Welcome to the msafely.com website (hereinafter - the “Site”, “Website”).
YOUR USE OF THE SITE AND/OR THE Msafely SERVICES SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. WE WILL INFORM YOU ABOUT ANY MODIFICATIONS THAT OCCUR IN THE ESSENTIAL PARTS OF THE TOU AND ASK IMPLIED CONSENT. THIS MEANS THAT IF YOU CONTINUE TO USE THE SOFTWARE AND SERVICE, YOU AGREE WITH THESE MODIFICATIONS.
1. 1. Msafely software - Mobile applications and/or computer programs, the descriptions and functions of which are provided on this website.The Msafely software consists of two parts: a server and a client part. The server part is accessed through a web interface on the website. The client part is provided in the form of .exe files and .apk, which are installed on a PC or on a target device using the Android operating system. In addition, Android and iOS target devices, it is also possible to use the Software without installing any application on the target device, which means that information is collected and functions are performed only with the assistance of the server part, by entering the Cloud login and password of the target device in the control panel.
1.2. Subscription - periodic payments for Software using and/or providing Services on a periodic basis.
1.3. Target device – smartphone, tablet, mobile phone or other similar device, on which the client part of Software is installed (in case with Android) or to which Software is connected through Control Panel (in case with iOS).
1.4. Payment information – User full name, e-mail, credit/debit card data, and other information, which may be necessary for payment for Msafely Services.
1.5. Payment service provider – a financial institution, which processes payments for Msafely Services, with which the Msafely concluded a payment processing agreement.
1.6. Lawful access to a target device – user’s access to a target device, which is owned by this user, as well as availability other legal grounds on collecting and processing information from the target device.
1.7. Cloud control – control of an account, application and program, which is executed with the assistance of cloud technologies, without physical intervention to a target device working and/or the software installing.
1.8. Subscription terms – A variety of subscription plans are available on the website. The subscription plan depends on the device you choose, the number of features you select, and the subscription period. Once your initial payment is processed, your subscription will begin. During the payment execution on the website, there will be a special button to cancel the automatic renewal of the subscription. You will pay monthly, quarterly, or annually as indicated at the time of purchase.
2. GENERAL PROVISIONS.
2.1. The Site and the Msafely Services shall be used only in such cases:
(i) - with the aim of parental control;
(ii) - by users on their own devices.
2.2. The main aim of Software development and providing is security ensuring of property and/or life and health of children and wards.
2.3. To purchase and use the Msafely Service, you are required to create an account on the Site by providing personal information such as your email address, Billing Information, and a Payment Method.
2.4. After the account registration, we will only receive your ID and email details.
2.5. After registering for an account and purchasing the Msafely service, you will receive a URL link in your Control Panel to download the .apk file or .exe file. For the target device and your account to be synchronized, you must click on the link and download the .apk file or .exe file on the target device, install i,t and provide the necessary permissions to the installed application to activate the declared features. In the case of an iOS target device, you must specify its iCloud login and password in the Control Panel in order to synchronize the target device with the Control Panel.
2.6. By providing your payment information while purchasing the Software you are aware that Msafely does not collect this information, it is the Payment Provider that receives payment details.
2.7. You are aware that Msafely is not responsible for any third-party data leak in databases and/or DSN servers.
2.8. You will not use the Site or Msafely Service in violation of any laws you are subject to. Notwithstanding the foregoing, we are not responsible for the further use of the Msafely Software and it’s your sole responsibility.
2.9. You understand that in most cases you require physical access to the device to install the Msafely Software.
2.10. You will properly follow all instructions and documentation provided by us to you at the Website.
2.11. You will not allow any other third party to access your account or to utilize the Software. In case 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 we don’t bear the responsibility.
2.12. You will only install the Software on the devices which you own.
2.13. We reserve the right to modify, terminate, or refuse the Msafely Services to anyone for any reason and without notice at any time.
2.14. We reserve the right to alter these ToU at any time.
3.1. To subscribe to the Service, you should place the order.
3.2. There are provided several subscription plans on the Site. Subscription plans depend on your device, the number of features, which you may choose, and a subscription period.
3.3. You are allowed to have several subscriptions under the same account.
3.4. You have to buy one subscription for each target device, unless you have bought a subscription that allows to use the Service simultaneously on several target devices.
3.5. While placing the order, you should complete the Billing Information and the Payment Method by providing your personal information.
3.6. 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.
3.7. 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).
3.8. If you lose your private key, you will not able to reset a password or recover your access to your Account or subscription(s), and we will not able to help you with the access (data) recovering in this case, because we don’t store and remember private keys of users.
3.9. You may choose the subscription plans of the following duration – 1, 3, or 12 Subscription months.
3.10. You are aware that you may use a client part of 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, unless you have bought a subscription that allows to use the Service simultaneously on several target devices.
3.11. To avoid any disruption, the subscription you selected will automatically be extended for a successive renewal period of the same duration and at the original, not discounted, price.
3.12. During a subscription payment you can purchase additional services. Payment price and conditions depend on chosen Services.
3.13. You understand and agree, that we are not liable for consequences of services rendered. In case the target device is harmed due to services rendered, we will not be liable for such harm.
3.14. Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription plan. We can charge you for the future payment subscription, if you didn’t turn off automatic renewal, even if the Software was temporarily unavailable due to technical reasons. There will be a special button to cancel automatic renewal during the payment execution on the Site. The renewal price for a new Subscription period may be vary from initial Subscription price due to a discount cancellation. After your payment will be done successful, we will send you a confirmation letter via e-mail with an indication of an initial and renewal price. If you don’t agree with a renewal price, you have to cancel automatic renewal in the Control Panel.
3.15. In case you didn’t turn off automatic renewal, you will be charged for the next subscription period at the start of the next period. You can cancel a subscription through the Control Panel or with assistance of our support team through Live Chat or e-mail. You understand and confirm that if you forget to disable auto-renewal for new subscription period, it will not be a reason for a refund. In case you are not disabling the auto-renewal for your order, you will be charged for the next subscription period. To unsubscribe, you need to contact the support team.
3.16. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.
3.17. You are solely responsible for the activity that occurs from your account and must keep your account password secure.
3.18. You may not share or transfer any account. You may not disclose your password to anyone else.
3.19. You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.
3.20. We will not be liable for any losses caused by any unauthorized use of your account.
3.21. You may interact with the Msafely Services through your Account/Control Panel by changing settings that are made available to you.
3.22. You are responsible for all activities that occur under your Account.
3.23. You agree not to create or access an account using a false identity or information, or on behalf of someone other than yourself.
3.24. You agree not to create an account or use the Msafely Services if your Account has previously been removed by us, or if you have previously been banned from the Msafely Services.
3.25. 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.
3.26. 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 us 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 Msafely Services, 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.
3.27. In case you forgot your password to the Account, you may restore access with your private encryption key.
3.28. We may propose and resale third-parties’ products (software, mobile application, etc.). You may buy it with or separate of main subscriptions. Terms and conditions, privacy matters, license agreement, etc., that are related to using such third-parties’ products will be provided by such third-parties and you can find it via links, specified on appropriate pages of Website. You aware, that Msafely is not responsible for such third-parties’ products and your using of such products is only your sole responsibility, even if we recommend it. If you have any questions about third-parties’ products, its usage, problems with installing, error fixing, etc., you should send your request to an appropriate provider. Msafely doesn’t assist in matters on how to install and how to use these products, however, you may get necessary information from the appropriate provider. Under your request we will provide you urgent contact data. For billing and other financial matters, you have to get in touch with us via e-mail [email protected] or Live Chat. For getting and installing third-parties’ products, you have to follow instructions that you will receive after you make a payment. These instructions will appear on the Website and/or will be sent by e-mail.
4. SUPPORT SERVICES
4.1. We try to help all of our users. You may get in touch with us about any matters, which belong to Msafely Services via Live Chat or e-mail. Our assistance via Live Chat and e-mail are absolutely free for you.
5. BILLING PROCEDURE
5.1. All accounts are set up on a prepaid basis. We 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.
5.2. Your subscription is NOT based on how much you use (or do not use) the Software but instead is based on the availability of Msafely Services. If you want to install the Software on additional devices, you have to purchase additional subscriptions.
5.3. You are responsible for keeping all credit/debit card details and contact information current while using the Msafely Services.
5.4. Periodically you have to check your account profile within Msafely Services using to make sure that information is current.
5.5. Auto Upgrade is enabled by default. After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request. Cost of Msafely Services are included in subscription price, but in some cases additional costs are possible.
5.6. Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information (card number, CVV code, expiry date) and choose the necessary payment method.
6. BILLING CYCLE
6.1. Recurring Billing Procedure. We will be charging you at the beginning of your respective billing period (the “payment date”). For your convenience, we will automatically charge your credit/debit card for subscription payment terms according to the appropriate subscription plan (after 1-, 3-, or 12 Subscription months, depending on your subscription plan).
6.2. If your card on file is declined for any reason, we will attempt to re-run the charge for the cards on file up to five (3) more times within the following thirty (30) days. If we will not be able to charge funds from your card within time mentioned above, your account will be cancelled.
6.3. Insufficient funds. In the event that there are insufficient funds on your accounts/cards, we reserve the right to provide you with a discount on any type of purchase and charge the subscription payment with a discounted price. This may concern the initial payment, subscription renewal, or upgrade, including the renewal and upgrade done through the Control Panel.
6.3.1. If we try to charge your payment and there are insufficient funds on your card, we may give you a 25% discount, and you will be charged only 75% of the subscription price. If after the provided 25% discount there are still insufficient funds on your card, we may try to provide you a $ 4.99 discount. If we are not able to charge funds from your card with the discounted prices specified above, your account will be cancelled.
6.3.2. If we are able to charge funds from your card with a discounted price, Msafely software will be provided to you for the subscription period proportional to the applied discount (the time from the chosen subscription period, respectively).
6.3.3. If you obtained a discount in the scope of our marketing promotions, which gives you the right to purchase the Msafely software at a discounted price, and in time of the purchase there are insufficient funds on your accounts/cards, we reserve the right to provide you an additional discount and charge subscription payment in accordance with the cl. 6.3.1 and 6.3.2 of this ToU.
7. SOFTWARE APPLICATION
7.1. The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by us from time to time.
7.2. You understand that we, in our 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.
7.3. We reserve the right to add or remove features or functions to the Software at any time in our sole discretion.
7.4. If your device was unlinked from the Software due to the update of your device's operating system, you may address customer service at [email protected] 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.
7.5. In case you have any technical question, please contact customer service at [email protected].
9.1. We care about the integrity and security of your personal information.
9.2. You acknowledge that you willingly provide your personal information to Msafely and the Payment Provider while placing the order for the Product.
9.3. You understand that we may use your personal information to contact you with newsletters, marketing or promotional materials and other information related to the Msafely Service. The user always has an option to unsubscribe.
9.5. You agree that you are obliged to retain the private encryption key provided to you by us.
9.6. We are 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.
9.7. 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. According to our legitimate interests and your convenience, we have right to not remove your account, even if you don't use it.
9.8. We do not control, monitor and/or are not aware of how the user exploits the Software application. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.
9.9. You acknowledge that we don’t encourage our users to exploit the Msafely Services illegally.
10. REQUIREMENTS TO A USER
10.1. When placing an order for the Software, you acknowledge and agree that you are 18 years of age or older.
10.2. When you are installing the Software to a device, you acknowledge and agree that you are a parent to your minor child or guardian of a ward; (ii) you are an owner of this device.
11. SOFTWARE UPDATES
11.1. In an effort to improve the Msafely Services and error fixing, we may update the Software application from time to time.
11.2. You acknowledge and agree that we may update the Software with or without notifying you.
11.3. You acknowledge and agree that we may request you via email or Control Panel to update the Software application on a target device.
11.4. You understand and agree, that we are not liable for any damage and harm caused to a target device due to software update.
12. REFUNDS AND RETURNS
We warrant refunds in case you are not satisfied with the Software for any reason. But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on the Product package, subscription plan, how much time has passed since the transaction, etc. More details are available in our Refund Policy, which we recommend reviewing before you start using Msafely Services.
13. INTELLECTUAL PROPERTY
13.1. Trademarks. Msafely’s logo is a trademark/service mark that is used by Msafely.
13.2. Unauthorized use of Msafely’s trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.
13.3. Copyright. The Site, Service, and Software are protected by the applicable law and international copyright laws.
13.4. 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 Msafely 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 Msafely.
13.5. 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 Msafely.
13.6. 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.
14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW
14.1. THE SITE AND THE Msafely SERVICES 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. Msafely 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. WE DO 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.
14.2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
15. LIMITATION OF LIABILITY. SOLE AND EXCLUSIVE REMEDY
15.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Msafely, 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 WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF Msafely 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.
15.3. 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 Msafely and its affiliates shall be limited to the fullest extent permitted by law.
15.4. Msafely IS NOT RESPONSIBLE FOR USING THE SOFTWARE AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE SOFTWARE AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH SECURITY AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. Msafely DOESN’T KNOW AND CANNOT KNOW HOW USERS USE THE SOFTWARE AND/OR SERVICES. IF YOU BECOME AWARE THAT THE SOFTWARE AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY SOFTWARE AND/OR SERVICES USING.
15.5. Msafely IS NOT RESPONSIBLE FOR USING THIRD-PARTIES’ PRODUCTS, WHICH WERE BOUGHT ON THE WEBSITE (EXCEPT PAYMENTS ISSUE). ALL CLAIMS AND REQUESTS ABOUT USING, INSTALLING, ERROR FIXING, REMOVING, RE-INSTALLING, ACCESSING AND SO ON, YOU SHOULD SEND TO PROVIDERS OF SUCH PRODUCTS.
16.1. You agree to indemnify, defend, and hold Msafely 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 we may issue for the Site, the Software and/or Service from time to time.
17.1. We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
17.2. You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.
18.1. 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.
18.2. Failure or delay by Msafely to enforce compliance with the ToU does not constitute a waiver of these ToU.
18.3. The express waiver by Msafely 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.
18.5. The Service may be terminated upon the expiration of the subscription.
18.6. We reserve the right to deny service to any user at our sole and absolute discretion.
18.7. The Msafely Services is offered with the understanding that we may terminate any subscription and/or your access to the Msafely Services at any time, for any appropriate reason, including without limitation for any violation of these ToU.
18.8. We may stop offering and/or supporting the Msafely Services at any time.
18.9. We reserve 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, we reserve the right to block all accounts associated with such potential violating user.
18.10. 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.
18.11. This Agreement is subject to litigation and any legal proceedings and is legally binding. Do not download and install the Msafely Software unless you expressly agree to the terms of this Agreement.
18.12. These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of UK.
18.13. 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.
18.14. The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
18.15. For more information, please contact us by email [email protected].