Terms of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

This is a website owned by Intelligent-Solutions

If you have any comments or questions you may address them to our customer service department at support@mobilespy.at or by telephone at +43 (1) 720 324123. Mobilespy, at Stolberggasse 56/17, 1050 Vienna, Austria.

You understand that the Site and Mobilespy shall be used only for the purposes of (i) parental control of their children, (ii) on a device, which is of your ownership, under such circumstance, you must get permission from the user being monitored (iii) other lawful aims according to the laws in your own jurisdiction. The terms of Child is defined as below:

Child: Your own legal child that is under the legal age of 18 (as defined by US law). The child must be monitored using a compatible phone that you own. You cannot monitor a child if you hold one of the following relationships:

Employee: Your employee at a company you own or an employee at the same company as you and you have managerial responsibilities for. The employee must be monitored using a compatible phone owned by the company and issued to the employee under your company's policies regarding company phones. The employee must give consent and be notified they are being monitored before monitoring can begin.

  1. This End-User License Agreement (this “Agreement”) is a legal contract between you, as either an individual or an Entity (as defined below), and Mobilespy International GmbH, Stolberggasse 56/17, 1050 Vienna / Austria and its subsidiaries and affiliated companies (“Mobilespy”). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING Mobilespy PROPRIETARY SOFTWARE, INCLUDING SOFTWARE AS A SERVICE, ACCOMPANIED BY OR REFERENCED IN THIS AGREEMENT (the “SOFTWARE”). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT. IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT ACCEPT” OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND Mobilespy CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH Mobilespy RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.
    You must be at least 13 to use the Website. The Agreement may contain additional privacy disclosures and obligations. If there is any conflict or inconsistency between the Agreement and this Privacy Policy, the Agreement prevails.
  2. General license information
    1. Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, the applicable Mobilespy entity from which you obtained the Software hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable (except as set forth in Section1.6 below), non-assignable, revocable license to use the Software during the Term in machine-readable, object code form only, and the user manuals accompanying the Software (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by Mobilespy and made available to end-users. Notwithstanding the foregoing, Mobilespy shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software.
    2. Scope of Use.
    3. Your license to use the Software is conditioned on the following license restrictions, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use one copy of the Software activated by a license key on a single virtual or physical device owned, leased, or otherwise controlled by you, at a single time (the “Authorized Device”). If you have multiple license keys for the Software, you may install and use as many copies of the Software as you have license keys, in each case, on an Authorized Device and only as authorized herein. For purposes of this Agreement, “use” of the software means loading the Software into the temporary or permanent memory of an Authorized Device. Installation of the Software on a network server solely for distribution to other computers is not “use” of the Software, and is permitted, provided that you have a valid license key for each Authorized Device on which the Software is installed. The Software may not be used on, distributed to, or installed on a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of Authorized Devices does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement and such use and distribution is unlicensed.
    4. Additional Terms.
    5. Depending on the country in which you are located, additional terms and restrictions may apply, as set forth in Exhibit A (the “Additional Terms”), which terms are incorporated by reference herein and made a part of this Agreement.
    6. Evaluation Licenses.
    7. In the event you obtained a trial or evaluation version of the Software, it will come with a trial activation key that activates the Software for a limited time period (the “Trial Period”). You may use the Software during the Trial Period for internal noncommercial purposes, solely to evaluate the suitability of the Software for your needs. Upon the expiration of the Trial Period you must either purchase an activation key or destroy the Software, Documentation, all backup copies thereof, and all trial activation keys that you have obtained. If you do not purchase an activation key prior to the expiration of the Trial Period, this Agreement, and all your rights and licenses hereunder will terminate at the expiration of the Trial Period.
    8. Copies and Modifications.
    9. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
    10. Assignment of Rights.
    11. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of Mobilespy, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. Mobilespy may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
    12. Support and Maintenance Services; Updates; Upgrades.
  3. .
  4. Personal Information and Privacy. Your election to use the Website indicates your acceptance of the terms of our Privacy Policy that is available at http://mobilespy.at/privacy-policy (the “Privacy Policy”).
    You are solely responsible for maintaining the confidentiality of your account and other sensitive information. You are solely responsible for all activities that occur in your Account and you agree to notify Mobilespy immediately of any unauthorized use of your Account at support@mobilespy.at. Mobilespy is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
  5. Intellectual Property and Confidentiality. Use Reporting, License Violations and Remedies. Mobilespy reserves the right, and you authorize Mobilespy, to gather data on key usage including license key numbers, Authorized Device IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this Agreement. Mobilespy reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by charging the then current list price of unauthorized keys to the payment instrument used to make the original, authorized purchase, or by any other means necessary, including remotely disabling the Software. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4. License Expiration. Your license may include an expiration date that can result in the termination of the license. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify Mobilespy of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For monthly subscription licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience Mobilespy may, but has no obligation to, provide license expiration warnings in the product interface. It is your responsibility to contact Mobilespy regarding any potential expiration that you deem inappropriate. Mobilespy shall not liable for any damages or costs incurred in connection with the expired licenses. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to Mobilespy (Mobilespy International GmbH), and the Software and Documentation are protected under copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Mobilespy, Mobilespy and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of Mobilespy, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Mobilespy uses in connection with the Software or with services rendered by Mobilespy are marks owned by Mobilespy International GmbH / Switzerland. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. You shall permit only authorized users, who possess rightfully obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party, or use the Software, Documentation, or any license key for any purpose other than exercising rights expressly granted to you hereunder. You agree to cooperate with and assist Mobilespy in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. Consent to Use Data. You agree that Mobilespy may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Mobilespy may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of Mobilespy’s products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to you as part of our products and services. You further consent that Mobilespy may collect the IP addresses of servers, on which a Mobilespy product is installed. As this information is considered as personal identifiable information, Mobilespy will handle it in accordance to the Mobilespy Privacy Policy, available at www.Mobilespy.com and will limit the use of this information for the prevention of fraudulent use of the Mobilespy products. Subject to your consent in accordance to the applicable laws in your region, Mobilespy’s websites and online services may use “cookies,” which enable you to personalize your experience on Mobilespy’s sites and provide information to Mobilespy such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings or reject the use of cookies when entering Mobilespy’s website.
  6. Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly or formally accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case Mobilespy may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to Mobilespy and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to Mobilespy the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to Mobilespy.
  7. All messages, information, videos or other content, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you record, upload, post, cause a display, playback or performance of, email, transmit or otherwise make available via the Website.Mobilespy reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU RECORD, UPLOAD, POST, CAUSE TO BE DISPLAYED, PLAYED BACK OR PERFORMED IN ANY AREAS OF THE WEBSITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE AND THE SERVICE PROVIDED THEREBY.

  8. Indemnification You will, at your own expense, indemnify and hold Mobilespy, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Package (as defined below) by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
  9. INSTALLATION Licensee may install one copy of the Software on a single device. This Agreement shall apply to all installations of the Software. Installation of the Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
  10. TERMINATION BY LICENSOR Subject to the terms and conditions stipulated in Article 8, Licensor shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Licensor. If Licensee use Licensed Software to commit any illegal or wrongful acts, Licensor is entitled to prohibit Licensee from using the Licensed Software immediately without any notice. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination. Licensee will not be able to use Licensed Software upon termination of this Agreement.
  11. EXPORT RESTRICTIONS You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
  12. Limited Warranty; Disclaimer; Limitation of Liability. Limited Warranty. Mobilespy warrants that it has the right to license the Software to you and that it works substantially in accordance to its Documentation for at least 90 following the date of purchase. WARRANTY DISCLAIMER. EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 8.1, THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” AND Mobilespy DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Mobilespy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE Mobilespy PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE PACKAGE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PACKAGE. LIMITATION OF LIABILITY. IN NO EVENT SHALL Mobilespy BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF Mobilespy HAS or had BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Mobilespy’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING LICENSOR’S WRITTEN NOTICE (INCLUDING BY EMAIL), LICENSOR MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, LICENSOR SHALL NOT BEAR OTHER LIABILITIES TO YOU.
  13. Additional Terms for Consumers (End-Customers) If you acquired the Software , the following terms and conditions supplement the Agreement and therefore also apply to you: 1 Thirty Day Money Back Guarantee. If you are not completely satisfied with the Software for any reason, you may return the Software, together with your receipt, for a refund of the money you paid for the Software (less shipping, handling, and any applicable taxes) at any time during the thirty (30) day period following the date of purchase.
  14. Subject to the terms and conditions of this Agreement, Licensor hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one or more devices which are owned by you and under your control solely for your personal, private and commercial use. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Licensor in advance. Licensor reserves all rights not expressly granted to You in this Agreement./p>

    Terms of Service Updated: December 23, 2018