1. Commencement OF Agreement
- This Agreement shall deem to have come in to force at once, upon your using any of the services provided by SpyHuman.
- The terms and conditions contained in this Agreement are NON-NEGOTIABLE and are subject to acceptance “AS IT IS”. If you do not agree to this Terms and Conditions, you shall quit using SpyHuman at ONCE, however your use of SpyHuman, whether single use, multiple use or continuing use, shall deem to be considered as your express agreement to the terms and conditions of this Agreement
- Your use of the Services provided by SpyHuman, whether single use, multiple use or continuing use, shall deem to be considered as consideration, sufficiency of which is hereby acknowledged by you, to expressly agree to the terms and conditions contained in this Agreement.
- Services provided herein are available only to those individuals/organizations that are competent to entire and form a legally binding and enforceable contract under applicable law.
- “Account” means the Account registered by the USER on SpyHuman ;
- “Device” means any Computer System, Smart Phones, Tablets, or any other Electronic devise which supports and is compatible for the use of SpyHuman ;
- “Monitor” means to monitor, track and collect the monitored information of the Target ;
- “Monitored Information” means any information, data, graphics, locations, calls, messages, emails, texts, etc. received from the devise by use of SpyHuman ;
- “SpyHuman” shall mean www.spyhuman.com and shall include SpyHuman’s any other Website, Sub-Domains, Web Links, Web Applications, Android & IOS Applications, Windows Applications, Clouds, Programs, Computer Software and any other services provided by SpyHuman ;
- “SERVICES” means any services provided by SpyHuman from time to time ;
- “THIRD PARTY” means any person other than the “USER” or “TARGET”
- “TARGET” means a person who is monitored through SpyHuman Services;
- “USE” means to install and assess SpyHuman and monitor the TARGET ;
3. Objective of SpyHuman
- SpyHuman is an Mobile application which is build with the following objectives : -
- 1. Enabling Parents to monitor their minor child’s online and offline activities ;
- 2. Provide parental control to their minor’s handset devises ;
- 3. Monitoring Employees activities by the Employer during specified Employees working hour.
4. HOW SpyHuman functions
- USER shall register an Account with SpyHuman
- USER shall install SpyHuman Application on the TARGETS Devise
- Connect the Targets Devise with User by input USERS LOGIN credentials on TARGETS DEVISE
- SpyHuman will collect MONITOR INFORMATION from TARGETS DEVISE
- MONITORED INFORMATION will be send by SpyHuman Application from Targets devise to USERS Account by data connectivity.
- User can review and save all the MONITORED INFORMATION.
5. SpyHuman services & monitored INFORMATION
SpyHuman provides following services to its users and monitors the following information of the Target:- Call Log History,
Social Media Activity Tracker,
SIM Change Alert,
Any other services as may be added or deleted from time to time.
- The aforesaid services are provided on “AS IS” and on “Availability” basis, without any warranty, guarantee or representation by SpyHuman, that any of the services would be available for all the time, and that any such services when available would be accurate, error free, without any interruptions or would generate the desired results.
- SpyHuman may at any time suspend any of the aforesaid services or make addition to any of the aforesaid services at any point of time, without any notice or intimation to the USER.
6. Registration of USER
- Any user desirous to avail and/or use the services of SpyHuman shall be required to register with SpyHuman on website by submitting the registering form online available on the SpyHuman website.
- SpyHuman reserves the right to accept or reject the registration of user in its sole discretion with or without assigning any reason whatsoever.
- User acknowledges that it does not have any right to get registered on the website and that SpyHuman shall have final authority whether to accept or reject the user registration.
- User shall enter only true, correct and accurate details for registration. If at any time it is so found that the information so entered at the time of registration is false, misleading and incorrect, SpyHuman shall have right to forthwith cancel / terminate user registration and discontinue any services made available to such user.
- User must provide all mandatory details as required for registration of user.
- User shall fill up the registration form by himself, and shall not make use any robotics system, or any automated system for filing the registration form.
- User shall not enter any details in the registration form which he consider confidential and do not intend to disclose. SpyHuman do not guarantee or warrantee that the information entered by the User will remain confidential and will not be viewed by third party users.
- User shall not create any spam or fake registration and / or shall not create multiple user account and/or shall not scrap the website database.
- User shall be required to create a username and password for log-in in the website. User hereby agrees not to share or disclose its username and password to any third party whatsoever.
- The username created by user shall not be abusive, racist, offensive or against statutory provisions relating to use of name.
- User shall forthwith bring to the notice of SpyHuman any unauthorized access of his user account or breach of any security knows to him.
- Any licenses, permits, consents, approvals etc. which may be required for using the services of SpyHuman on TARGET shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions posted on SpyHuman website from time to time to enable the use of the Service.
- The User agrees at all times to comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
- The User shall be responsible for the set-up or configuration of his system for accessing any Service
7. Conditions of SpyHuman use
- SpyHuman is not a SPY software and is not to be used as such by the USER. Purpose of services provided by SpyHuman is strictly to achieve the aforesaid objectives of (1) Parental Control over Minors; and (2) Employees Monitoring during the Employment Hours and it is to be used only for such designated purpose and none other.
- SpyHuman shall not be used to breach the privacy or spy on any Individuals. Any such illegal usage of the Services of SpyHuman shall be construed as breach of this Agreement and upon knowledge of such Breach; SpyHuman shall forthwith terminate the services and block the account of the USER, without any notice to the USER.
- To use SpyHuman, the user is required to register its Account with SpyHuman and install SpyHuman Application on the Devises of the TARGET which is intended to be monitored as per this Agreement.
- Before installing SpyHuman on the TARGETED devise, USER acknowledges and understands that : -
USER acknowledges and agrees that the SpyHuman is meant only for legitimate use and its illegal use may result in to serious violation of the LAW and consequently may result in to serous civil and criminal consequences.
USER acknowledges consents and agrees that USER shall use SpyHuman only in accordance with the law of Country to which USER is subject to. Law shall mean and include any legislation, act of parliament, ordinances, rules, bylaws, regulations, control order any other instrument having the force of law.
In some countries, law may specifically restrict use of any monitoring applications without any exceptions, and in such countries, it may be illegal for the user to use SpyHuman, even with the consent of the TARGET. Since SpyHuman is available worldwide through World Wide Web, User may be able to avail and use SpyHuman in the country of his location, however, before using SpyHuman, user shall obtain independent opinion from his local attorney, regarding the legitimacy of the intended use of SpyHuman in the country of his location and only after obtaining such legal opinion the USER may use SpyHuman.
USER acknowledges, consents and agrees that any legal consequences arising out of the use of SpyHuman by the USER, not limiting damages, compensations, penalty, imprisonment, costs, etc. shall be sole liability and responsibility of the USER and SpyHuman shall not in any manner be held responsible for any such consequences or liability incurred by the USER.
- User shall install SpyHuman Application only in their own Child’s devises or the Child’s of whom User is a legal guardian or custodian under the law. User shall not install SpyHuman Application on other’s Child’s devises.
- User shall install SpyHuman Application only on the Devises belonging to the User.
- In the event User provides, licenses, sell, rents etc. his Devise to any third party for use, in which SpyHuman is installed, then before delivering the Devise to such Third Party for use, the USER shall notify such Third Party regarding the presence of the SpyHuman on the Devise, so as to enable the Third Party to decide whether to accept and use such Devise or not. Acceptance of devises by the third party with the knowledge of SpyHuman on such devises shall be deemed presumed under the law as Express Consent of such Third Party to be monitored by the USER and the THIRD PARTIES express consent to the Terms and Conditions of this Agreement.
- User shall not install SpyHuman on any Third Parties Devise, without the consent of such Third Party. User acknowledges and understands that installing SpyHuman application on third parties devises without third parties knowledge and express consent is illegal and in breach of the terms of this agreement.
- Before monitoring an Employee, the USER shall take an express written consent from the Target Employee regarding his ready and willingness to be monitored by SpyHuman. At the time of obtaining written consent of the TARGET Employee, USER shall disclose to the Target Employee the list of all such information which shall be monitored by the user through SpyHuman.
- USER shall use SpyHuman himself to monitor the target and shall not sub-license or appoint any agent, employee etc. to monitor the target.
- User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
- SpyHuman is the sole owner and title holder of all SpyHuman services, including SpyHuman Applications, Programming Codes, Designs, Logos, Websites, Web Applications, Databases, Logics and any other tangible or intangible intellectual property right associated, comprised and consisted therein, including any modification, improvements, enhancements etc. made therein.
- SpyHuman services may be available for FREE or for a subscription. In any such event, the user is only granted permissive right merely as LICENSEE to use the SpyHuman, subject to the terms and conditions and restrictions herein contained in this Agreement.
- It is clarified that USE of SERVICES of SpyHuman by the USER is merely on license basis and it is not the transfer of property of any of the SpyHuman services, proprietary or intellectual property rights.
- User shall not have any proprietary right, title or interest in any of the SpyHuman services or Properties.
- License granted by SpyHuman to the user herein shall mean that SpyHuman hereby grants the USER with a limited, non-exclusive, non-transferable, revocable license to:-
License granted herein DO NOT INCLUDE : -
- Install SpyHuman in one or more devices, as per USER license subscription policy, which are owned by the USER, or are under USER legal control,
- To view, review and use the services of SpyHuman
- To use the SpyHuman for monitoring of a specified TARGET Devises,
- The license herein granted, only permits the USER to install SpyHuman on the devices that are owned and legally possessed by the User, or the devises on which USER have been granted express right by the third party to install SpyHuman.
- This License do not permit the User to use SpyHuman on any device which is not owned or control, or for which user do not have the legal right to use SpyHuman.
- License granted herein is revocable at any time at the sole discretion of SpyHuman, without any prior notice or intimation to the USER.
Additional Terms and Conditions; EULAs
- No License is granted to the USER in any of the intellectual property of SpyHuman.
- Sell, lease, rent, license, sublicense, redistribute, assign, export, import, upoad SpyHuman to any THIRD PARTY, whether on commercial basis or otherwise ;
- Decompile, Disassemble, or reverse engineer any of the applications, software, code etc of SpyHuman, in whole or in part;
- Develop any derivative SpyHuman, or make attempt to derive the source code of, modify, or create derivative works of the SpyHuman ;
- USER shall not make unauthorized reproduction, distributions, copy adapt, edit, change, transform, hack or illegally access to any of the contents, codes, materials or Applications of SpyHuman whether in part or in full.
- When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the “G2A Pay services provider”) to make a purchase on our website, responsibility for your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment-related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.
- We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.
- You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory bodies.
- For customer service inquiries or disputes, You may contact us by email at [email protected].
- Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected].
- Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.
9. NO Illegal use
- USER shall not make use of SpyHuman other than for the legitimate purpose for which the license is hereby granted to the USER.
- USER hereby acknowledges and agrees not to use SpyHuman in any manner so as to spy, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third parties,
- USER shall not use any MONITORED INFORMATION FOR harassing, threatening, defaming or offending the TARGET or any third party.
- User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
- All services provided by SpyHuman are on “AS IS” and on “AVAILABLE” basis and SpyHuman do not guarantee or warranty that any services provided by SpyHuman would be available at all the time, and that such services when available would be accurate, error free, bug free, precise, uninterrupted or would be as per USERS expectation. User agrees to use SpyHuman at its own discretion, risk and consequences.
- SpyHuman do not guarantee or warrant that the any of the SpyHuman services will be compatible with USERS Devises. Before using SpyHuman, user shall verify the compatibility of TARGET DEVISE with SpyHuman.
- SpyHuman uses internet / DATA CONNECTIVITY to synchronize MONITORED INFORMATION between the Target devise and USER Account. Hence the performance of services by SpyHuman is dependent on the availability of strong internet connection, in absence of which USER may not be able to assess timely MONITORED INFORMATION. SpyHuman do not assume any liability in the event USER is not able to monitor the target due to lack of internet connectivity.
- SpyHuman uses devise memory and devise disk space to save the monitored information, which is not immune from getting corrupted, data loss, tempering or attack from virus, spam or any other damage. SpyHuman shall not be liable in the event any of the MONITORED INFORMATION gets corrupt, destroyed, tempered or lost from the TARGET DEVISE and is not available to the USER for monitoring.
- Quality of Monitored Information is subject to the precision and quality of TARGET DEVISE. In the event target devise is not compatible or does not render optimum clear output like camera, microphone, GPS etc., then in such event quality of MONITORED INFORMATION may not be good and in many events it may not even be usable or collected at all, for which SpyHuman assumes no responsibility or liability whatsoever.
- SpyHuman may at its sole discretion and without assigning any reason whatsoever at any time suspend SpyHuman Services without any notice with a view to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. During this Suspension period USER may not be able to monitor the target, in which event SpyHuman is not liable for any loss that may be sustained by the USER on account of unavailable of SpyHumanS services.
- SpyHuman complies with all industrial standards pertaining to safety and security of the ELECTRONIC DATA, however, user and target understand and acknowledges that any security and safety measures are not absolutely and can be penetrated by diverse methods, and in which event, loss of data and MONITORED INFORMATION may suffer, in which SpyHuman shall not be liable to the user or the target, for loss or leak of any Information on account of hacking, data theft online security beach or for any other reasons, which is not in the control of SpyHuman.
11. Wrongful Use Policy
- SpyHuman SPECIFICALLY RESTRICT ANY UNAUTHORIZED AND ILLEGAL USAGE OF SpyHuman SERVICES ON THE TARGETS AND THIRD PARTIES AND In the event the TARGET or Any Third Party believes that his devise has been wrongly installed with SpyHuman, then any such Target or Third Party shall forthwith notify SpyHuman about such wrongful installation of SpyHuman on their devises.
- Upon receipt of such wrongful use information, SpyHuman shall assist the TARGET OR THIRD PARTY to uninstall the SpyHuman Application from its devises.
- SpyHuman shall further notify the USER with whom the devise is connected regarding such wrongful use report and shall seek clarification from the USER. In the event there is no satisfactory clarification received from the USER, THEN SpyHuman shall block the USER ACCOUNT and permanently suspend SpyHumanS Services to such user and delete all MONITORED INFORMATION qua such USER from its SERVER.
12. LIMITATION OF LIABILITY
- Subject to the maximum extend permissible under the law, SpyHuman shall not be liable to the USER or the TARGET or any THIRD PARTY in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from use of SpyHuman; or for any loss of profit, revenue, data, information, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of USERS use or inability to use SpyHuman ; or any defect in the SpyHuman SERVICES OR MONITORED INFORMATION ; or the breach of this Agreement, whether in an action in contract or tort or based on a warranty.
14. Subscription Fees
- SpyHuman may provide subscription based services to the USER.
- User willing to avail such services shall be required to pay subscription fees as prescribed in such respective subscription Package.
- User of such service shall be bound by the terms and conditions prescribed for each individual Services, in addition to the terms and conditions stated herein, to the extend not inconsistent with such Subscription terms and conditions.
- Validity of the subscription and services made available to user under such Services subscriptions shall be as per the terms and conditions stated in respective Services terms and conditions.
- Pending validity of any Service subscription, should user terminate his account, in that event the unused subscription fees / services shall deem to have been appropriated and user shall not have any right of refund or adjustment of unused subscription fees/services, nor such subscription fees/services shall revive or be reused by the user upon creation of a new account subsequently. User hereby authorizes SpyHuman to appropriate such unused subscription fees.
- Any unused services or subscription fees upon the expiry of subscription period of the Services shall deem to have lapsed and user shall not have any right to carry forward any such unused services/fees.
- User hereby agrees that the subscription fees payable by user to avail services of a specified Services for a specific duration, and it is upon user to avail or not to avail such services. SpyHuman assumes no responsibility or liability on account of any failure on the part of user in not being able to avail, whether in part or full, the services available under the specified subscribed Services.
- User shall be liable to pay any applicable government taxes, cess, fees, bank transfer charges etc for subscribing to SpyHumanS paid services.
- SpyHuman reserves the right to at anytime discontinue/terminate the services available under any subscribed Services and user shall not have any right to avail or continue to avail any such services available under such Services whatsoever. Any balance services/subscription fees available on the discontinued/terminated Services shall be adjusted by SpyHuman against any one of the available Services, as per the choice of user, subject to terms and conditions of such Services.
15. General Terms and Conditions of Use
- User shall not allow any Third Party to assess or use USER’S ACCOUNT
- The User shall not resell or assign rights or obligations to any third party whatsoever.
- The User shall comply with all applicable laws in specific law relation to Information Technology Act, 2000 and as amended in 2008 and all and any regulations framed there under.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall not violate, or attempt to violate the security of Website and/or any links to website or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
16. Termination of Services
SpyHuman may terminate user account forthwith and suspend access of any services to the user without any reason whatsoever, in the event of : -
- Maturity of the subscription period
- Where SpyHuman receives any order from statutory authority or court of law to terminate services to User
- Where it is so desired in the public interest to terminate services of user
17. Discontinuance of Service
- SpyHuman reserves the unilateral right to add to /and/or change and/or delete and/or end or prematurely withdraw its Service or any part thereof at anytime with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes.
- There shall be no liability on behalf of the SpyHuman to the User, TERGET or any third party in case SpyHuman exercises its unilateral right to modify or discontinue the Service.
All notices and communication to SpyHuman shall be made in English Language and must be addressed to SpyHuman at its contract address as provided on SpyHuman WEBSITE. User must mention his complete and correct Legal, Postal Address and Contact Details in order to enable SpyHuman to process the communication. Any communication not in accordance as aforesaid will not be considered and shall be treated as SPAM.
20. Cumulative Right
22. Governing LAW
- The validity, construction and performance of this Agreement shall be governed by Laws of [India]
- Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts at Judicature AT UNION OF INDIA to which the parties to this Agreement hereby exclusively and unequivocally submit.
23. Entire Agreement
This Agreement shall constitute the complete and exclusive agreement between User, Target and SpyHuman with respect to the use of SpyHuman SERVICES, superseding any prior agreements, documents and or communications regarding the same.
All TARGETS AND THIRD PARTY who have consented to be monitored by SpyHuman or those TARGETS OR THIRD PARTIES WHO have not granted such consent, but after having gather knowledge of use of SpyHuman on their devises have failed to report such misuse within (24) hours from such knowledge to SpyHuman, shall be deem construed to have consented to the use of SpyHuman and SHALL be bound by the TERMS OF THIS AGREEMENT.