SPYX END USER LICENSE AGREEMENT

The last update of this EULA is 16 October, 2023.

PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (“EULA”) PRIOR TO PURCHASING OR USING THE SPYX 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 SPYX S.R.O. (HEREINAFTER – LICENSOR) 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, FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE, 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 LICENSOR RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.

This EULA is an integral part of the Terms of Use.

General Provisions. User acknowledges that the Software shall be used for the purpose of monitoring, tracking and obtaining access to certain devices such as cell phones and computers (including, but not limited to, email and text messages) of children, 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. For cloud-based or other monitoring that does not require installation on a device, the User agrees to use this software ONLY in connection with an account, application, or program the User has the legal right to access.
• 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.
• 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 shall be used only with the aim of (i) parental control of their children, (ii) control their own device.
• User acknowledges that in some cases the physical access to a target device is required for the Software to be installed on that target device or iCloud/ Gmail login and password.
• User acknowledges that in case of an Android Target device, the Software may not be installed remotely without physical access hereto. Remotely the Software may be synchronized with iOS devices or Android devices, but the iCloud or Google credentials are required, which means the Software may be installed by the User only to a device to which a User has lawful access.
• 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. If you have failed to comply with Compatibility Policy after the installation, you agree that it is your responsibility and you will not be refunded.

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 lawful control, and (ii) view and use 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.

2. Software is Designed for Legal Use only. The Licensed Software is designed for use by those who have the legal right to control a device, account, application, or program on which it is installed, or on which it is used for parental control. The Licensor cannot provide legal advice to you regarding your use of the Licensed Software. 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 Licensor shall not be held responsible if the User chooses to control a device, account, application, or program the User does not have the right to it.

3. Illegal 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 Licensor is not in any way responsible for any such use by you. In case the Licensed Software is installed on the device without permission of the owner, the Licensor has the right to block (delete) the Software on an appropriate device and make sure that the account of a violator is blocked. Please be informed that all the data on the Licensor servers is encrypted by the software, which is responded to standards and requirements, provided by the GDPR, to protect the privacy of the account holder, therefore the Licensor can neither disclose this data to any third parties nor read it from the server side.

Some part of the Software may include source code of third-party software, which was used within Software development. Because of this, in the event of violating this Agreement, you may breach rights and interests of third parties.

4. License. It is understood and agreed that the Licensor 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 Licensor. You, as a 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 Licensor 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 Licensor and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages.

If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Licensor from the moment of its creation.

The Licensor 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.

For Software using it may be necessary an internet connection. The Licensor will not be responsible, if you are not able to get an access to the Software due to problems with internet connection or its absences.

5. Consent to Use of Data: You agree that the Licensor 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 Licensed Software. The procedure and conditions of personal data processing, storing, retention and transferring are setting forth in the Privacy Policy.

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 Licensor disclose confidential information of its third-party licensors, you will comply with any use and confidentiality guidelines requested of you by the Licensor. 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 Licensor or such third party.

7. 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 Licensor 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.

8. Limited warranty. You agree that neither Software is not free from bugs, and we recommend you to back up your files on a regular basis. The Licensor does not warrant Software working capacity in case violation of Terms and Conditions and this EULA.

9. The Licensor does not warrant the Software working capacity, if bugs in the Software are caused by any third-party device or software which are not provided by the Licensor. The Software is providing on “as is” and “as available” principles. The Licensor does not provide any warranties on the Software using and efficiency, except warranties, conditions, propositions and terms, which are not able to be excepted or limited according to applicable law. The Licensor does not provide any warranties, conditions, provisions or terms (expressed in clearly or in constructive form) for, including without limitation, commercial quality, integration or usability for specific aims. You agree that you are liable for choosing a software for arriving necessary results, as well for installing and using a Software, and for results, received with their assistance, and for breaching rights of third parties, in the event of unlawful Software use.

10. 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.

11. Technical issues. In the event of technical issues with the Software you may address professional help from our Customer Support Center, which will provide you with the full support under the limited warranty during your subscription plan. In case you have technical issues with the Software, which cannot be fixed by the Licensor Customer Support Center, the sole remedy you are eligible for is a full refund in accordance with the Refund Policy, without any kind of compensations, indemnifications, etc.

12. 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.

13. The Licensor reserves the right to change this License granted to you at any time; the changes will be effective when posted on the website spyx.com. The Licensor 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.

14. Limitations of Liability. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE LICENSOR 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 THE SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE THE LICENSOR LIABILITY UNDER ANY PROVISIONS OF THE EULA ARE LIMITED BY THE SUMM, THAT WAS PAID BY YOU FOR THE SOFTWARE USAGE, BUT NOT MORE THAN 50$.

Under no event the Licensor be liable for the Software usage.

15. 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 Licensor 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 Licensor.

16. 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.

17. This EULA is governed by the laws of Hongkong.

18. 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.

19. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

If you have any questions about this EULA, please contact us by E-mail [email protected].