TERMS & CONDITIONS
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (LICENSE) PRIOR TO PURCHASING OR USING THE MSYNCH SOFTWARE (SOFTWARE). BY PURCHASING OR USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE. THIS END USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (THE USER) AND APPLICATION PROVIDER FOR USE OF THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO INSTALL THIS SOFTWARE ONLY ON A DEVICE OR DEVICES OWNED BY YOU AND, FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE, TO USE IT ONLY IN CONNNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM YOU HAVE THE LEGAL RIGHT TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON(S) WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED AND ANY OTHER PERSON WITH THE RIGHT TO ACCESS A MONITORED ACCOUNT OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY APPLICATION PROVIDER RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
User agrees that the installation and use of the Software will be in accordance with all local, state, and federal laws governing the monitoring of device, account, application, or program activity and usage.
User agrees to install this software ONLY on a device that is owned by the User or on a device for which User has been given explicit permission by the device owner for such installation. User agrees NOT install this Software on any device that is not owned by User or on any device for which User has not been given explicit permission for such installation.
For cloud-based or other monitoring that does not require installation on a device, User agrees to use this software ONLY in connection with an account, application, or program User has the legal right to access.
User acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that User is monitoring the device, account, application, or program with the Software and that their usage is subject to monitoring and recording.
The MSYNCH application software that is subject to this license is referred to in this license as the Licensed Software. The Licensed Software and any other products offered on this website are licensed, not sold, to You. MSYNCH (msynch.com) (further referred to in this license as Application Provider) reserves all rights not expressly granted to You.
1. Scope of License:
Application Provider grants You a non-exclusive, non-transferable End-User license right to install the Licensed Software on one mobile device that You own or control or to use the software for cloud-based monitoring of a specified account, application, or program. Nothing in this license should be interpreted as permitting installation of the Licensed Software on any device You do not own or control or which You do not have the legal right to monitor or to monitor any account, application, or program You do not have the legal right to monitor. For device-based monitoring, You may not distribute or make the Licensed Software available over a network where it could be used by multiple devices at the same time or on any device You do not own or control or which You do not have the legal right to monitor. It is Your responsibility to determine whether You have the legal right to monitor the device, account, application, or program; Application Provider cannot be held responsible if a User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
2. MSYNCH is Designed for Legal Use.
The Licensed Software is designed for use by those who have the legal right to monitor the device, account, application, or program on which it is installed or which it is used to monitor. Application Provider cannot provide legal advice to you regarding your use of the Licensed Software. Be aware that it is considered a violation of United States federal and/or state law in most instances to install or use surveillance software, such as the Licensed Software, in connection a mobile phone or other device, account, application, or program you do not have the right to monitor. The law generally requires you to notify users or owners of the device, account, application, or program that the device, account, application, or program is being monitored. Failure to do so may result in violation of applicable law, which could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, or using the Licensed Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Licensed Software is installed. Application Provider cannot be held responsible if a User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
3. Improper Use of the Software.
You agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Software.
It is understood and agreed that Application Provider is the owner of all right, title, and interest to the Licensed Software. You, as licensee, through your downloading, installing, or use of this product do not acquire any ownership rights to the Licensed Software. The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted in this license are limited to the right to download, install, and use the Licensed Software and do not include any other intellectual property rights. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software, any updates, or any part. Any attempt to do so is a violation of the rights of Application Provider. If You breach this restriction, You may be subject to prosecution and damages. Application Provider may provide upgrades, modifications, updates, or additions (Modifications) to the Licensed Software during the term of your license. The terms of this EULA will govern any Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will govern.
CHANGES. We reserve the right to change this License at any time; the changes will be effective when posted on our website. We may also change, discontinue, or impose limits on certain features of the Licensed Software without liability. Your continued use of the Licensed Software indicates your agreement to the changes.
5. Consent to Use of Data:
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Software. You agree that Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. Application Provider will use data that does personally identify you only in the normal course of business with you directly and will not disclose such data to other parties except as required by courts or agencies of law enforcement.
6. Term and Termination:
The term of this license runs concurrently with the term of your subscription plan, which is the period during which You are authorized to use the Licensed Software. Your rights under this license will terminate automatically without notice from Application Provider if You fail to comply with any term(s) of this license or your subscription period expires. Upon termination of the license, You shall cease all use of the Licensed Software and uninstall it from any devices on which it was installed.
7. Services; Third Party Materials:
The Licensed Software enables access to third party services and websites (collectively and individually,Services). You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL by you or by any person in control of the monitored device, account, application, or program may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (Third Party Materials) or provide links to certain third party websites. By using the Services, You acknowledge and agree that Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You.
Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright; You will not use such proprietary content, information, or materials except for permitted use of the Services.
8. LIMITED WARRANTY.
This limited non-transferable warranty covers the software for 90 days after the original license is purchased. If You receive supplements, updates, or replacement software during that time, they will be covered for the remainder of the warranty or 30 days, whichever is longer. TO THE EXTENT PERMITTED BY LAW, THIS IMPLIED WARRANTY LASTS ONLY DURING THE TERM OF THE LIMITED WARRANTY.
EXCLUSIONS FROM WARRANTY. This Limited Warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Application Provider's reasonable control.
REMEDY FOR BREACH OF LIMITED WARRANTY. THE SOLE REMEDY FOR BREACH OF THIS LIMITED WARRANTY IS REPLACEMENT OF THE SOFTWARE. IF APPLICATION PROVIDER CANNOT REPLACE IT, APPLICATION PROVIDER WILL REFUND THE AMOUNT PAID FOR THE SUBSCRIPTION PERIOD LESS THE AMOUNT OF THE SUBSCRIPTION THAT HAS ALREADY EXPIRED. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES, AND REPLACEMENT SOFTWARE AT NO CHARGE. IF APPLICATION PROVIDER CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO APPLICATION PROVIDER TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY WARRANTY FROM APPLICATION PROVIDER. APPLICATION PROVIDER GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
To exercise your Limited Warranty, please send an email with description of the problem and proof of license purchase to email@example.com
9. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
10. The terms of this license are subject to change at any time, and in the event of any changes, the updated version of the license will appear on this page.
Current license version: March 1, 2018