Terms of Usage
Please ensure to read these terms and conditions of usage carefully. These terms and conditions are binding in letter and spirit.
- The user/subscriber agrees and consents to and shall be deemed to have agreed and consented to all the terms and conditions (present or modified from time to time), by subscribing/installing the software from the official web-portal/web-site (popularly known as “Onespy.com”) of Onespy (hereinafter referred to as “Onespy”) and the same constitutes a legal binding contract.
- You consent to Onespy to check the requirements of your concerned phone according to the compatibility requirements mentioned on the Compatibility page, before placing the order.
- These Terms and conditions of Usage (hereinafter referred to as “Terms of Usage”) describe the terms and conditions applicable to your access and use of the web-portal and the software known as Onespy (hereinafter referred to as “Software”) made available through or in connection with the web-portal (hereinafter - the “Service”). These Terms of Usage set forth the terms and conditions under which Onespy provides you access to the web-portal and the Service.
- By installing Onespy/software on a phone, you unconditionally and unequivocally confirm, acknowledge and assure that you have proper consent/authority under applicable laws to install Onespy & monitor the phone in question. If you have unwillingly or unknowingly installed/subscribed Onespy on a phone for which you do not have rights to monitor, you undertake to contact us or write to us on email@example.com, immediately on the most urgent basis to get assistance on removing the software.
- It is clarified that Onespy software is granted to you only on license basis. All rights and authority over the software remains with Onespy. Onespy shall have rights to withdraw its services/software, if it is given to know/understand/learn about misuse of the said software.
- It is further clarified that a single Onespy license once installed on a phone, will be valid for that particular phone only and is neither transferable nor refundable under any circumstance and condition.
- You represent, undertake and assure neither to use nor permit anyone to use the web-portal, software, or the Services in violation of any applicable laws. Notwithstanding the foregoing, Onespy is not responsible in any manner whatsoever, for your access or use of the Software.
- You are aware and understand that you require a physical access to a phone to install the Software.
- The web-portal and the Software of Onespy shall be used only for the purpose of (i) parental control of child/children, (ii) by employers to monitor the phones, which belong to them and on which the employees work, after duly informing the employee about the software and its use, (iii) on a phone, which is of a user’s ownership, (iv) by a user with consent of the phone owner. It is clarified that the software shall not be used for any purpose which is illegal, immoral or not permissible under any applicable laws.
- You are not supposed to install Onespy on someone's phone without his/her knowledge/consent and use his/her collected private data for any private/commercial purposes. If you are found indulged in any such activity, your license will be rendered void automatically and Onespy shall have all the rights to stop its services forthwith. No refunds shall be entertained. Onespy may also assist the government agencies in order to curb misuse of the software, by helping them to retrieve/receive data and records.
4. BILLING AND PAYMENT OF LICENSE FEES
- It is clarified that the software always remains the property and under exclusive ownership of Onespy and only temporary, limited and revocable license is granted to you
- To subscribe the Software, you should create your account by completing the Billing Information and the Payment Method by providing your personal information.
- You understand that Onespy only receives the information provided by you as your ID and email;
- By providing your information while subscribing the Software you are aware and understand that Onespy does not collect this information, it is the Payment Provider that receives payment details;
- You are aware and understand that Onespy is not responsible for any third-party memory leak in databases and/or servers.
- You represent, agree and admit that Onespy is not responsible or liable in any manner (either directly or remotely) for the installation by you of the Software to a concerned phone.
- You undertake to properly follow all instructions and documentation provided by Onespy to you at onespy.in;
- You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that Onespy does not bear the responsibility therefore.
- You will only install the Software on phones for which you are the owner or you received a valid and legal consent from such owner/user of the phone(s).
- We reserve the right to modify, terminate or refuse the Onespy service to anyone for any reason, without notice at any time.
- We reserve the right to alter, modify, amend these Terms of Usage at any time. The altered, modified and/or amended terms of usage shall be binding on you. In case if the altered, modified and/or amended. Terms of usage is not acceptable to you, you shall forthwith inform in writing about the same to Onespy. You shall be responsible and undertake to be vigilant and keep yourself informed about any alteration, modification or amendment of terms of usage. Onespy shall not inform about the said alteration, modification or amendment of terms of usage. Alteration, modification or amendment of terms of usage on onespy.com shall without any further act or deed shall be deemed to be sufficient information/notice to you about all such alteration, modification or amendment of terms of usage.
- Payment of requisite license fees after placing of order for installation of software is necessary and mandatory for subscription. All requests for installation in absence of payment of applicable license fees is liable to be rejected out rightly.
- While placing the order you should complete the Billing Information and the Payment Method by providing your personal information. In case if you have any reservation(s) towards providing your personal information, you are requested not to subscribe for Onespy software as though Onespy endeavors to maintain highest order of security, however, it gives no guarantee/warrantee.
- You shall follow the instructions given on Onespy web portal for payment, installation of software etc. In case of any assistance required, please feel free to contact firstname.lastname@example.org.
- Once the software is installed, the said software shall work only for such period for which you have taken subscription. In case if you wish to continue the services, you shall ensure to renew the same before the expiry of current subscription period Please note that the software would automatically stop functioning immediately on efflux of the period of subscription. In order to avoid discontinuation of services, you shall renew the same from time to time by making requisite payments.
- You undertake not to use another user’s account without permission. When creating your account, you must provide accurate and complete information. In case if the information provided by you is found to be wrong or incorrect, Onespy in its sole discretion may choose to stop your services. No refund shall be entertained is such case.
- You are solely responsible for the activity that occurs from your account, and you must keep your account password secure. You undertake not to share your account and not to disclose your password to anyone else.
- You must notify Onespy immediately of any breach of security or unauthorized use of your account and if you believe that account password may have been compromised.
- Onespy will not be liable for any losses/damages (directly or remotely) caused by any unauthorized use of your account.
- You have the right to cancel any account of yours at any time. You may cancel any account registered to you by following the instructions on the web-portal. It is clarified that in case of cancellation of account no amount shall be refunded.
6. SOFTWARE APPLICATION
- You have been duly informed that Onespy, in its sole discretion, may at any time for any reason suspend or terminate any license and disable the Software and information you may already have accessed to or installed without prior notice. It may also add, remove, alter, modify any or all features or functions to the Software at any time in its sole discretion. The decision of Onespy shall be final and binding and you undertake to accept the same without any protest or objection. No claims whatsoever shall be entertained for such removal, alteration, addition, modification, termination, suspension, disabling etc.
- In case you have any technical question or other issue, please contact customer service at email@example.com Onespy shall be pleased to serve you.
- Refund will be issued only in accordance with the refund policy. You are requested to also read in details the refund policy before downloading and/or installing the software. Please note that Refund policy also forms part and parcel of the present agreement and all its terms and conditions shall be binding on you, in letter and spirit.
- Onespy shall not entertain any request for refund, which is against the stipulations laid down in Refund policy.
- You shall be solely responsible to check the requirements of compatibility of your phone before downloading and/or installing the Onespy software. Onespy does not recommend any specific brand of phone for the installation, as such, it shall be the sole responsibility of the user (you) to check the requirements of compatibility. Detail list of compatibility requirements are given on Compatibility page.
- You are advised that you shall neither endeavor nor download/install any of the Onespy software, in case if your phone is not compatible.
- Failure on any account related to confirming of the compatibility of phone before downloading/installing, shall make void ab-initio any claim for refund and the same shall not be entertained.
- We do not recommend installing on Xiaomi, Gionee, Oppo, Vivo, Le or other phones with any type of enforced power-saving or security features. They may prevent application from being running or stop it permanently. This will not be considered a bug/defect in our application/software but a phone limitation, hence a refund will not be justified or allowed in the case. It is the responsibility of the user/subscriber to confirm by contacting us whether his/her phone is compatible or not as we have limitation to detail about all the compatible phones which are over 3,00,000 in numbers and increasing on day to day basis.
- If you have already subscribed and installed the software on an incompatible brand/model of the phone, you may opt for free phone change and install on a compatible phone within 07 days from the date of subscription. In the period while you may switch phone, you license expiry shall not be affected will be continued from the date of final installation. Refunds will not be provided.
- Un-installation of Onespy software from phone by you/user for any reason disentitles you/user for any refund. Please note that once Onespy software is uninstalled from the phone, the account shall without any further act or deed, shall automatically get deleted from the server within 48 Hours from receiving Uninstall confirmation.
- One uninstalled, request for re-installation of the said software for the remaining period can only be entertained on receipt of payment of 50% of applicable license fees.
- It is clarified that Onespy does not assure you that it shall be able to reinstall the said software, which may not be possible because of technical reasons. In which case no request for refund shall be entertained.
- You represent and acknowledge that you are aware of the fact that while placing order for the product, you are providing your personal information to the Payment Provider, who has no relation with Onespy either directly or remotely. You are also aware that both Onespy and Payment provider are two different and separate legal entities.
- Onespy receives in its server your personal information only in an encrypted form, which means Onespy does not have any access to such encrypted data. Be as it may, Onespy takes no responsible for any third party memory leak.
- You agree and undertake that you are obliged to safely and securely retain the password provided to you by Onespy. Loss of password and any loss/damage (directly or remotely) resulting as a consequence thereof shall be solely your responsibility and you undertake to indemnify Onespy for the same, without any limitation.
- Onespy stores user’s login in database. User’s password is not stored. We store only hash of the password generated. Thus, Onespy at no point of time is aware of your password, which is only know to you. In case of disclosure of such encrypted data Onespy shall not be held responsible. The subscriber/user indemnifies and undertakes to keep Onespy and its directors, officials, staff indemnified from all claims, disputes, losses, damages, litigation etc.
- Onespy does not control, monitor and/or is not aware of the purpose a user uses/puts to use the Software and Onespy may not be held responsible for any such use thereof. It is at a user’s risk and responsibility. You undertake once again to use the software strictly in compliance with applicable laws, in letter and spirit. You shall be solely liable at your risk, costs and peril in case of failure to observe the same.
- You are aware, acknowledge and admit that Onespy does not encourage or asks its users to exploit the Onespy service illegally or for any purpose/use other than those permitted under applicable laws.
11. MANDATORY REQUIREMENTS TO BE A USER
- Before placing an order, you represent, acknowledge and agree that you are entitled under applicable law(s) to avail Onespy services and are 18 year of age or above and of sound mind.
- When installing the Software to a phone you acknowledge and agree that you are a parent to your minor child, or an employer and the employees’ phone is owned by you and the employee is aware of the said software in all details, notified and received free consent from an owner of this phone, without any force or coercion.
- The downloading/installation of the Onespy software in any phone shall be done strictly under valid legal consent from the user/owner of the phone, given under free will, without any force or coercion. In case of any deviation from the above said, all liabilities shall solely rest on the defaulter (you/user). Onespy takes no responsibility, whatsoever.
12. SOFTWARE UPDATES/IMPROVE
- Onespy team is continuously and zealously working towards providing of better and advanced software. In its endeavor to achieve better results and improve its services, Onespy may update/make improvements in its software, from time to time, without any notice, for which you acknowledge, agree and accept the same, without any protest/objection.
13. INTELLECTUAL PROPERTY
- Logos Onespy and Trademark Onespy is trademarks/proprietary rights of Onespy. Unauthorized use or permitting any other person to use the same is a violation of Indian trademark laws, which also includes criminal prosecution. Onespy shall be thankful, in case if you can spare your valuable time informing Onespy about any such violation, which you may come across.
- The web-portal, Service and Software are protected by Indian Trademark and copyright laws.
- The web-portal and the service provided by Onespy is on an “as is where is basis”, without warranties/guarantees of any nature, either express or implied. Onespy neither represents nor warrants any claim of accuracy, completeness or reliability of the software (either in part or full). You shall thoroughly examine and verify any information before relying on it and shall be solely responsible for the same at your risk and peril, for which Onespy takes no responsibility. Onespy does not warrant availability of its services during all times, at all locations. Onespy also makes no claim that its services shall be free from all errors, uninterrupted, better than others, would be improved within a given time span, free from viruses, etc.
- Onespy understands that some states/territories do not accept/allow the disclaimer of implied warranties, in which case you are asked not to use/download/install the software in the said states/territories or use the same within the said states/territories. This is without prejudice to condition that only the courts of Delhi shall have territorial jurisdiction and laws of India shall be applicable.
15. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
- Notwithstanding anything contained anywhere, to the maximum extent permitted by law, Onespy disclaim all liability, whether based in contract, tort, strict liability or vicarious liability, and further disclaims all losses/damages, including without limitation direct, indirect, incidental, consequential, or special loses/damages arising out of or in any way connected with access to or use of the web-portal, the software and/or service, under any circumstances whatsoever.
- Without limiting the foregoing, in no case shall the liability of Onespy or any of the related parties exceed INR 5,000/-.
- You agree to indemnify, defend and hold Onespy, its directors, officials and staff and all other related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the web-portal, the Software and/or the Service or any breach by you of these Terms of Usage or any other policies that Onespy may issue for the web-portal, the Software and/or Service from time to time.
- Onespy may assign these Terms of Usage, in whole or in part, to any person or entity at any time with or without any notice and your consent. Decision of Onespy in this regard shall be final and binding. You agree to accept the said decision without any protest or objection.
- You may not assign the Terms of Usage without Onespy’s prior written consent, and any unauthorized assignment by you shall be null and void.
18. GOVERNING LAW