terms  of Use, may not be reactivated for any reason. Upon any termination or suspension of the Service, the monitoring of all devices on which the Software is installed shall cease and any information you have submitted on the Site or that which is related to your account may no longer be accessed by you.


In case you forgot your password, you may reset it with your username and email address. You can also contact our Customer Support Team for assistance.

Software Application

The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by NEXSPY from time to time.


You understand that NEXSPY, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the Software and information you may already have accessed to or installed without prior notice.


NEXSPY reserves the right to add or remove features or functions to the Software at any time in its sole discretion.


You may use basic features package on an Android device without it rooting. In case you require more features in any other premium or phone and computer packages you will need to make a jailbreak (iOS) or root (Android), which is a legal procedure according to the applicable law.


In case you have any technical question, please contact our Customer Support Team at support@nexspy.com.

Acceptance

By using our Site and/or the Service you represent that you have read and consent to these Terms of Use and our End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Requirements.


NEXSPY may revise these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Requirements at any time, without notice, and the new versions will be available on the Site.


If at any point you do not agree to any portion of these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Requirements, you must immediately stop using the Site and/or Service.

Security

NEXSPY cares about the integrity and security of your personal information.


You acknowledge that you provide your personal information to NEXSPY and the Payment Provider while placing the order for the Product.


You understand that we may use your personal information to contact you with newsletters, marketing or promotional materials and other information related to the Product. You always has an option to unsubscribe.


NEXSPY stores in its database your personal information in encrypted way, it means NEXSPY does not have a direct access to such encrypted data. However, NEXSPY is not responsible for any third party memory leak in databases.


In case of disclosure of such encrypted data NEXSPY may not be held responsible.


NEXSPY does not control, monitor and/or is not aware of the purpose a user exploits the Software application and NEXSPY may not be held responsible for such use thereof. It is at a user’s risk and responsibility.


You acknowledge that NEXSPY does not encourage its users to exploit the NEXSPY Service illegally.

Requirements to a User

When placing an order for the Product you acknowledge and agree that you are of the age above 18, and that;

  • You are a parent to your minor child, or;
  • You are an employer and the employees’ device is owned by you, or;
  • You own the target device or you notified and received the consent from an owner of the target device.
Compatibility of Target Device

You are aware that before placing an order for subscription you have to read carefully the Compatibility Requirements.


You are aware that before installing the Software you have to check the requirements of compatibility of your target device.


In case your target device is not compatible with the Compatibility Requirements you may not install and use the Software application.


In case you have failed to comply with Compatibility Requirements before the subscription you agree that it is your responsibility and you will not be refunded.


In case you have failed to comply with Compatibility Requirements before the installation you agree that it is your responsibility and you will not be refunded.


You understand that in case you require that your device be compatible with Compatibility Requirements in order to use the Software you are to jailbreak or root your device correspondingly.

Software Updates

In an effort to improve the Service, NEXSPY may update the Software application from time to time.


You acknowledge and agree that NEXSPY may update the Software with or without notifying you.


You acknowledge and agree that NEXSPY may request you via email or your account portal to make such Software application update on a target device.

Software Trial

Subscription to the NEXSPY Service may begin with a trial period during which you can pay a small fee to try out the Service for 3 (three) days from the date you place the order.


You are required to enter your billing information and pay a small fee in order to place the order and subscribe for the trial.


The fee of the trial is non-refundable in any case.


Upon the expiry of the trial you will be automatically charged for the chosen package and next subscription plan unless you request to cancel your trial before it ends.


You may cancel your Service use at any time during the trial.


Upon cancelling you will immediately lose all access to the Service and any data and information stored within your account.


NEXSPY reserves the right to modify, cancel or limit the trial without notice at any time.

Refunds and Returns

Please review our Refund Policy. NEXSPY Software includes a money-back guarantee if you are not satisfied and your reasons do not contradict with our Refund Policy.


Your eligibility for a refund may depend on the Product package, subscription plan, duration since the transaction, etc.

Links

The Site may contain links to websites operated by other parties.


NEXSPY provides these links to other websites as a convenience, and use of these sites is at your own risk.


The linked sites are not under the control of NEXSPY, and NEXSPY is not responsible for the content available on the other sites.

Intellectual Property

Trademarks. Logo NEXSPY is a trademark/service mark in use by NEXSPY.


Unauthorized use of NEXSPY trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.


Copyright. The Site, Service and Software are protected by the applicable law and international copyright laws.


All intellectual property in the design and layout of this web site and the material and information published on its pages belongs to and is vested in NEXSPY or its Licensors. You may not copy any part of this site or otherwise do anything in relation to any part of the site other than the following:

  • You may print or download to a local hard disk pages from this website for your personal and non-commercial use only,
  • In material issued to third parties you may only quote from this site provided that such quote is not used in a misleading context and that you give due credit to both the author and to NEXSPY.

You may not otherwise use or reproduce any of this web site or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of NEXSPY.


Any images that appear on this website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction or other use of the Licensed Material.

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW

THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NEXSPY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. NEXSPY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXSPY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF NEXSPY AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF NEXSPY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.


Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of NEXSPY and its affiliates shall be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold NEXSPY and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of these Terms of Use or any other policies that NEXSPY may issue for the Site, the Software and/or Service from time to time.

Termination of Service

The Service may be terminated upon the expiration of the subscription.


NEXSPY reserves the right to deny service to any user at NEXSPY’s sole and absolute discretion.


The Service is offered with the understanding that NEXSPY may terminate any subscription and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of these Terms of Use.


NEXSPY may stop offering and/or supporting the Service at any time.


NEXSPY reserves the right to deny service to, or if applicable, terminate the Service of any user or associated with, a user that attempts to monitor the device of an individual, who has not received a consent of such device owner.


In such cases NEXSPY reserves the right to block all accounts associated with such potential violating user.

​Legal Effect

These Terms of Use describes certain legal rights. You may have other rights under the laws of your state or country. These Terms of Use do not change your rights under the laws of your state or country.


In case the laws of your state or country do not permit you to use the Software application or use not all features hereof you acknowledge and agree that it is upon your responsibility.

​Contact Us

You can contact us by email at support@nexspy.com for more information.