TERMS OF USE

The last update of this Terms of Use is 11 August, 2021.

PLEASE READ THESE TERMS OF USE CAREFULLY.

THESE TERMS OF USE ARE BINDING.

Welcome to the mspy.com website (hereinafter - the “Site”, “Website”).

The contents on this website are provided by Altercon Group s.r.o., registered address: Londynska 730/59, Vinohrady, 120 00 Praha, Czech Republic, reg. number 06746764 (hereinafter referred to as “We,” “Us,” “Our”, “mSpy”).

By using the Website and/or mSpy Services, you agree to be bound by the following Terms of Use. Integral parts of this Terms of Use are Privacy Policy, End User License Agreement, Compatibility Policy, Cookie Policy

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site, the mSpy software (hereinafter - the “Software”) and services, that are provided by mSpy (hereinafter collectively “mSpy Services”) made available through or in connection with the Site (hereinafter - the “Service”). These ToU set forth the terms and conditions under which mSpy provides you access to the Site and the mSpy Services.

YOUR USE OF THE SITE AND/OR THE MSPY SERVICES SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. WE WILL INFORM YOU ABOUT ANY MODIFICATIONS THAT OCCUR IN THE ESSENTIAL PARTS OF THE TOU AND ASK IMPLIED CONSENT. THIS MEANS THAT IF YOU CONTINUE TO USE THE SOFTWARE AND SERVICE, YOU AGREE WITH THESE MODIFICATIONS.

1. DEFINITIONS
   1. mSpy software - a mobile application and/or a computer program, description and features of which are provided on the Site. mSpy software is consisted of server and client parts. An access to the server part is executed through web interface on the Site. The client part is provided as .apk file, which is installed on a target device with Android operational system. For iOS target devices, there is no requirement to install any application on the target device for the Software to work, which means that information is collected and features are executed with assistance of the server part only, by the way of target device iCloud login and password entering in the Control Panel.
   2. Target device – smartphone, tablet, mobile phone or other similar device, on which the client part of Software is installed (in case with Android) or to which Software is connected through Control Panel (in case with iOS).
   3. Lawful access to a target device – user’s access to a target device, which is owned by this user, as well as availability other legal grounds on collecting and processing information from the target device.
   4. Cloud control – control of an account, application and program, which is executed with the assistance of cloud technologies, without physical intervention to a target device working and/or the software installing.
   5. mAssistance – type of services, that are provided by mSpy’s specialists, which could help user with remote installing, rooting and jailbreaking a target device.
   6. Lifetime license – type of license, when license on software usage provided with 5 years times limitation.
2. GENERAL PROVISIONS.
   1. The Site and the mSpy Services shall be used only in such cases:
      (i) - with the aim of parental control;
      (ii) - by users on their own devices.
   2. The main aim of Software development and providing is security ensuring of property and/or life and health of children and wards.
   3. If you read this ToU this is mean, that you bought mSpy license via third-party resellers as Stack Commerce, etc. To use the mSpy Service, you are required to log into an account on the Site. When a payment for the mSpy Software is successful, you will receive a unique code and link, where you need to specify your e-mail address and unique code. After that you will receive credentials (login and password) from your mSpy account.
   4. After logging into the account, you will receive URL-link for .apk file downloading in your Control Panel. For a target device and your Account synchronization, you have to click the link and download an .apk file on the target device, install it and provide necessary permissions to the installed application with the aim to activate declared features. In case with iOS target device, you have to specify its iCloud login and password in the Control Panel for synchronization of the target device and Control Panel.
   5. You are aware that mSpy is not responsible for any third-party data leak in databases and/or DSN servers.
   6. You will not use the Site or mSpy Service in violation of any laws you are subject to. Notwithstanding the foregoing, we are not responsible for the further use of the mSpy Software and it’s your sole responsibility.
   7. You consent to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy before placing the order.
   8. You understand that in most cases you require physical access to the device to install the mSpy Software.
   9. You will properly follow all instructions and documentation provided by us to you at the Website.
   10. You will not allow any other third party to access your account or to utilize the Software. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.
   11. You will only install the Software on the devices which you own.
   12. We reserve the right to modify, terminate, or refuse the mSpy Services to anyone for any reason and without notice at any time.
   13. We reserve the right to alter these ToU at any time.
   14. For activation some features of the Software, you have to root (for Android) or jailbreak (for iOS). You agree, that root or jailbreak procedure of a target device is your sole responsibility and you solely decide to do it or not. You are aware of all consequences, which may be appeared due to rooting or jailbreak of a target device, and take upon oneself all risks and responsibility.
   15. You can’t root or jailbreak a target device using the mSpy Software. You have to install third-party software to root or jailbreak the target device. You are aware and agree that we will not be able to as well as we are not responsible for third-party software you use to root or jailbreak the target device, even if we help with choosing such software.
3. SUPPORT SERVICES
   1. We try to help all our users. You may get in touch with us about any matters, which belong to mSpy Services via Live Chat or e-mail. Our assistance via Live Chat and e-mail are absolutely free for you.
   2. Also, we may provide the Support Priority Line services via phone call and you can connect with us only on prepayment conditions. This means, that our Support Priority Line service via phone call is billable. You can order Support Priority Line service via Live Chat with assistance of our Customer Support. Support Priority Line is a subscription-based service that renews automatically at the end of the billing cycle. The standard billing cycle is 30 days. To utilize Support Priority Line, you have to request a callback via the Control Panel and we will call you within 20 minutes.
   3. You may order mAssistance service via Live Chat with assistance of our Customer Support. If you want use mAssistance service, you should pay for this service on the one-time prepayment conditions. The mAssistance service is provided by mSpy via phone and/or specific remote access software, and toward one target device only. If you lost the target device, or the target device or mSpy application are damaged in consequences of rooting or jailbreaking, or there is any other reason for repeated rooting/jailbreaking/installing, and you need mAssistance again, you should make a payment for mAssistance one more time (one mAssistance service for one rooting/jailbreaking/installing). To make sure that after rooting session mSpy works smoothly, our Customers are provided with a 2-month guarantee and 24/7 support of our Advanced technicians via live chat. Note that the rooting of your target device can be successful as well as not successful depending on the peculiarities of the model of the device. For a successful rooting session, we require the following: (i) Windows PC; (ii) Stable Internet connection; (iii) At least 2 hours of physical access to the target device (duration depends on the model of the device and Internet speed); (iv) At least 20Mb/s Internet speed. For the successful remote installation/reinstallation session we require: (i) Target device with the screen unlocked; (ii) At least 10 minutes of physical access; (iii) Stable Internet connection. During the rooting session the following data may be required: PIN code, screen unlock password, linked Google account credentials, Wi-Fi password.
   4. We provide our Support Services in English, Turkish, French and Portuguese only. Not knowing any of these languages is not a reason for a refund.
4. BILLING PROCEDURE AND BILLING CYCLE
   1. All accounts are set up on a prepaid basis, but you are not required to pay us for mSpy usage, because you paid for mSpy usage to your reseller. Some kind of support (mAssistance, Support priority line may be fee-based).
   2. Please, note, that you don’t have any financial relationships with us (except paid Support) due to your mSpy usage. All financial issues in consequences with mSpy usage, including refunds, are responsibilities of your reseller.
   3. Methods of payment for paid Support. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information (card number, CVV code, expiry date) and choose the necessary payment method.
   4. Recurring Billing Procedure. If you ordered paid Support on subscription basis, we will be charging you at the beginning of your respective billing period (the “payment date”). For your convenience, we will automatically charge your credit/debit card for subscription payment terms according to the appropriate subscription plan (after 1-, 3-, 6- or 12 Subscription months, depending on your subscription plan).
   5. If your card on file is declined for any reason, we will attempt to re-run the charge for the cards on file up to five (5) more times within the following thirty (30) days. If we will not be able to charge funds from your card within time mentioned above, your paid Support opportunities will be cancelled.
   6. Insufficient funds. In the event that there are insufficient funds on your accounts/cards, we reserve the right to provide you with a discount on any type of purchase and charge the subscription payment with a discounted price. This may concern the initial payment, subscription renewal, or upgrade, including the renewal and upgrade done through the Control Panel.
      1. 4.6.1 If we try to charge your payment and there are insufficient funds on your card, we may give you a 25% discount, and you will be charged only 75% of the subscription price. If after the provided 25% discount there are still insufficient funds on your card, we may try to provide you a 50% discount, and you will be charged only 50% of the subscription price. If we are not able to charge funds from your card with the discounted prices specified above, your account will be cancelled.
      2. 4.6.2 If we are able to charge funds from your card with a discounted price (75% or 50%), mSpy Services will be provided to you for the subscription period proportional to the applied discount (75% or 50% of the time from the chosen subscription period, respectively).
5. SOFTWARE APPLICATION
   1. The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by us from time to time.
   2. We reserve the right to add or remove features or functions to the Software at any time in our sole discretion.
   3. In case you want to have access to premium features in any other packages, you may need to jailbreak (iOS) or root (Android) the device, which is a legal procedure according to the applicable law. According to exemptions, which were adopted to the Digital Millennium Copyright Act by the Librarian of Congress, jailbreaking and rooting are lawful in specific cases.
   4. If your device was unlinked from the Software due to the update of your device's operating system, you may address customer service at support@mspy.com to link it again. You should remember that you may lose the warranty for your target device operation system and when you re-link it you do it at your own risk.
   5. In case you have any technical question, please contact customer service at support@mspy.com.
6. ACCEPTANCE
   1. By using our Site and/or the mSpy Services you confirm that you have read and consent to these Terms of Use as well as the End User License Agreement, Privacy Policy, Cookie Policy and Compatibility Policy.
   2. We may revise these Terms of Use, End User License Agreement, Privacy Policy, Cookie Policy, and Compatibility Policy at any time, without notice, and the new versions will be available on the Site.
   3. If at any point you do not agree to any portion of these Terms of Use, End User License Agreement, Privacy Policy, Cookie Policy and Compatibility Policy, you should immediately stop using the Site and/or mSpy Services.
7. SECURITY
   1. We care about the integrity and security of your personal information.
   2. You acknowledge that you willingly provide your personal information to mSpy.
   3.  You understand that we may use your personal information to contact you with newsletters, marketing or promotional materials and other information related to the mSpy Service. The user always has an option to unsubscribe.
   4. Please, kindly read our  Privacy Policy for more details about our rules of personal data processing and its secure storing.
   5. You agree that you are obliged to retain the private encryption key provided to you by us.
   6. We are not able to collect and/or store in its database any exported logs and data from a target device with the use of the Software in case (i) the data is older than 3 (three) months; (ii) your license has been expired.
   7. Upon the expiry of your license, all logs and data exported from a target device with the use of the Software will be deleted within 1 (one) month. According to our legitimate interests and your convenience, we have right to not remove your account, even if you don't use it.
   8. We do not control, monitor and/or are not aware of how the user exploits the Software application. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.
   9. You acknowledge that we don’t encourage our users to exploit the mSpy Services illegally.
   10. For the security of all users, you are strictly prohibited from transmitting your full payment information, including card number, CVV, and expiration date, in any format to us via live chat or email, including to the support@mspy.com email address. Should such information be transmitted, we disclaim all liability, and you accept full responsibility for this action.
8. REQUIREMENTS TO A USER
   1. When placing an order for the Software, you acknowledge and agree that you are 18 years of age or older.
   2. When you are installing the Software to a device, you acknowledge and agree that you are a parent to your minor child or guardian of a ward; (ii) you are an owner of this device.
9. COMPATIBILITY OF TARGET DEVICE
   1. You are aware that before placing an order for mSpy Services you have to carefully read the Compatibility Policy.
   2. You are aware that before installing the Software you have to check the requirements for the compatibility of your target device.
   3.  In case your device is not in line with the Compatibility Policy, you may not install and use the Software application.
   4. You understand that in case your device is compatible according to the Compatibility Policy, you are to jailbreak or root your device (if needed) in order to use the Software.
10.  SOFTWARE UPDATES
    1.  In an effort to improve the mSpy Services and error fixing, we may update the Software application from time to time.
    2. You acknowledge and agree that we may update the Software with or without notifying you.
    3. You acknowledge and agree that we may request you via email or Control Panel to update the Software application on a target device.
    4. You understand and agree, that we are not liable for any damage and harm caused to a target device due to software update.
11.  REFUNDS AND RETURNS.
    1. All refunds issues are responsibility of your reseller (online shop, where you pay for mSpy Software). If you wish to refund your money, you have to apply to online shop (your reseller), where you ordered mSpy. We don’t provide any refund, because we don’t have any financial relationships with you, except cases, when you pay us for paid Support.
    2. Any support services, for which you paid are not refundable.
12. INTELLECTUAL PROPERTY
    1. Trademarks. mSpy’s logo is a trademark/service mark that is used by mSpy.
    2. Unauthorized use of mSpy’s trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.
    3. Copyright. The Site, Service, and Software are protected by the applicable law and international copyright laws.
    4.  All intellectual property in the design and layout of this web site and the material or information published on its pages belongs to and is vested in mSpy 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:

       (a) You may print or download pages from this website to a local hard disk for your personal and non-commercial use only;

       (b) In materials issued to third parties, you may only quote the content from this site, provided that such quotes are not used in a misleading context and that you give due credit to both the author and to mSpy.

    5. You may not otherwise use or reproduce any part of this web site or the materials contained within it in any manner other than those listed above and without first obtaining the prior written permission of mSpy.
    6.  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.
13. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW
    1. THE SITE AND THE MSPY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED 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. MSPY 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 OWN RISK. WE DO 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.
    2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
14. LIMITATION OF LIABILITY. SOLE AND EXCLUSIVE REMEDY
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSPY, 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 WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MSPY 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.
    3. 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 mSpy and its affiliates shall be limited to the fullest extent permitted by law.
    4. MSPY IS NOT RESPONSIBLE FOR USING THE SOFTWARE AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE SOFTWARE AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH SECURITY AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. MSPY DOESN’T KNOW AND CANNOT KNOW HOW USERS USE THE SOFTWARE AND/OR SERVICES. IF YOU BECOME AWARE THAT THE SOFTWARE AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY SOFTWARE AND/OR SERVICES USING.
    5. MSPY IS NOT RESPONSIBLE FOR USING THIRD-PARTIES’ PRODUCTS, WHICH WERE BOUGHT ON THE WEBSITE (EXCEPT PAYMENTS ISSUE). ALL CLAIMS AND REQUESTS ABOUT USING, INSTALLING, ERROR FIXING, REMOVING, RE-INSTALLING, ACCESSING AND SO ON, YOU SHOULD SEND TO PROVIDERS OF SUCH PRODUCTS.
15. INDEMNIFICATION
    1.  You agree to indemnify, defend, and hold mSpy and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that we may issue for the Site, the Software and/or Service from time to time.
16. ASSIGNMENT
    1. We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
    2. You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.
17. MISCELLANEOUS
    1. If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
    2. Failure or delay by mSpy to enforce compliance with the ToU does not constitute a waiver of these ToU.
    3.  The express waiver by mSpy of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    4. All notices given by you or required under this ToU shall be written and addressed to:
       1) support@mspy.com - for any technical requests.
       2) support@mspy.com - for any legal requests.
       3) dpo@mspy.com - for personal data and privacy matters (Data Protection Officer).
    5. All Policies and other documents, which are placed on the Site, are integral parts of this Terms of Use.
    6. The Service may be terminated upon the expiration of your license.
    7. We reserve the right to deny service to any user at our sole and absolute discretion.
    8. We may stop offering and/or supporting the mSpy Services at any time.
    9.  We reserve the right to deny service to, or if applicable, terminate the service of any user, including without limitation a user that attempts to monitor the device of an individual, who has not provided their consent. In this case, we reserve the right to block all accounts associated with such potential violating user.
    10. These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
    11. This ToU is regulated by the laws of Czech Republic. Any disputes should be resolved by the appropriate courts of Czech Republic.
    12. In case the laws of your state or country do not permit you to use the Software application completely or only some of its features, hereof you acknowledge and agree that it is upon your responsibility.
    13. The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
    14. For more information, please contact us by email support@mspy.com.