Terms & Conditions

  • Effect from : 19th August, 2021

These Terms of Use (hereinafter referred to as the “Terms”) shall govern the relationship between mobisafer.com hereinafter referred to as “Company” or “Us” or “Our” or “We”) and you (hereinafter referred to “You” or “Your” or “User” or “Users”) and shall also govern your use of www.mobisafer.com (hereinafter referred to as the “Website” or “Site”).

Please read these Terms carefully, as they form the entire agreement between You and the Company.

1. Acceptance of the Terms of Use

By using any of our services or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that :

  1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
  2. You are of sound mind and legal age in the jurisdiction in which you reside, in order to form a binding contract with Us.

2. Definitions

  1. Account: shall mean the account registered by the User on mobisafer.com;
  2. Device: shall mean any computer system, smart phone, tablet, or any other electronic device which supports and is compatible for the use of mobisafer.com;
  3. mobisafer.com: shall mean www. mobisafer.com and shall include its web applications, android & IOS applications, windows applications, clouds, programs, computer software and any other services provided by mobisafer.com;
  4. Monitor: shall refer to monitoring, tracking and collecting the Monitored Information of the Target;
  5. Monitored Information: shall include, but is not limited to any information, data, graphics, locations, calls, messages, emails and texts received from the device by use of our services;
  6. Third Party: shall mean any person other than “mobisafer.com”, “User” or “Target”;
  7. Target: shall mean a person who is monitored through our services;
  8. Use: shall mean to install and access mobisafer.com and monitor the Target.

3. Objective and Purpose

mobisafer.com has been built exclusively for legitimate purpose and ethical use in the following circumstances:

  1. By Parents: For parental control of their child/children with an objective of their safety, security and wellbeing.
  2. By Employers: For monitoring the company owned assets, such as laptop, mobile phones which belongs to the employers. Employer shall be taking due consent and making necessary disclosure to such employees about the surveillance.
  3. By other persons: It can also be used on a phone owned by the user and an express consent has been obtained from the target. Taking explicit consent from the target shall be the sole responsibility of the user.

4. Condition of use by Parents

For the Parents who wish to use mobisafer.com for monitoring the activities of the child, following essential conditions must be met:

  1. Child should be below the age of majority i.e. 18 years;
  2. User shall be either be the parent or legal guardian of such child. The User shall not use mobisafer.com to monitor the activities of someone else child;
  3. User must have the appropriate consent (as the legal guardian) or authority (as biological/adoption parent) to monitor the activities of the child;
  4. The purpose must be the safety, security and welfare of the child;
  5. The phone over which activities of the child would be monitored, should belong to the User or User should have the complete possession and access to the phone device;

5. Conditions of use by Employers

For the Employers who wish to use mobisafer.com for the surveillance of the company owned assets following key conditions should be met:

  1. The employee must be of sound mind and be at least of the age of majority, i.e. 18 years.
  2. User shall make the full disclosure about the surveillance/monitoring of the company asset(s) to the employee.
  3. User shall only install mobisafer.com in the company owned assets like mobile(s) laptops(as the case may be).
  4. The User must obey applicable laws, including but not limited to law related to privacy, data monitoring and data theft.

6. Restrictions on use

  1. You shall not use mobisafer.com for any illegal, immoral or banned purpose, including but not limited to the following:

    • For spying on any person
    • For stalking any person
    • For breaching the privacy of any person
    • For causing harassment to any person
    • For causing abuse to any person
    • For threatening any person
    • For defaming any person
    • For any prank activities
    • For infringing or violating any third-party rights
    • For planning or commission of an act punishable under any law for the time being in force
    • For any other illegal or immoral purpose
    • For using the data so collected for any private or commercial purpose
    • For sharing, leaking, disclosing, publishing, parting away or permitting any third party to have access to any of the Monitored Information of the Target
  2. You shall also not use mobisafer.com for attempting or abetting any of the above-mentioned activities.
  3. In case we receive information, complaint or any other details and if we have the reason to believe that your usage of mobisafer.com is illegal, unlawful, without consent or for any of the restricted purposes, or if we receive a letter, notice, notification, order, direction from law enforcement agency or court or tribunal or appropriate government, we reserve the right to suspend your access to our services and/or reveal your identity without any prior or further notice to you.

7. Account and Security

In order to access some features of this app/site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

8. Co-operation with the Law-Enforcement Agency

  1. You shall only use mobisafer.com for legitimate and lawful purposes as mentioned in these Terms. You must not use mobisafer.com for any unlawful, illegitimate, immoral, banned, or restricted activity. In case, we find you using mobisafer.com illegally, unlawfully, without consent or for any of the restricted purposes, we reserve the right to suspend your access to our services and/or reveal your identity without any prior or further notice to you.
  2. Further, if we receive a letter, notice, notification, order, direction from law enforcement agency or court or tribunal or appropriate government, we will co-operate with them and may remove your access to our services or reveal your identity to them without any prior or further notice to you.

9. Ownership Rights

  1. mobisafer.com is the sole owner and title holder of all mobisafer.com texts, graphics, audio, software, services, including mobisafer.com applications, programming codes, designs, logos, Website, web applications, android application, IOS application, databases, logics and any other tangible or intangible intellectual property right associated, comprised and consisted therein, including any modification, improvements, enhancements etc. made therein.
  2. Whenever User avails or uses any of our services, the User is only granted limited, non-exclusive, non-transferable, revocable, non-personal, non-commercial license to use the mobisafer.com, subject to the terms and conditions and restrictions herein contained in this Agreement.

10. Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Payment

You agree to pay the fees for Services that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. mobisafer.com works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. Check out our Privacy Policy for more details.

12. Refunds

Refunds are not allowed. mobisafer.com shall not be entitled to refund back any amount of money paid by you, for any reason, including but not limited to if the mobisafer.com software or application is not supported by your phone or the phone of the Target, or if desired results are not obtained from the use of the Services.

13. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed privacy policy here.

14. Disclaimer of Warranties

  1. The services by mobisafer.com are provided on an “as is” and “as available” basis, and the performance is dependent upon strong internet connection.
  2. mobisafer.com makes no representations or warranties of any kind (express or implied), regarding the use or the results of the use of the services in terms of their correctness, accuracy, reliability, or otherwise.
  3. mobisafer.com shall not be liable for any interruptions in the use of the services.
  4. mobisafer.com disclaims all warranties with regards to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
  5. mobisafer.com makes no guarantee or warranty (express or implied) that any of the services will be compatible with User’s or Target’s device(s).
  6. mobisafer.com makes no warranty that the Monitored Information will not get corrupted, destroyed, tempered or lost due to virus etc.

15. Limitation of Liability

  1. Subject to the maximum extend permissible under the applicable law, mobisafer.com shall not be liable to the User or the Target or any Third Party in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from use of mobisafer.com or any of its services; or for any loss of profit, revenue, data, information, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of User’s use or inability to use mobisafer.com; or any defect in the our services or Monitored Information; or the breach of this Agreement, whether in an action, in contract or tort or based on any warranty.
  2. mobisafer.com has been made for ethical purpose and legitimate use only, and in case, any User uses the same for any unlawful, illegitimate, immoral, banned or restricted purpose, mobisafer.com cannot be held liable for the same and it shall be the sole liability of the User only.

16. Indemnity

The User undertakes to indemnify mobisafer.com against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by mobisafer.com on the advice of its legal advisers to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of the terms of use or any of the terms of this Agreement or out of any claim by a Target or Third Party based on any facts which if substantiated would constitute a breach of these Terms.

17. Governing Law and Dispute Resolution

  1. Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of Republic of India.
  2. Dispute Resolution:
    1. If in case, any controversy, conflict or dispute of any nature arises between the User or Third Party and mobisafer.com in connection with the provisions of these Terms, or out of or relating to or in connection with the services offered by mobisafer.com or its Website, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.
    2. If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and the Company, shall be subject to the exclusive jurisdiction of the courts situated in Bangalore, Karnataka, India.

18. Notices

We may give notice by means of a general notice via electronic mail to your email address as available with Us. If You want to give a notice to Us, You can do so by dropping an electronic mail to support@mobisafer.com

19. Miscellaneous

  1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
  2. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Us of any provision or any right it has to enforce these Terms and nor shall any course of conduct between Company and You or any other party be deemed to modify any provision of these Terms.
  3. Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Company and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
  4. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

20.Grievance Redressal

  1. In the event you have any grievance regarding anything related to these Terms, Privacy Policy, Legal Disclaimer statement, or with any content or service of mobisafer.com, in that case you may freely write your concerns/complaint (along with necessary proof, such as screenshot, etc.) to the Grievance redressal through your registered email to support@mobisafer.com
  2. On receipt of the complaint, an automatic ticket number will be generated and intimated to the complainant.
  3. The Grievance redressal department shall look into the complaint and if the complaint seems to be genuine, it may do the following:

    • Disclose and share the details of the User; and/or
    • Verify the facts of the complaint with the User and thereafter may block the access or suspend services to such User

21. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email:  support@mobisafer.com