End Consumer License
This end consumer License ("ECL") constitutes mandatory part of our License with you, thus, you are advised to read the same thoroughly prior to downloading or installing the Onespy software (hereinafter - software/licensed software). The act of mere downloading or installing the software shall without any further act or deed mean that user has consented and agreed to adhere to the terms of this ECL and the same shall be binding on you. If user has any reservations qua the present License and/or do not accept the terms of the presence license, you shall not download or install the software. This ECL is a legal and binding License between you and Onespy for all your activities on Oncespy website including downloading, installing or using the software. By the very act of downloading, installing, or using or making use of the software, in any manner whatsoever, you admit yourself to the terms of this ECL.
By accepting this ECL, in any manner as stated above, either by consent or by your acts, directly or remotely, you agree and undertake to download and install this software only on a mobile phone or mobile phones owned by you and to use it only for legal purposes and no other purposes, whatsoever. You undertake to inform any person(s), who use(s) a mobile phone with the software installed about the presence of the software and take consent from the said person. Failure on your part may amount/tantamount to transgressing of applicable law, for which act of omission/commission you shall be solely liable.
The software on payment of license fees is granted to you only on license and no rights whatsoever accrues to you. All the rights and ownership remains solely with Onespy.
You agree that you shall personally or through any other person, directly or remotely, do or attempt to: (i) encumber, sell, part with, lease/sublease, license/sublicense, distribute/redistribute, assign/re-assign or give the Licensed Software or permit any other person to use the licensed software; (ii) copy/reverse engineer the Licensed Software, in whole or in part; (iii) copy the Software.
Any attempt to do so is considered as a violation of the ECL and the rights of Onespy. If you breach this restriction, you may be subject to legal actions and damages at your risks, costs and peril.
DISCLAIMER: SOFTWARE STRICTLY INTENDED FOR LEGAL USE ONLY AND FOR NO OTHER USE WHATSOEVER: We hereby put you under notice that it is the violation of the laws of various countries to install surveillance software (Licensed Software). Stringent legal action may be initiated for breach of applicable laws. You are requested to familiarize yourself qua the legal provisions and their effect qua using the Licensed Software, for the purpose and manner you wish to use it, prior to downloading, installing, and using it. Onespy neither advises you to install its software nor shall it be held responsible if you choose to install the said software. Onespy provides no legal advice or help of any nature whatsoever.
User REPRESENTS, PROMISES, ASSURES AND ACKNOWLEGES that the Software shall be used for the purpose of monitoring and tracking mobile phones of children and employees under their complete knowledge and with their prior explicit permission and consent.
User agrees that the installation and use of the Software will be in accordance with applicable laws and will not use the Software in violation of any applicable laws/restrictions/prohibitions etc including any law, rule, ordinance or governmental regulation.
User assures and consents not to allow any other person to access the information that the Software collects from the mobile phone, account, application, or program, on which the Software is installed.
User acknowledges that the Software may not be installed remotely without possession bona fide of a mobile phone by the User with physical access hereto.
User is aware that before installing the Software user has to check the requirements of compatibility of his/her mobile phone according to the Compatibility mentioned on the website and shall satisfy himself/herself before installing/downloading the software. No request towards refund shall be entertained for failure to comply with the same.
User understands that Onespy is not liable for/towards any damage which may occur to the mobile phone by virtue of downloading/installing the software, for which the user shall be solely liable. User hereby indemnify and undertake to keep Onespy indemnified from all risks, demands, claims, litigations etc which may arise in this regard.
Onespy reserves its rights to change, modify, amend, add, curtail any of the terms of this ECL, without any prior information or notice and the said changed, modified, amended, added, curtailed terms shall be binding on you.
BY INSTALLING THE SOFTWARE YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
- Scope of License: Onespy grants you a limited, non-exclusive, non-transferable revocable USE ONLY LICENSE (hereinafter – the License) to download and install the software. The ownership of the license shall always remain with Onespy.
- LEGAL USAGE ONLY (and not for any other use): The Licensed Software is designed for use by those, who have the legal, valid and subsisting right to monitor the mobile phone, on which it is installed.
- Improper Use of the Software: You agree not to use the Licensed Software for any illegal purposes which infringe the rights of any other person or violates any law. In case of any violation being reported, Onespy reserves its rights to block the account of violator, till such time, it is proved otherwise.
- Consent to Use of Data: You agree and permit Onespy to collect and bring to use technical data/information, including but not limited to technical information about your mobile phone, system and application software.
- Confidential and Third Party Information: You agree that you will at all time prior to and post this ECL, hold all such confidential and proprietary information (including third party information, if any) in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person, in contravention of any applicable laws.
- Contents: The Licensed Software enables access to third party services, websites, contents. In case if you receive any offensive, indecent, or objectionable matter/material, you shall dispose off the same in the manner as provided under applicable laws. Onespy takes no responsibility for any content which you may receive, store, use etc which may amount to be offensive, indecent, or objectionable, under applicable laws. Onespy neither suggests nor advices you to deal with such contents, except to dispose off the same forthwith in the manner as provided under applicable laws.
- Term and duration of usage of license: The term of this License runs concurrently with the term of your subscription plan. You shall be authorized to use the licensed software only during such term, which permission to use shall automatically terminate with efflux of time. Onespy shall not issue any notice in case of your failure to renew your subscription.
- Technical: You are always welcome to receive professional help from Onespy customer care, subject to your fulfillment of all the terms and conditions of license and other applicable agreements.
- Limitations of Liability: In no event shall Onespy be liable for your use of the Software. It is reiterated that the licensed software has been downloaded/installed solely at your risks and costs.
- You acknowledge that a breach of this ECL would cause irreparable injury to Onespy for which monetary damages are not an adequate remedy. Accordingly, Onespy shall be entitled to seek injunctive relief and other equitable remedies in the event of such breach.
- This ECL shall be construed and interpreted under laws of United Kingdom, and you consent to the exclusive jurisdiction of the Federal court in exclusion of all other courts. All disputes/differences shall be subject to exclusive jurisdiction to Federal court.