This Spymer End User License Agreement, also referred to as EULA or Agreement, exists between the end user hereafter referred to as You or The Licensee, and the Spymer Team hereafter referred to as We or The Licensor, the owners and developers of the Spymer software hereafter referred to as The Software or Spymer.
Please meticulously read this agreement before either proceeding to download and/or install any of the Spymer product. Additionally, rapt attention should be paid to understanding the below clauses including but not limited to articles 3, 5, 6, 14, 15, 16. In a case where You have a disagreement with or an inquiry to make concerning this EULA, please contact the Spymer team. Once You begin installing, copying, accessing, or using this software, You are consenting to the provisions herein, and make a promise to comply with all the terms and conditions of this agreement.
NOTICE: BY ACCESSING, DOWNLOADING, INSTALLING OR EVEN USING THIS SOFTWARE, YOU AGREE TO BE LEGALLY CONSTRAINED BY THE TERMS, PROVISIONS, AND CONDITIONS OF THIS AGREEMENT. ALL USERS MUST INSTALL THIS SOFTWARE ON ONE DEVICE OR MORE DEVICES YOU OWN AND/ OR FOR WHICH YOU HAVE RECEIVED EXPLICIT PERMISSION AND CONSENT FOR MAKING SUCH INSTALLATION FROM THE DEVICE’S OWNER OR USER. FOR CLOUD-BASED AND OTHER MONITORING OPTIONS THAT INVOLVES REQUIRE NO SOFTWARE INSTALLATION, USERS MUST USE THE SOFTWARE ON SOLELY ONE ACCOUNT, APPLICATION, OR PROGRAM THAT YOU POSSESS LEGAL ACCESS OR AUTHORITY. USERS MUST ALSO AGREE TO INFORM ANY PERSON(S), USING A DEVICE ON WHICH THE SOFTWARE HAS BEEN INSTALLED AND ANY OTHER PERSON WITH A LEGAL RIGHT TO THE ACCOUNT OF THE SOFTWARE’S PRESENCE.
WHILE USING SPYMER, ALL USERS RESIDENT IN CANADA MUST READ, COMPREHEND AND ADHERE TO THE PERSONAL INFORMATION AND PROTECTION OF ELECTRONIC DOCUMENTS ACT (PIPEDA). ALSO, ALL USERS RESIDENT IN USA MUST READ AND OBEY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND WIRETAP ACT.
DISCLAIMER: SPYMER IS INTENDED FOR LEGAL USE ONLY. SPYMER IS A SMARTPHONE & TABLET MONITORING APPLICATION INTENDED TO FACILITATE EFFECTIVE PARENTAL CONTROL AND PROFESSIONAL MONITORING OF THEIR LOVED ONES OR EMPLOYEES WITHIN THE LEGAL CONFINES, ON DEVICES THEY OWN LEGALLY AND HAVE RECEIVED MONITORING CONSENTS OR PERMISSION FROM THE USER(S) BEING MONITORED. A FAILURE TO ADHERE TO THESE RULES MIGHT RESULT IN THE VIOLATION OF APPLICABLE LAW THAT COULD LEAD TO SEVERE MONETARY AND CRIMINAL PENALTIES IMPOSED ON VIOLATOR(S). LEGAL CONSULTATION IS ADVISED TO OUR USER(S) IN ORDER TO GAIN PROFESSIONAL PERSPECTIVES CONCERNING THE LEGALITY OF USING THE SPYMER APPLICATION IN WHATEVER MANNER THEY INTEND TO BEFORE REGISTERING, DOWNLOADING, INSTALLING, AND USING IT. BE WARNED THAT SPYMER WILL NOT BE LIABLE SHOULD ANY USER DECIDE TO MONITOR A DEVICE FOR WHICH THEY LACK MONITORING RIGHTS; NOR WOULD SPYMER PROVIDE ANY LEGAL ADVICE CONCERNING THE SOFTWARE’S USE.
TERMS AND CONDITIONS:
In this agreement, Spymer refers to all the contents present in files, disk(s), CD-ROM(s), DVDs, or all other media for which this EULA is provided, it includes but is not limited to software that We have obtained licenses for and have included into Spymer; the written materials or files pertaining to Spymer ("Our Documentation"); the fonts; modified versions, updates, additions, and copies of Spymer present, if any.
Subject to the terms and provisions of this Agreement, We the Licensor hereby grants You our customers the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software (Spymer) on one or more devices which are owned by You and under your control strictly for private, personal and non-commercial use. Software and content sharing with other people is a violation of the terms of this License. In the case where a Licensee purchases a multi-user license from We the Licensor, You may only make the Software available the specified number of users over a network, or to the specified multiple users. Moreover, all rights not expressly granted to You in this agreement are reserved by The Licensor.
This Software and all its related information provided to users may be viewed, reviewed and used by You. Users shall not deploy the Software and its related information for any commercial venture. Also, Licensors must understand that Spymer.com and Spymer shall only be used for the purposes listed below:
Parental control of children.
On a device You legally own and possess express permission from the users being monitored.
Other lawful purposes allowed and accommodated for by the rule of law prevalent your jurisdiction.
The term Child can be defined as: Your own legal offspring or ward that is younger than 18 years old (as defined by US law). This child must be monitored using a compatible phone that You legally own. A child cannot be monitored if there exists one of the following relationships between You both:
Sibling: Brother/ Sister
Step-Sibling: Step-Brother/ Step-Sister.
Step-parent: Step-Father/ Step-Mother
Aunt or Uncle: Cousin/ Niece/ Nephew
Grandparent: Grandfather/ Grandmother
Great Grandparent: Great-Grandfather/ Great-Grandmother
The term employee is defined as: Your employee at a company You own or an employee at a company You work and You manage officially. This employee must be monitored using a compatible phone owned by the company and issued officially to the employee under the company's policies regarding company phones. Additionally, the employee must be notified and must give his or her consent to them being monitored before monitoring can commence legally.
SPYMER IS DESIGNED FOR LEGAL USE.
Contingent on the fact that certain regions’ local laws restrict the use of applications similar to ours, Spymer and Spymer.com make no official declaration that the Software or its related materials are legally allowed or available for use in your country, although it remains accessible globally. Users who choose and decide to access the Software from such restricted locations do so at their own risk or discretion and are liable for their compliance with the prevalent local laws, if existent and to whatever extent these laws remain applicable. All offers and information made by Spymer remain null and void where such local restrictions exist.
All users must commit to checking all local, state and federal laws pertaining to them to ensure their actions comply with all these laws at all times. In certain areas, monitoring other individuals on devices You own via another device You own may be deemed illegal. As a general rule of law, no adult should ever be monitored without their express permission.
Whenever You install Spymer on a gadget which You do not own and/or possess proper monitoring, Spymer is compelled to cooperate with the law enforcement officials to the fullest extent possible to ensure the safety of all parties. Often, this may include the actual handing over of all requested customer data, and all purchase/ product-related information. Also, all monitored users are entitled to report any illegal activity to Spymer team for further investigation.
You agree to desist from using Spymer in any manner that may involve or lead to stalking, abusing, harassing, defaming, threatening or that otherwise violates any other person(s)’s human right. The Licensor, Spymer is in no way responsible for any such usage nor for any threatening, harassing, defamatory, offensive or illegal messages or transmissions that users may encounter during using the Licensed Software. Should the Licensed Software be installed on a device without the permission of its owner or user, the Licensor possesses the right to open un-installation and to block the violator’s account. Additionally, note that all data and sensitive information on Spymer servers are encrypted to ensure the account holder privacy, therefore the Licensor cannot disclose this data to any third parties nor read it from the server side.
Before or after consenting to this EULA, You agree that never to improperly use or disclose any proprietary information or trade secrets which may be in your possession to any other persons, if any. Furthermore, should we divulge third party licensors’ confidential information to you, You will comply with every use and confidentiality guidelines requested by Spymer and the third party licensors. Also, You will hold with the strictest trust all such confidential and proprietary information and will not share or disclose it to any third party or use it to the benefit of any person other than for the Licensor or such third party as the case might be.
Licensee may not and must not agree to or aid or allow others adapt, modify, sublicense, translate, sell, rent, loan, lease or transact with any or all portions of this Software and its accruing Documentation; Also, Licensee may not and not agree to or aid others create any derivative software, project or jobs from all or any portion of the Software or its Documentation; Licensee may not reverse engineer, disassemble, decompile, or otherwise attempt to discover the Licensed Software source code; and Licensee may not and agrees not to or enable others to utilize a previous version of this Licensed Software after receiving a replacement or upgraded version as a replacement to this prior version (in such instances, the Licensee must utterly destroy and discard discretely the prior version); and Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties included in the Licensed Software or Documentation by the Licensor; and Licensee may not and agrees not to or enable others to deploy the Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the software failure could potentially lead to personal injury, environmental damage or even death; and the Licensee may not and agrees not to or enable others to utilize the Software as part of a timesharing, service provider, facility management, or service bureau arrangement; and Licensee may not and agrees not to or enable others to use the Software or generated information in any manner that is illegal or not authorized by this EULA; and Spymer cannot be used to monitor any other individuals (such as a spouse, friend, significant other, parolee, probationer, etc.). Violating any of this would negate and violate the terms agreed upon at the point of purchase and the user’s account would be subject to immediate termination without reimbursement or refund.
As a general rule, Licensee should install only one copy of the Software on a single device. The installation of one Spymer account on two or more devices is prohibited and illegal. The Licensee may purchase multiple licenses should the Licensee seek to install the software on two or more devices. The licensee shall be solely accountable for all costs incurred during the Software's installation and use as this Agreement shall apply to all installations of the Software.
Except in cases where a contrary statement is made in this Agreement, the Licensor is committed to helping protect all users’ privacy at all times. This statement elucidates the anonymous data collection process and the usage practice for the Software Improvement Program.
In order to provide steady software improvements to the software, its features, and the general user's experience, We will automatically collect, process, maintain and use collated information about the manner in which the various software modules and functionalities are being used to improve the system. Other information would also be gathered anonymously for the purpose of statistical analysis with respect to the Software’s usage.
Such information will strictly be used for providing users with improved end-user experiences. The collated Spymer data will never be disclosed, sold, shared, rented or traded with any third parties for marketing or promotional purposes. During the software’s installation, users uninterested in this service are given the choice to opt-out through the advanced options tab.
Spymer never collect any data unethically from your gadget asides those required for the Software's seamless operation as We value your privacy.
Certain technological measures are embedded in the Licensed Software to prevent its unlicensed or illegal use. Also, this Licensed Software contains enforcement technology that limits and controls Licensee's ability to uninstall and reinstall the Licensed Software on a particular device no more than a specific number of times, for a given number of devices and for a stipulated period of time as designated by the purchased License. During installation and during its Documentation, the Software may require activation. Should any of such required activation procedure(s) be omitted, the Licensed Software would only function for a given period of time. Also, in a case where activation is required, but the Licensee fails to complete activation within the specified time frame during Documentation or during installation, the Licensed Software will cease operating until its activation has been successfully completed, by which time its normal functionality will be restored. Should the Licensee encounter any problem during the activation process, Licensee may message the Licensor Customer Center for support.
Licensee may only be given an evaluation copy of this Software free of charge for a finite period of time (the "Evaluation Copy"). On this Evaluation Copy, some features and/or functionalities of the Licensed Software would perpetually remain unavailable or locked. To access the full benefits of all the features and functionality of the entire Licensed Software, Licensee must purchase a valid license activation key. Hereafter, Licensee can activate the Licensed Software (evaluation copy) using the valid license key, and the Evaluation Copy shall stop functioning as an Evaluation Copy and commence functioning as a complete version and all the terms of this EULA commence to apply in their entirety.
Licensee may choose their purchase from the several kinds of Licenses available. If You choose to purchase a time-bound license, users can only use that Licensed Software for the specified period of time. At your own volition, all users may choose to terminate their license by destroying the Software and all its copies. Should You fail to comply and adhere to the provision(s), the term(s) or condition(s) of this Agreement, the License will be automatically terminated or otherwise made redundant. After the termination of your License, You shall destroy and desist from using the Software, together with all its copies.
In no instance shall the Licensee rent, lend, lease, assign, sell, sub-license, transfer or redistribute this Licensed Software, its documentation or the License granted by this EULA without gaining the prior written consent of the Licensor.
The Licensor agrees to periodically provide Licensee with Software updates at their own discretion at no additional charge during the Term of this Agreement. In addition, the Licensor may, at its sole discretion, decide if the software updates it releases to users would remain at a no charge rate or would be a paid update for Licensee. In this context, "Update" refers to a new version of the Licensed Software containing technical adjustments, altered functionality, updated information, or any other changes that are intended by Licensor to add, improve, delete or otherwise modify any aspect of the Licensed Software. Should the Licensed Software be an Update to a prior version, Licensee must possess a valid License to that previous version to gain access to the updated version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a prior condition for receiving such an Update, that the Licensee will terminate every Licensee's rights pertaining to any previous software version. However, Licensee may continue to run the previous software version only to aid the transitioning to the Updated version. Without any prior notice to Licensee, Licensor possess the right to cease service or support for prior versions once an update has been made available. Software Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. In the Updated Software, the Licensor may add or delete new functions, music tracks, videos, pictures, elements.
The Licensed Software, its Documentations and any authorized copies that the Licensee possesses are the intellectual property of and are owned by the Licensor and the third parties whose intellectual property has been licensed to the Licensor. The organization, structure, and code of the Licensed Software are valuable trade secrets and confidential information of the Licensor and all its engaged third parties. The Licensee possesses no right whatsoever to publish, create or make any public statement with respect to the Licensed Software or the Licensor without the Licensor’s prior express written consent. Also, the Licensed Software is backed by law, including without limitation, International Treaty provisions, the copyright laws of the United States and of some other countries. In addition, the Licensee is not granted any intellectual property rights over the Licensed Software except as expressly stated in this EULA.
This EULA does not mandate the Licensor to provide the Licensee with any form of technical support services pertaining to the Licensed Software; however, the Licensee may request adequate support services for an estimated charge or rely on the free e-mail support as the Licensor may periodically deem fit during the term of this EULA. The aforementioned e-mail support includes business priority technical assistance with installation, troubleshooting, upgrade, and maintenance.
Subject to the terms and conditions stipulated in Article 8, the Licensor shall be permitted to nullify this EULA effective immediately upon serving a written notice to the Licensee in the occurrence of the following; Should the Licensee be involved in a material breach of any of its obligations under this agreement which defies all remedies or which is not remedied within fifteen (15) calendar days after receipt of a notice from Licensor. Moreover, should the Licensee deploy the Licensed Software in committing any illegal or criminal acts, the Licensor is entitled to prohibit the Licensee from accessing the Licensed Software immediately without any form of notice. The Licensee will not be able to use the Licensed Software upon termination of this Agreement. Furthermore, the termination of this EULA shall not in any way affect any rights, obligations or liabilities incurred by either party which before the termination or which is projected to continue to have consequences or impacts even after termination.
SPYMER PROVIDES THIS SOFTWARE TO LICENSEE "AS IS". HENCE, WE THE LICENSOR, OUR EMPLOYEES, OUR SUPPLIERS, AGENTS, AFFILIATES, ETC. MAKE NO WARRANTY ON ITS EFFECTIVENESS, USE OR PERFORMANCE. SPYMER MAKES NO WARRANTIES, TERMS OR REPRESENTATIONS (WHETHER IMPLIED OR EXPRESSLY STATED BY COMMON LAW, STATUTE, USAGE, CUSTOM, OR OTHERWISE) ON ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY GIVEN PURPOSE, EXCEPT FOR, AND TO THE LIMIT, THAT A WARRANTY CAN NOT BE EXCLUDED OR LIMITED BY THE PREVALENT LAW IN THE LICENSEE'S JURISDICTION.
YOU OUTRIGHTLY ACKNOWLEDGE AND CONCUR THAT, TO THE LIMIT ALLOWED BY THE APPLICABLE LAW, YOUR USE OF THIS SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY ACCURACY, PERFORMANCE AND QUALITY LIES EXPRESSLY WITH YOU. NO ORAL AND/ OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE OR BE DEEMED A WARRANTY.
“OPEN SOURCE” MATERIALS MAY BE PRESENT IN THE SOFTWARE (E.G., APACHE OR PUBLIC DOMAIN LICENSES, ALL SOFTWARE SUBJECT TO OPEN SOURCE, GNU GENERAL PUBLIC LICENSE, COPYLEFT, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, MIT, MOZILLA LICENSE, OPEN SOURCE INITIATIVE LICENSE, OR SIMILAR LICENSE). THE PROVISIONS FOR RESTRICTION OF LIABILITY AVAILABLE IN THIS EULA SHALL APPLY. NO WARRANTIES CONCERNING THESE OPEN SOURCE MATERIALS EMBEDDED IN THE SOFTWARE ARE PROVIDED BY THE LICENSOR.
ON NO INSTANCE WILL THE LICENSOR, IT’S AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, DAMAGES OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT DAMAGES OR ANY PROFIT, SAVINGS OR LOSS. SHOULD A LICENSOR REPRESENTATIVE OR AN AFFILIATES HAVE ADVISED CONCERNING THE POSSIBILITY OF SUCH LOSS, COSTS, CLAIMS, OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE LIMIT PERMITTED BY THE APPLICABLE LAW IN THE LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, IT’S AFFILIATES, EMPLOYEES, OR AGENTS PERTAINING TO THIS EULA, SHALL BE CONSTRAINED TO THE FEES THE LICENSEE HAS PAID FOR THE SOFTWARE IF ANY EXISTS.
SHOULD THE SOFTWARE BECOME SUBJECT TO A POTENTIAL, THREATENED OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH THE LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE ATTEMPTS TO END THE SOFTWARES USAGE AND DISPOSE OF IT IMMEDIATELY THEY RECEIVE THE LICENSOR’S WRITTEN OR EMAIL NOTICE. A REPLACEMENT OR UPDATED SOFTWARE SHALL BE PROVIDED TO LICENSEES BY THE LICENSORS FREE OF CHARGE AND THE LIABILITIES ARE NON-TRANSFERABLE TO LICENSEES.
UNDER THIS PROVISION, THE LICENSEE'S RESPONSIBILITIES SHALL REMAIN AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. THE LICENSOR WOULD BE INDEMNIFIED AND HARMLESS FROM ANY AND ALL EXPENSES, PENALTIES, LOSSES, LIABILITIES, DAMAGES, COSTS, FINES AND CLAIMS (INCLUDING LEGAL FEES) PERTAINING TO LICENSEE'S ILLEGAL SOFTWARE USE FROM ANY THIRD PARTY.
By using the licensed software, the Licensees represent and warrant that they are not located in any such countries where restrictions exist. Also, for security concerns, the Licensee may not use, export or re-export the licensed software to any territory, country or region sanctioned by the United Nations or the USA.
Without giving rooms to the possible conflict of laws, this agreement will be governed by the laws of Hong Kong. Any disputes caused by any or all provisions of this agreement shall be resolved by HKIAC in line with its effective rules to the limits supported by the local law prevalent in your jurisdiction.
Any party's failure to utilize or appropriate any or all of its rights or responsibilities shall not be considered or deemed to be a waiver or forfeiture of any or all of such rights. This agreement is the entire agreement between You the licensee and We the licensor and it supersedes all other communications or pertaining to this Software and its documentation. If there ever exists a conflict between this EULA and the compulsory provision of any law in the Licensee’s jurisdiction, the latter shall prevail. If for some unforeseen reasons a court of a competent jurisdiction finds any provision or a portion thereof, to be unethical, unenforceable or illegal, the rest of this agreement shall remain in full force and effect.
The Licensor possesses the rights to update this agreement periodically and should You continue using this software, You are deemed to have accepted its new provisions. according to Article 8, You may choose to annul this agreement and to reject the updated agreement. Under such instances, the Licensor will not transfer any liabilities or expenses to you.
YOUR INSTALLATION OF THIS SOFTWARE IS AN AFFIRMATION THAT YOU HAVE READ AND UNDERSTOOD ITS PROVISIONS AND THAT YOU AGREE TO BE CONSTRAINED BY ITS TERMS AND CONDITIONS. ALSO, YOU CONCUR THAT THIS AGREEMENT IS THE TOTAL AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND THAT IT SUPERSEDES ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE AND ALL PROPOSED OR INITIAL AGREEMENTS, ORAL OR WRITTEN.