YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1.use the Cell Spy Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
2.remove, circumvent, disable, damage or otherwise interfere with security-related features of the Cell Spy Services, features that prevent or restrict use or copying of any content accessible through the Cell Spy Services, or features that enforce limitations on use of the Cell Spy Services;
3.intentionally interfere with or damage operation of the Cell Spy Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
4.post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
5.use any robot, spider, scraper or other automated means to access the Cell Spy Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Cell Spy Services or modify the Cell Spy Services in any manner or form, nor to use modified versions of the Cell Spy Services, including (without limitation) for the purpose of obtaining unauthorized access to the Cell Spy Services.
6.sell or transfer or allow another person to access your account password or Cell Spy Services account
7.Download, Install and Activate Cell Spy on a smart phone that is not owned by you or you do not have written approval from the owner to do so.
8.Breach the federal and government laws of your country by downloading, installing and activating Cell Spy Software on someone’s smart phone.
9.Collect data using Cell Spy software from a smart phone, which is not owned by you without the knowledge and consent of the owner of the smart phone.
You agree that Cell Spy may terminate or suspend your access to the Cell Spy Services without prior notice and without liability if such termination or suspension is based on (a) Cell Spy good faith belief you have violated any of the terms and conditions of this Agreement, (b) Cell Spy determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the Cell Spy Services or (d) non-payment of any fees owed to Cell Spy. These remedies are in addition to any other remedies Cell Spy may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless Cell Spy, its affiliated companies, and its suppliers and partners (including, without limitation, Cell Spy’s wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Cell Spy Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Cell Spy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CELL SPY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, CELL SPY’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE CELL SPY SERVICES, EVEN IF CELL SPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL CELL SPY’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, CELL SPY’S WIRELESS CARRIER PARTNERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE CELL SPY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
RESERVATION OF RIGHTS
The Cell Spy Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Cell Spy or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Lookout Services is granted to you, whether by implication, estoppels or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the Cell Spy Software; (b) modify, adapt, translate or create any derivative works of the Cell Spy Software or attempt to do the foregoing; (c) attempt to circumvent or disable the Cell Spy Software or any technology, features or measures in the Cell Spy Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Cell Spy Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the Cell Spy Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the Cell Spy Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Cell Spy Software or used in connection with the Cell Spy Software
USER DATA AND LOCATION DATA
The Cell Spy Services may allow the submission of content and materials by you (“User Data”), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them.
Cell Spy assumes any data that is uploaded using the Cell Spy service purchase by you is your data and hence will not be liable for anything to that data.
MODIFICATION OF THIS AGREEMENT
Cell Spy may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the CellSpyFree.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use the Cell Spy Services after those changes are posted.
PAYMENT TERMS; CANCELLATION
Cell Spy services are bought on an AS-IS basis due to the fact that our software may not be compatible with all Cell Phone brands and configurations.
All users of Cell Spy are required to accept all terms on this page along with the User Legal Agreement when creating your account and upon purchase.
THE CELL SPY SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE CELL SPY SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CELL SPY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LOOKOUT’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CELL SPY AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LOOKOUT’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CELL SPY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE CELL SPY SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE CELL SPY SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
Our software is designed for monitoring your children or employees on a smart phone you own or have proper consent to monitor. You must notify users of the smart phone that they are being monitored. Failure to do so may result in the breaking of federal and state laws. If you install software onto a device of which you do not own or have proper consent, we will cooperate with law officials to the fullest extent possible.
It is the responsibility of the user of Cell Spy to ascertain, and obey, all applicable laws in their country in regard to the use of Cell Spy for “sneaky purposes”. If you are in doubt, consult your local attorney before using Cell Spy. By downloading and installing Cell Spy, you represent that Cell Spy will be used in only a lawful manner. | Logging other people’s SMS messages & other phone activity or installing Cell Spy on another person’s phone without their knowledge can be considered as an illegal activity in your country. | Cell Spy assumes no liability and is not responsible for any misuse or damage caused by our Cell Spy. It’s final user’s responsibility to obey all laws in their country. By purchasing & downloading Cell Spy, you hereby agree to the above.
Cell Spy software is designed for ethical monitoring for parents who wish to monitor their underage children or for employers who wish to monitor their employees with their written consent. The buyer of the Cell Spy software must own the smart phone or must have written consent from their children or employees granting them permission to monitor before they install and activate the Cell Spy software onto the smart phone.
Cell Spy software must not be used to ‘Stalk’ or ‘Spy’ anyone. Cell Spy software must not be used to monitor the smart phone of a spouse, girlfriend, boyfriend, child over 18 without their written consent.
If you attempt to use Cell Spy software to monitor a smart phone you do not own or have proper written consent to do so by the owner of the smart phone, you may be breaking federal and state laws. In such case we will co-operate with the law officials to full extent.
To further elaborate the written consent must include the monitored person or owner of the smart phone giving permission to the buyer of the Cell Spy software to track their SMS, call log, emails, appointments, Geo Location, videos, photos, contacts, Internet browsing history, Bookmarks, Blackberry Messenger and listen to their recorded calls at any time.
Cell Spy software does not assume any liability for any misuse or damages caused by our Cell Spy software. It is the responsibility of the buyer to obey all laws of their country and use Cell Spy software legally.
You are taking full responsibility of using Cell Spy for legal purposes and are not breaking any federal or state laws. It is the responsibility of the user of Cell Spy to ascertain, and obey, all applicable laws in their country in regard to the use of Cell Spy. It is the final user’s responsibility to follow all the laws in their country and Cell Spy will not be held accountable for any illegal use of the product. By downloading and installing Cell Spy, you pledge that Cell Spy bears no responsibility from here on forth. Logging other people’s SMS messages and other phone activity or installing Cell Spy on another person’s phone without their knowledge can be considered as an illegal activity in your country. It is the user’s responsibility to carry out research regarding their country’s laws before buying Cell Spy. By purchasing & downloading Cell Spy, you hereby agree to the above.
If your subscription is based on credit card billing, we will automatically charge your credit card as applicable according to your subscription and renewal of your subscription, for the cost of the subscription and any applicable taxes for the use of Cell Spy Software you select. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your Cell Spy Account and use of the Cell Spy Software. If you do not bring your Cell Spy balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Cell Spy account. You will be responsible for paying all past due amounts. If you want to use a different credit card or update credit card information, you may make edits by accessing your Account page. If your credit card reaches its expiration date, your continued use of the Cell Spy Services constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated. By signing up for a Cell Spy account, you hereby agree to these payment terms and conditions.
If you have any problem with the download, installation, activation or usage of the Cell Spy service, we shall work with you and give you constant support to fix any possible issues. In any unusual circumstances, we cannot fix the problem; you shall be refunded the charges you paid for the Cell Spy subscription. But for the above to apply, you must contact us within 3 (three) days from the date of purchase of Cell Spy service subscription. If you fail to notify us within the first 3 days from the date of purchase of Cell Spy service subscription for any problems, the above refund policy will not apply.