TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING. Our updated Terms of Use are effective as of May 25, 2020.

The contents on this website are provided by FlexAdventures LLC, address: 2035 Sunset Lake Road, Suite B-2, Newmark, Delaware, United States ( referred to as “We,” “Us,” “Our”, “Spyxan”).

By using the spyxan.com website and Spyxan service, you agree to be bound by the following Terms of Use.

Welcome to the spyxan.com website (hereinafter - the “Site”).

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site and the spyxan.com website software (hereinafter - the “Software”) made available through or in connection with the Site (hereinafter - the “Service”). These ToU set forth the terms and conditions under which Spyxan provides you access to the Site and the Service.

YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT SPYXAN MAKES FROM TIME TO TIME.

1.  Principal Points

  1. The Site and the Spyxan Software shall be used only in such cases:
    (i) with the aim of parental control;
    (ii) by employers to control the devices in their ownership that are operated by their employees;
    (iii) by the user on their own device;
    (iv) by the user with a consent of the device owner.
  2. To purchase and use the Software, you are required to create an account on the Site by providing personal information such as your email address, Billing Information, and the Payment Method.
  3. After the account registration, Spyxan will only receive your ID and email details;
  4. By providing your payment information while purchasing the Software you are aware that Spyxan does not collect this information, it is the Payment Provider that receives payment details;
  5. You are aware that Spyxan is not responsible for any third-party data leak in databases and/or DSN servers.
  6. You will not use the Site or Service in violation of any laws you are a subject to. Notwithstanding the foregoing, Spyxan is not responsible for the further use of the Software.
  7. You consent to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy before placing the order at spyxan.com.
  8. You understand that you require physical access to the device to install the Software.
  9. You agree that Spyxan is not responsible or liable in any way for the installation of the Software on a target device.
  10. You will properly follow all instructions and documentation provided by Spyxan to you at spyxan.com.
  11. You will not allow any other third party to access your account or to utilize the Software. In case the access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that Spyxan does not bear the responsibility, therefore.
  12. You will only install the Software on the devices which you own or any other device only with the consent of its owner.
  13. We reserve the right to modify, terminate, or refuse the Spyxan Service to anyone for any reason and without notice at any time.
  14. We reserve the right to alter these ToU at any time.

2.  Subscription

  1. To subscribe to the Service, you should place the order.
  2. The Service provides the defined Products to be ordered by the user. The Products’ packages depend on your device, the number of features, which you may choose, and a subscription plan.
  3. You are allowed to have several subscriptions under the same account.
  4. While placing the order, you should complete the Billing Information and the Payment Method by providing your personal information.
  5. Following the purchase of the Software, your credentials (login and password) will be sent to your email so you could access your Account/Control Panel.
  6. We strongly advise you to download your private encryption key from the Control Panel or send it to the email indicated in your subscription. Save it or memorize it in case you need to reset your password or restore access to your account and subscription(s).
  7. You may choose the subscription plans of the following duration - 1 month, 3 months, or 12 months.
  8. You are aware that you may use the Software for more than one target device when purchasing the subscription plan, but you have to reinstall it from the current device to the new one.
  9. Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription plan.
  10. In case you are not disabling the auto-renewal for your order, you will be charged for the next subscription plan period. To unsubscribe, you need to contact the support team.
  11. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.
  12. You are solely responsible for the activity that occurs from your account and must keep your account password secure.
  13. You may not share or transfer any account. You may not disclose your password to anyone else.
  14. You must notify Spyxan immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.
  15. Spyxan will not be liable for any losses caused by any unauthorized use of your account.
  16. You may interact with the Service through your Account/Control Panel by changing settings that are made available to you.
  17. You are responsible for all activities that occur under your Account.
  18. You agree not to create or access an account using a false identity or information, or on behalf of someone other than yourself.
  19. You agree not to create an account or use the Service if your Account has previously been removed by Spyxan, or if you have previously been banned from the Service.
  20. You have the right to deactivate any account of yours at any time. You may deactivate any account registered to your name by following the instructions on the Site.
  21. If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the Control Panel on the Site. Accounts terminated by Spyxan for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of the Service, the monitoring of all devices on which the Software is installed shall cease. Any information you have submitted on the Site or that which is related to your account may no longer be accessed by you.
  22. In case you forgot your password to the Account, you may restore the access with your private encryption key.

3.  Billing Procedure

  1. All accounts are set up on a prepaid basis. Spyxan must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly subscription fees and one-time or multi-pay consulting fees.
  2. Your subscription is NOT based on how much you use (or do not use) the Software but instead is based on the availability of Products and Services. However, the usage above your selected plan thresholds will incur additional fees.
  3. You are responsible for keeping all credit/debit card details and contact information current with the Spyxan. You should periodically check your account profile within the Software to ensure that the information is up to date.
  4. All of your recurring subscriptions are automatically invoiced and charged to the credit/debit cards on file.
  5. Any of your invoice and/or payment receipts are available from Spyxan upon request.
  6. Auto Upgrade is enabled by default. While Auto Upgrade is enabled, We will automatically upgrade your account plan to the next highest plan when you exceed your current plan’s monthly threshold. While Auto Upgrade is disabled, We will halt the processing of the Services when you exceed your current plan’s monthly threshold.
  7. You agree that we can charge a subscription fee for several payments but in the amount of no more than the cost of your tariff plan.
  8. Service fee is already included in the amount of your tariff plan, but it may be charged separately.

METHODS OF PAYMENT. Spyxan will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires Spyxan’s explicit written consent, which shall be given in Spyxan’s sole discretion.

4.  Billing cycle

  1. Recurring Billing Procedure. Spyxan will generate an invoice and collect payment on the invoice at the beginning of your respective billing period (the “rebill date”). If you choose any of our monthly subscription, for your convenience, it will automatically be renewed for a period of time equal to that initially chosen and at the same rate unless cancelled.
  2. For Credit/Debit Card Billings: Spyxan will automatically charge your authorized credit or debit cards listed on file on your specific billing cycle date. If your card on file is declined for any reason, Spyxan will attempt to re-run the charge for the cards on file up to five (5) more times within the following thirty (30) days. If Spyxan has run your card four (5) times with no success, your account will be cancelled.
  3. In the event that there are insufficient funds on your accounts/cards, we reserve the right to provide you a discount upon purchase. The discount rate can be from 25% to 75% of the amount that must be paid.
  4. In the event that are insufficient funds on your accounts/cards, we reserve the right to charge you for a shorter subscription period. The period and the price of the subscription will depend on the funds available on your account/cards.

5.  Software application

  1. The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by Spyxan from time to time.
  2. You understand that Spyxan, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the Software. In this case, the information you may have already accessed will become unavailable without prior notice.
  3. Spyxan reserves the right to add or remove features or functions to the Software at any time in its sole discretion.
  4. You may use basic features package on a device without jailbreak (iOS) or rooting (Android). In case you want to have access to premium features in any other packages, you may need to jailbreak (iOS) or root (Android) the device, which is a legal procedure according to the applicable law.
  5. If your device was unlinked from the Software due to the update of your device's operating system, you may address customer service at support@spyxan.com. to link it again. You should remember that you may lose the warranty for your target device operation system and when you re-link it you do it at your own risk.
  6. In case you have any technical question, please contact customer service at support@spyxan.com.

6.  Acceptance

  1. By using our Site and/or the Service you confirm that you have read and consent to these Terms of Use as well as the End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy, and Compatibility Policy.
  2. Spyxan may revise these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy, and Compatibility Policy at any time, without notice, and the new versions will be available on the Site.
  3. If at any point you do not agree to any portion of these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Policy, you should immediately stop using the Site and/or Service.

7.  Security

  1. Spyxan cares about the integrity and security of your personal information.
  2. You acknowledge that you willingly provide your personal information to Spyxan and the Payment Provider while placing the order for the Product.
  3. You understand that we may use your personal information to contact you with newsletters, marketing or promotional materials and other information related to the Product. The user always has an option to unsubscribe.
  4. Spyxan receives and stores only your user’s ID and email (login). The password is known only to the user. We store only hash of the password generated by md5 hash function from user’s passwords.
  5. Spyxan stores your personal information in its database fully encrypted. It means Spyxan does not have a direct access to your personal data. However, Spyxan is not responsible for any third party data leaks in databases.
  6. In case of the disclosure of such encrypted data, Spyxan may not be held responsible.
  7. You agree that you are obliged to retain the private encryption key provided to you by Spyxan.
  8. Spyxan is not able to collect and/or store in its database any exported logs and data from a target device with the use of the Software in case (i) the data is older than 3 (three) months; (ii) your account has been expired.
  9. Upon the expiry of your account, all logs and data exported from a target device with the use of the Software will be deleted within 1 (one) month.
  10. Spyxan does not control, monitor and/or is not aware of how the user exploits the Software application. Spyxan may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.
  11. You acknowledge that Spyxan does not encourage its users to exploit the Spyxan service illegally.

8.  Requirements to a user

  1. When placing an order for the Product, you acknowledge and agree that you are of the age above 18.
  2. When installing the Software to a device, you acknowledge and agree that you (i) are a parent to your minor child; (ii) are an employer, who owns the devices operated by their employees; (iii) own this device or you notified the owner of the device and received their consent.

9.  Compatibility of target device

  1. You are aware that before placing an order for subscription you have to carefully read the Compatibility Policy.
  2. You are aware that before installing the Software you have to check the requirements for the compatibility of your target device.
  3. In case your device is not in line with the Compatibility Policy, you may not install and use the Software application.
  4. In case you have failed to comply with the Compatibility Policy before acquiring the subscription, you agree that it is your responsibility and you will not be refunded.
  5. In case you have failed to comply with the Compatibility Policy before the installation, you agree that it is your responsibility and you will not be refunded.
  6. You understand that in case your device is compatible according to the Compatibility Policy, you are to jailbreak or root your device (if needed) in order to use the Software.

10. Software Updates

  1. In an effort to improve the Service, Spyxan may update the Software application from time to time.
  2. You acknowledge and agree that Spyxan may update the Software with or without notifying you.
  3. You acknowledge and agree that Spyxan may request you via email or Control Panel to update the Software application on a target device.

11. Free Trials

  1. The free trial is only 7 days free and then 9.99 usd per month
  2. Subscription to the Spyxan Service may begin with a free trial period, during which you can try out the Service for 7 (seven) days from the date you place the order (hereinafter – the “Free Trial”).
  3. You are required to enter your billing information in order to place the order and subscribe for the Free Trial.
  4. Upon the expiry of the Free Trial, you will automatically be charged for the chosen package and next subscription plan unless you turn off the auto-renewal in you Control Panel/Account.
  5. You may cancel your Service use at any time during the Free Trial.
  6. Upon cancelling, you will immediately lose all access to the Service and any data and information stored within your account.
  7. Any unused period of time within the Free Trial will be forfeited when you purchase a subscription plan.
  8. Spyxan reserves the right to modify, cancel, or limit the Free Trial without notice at any time.

12. Refunds and Returns.

  1. Please review Refund Policy. Spyxan Software includes a money-back guarantee if you are not satisfied for any reason.
  2. Your eligibility for a refund may depend on the Product package, subscription plan, how much time passed since the transaction, etc.

13. Links

  1. The Site may contain links to websites operated by other parties.
  2. Spyxan provides these links to other websites as a convenience, and it is solely up to the user whether to use them or not.
  3. The linked sites are not under the control of Spyxan, and Spyxan is not responsible for the content available on them.

14. Intellectual Property

  1. Spyxan’s logo is a trademark/service mark that is used by Spyxan.
  2. Unauthorized use of Spyxan’s trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.
  3. The Site, Service, and Software are protected by the applicable law and international copyright laws.
  4. All intellectual property in the design and layout of this web site and the material or information published on its pages belongs to and is vested in Spyxan or its licensors. You may not copy any part of this site or otherwise do anything in relation to any part of the site other than the following:

(a) You may print or download pages from this website to a local hard disk for your personal and non-commercial use only;

(b) In materials issued to third parties, you may only quote the content from this site, provided that such quotes are not used in a misleading context and that you give due credit to both the author and to Spyxan.

  1. You may not otherwise use or reproduce any part of this web site or the materials contained within it in any manner other than those listed above and without first obtaining the prior written permission of Spyxan.
  2. Any images that appear on this website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction, or other use of the Licensed Material.

15. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW

  1. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPYXAN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. SPYXAN DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

16. LIMITATION OF LIABILITY. SOLE AND EXCLUSIVE REMEDY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPYXAN, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF SPYXAN AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF SPYXAN OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
  3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Spyxan and its affiliates shall be limited to the fullest extent permitted by law.

17. Indemnification

  1. You agree to indemnify, defend, and hold Spyxan and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that Spyxan may issue for the Site, the Software and/or Service from time to time.

18. Affiliate Partners

  1. Spyxan provides a possibility to become its Affiliate.
  2. You may submit an application to become a Spyxan Affiliate.
  3. Being a Spyxan Affilite, you must comply with the Affiliate Program Operating Agreement.
  4. You acknowledge that Spyxan is not responsible for the actions of its Affiliates.
  5. You are aware that Spyxan’s official web sites are as follows:
    1. spyxan.com
  6. Spyxan is not responsible for any other web site and its content.

19. Assignment

  1. Spyxan may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
  2. You may not assign the ToU without Spyxan’s prior written consent, and any unauthorized assignment by you shall be null and void.

20. Severability

  1. If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

21. Attorneys' Fees

  1. In the event any litigation or arbitration is brought by either party in connection with these ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred by such prevailing party in the litigation.

22. No Waiver

  1. Failure or delay by Spyxan to enforce compliance with the ToU does not constitute a waiver of these ToU.
  2. The express waiver by Spyxan of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

23. Notices

  1. All notices given by you or required under this ToU shall be written and addressed to:

- technical requests shall be addressed to support@spyxan.com.

- legal requests shall be addressed to legal@spyxan.com.

24. Entire Agreement

  1. These ToU, including the documents expressly incorporated by reference, constitute the entire agreement between you and Spyxan with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Spyxan with respect to the Site, the Software and/or Service.

25. Termination of Service

  1. The Service may be terminated upon the expiration of the subscription.
  2. Spyxan reserves the right to deny service to any user at Spyxan’s sole and absolute discretion.
  3. The Service is offered with the understanding that Spyxan may terminate any subscription and/or your access to the Service at any time, for any appropriate reason, including without limitation for any violation of these ToU.
  4. Spyxan may stop offering and/or supporting the Service at any time.
  5. Spyxan reserves the right to deny service to, or if applicable, terminate the service of any user, including without limitation a user that attempts to monitor the device of an individual, who has not provided their consent. In this case, Spyxan reserves the right to block all accounts associated with such potential violating user.

26. LEGAL EFFECT

  1. These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
  2. In case the laws of your state or country do not permit you to use the Software application completely or only some of its features, hereof you acknowledge and agree that it is upon your responsibility.
  3. For more information, please contact Spyxan at  support@spyxan.com.