Terms of Use

Disclaimer

All our products are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by HexSpy as to their performance, reliability or suitability to any given task. In no event shall HexSpy be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. Federal or local law governs the use of some types of software; it is responsibility of the user to follow such laws.

It is a federal and state offense to install monitoring/surveillance software on a PC of which you do not own. Check all state, federal and local laws before installing any spy software.

Use of this software for the illegal monitoring of others can place users in severe legal jeopardy. In certain locales such illegal use may include, but is not limited to, installing this software on machines you do not own, monitoring spouses without their knowledge, using this software for criminal financial gain, using this software to engage in "identity theft", using this software to engage in acts of "stalking" or otherwise violating any existing state or federal laws regarding the use of such monitoring software. Consult legal counsel should you have any questions as to the use of the Software under your specific circumstances.

Usage Agreement

HexSpy is designed only to be used to monitor your child or employee. Breakpoint Software Development defines each as:

  • Child: Your own legal child that is under the legal age of 18. The child must be monitored using a computer running a compatible operating system that you own. Unless you are the legal guardian thereof, you cannot monitor a child if you hold one of the following relationships:

    • Brother / Sister
    • Step-Brother / Step-Sister
    • Aunt / Uncle
    • Cousin / Nephew
    • Grandfather / Grandmother
    • Great-Grandfather / Great-Grandmother
  • Employee: Your employee at a company you own OR an employee at the same company as you and you have managerial responsibilities for. The employee must be monitored using a computer running a compatible operating system owned by the company and issued to the employee under your company’s policies regarding company computers.

HexSpy cannot be used to monitor any other individuals (such as a spouse, friend, significant other, etc.) over the legal age of 18 without that party’s expressed written notarized consent. Without this consent, it would violate the terms you agreed to at the point of purchase and be subject to immediate termination without reimbursement.

Customers are made aware by the documentation on this web site that, as the owner of the computer to be monitored, unrestricted access to the computer to be monitored is required. Unrestricted access is defined as:

  • Customer has physical access to the computer.
  • Customer has properly de-activated and/or configured the computer’s anti-virus program to allow HexSpy to run unencumbered.
  • Customer has all passwords to unlock the computer to gain access.

By installing, running, or using any HexSpy product or service you agree to the above Policies. In addition you agree that you will follow the HexSpy Policies at all times when using an HexSpy product or service.

Privacy

It is company policy that our customer databases remain confidential and private. We have not, will not, and won't ever sell names to "spammers" or other parties who would like to use our databases to advertise or solicit their products or services. HexSpy products do not collect any information from your system other than the information required for the products successful operation. Your private information is safe with us.

Refund Policy

If a customer purchases this software and does not meet the criteria outlined above, refunds will not be issued due to this situation.

Also, if a customer purchases this software and cannot bypass, remove, or configure their anti-virus program to allow HexSpy to function on the computer they own and wish to monitor, we are not liable for refunds due to this situation.

Refunds are not issued if your child or employee performs a complete reset of the computer that will, in turn, remove all installed software from the computer including this monitoring software. If your child employee performs a computer reset, it is your responsibility to gain access to the device to reinstall our software in order to continue to monitor that individual’s activities. Additionally, if your child or employee either claims to have discovered this software and/or has removed the software against your wishes, a refund will not be issued. As stated previously, it is your responsibility to alert your underage child or employee using a company-issued computer that you are monitoring their activities.

Any customer who claims that their purchase was made in error or submitted fraudulent information will forfeit their right to any refund and will be held liable for all charges for the transaction. Our web site has built-in safeguards to prevent one-click purchasing by mistake. Also, if you feel someone has made the purchase using your information, Breakpoint Software Development requests you contact your bank to submit a fraudulent charge alert so that the bank can contact the appropriate parties to have it resolved.

Please be aware that all refunds result in immediate discontinuation of services and support.

Software License and Limited Warranty

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY RETURN THIS PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE FOR A REFUND.

The computer software, artwork, music, and other components included in this product (collectively referred to herein as the "Software") are the copyrighted property of Breakpoint Software Development and its licensors (collectively referred to as "BSD"). The Software is licensed (not sold) to you, and BSD owns all copyright, trade secret, patent and other proprietary rights in the Software. You may use the Software on a single computer. You may not: (1) copy (other than once for back-up purposes), distribute, rent, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone,or electronically using any means, except in the course of your network multiplayer play of the Software over authorized networks; (4) reverse engineer, decompile or disassemble the Software. You may transfer the Software, but only if the recipient agrees to accept the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and documentation and erase any copies residing on computer equipment. Your license is automatically terminated if you transfer the Software.

You expressly acknowledge and agree that use of the Software is at your sole risk. Except for the limited ninety (90) day warranty on the media set forth above. Customer refunds will not be given due to anti-spyware or anti-virus related issues, as HexSpy contains no virus and you can tell your anti-virus or anti-spyware to ignore or exclude our software after installing. Due to the hidden nature of HexSpy some scanners label it as malicious which is beyond our control.

Termination

You agree that Breakpoint Software Development may, at its sole discretion, deny You access to the site and disable any user name, password or registration key associated with You for any reason, including, without limitation, if Breakpoint Software Development believes that You have violated or acted inconsistently with the letter or spirit of this agreement.

Breakpoint Software Development reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that Breakpoint Software Development shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

Law and Jurisdiction

This Agreement shall be construed under the laws of Poland, excluding rules regarding conflicts of law.

You and Breakpoint Software Development agree to submit to the exclusive personal jurisdiction of the courts of Poland in all legal proceedings arising under this Agreement.