This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of top spy websites, software applications and services (collectively, the “Services”). The terms, “we” and “our” as used in this Agreement refer to TopSpy. By using the Services, you (the “User”) agree to this Agreement, and if you do not agree to this Agreement, you should immediately cease all usage of the Services.
We reserve the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.topspyapp.com/terms-and-conditions/ and/or any other appropriate section of the TopSpy website. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications showed at TopSpy website. This Agreement may not be amended except as provided in this paragraph.
1. DISCLAIMER OF WARRANTIES
The Services are provided by TopSpy on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TopSpy makes no representations or warranties of any kind, express or implied, regarding the use or the results of use of the Services in terms of correctness, accuracy, reliability, or otherwise. TopSpy shall have no liability for any interruptions in the use of the Services. TopSpy disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
2. LIMITATION OF LIABILITY
TopSpy SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TopSpy SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TopSpy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User agrees to indemnify and hold TopSpy, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Services, the violation of this Agreement, or infringement by User, or other user of the Services using User’s computer, of any intellectual property or any other right of any person or entity.
4. MODIFICATIONS AND INTERRUPTION TO SERVICES
TopSpy reserves the right to modify or discontinue the Services with or without notice to the User. TopSpy shall not be liable to the User or any third party should TopSpy exercise its right to modify or discontinue the Services. User acknowledges and accepts that TopSpy does not guarantee continuous, uninterrupted or secure access to the Services and operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. THIRD-PARTY WEBSITES
6. GOVERNING LAW
This Agreement, including any futher rules, polices, or guidelines incorporated herein by reference, shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any choice of law rules. We make no representation that our Services are appropriate, legal or available for use in other locations.
7. SOFTWARE LICENSE TERMS
TopSpy holds all copyrights and (other) proprietary rights to TopSpy software applications (the “Software”). We hereby grant you a license to use one copy of the TopSpy software applications on any single device, provided the Software is in use on only one device at any time.
You may not (and may not allow anyone else to):
- copy (other than being in possession of one copy for backup purposes) or use the Software in any manner that is not expressly allowed by the license rights stated above, distribute, rent, lease or sub-license all or any part of the Software;
- change, modify or create a derivative work of any part of the Software;
- decompile, reverse engineer, or otherwise attempt to derive the source code for the Software or any underlying algorithms, user interface techniques, or other ideas embodied in the Software to use in spy gadgets for adults or elsewhere;
- transmit the Software over a network and/or electronically using any means.
This license is non-transferable.
8. LEGAL PREREQUISITES FOR USING SOFTWARE AND SERVICES
TopSpy Software and Services are designed only to be used to monitor your child or employee using your electronic spy equipment. We define each as:
- Child: Your own legal child that is under the age of 18, using a device that you own.
- Employee: Your employee at a company you own OR an employee at the same company as you that you have managerial responsibilities for, a device owned by the company and issued to the employee under your company’s policies regarding company equipment.
In order to use TopSpy Software and Services you MUST agree to the following conditions:
- You acknowledge and agree that you own the device you will install the software onto or that you have obtained express written consent of the owner to be an authorized administrator of the device and its users.
- You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your area to monitor other individuals on your own device. You will never monitor any adult without their valid permission.
- If you install Topspy software applications onto a device which is not of your ownership or without proper consent of monitored user, we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.
We absolutely do not condone the use of our software for illegal purposes.
9. TECHNICAL PREREQUISITES FOR USING SOFTWARE AND SERVICES
You need to have unrestricted physical access to the device to be monitored is required. We define unrestricted physical access as:
- User has access to the device while the device to be monitored is in their hands with direct physical control; and
- User has all passwords, pass codes, lock screen codes, etc. to unlock the device to be monitored to gain access; and
- User has properly de-activated and/or configured the device’s anti-virus program to allow the Software to run unencumbered on the device to be monitored.
You must jailbreak the iPhone you want to monitor before installing TopSpy software. It is impossible to install TopSpy if you can not jailbreak the target iPhone.
Please note that TopSpy does not support Windows Phone 7 mobile devices yet.
Full list of compatibility requirements is available at http://www.topspyapp.com/compatibility/
10. REFUND POLICY
If you experience technical issues with our Software, we will work with you to resolve these issues in a timely manner. If these issues cannot be resolved in a timely manner, a refund of the purchase price will be issued if the Software is proven defective.
The refund period is 90 (ninety) days. No refund will be available after this refund period is over.
The refund may apply only to the primary (first) TopSpy subscription. If you own more than one subscription, no refund will be available for either of them. If you buy another TopSpy subscription at a later time, this will not be subject to a refund request.
Any purchase of the software at a discount price is non-refundable.
No refund is due if the customer refuses to upgrade the TopSpy version.
No refund is due in case if claimed reasons for a refund are completely beyond our control, including but not limited to:
- Problems with and/or loss of Internet connectivity on the target device, for any reason;
- Update of operational system on the target device;
- Resetting target device to original factory settings;
- Your failure to follow the installation guidelines of our customer support team;
- Your failure to have unrestricted physical access to the target device;
- Your failure to fulfil any of the Technical Prerequisites for using Software and Services stated above, including running target device with any other operating system than listed as compatible in the Compatibility section of TopSpy website;
- Personal reasons (“I’ve changed my mind”, “I’ve made a purchase by mistake”, etc.).
You are required to send your refund request to Billing Dpt. at firstname.lastname@example.org. We do not accept refund requests made via a Live Chat, or by phone. The refund decision is generally made within one or two business days.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.