END USER LICENSE AGREEMENT
Prior to completing any legal payment/deal related to purchase/installation of our custom tracking software (hereinafter - the Software) please read thoroughly this END USER LICENSE AGREEMENT (EULA). Through this end user license agreement we constitute a legally valid contract between us as the service/product supplier company and you as the end recipient/user of services/products. If you purchase/download/install the negotiated software you by default accept the conditions of license and conclude the EULA with us in its full legal force. If you do not consent to conditions of the license you are in no position to download/install/use the software. Equally, if you reject the conditions set in the EULA and do not recognize yourself legally bound by its conditions and terms you are denied the right to download/install/use the software either.
By accepting the conditions under this license contract and by taking legal liabilities imposed by this EULA you consent that you will deploy and use the software for sole purpose of monitoring the device(s) that officially belong(s) to you or to use it exclusively in an account/program/application to which you have legal access if you employ the app in cloud-based mode without installing it directly on the device to be monitored. Besides, you are bound to inform person(s) using the same device about the app installation or to inform person(s) who can access the monitored account/program/application about surveillance imposed on them. If you fail to fulfill this condition you may break some state or federal legal regulation. Hence you will remunerate possible fines/costs carried by the Software Supplier for your incorrect or openly illegal use of this tracking software.
The User hence confirms that he/she will install/use/delete the obtained software according to regulations provided in all local/state/federal laws applicable to use of the discussed software for monitoring of accounts/apps/programs/devices.
The User ensures that the purchased product will be installed or run EXCLUSIVELY on devices officially owned by the User or on devices for which the consent for monitoring was explicitly given by their owners. The Users ensures that the licensed software SHALL NOT be deployed/used on devices that do not constitute the User's property or on devices for which the clear consent for monitoring was not obtained from their owners.
In case of cloud-based monitoring that omits the step of direct software installation the User guarantees that it shall be applied ONLY to accounts, apps or programs to which he/she has full legal access.
The User has clear understanding of and accepts that it is completely proscribed according to this EULA NOT to notify a device owner or program/app user that they are under surveillance aided by this Software, and their usage of apps/programs/devices is being controlled.
It is not obligatory to control a device physically in order to conduct the installation of the software, it can be done remotely.
There are two installation modes for the software:
- Discreet mode when the software presence is not visible and it operates as a hidden service in the background mode; no program icon is created. It is used for monitoring online/communication activities of children and employees.
- Open mode, when the software icon is created. It can be dome through some adjustment done in phone settings.
Please mind that as the software is installed remotely some technical problems may arise, as the password needs to be set for the target device.
Please remember that the Phonty software that is negotiated in this EULA is protected by the license and therefore further it is marked as the Licensed Software. This EULA explicitly establishes that this Licensed Software just as any other product presented on this site is not purchased by you, you only receive the license for its legal use and you can manage the software within the rights openly transferred to you. The Phonty company (hereinafter Software Supplier) remains the sole legal owner of the software mentioned.
A) Scope of the Negotiated License. The Software Supplier as the sole actual owner of the Software confers You a provisionary right to use (install/run/delete) the Licensed Software on 1 (one) mobile device that is Your property or is legally controlled by You; or in case of cloud-based use to employ the Licensed Software for surveillance over a single account/program/app You can legally access. This permission does not bear transferring to any third party just as it is non-exclusive. The provisionary right to the Software CANNOT be taken as a permission to deploy and use the licensed product on an electronic device that is not Your property or that is not under your rightful control or in case of cloud-based use to monitor an account/program/app that You cannot legally access. If You opt to use the licensed product directly on a device then You are not permitted to employ the Software within the network of devices where it can be adjusted for rolling out the surveillance over a number of devices or accounts or where it can be employed to survey a device or an app/program You cannot access or control according to law. You are the Party responsible for identifying the level of lawfulness of monitoring activities You intend to undertake on a device or a program/app; the Software Supplier will accept no liability for any unlawful actions taken by You in regard to monitoring of devices/apps/programs/accounts You cannot access.
B) Phonty is created for use in legal conditions and for legal purposes. This Software under License was specifically designed for parents/employers/other individuals who can legally access and monitor devices/programs/accounts they intend to access. The Software Supplier has no capacity or power to consult You about legal aspects of monitoring You plan to perform. Please mind that in majority of instances the federal/state laws of the USA prohibit any use of monitoring software like the Licensed Software with purpose of controlling/surveying the devices/programs/apps/ accounts that You have no right to monitor. Under legal provisions it is prescribed that You notify in advance person(s) who own or use devices or programs/apps/accounts about the start of surveillance over them. In case You do not adhere to applicable regulations it may mean the breach of law and cost You monetary or administrative penalty. So prior to purchase/use of the Licensed Software please take advise of your legal counselor regarding Your purpose of using the software. Please mind that You are the Party responsible for identifying the potential legal issues of monitoring activities You intend to undertake on a device or an account/app; the Software Supplier will take no liability for any unlawful actions performed by You in regard to monitoring of devices/apps/programs/accounts You cannot access.
C) Breach of legal use of Phonty. By accepting the UELA You confirm that You shall not employ the Licensed Software with purpose of causing any harm to other parties, whether individuals or entities, and that You will avoid stalking, harassing, offending, intimidating or infringing other rights of other individuals. Please take our warning that we as the Software Supplier cannot protect you from receiving intimidating, harassing, threatening or other illegal communications that You may encounter in the process of the Software use and so we do not take any liability in this case. If it happens so that You breached the provisions set in this EULA and deployed the software on a gadget or in an account You had no right to monitor, we reserve our right to de-install the Software automatically without Your permission and to block your account on our official site. On our part we guarantee that data transmission through our servers is conducted in securely encrypted mode and cannot be retrieved by anyone except the account owner. Hence the Software Supplier cannot monitor the content stored in the User's account and shall not share any data with third parties save for cases directly prescribed by law.
D) License. By accepting this EULA the User consents that the sole and lawful holder of rights, interests and title under discussion is and remains the Software Supplier. Under provisions of the EULA You become a Licensee and can download, install and run the product solely for your private affairs. By no means You acquire any proprietary rights to it. The legal rights to the Licensed Software are under protection of national and international legislation and norms dealing with copyright matters and intellectual property rights. The powers transferred to You within this License are the rights to download, use, install/uninstall the product and they do not cover any ownership rights. Thus You are in NO position to further subcontract the Software, i.e. sell, distribute, rent, lease, grant or sublicense it to any third party. Similarly, You are in no position to introduce modifications into the Software or develop an analogical app on its basis. Hence You are prohibited to reveal the source code, decompile, disassemble, undertake reverse engineering, copy or in other way derive products from the Licensed Software granted for Your personal exploitation or any segment or version of it. If You breach this prohibitive provision you will violate the law and hence become subject to litigation and financial penalties. The Software Supplier can deliver some modifications, add-ons, upgrades or other additional elements (Modifications) to the Software and these Modifications will be also protected by this License until its expiry date. If the Modifications are supplied with an explicitly presented new License, this new License shall prevail.
CHANGES TO THE LICENSE:
Please be informed that we fully retain the right to adjust the License any moment if the need arises; the modifications will gain full legal force from the moment of their appearance on the company web page. This modification may include introduction of changes/limitations into the functional design of the software, and it cannot be treated as the breach of liabilities on our part. If You go on using the Software after introduction of changes it will be treated as your implicit consent to our policies.
F) Agreement Expiry date and EULA Termination. The validity period of this license equals to the expiry term of the subscription package chosen by You. You are authorised to use the licensed product and accompanying services only within this mentioned period. You license will be withdrawn and all rights for software usage revoked without any prior notice when your subscription plan expires or in case when You breach any of terms listed in clauses of this EULA. If your license is withdrawn You are obliged to stop employing the Software in all possible modes and to un-install the Software from the target device completely.
G) Third Party Content And Services. The Software supplied by our company works in a way that may enable Your automatic access to content, services and whole websites created by third parties (hereinafter Services) that may contain improper or offensive materials. While handling our Software please remember that You may face the content of indecent, offensive, explicit or objectionable nature, or You may encounter explicit language or images; or as a result of monitoring the target device and exploring the URLs and links in the browsing history on the gadget You may unintentionally click the link or follow the reference leading to locations where such content is stored. Hence You consent to accept the mentioned risk related to the Software and consent not to hold the Software Supplier liable for any case of facing the mentioned unwanted content.
Using certain features of the Software may expose You to a range of materials, services, apps, programs or websites belonging to third parties (Third Party Content/Services). By accepting the EULA and installing/running the Software You relieve the Software Supplier from any responsibility of control or evaluation of any kinds of Third Party Content/Services You may encounter. Namely, the Software Supplier is not bound to check quality, accuracy, validity, copyright matters, decency, ethicality, comprehensiveness or other aspects of materials You may access. Besides, the Software Supplier cannot and shall not take any personal/corporate responsibility or obligations to You or other customers related to the Third Party Content/Services, materials or other products delivered by third party vendors. Any of these third party products/services/materials are made accessible to You only to facilitate Your experience with our product and within the scope of automated operations of the Software, no malicious intent or premeditation being involved.
In addition to that, if it happens so that the Third Party Content/Services contain any copyright or protected information, materials or products that are covered by intellectual property regulations (but not limited to them), You consent not to employ these materials/content with any other goal except for the one stated in this License.
H) LIMITED WARRANTY. We are concerned about our customers' experience and provide warranty covering the performance of our Software for a certain time span. The warranty is limited by the term of expiry and issues covered by it. The warranty cannot be transferred and lasts for ninety (90) days after the day of license purchase. It covers the originally purchased Software; if during this 90-days warranty You have received any updates, replacements or amending components of the Software they have their own warranty period of 30 days or will be included into the overall warranty, whichever term will be longer. IN THE LEGALLY ESTABLISHED FRAMEWORK THIS IMPLICIT WARRANTY COVERS THE SOFTWARE ONLY THROUGH THE TERM OF GENERAL LIMITED WARRANTY.
EXCLUSIONS FROM WARRANTY: The described above limited warranty is not applicable in cases of Your improper use of the Software or lack of actions, actions taken by others or situations beyond reasonable influence and control of this warranty provider.
REMEDY OFFERED TO CUSTOMERS UNDER THIS LIMITED WARRANTY. PLEASE REMEMBER THAT THE ONLY POSSIBLE REMEDY AVAILABLE IN CASES COVERED BY THE LIMITED WARRANTY SHALL BE REPLACEMENT OF THE FAULTY SOFTWARE. IF IT HAPPENS SO THAT THE SOFTWARE SUPPLIER CANNOT REPLACE THE FAILED PRODUCT, YOU WILL BE REPAID THE SUM OF YOUR SUBSCRIPTION PLAN LESS THE COST OF SUBSCRIPTION PERIOD DURING WHICH YOU ACTUALLY USED THE SOFTWARE. UPDATES, ADD-ONS, SUPPLEMENTS WILL ALSO BE REPLACED FREE OF CHARGE. IF THESE UPDATES, ADD-ONS, SUPPLEMENTS DOES NOT BEAR REPLACEMENT OR REPAIR, YOU WILL BE REPAID THE SUM YOU WERE CHARGED FOR THEM, IF ANY. TO BE ELIGIBLE TO REFUND YOU HAVE TO COMPLETELY UNINSTALL THE PRODUCT AND ASSOCIATED FILES AND SEND BACK TO THE SOFTWARE SUPPLIER ANY MEDIA OR PRODUCTS THAT WERE PROVIDED ON THE LICENSE BASIS. THE MENTIONED ABOVE SOLUTION IS THE ONLY WAY OF REMEDY PROVIDED UNDER THIS EULA.
NO WARRANTIES EXCEPT ABOVEMENTIONED. THE SOFTWARE SUPPLIER PROVIDES ONLY THIS LIMITED WARRANTY AND IS NOT BOUND TO GIVE OTHER EXPRESS GUARANTEES, WARRANTIES OR CLAUSES.
To be eligible to remedy under this provision on warranty please contact us via email [email protected] In the letter describe the issue and provide the license purchasing evidence.
I) The present EULA is expressly withdrawn from the scope of United Nations Convention on Contracts for the International Sale of Goods and cannot be disputed on its basis. When any of its clauses or its part is declared unenforceable by the court of applicable jurisdiction, the remaining content of the EULA shall continue valid and effective.
J) Conditions and clauses of this EULA may be adjusted or altered at discretion of the Software Supplier, and after introduction of changes the updated text will be provided on this page.
The effective version of license: the 1st of March, 2016.