This Agreement was last updated in 2020.
TERMS AND CONDITIONS
User Legal Agreement
This terms of service is a legal contract between you and MOBCOMSPY (www.Mobcomspy.com), governing your use of mobile or web services or mobile or web software (“MOBCOMSPY Service”) owned, owned, controlled or offered by MOBCOMSPY Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE MOBCOMSPY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE MOBCOMSPY SERVICES IMMEDIATELY.
All MOBCOMSPY services are licensed to you and not sold. MOBCOMSPY grants you a personal, non-exclusive, non-transferable service and non-sub licensable license to use the MOBCOMSPY service only for your personal or internal business use. You will retain all ownership rights in User Data that you transfer to MOBCOMSPY for data protection.
You agree to obey all the applicable laws of your country regards to the use of MOBCOMSPY software. You must own the Device or have written permission from the owner of the device before downloading, installing, activating MOBCOMSPY software on the device. The user of the device must have knowledge that you are viewing their personal data. MOBCOMSPY assumes no responsibility if you install, download and activate MOBCOMSPY software on a device (“mobile phone”, “Cell Phone”, “Desktop”, “Personal Computer”) without the knowledge and permission of its Legal owner. You agree that MOBCOMSPY will not be responsible or accepts any liability for any misuse or damages. As soon you download, install or active MOBCOMSPY service from our website, you agree to obey all the laws of your country and assume all responsibility of the way you use MOBCOMSPY.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use the MOBCOMSPY 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;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the MOBCOMSPY Services, features that prevent or restrict use or copying of any content accessible through the MOBCOMSPY Services, or features that enforce limitations on use of the MOBCOMSPY Services;
- intentionally interfere with or damage operation of the MOBCOMSPY Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- 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
- use any robot, spider, scraper or other automated means to access the MOBCOMSPY 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 MOBCOMSPY Services or modify the MOBCOMSPY Services in any manner or form, nor to use modified versions of the MOBCOMSPY Services, including (without limitation) for the purpose of obtaining unauthorized access to the MOBCOMSPY Services.
- sell or transfer or allow another person to access your account password or MOBCOMSPY Services account
- Download, Install or Activate MOBCOMSPY on a device that is not owned by you or you do not have written approval from the owner to do so.
- Breach the federal and government laws of your country by downloading, installing or activating MOBCOMSPY Software on someone’s device.
- Collect data using MOBCOMSPY software from a device, which is not owned by you without the knowledge and consent of the owner of the device.
You agree that MOBCOMSPY may terminate or suspend your access to the MOBCOMSPY Services without prior notice and without liability if such termination or suspension is based on (a) MOBCOMSPY good faith belief you have violated any of the terms and conditions of this Agreement, (b) MOBCOMSPY determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the MOBCOMSPY Services or (d) non-payment of any fees owed to MOBCOMSPY. These remedies are in addition to any other remedies MOBCOMSPY may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless MOBCOMSPY, its affiliated companies, and its suppliers and partners (including, without limitation, MOBCOMSPY’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 MOBCOMSPY 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. MOBCOMSPY 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, MOBCOMSPY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, MOBCOMSPY’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 MOBCOMSPY SERVICES, EVEN IF MOBCOMSPY 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 MOBCOMSPY’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, MOBCOMSPY’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 MOBCOMSPY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
RESERVATION OF RIGHTS
The MOBCOMSPY 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 MOBCOMSPY 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, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the MOBCOMSPY Software; (b) modify, adapt, translate or create any derivative works of the MOBCOMSPY Software or attempt to do the foregoing; (c) attempt to circumvent or disable the MOBCOMSPY Software or any technology, features or measures in the MOBCOMSPY 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 MOBCOMSPY Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the MOBCOMSPY Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the MOBCOMSPY Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the MOBCOMSPY Software or used in connection with the MOBCOMSPY Software.
USER DATA AND LOCATION DATA
The MOBCOMSPY 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. MOBCOMSPY assumes any data that is uploaded using the MOBCOMSPY service purchase by you is your data and hence will not be liable for anything to that data.
timeliness of with respect to any Location Data.
MODIFICATION OF THIS AGREEMENT
Lookout may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the Mobcomspy.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use the MOBCOMSPY Services after those changes are posted.
MOBCOMSPY software is designed for ethical monitoring for parents who wish to monitor their underage children. The buyer of the MOBCOMSPY software must own the device or must have written consent from their children granting them permission to monitor before they install and activate the MOBCOMSPY software onto the device
MOBCOMSPY software must not be used to ‘Stalk’ or ‘Spy’ anyone. MOBCOMSPY software must not be used to monitor the device of a spouse, girlfriend, boyfriend, child over 18 without their written consent signed by the owner of the device you want to monitor.
If you attempt to use MOBCOMSPY software to monitor a device you do not own or have proper written consent to do so by the owner of the device, 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 device giving permission to the buyer of the MOBCOMSPY software to track their SMS, call log, emails, appointments, Geo Location, videos, photos, contacts, Internet browsing history, Bookmarks, surrounding audio, surrounding video and listen to their recorded calls at any time. MOBCOMSPY software does not assume any liability for any misuse or damages caused by our MOBCOMSPY software. It is the responsibility of the buyer to obey all laws of their country and use MOBCOMSPY software legally.
You are taking full responsibility of using MOBCOMSPY for legal purposes and are not breaking any federal or state laws. It is the responsibility of the user of MOBCOMSPY to ascertain, and obey, all applicable laws in their country in regard to the use of MOBCOMSPY. It is the final user’s responsibility to follow all the laws in their country and MOBCOMSPY will not be held accountable for any illegal use of the product. By downloading and installing MOBCOMSPY, you pledge that MOBCOMSPY bears no responsibility from here on forth. Logging other people’s SMS messages and other phone activity or installing MOBCOMSPY 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 MOBCOMSPY. By purchasing, downloading, installing or activatng MOBCOMSPY, you hereby agree to the above.
It is company policy that our customer databases remain confidential and private. We have not, will not, and won’t ever sell names to “spammers” or other parties who would like to use our databases to advertise or solicit their products or services.Your private information is safe with us.
We take all reasonable precautions to protect the privacy of your information. When you submit sensitive information via the MOBCOMSPY website, your information is protected online as well as offline.
To ensure the absolute security of your data, we recommend you download your data regularly & delete it from your account. We automatically delete all data that is more that 90 days old. We hold no back up for your private data so deleting your information makes it permanently inaccessible.
Your purchase of Mobcomspy tools and services shall be regulated by this Refund Policy.
PLEASE READ IT CAREFULLY BEFORE PLACING YOUR ORDER AS IT DETERMINES YOUR RIGHTS WITH REGARD TO YOUR PURCHASES, INCLUDING ESSENTIAL RESTRICTIONS AND EXCLUSIONS.
General Refund Terms:
In case you have technical issues with the Mobcomspy monitoring tools, which cannot be fixed by Mobcomspy Customer Support Center, you may be eligible for a full refund in accordance with Refund Policy outlined below. However, we are convinced that most of claims for refund may be avoided if you accept professional help from our Customer Support Center. To contact the Customer Support Center please write to email@example.com.
Subject to this Refund Policy, you may be eligible to receive a full refund within 7 days following the day of your purchase provided your reasons don’t contradict with the Refund Policy conditions outlined below.
- No refund will be issued after 7 days have elapsed since the purchase date.
- Your refund may be issued only once. If you buy another Mobcomspy subscription at a later time, it will not be subject to the same refund request.
- No refund will be issued in case a user refuses to re-install or re-link Mobcomspy Software in the event of the performed upgrade of the operating system on the target device.
- No refund can be issued to a user in case the reasons for a refund are completely beyond Mobcomspy control. They include, but are not limited to:
No refund will be issued in case the target device has lost connection with Mobcomspy subscription due to the absence of Internet access, factory reset, mobcomspy app tampered with or update to the latest operating system version.
- A target device is not owned by a user or a user does not receive a consent of a target device owner to install the Mobcomspy Software, or has forgotten the password to unlock it;
- A target device does not have Internet access (no money left on the target device account, temporary service interruption, roaming-related problem, etc.);
- The carrier operator is changed by a target device user that leads to the loss of Internet connectivity and consequently improper functioning of Mobcomspy Software;
- A target device was reset to original factory settings;
- A user does not follow the setup guidelines stated on our site or from our customer support team or does not accept technical assistance;
- A user did not receive the data that had been saved on a target device before Mobcomspy was installed on it;
- A user intended to use Mobcomspy on more than one target device after purchasing one subscription plan;
- Personal reasons (I’ve changed my mind, I’ve made a purchase by mistake, Software was not used, etc.):
- Mobcomspy software was unlinked or damaged by anti-virus software, target device’s owner or other services;
- A user’s iCloud credentials for a target device are not up-to-date;
- iCloud backup cannot be activated to a target device by a user, even though it is technically possible;
- A target device does not have daily WI-FI connection;
- A target iOS device does not have enough space in iCloud for saving backups and a user is not able to increase it;
- No refund will be issued in case a user’s target device is not in compliance with the Mobcomspy Compatibility Policy. Please, download our free trial to comfirm the compatability of the device before you buy the license version.
- If customer must often change server computer of the order, a re-payment for the order must be made.
You are required to send your refund request to Mobcomspy at firstname.lastname@example.org. We do not accept refund requests made in other possible ways. The refund decision shall be made within seven business days.
In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with your purchase of any subscription plan(s), you agree that we may suspend access to any and all accounts you have with us. Account’s reactivation is processed at our discretion and only after our receipt of the unpaid purchase(s).Charges for the service(s) which use our credit card payment processor will be identified on your credit card statement. Fees, incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Provider, and disputes that require accounting or legal services shall be covered by you.
All features of the Service are offered on a subscription basis. You are responsible for paying the applicable prices for each service you elect to use. The Service may be payable in advance.
All fees associated with using the Service are specified in the Fee Schedule, which is available via the internet at https://mobcomspy.com/pricing/. We may offer alternative fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, but we are under no obligation to offer such alternatives to all users. The actual price you will pay for the Service shall be the price listed in the Billing section of your account, our website or by other agreement.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Service shall remain vested in us or our licensors.
SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of Nigeria (without regard to conflicts of law provisions) and the parties hereby irrecoverably submit to the exclusive jurisdiction of the courts located in Nigeria.
This Agreement was last updated in year 2020.