Mi Appl Terms of Service

You Must Agree to these Terms of Service to Use Mi Appl Products

By using or installing for a Mi Appl LLC ("Mi Appl") Product (defined below), you agree to these terms and conditions of the licenses contained herein. You agree to accept notices electronically. Each time you use a Mi Appl Product, you reaffirm your acceptance of the then-current Terms. If you do not wish to be bound by these Terms, you may discontinue using the Mi Appl Products. You cannot use or sign up for Mi Appl Products until you have accepted these Terms.

 

Mi Appl Products

For purposes of these Terms of Service, the term "Mi Appl Products" shall mean Mi Appl software (whether preinstalled or offered by download), Mi Appl services, Mi Appl websites (including, without limitation, Txtwatcher.com) and all other software, features, tools, web sites and services provided by or through Mi Appl.

 

Additional Terms and Conditions for other Services or Products

You agree and understand that certain Mi Appl Products, features and other premium services offered by or through Mi Appl (including services from Mi Appl) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your Mi Appl sign-in or through an Mi Appl Product shall constitute a breach of these Terms of Service.

 

Modifications to the Terms of Service

Mi Appl may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Mi Appl Products.

 

Fee and Non-Fee Based Subscriptions

Unless you are a subscriber to a Mi Appl fee-based subscription service, you must use your Sign-in Name on a regular basis (e.g., sign into a Mi Appl website) to keep your registration active. You agree that Mi Appl has no responsibility or liability for the deletion or failure to store any data for accounts that are not fee-based and that Mi Appl may cancel the registration and Sign-in Name and delete any data at any time of any non fee-based subscription.

 

Your Responsibility

You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site. You shall not use or install the Mi Appll Product on any device for which you are not owner of the device, for which you do not have the legal authority to install the Mi Appl Product, or for which you do not have the consent of the owner of the device.

You are responsible for all activity made by you or anyone you allow to use your Mi Appl account, including your family or friends. You agree to keep confidential the passwords associated with your account. You agree to indemnify and hold harmless Mi Appl for losses incurred by Mi Appl or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using Mi Appl Products. You are responsible for any materials you post or make available on or through the Mi Appl Products, including message board posts, chat participation and homepages.

 

Communications

You are responsible for obtaining your own mobile device access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Mi Appl Products, and all charges related thereto.

You May Use the Mi Appl Products for Lawful Purposes Only

It is a federal and state offense in most countries to install monitoring/surveillance software onto a mobile device which you do not own or have proper authorization to install. It may also be an offense in your jurisdiction to monitor the activities of other individuals. Check all state, federal and local laws before installing any Mi Appl product. You must always notify a person they are being monitored if they are over age 18. Federal or local law governs the use of some types of software; it is responsibility of the user to follow such laws.

 

No Duty to Monitor

Mi Appl is not required to pre-screen Content available on the Mi Appl Products, including the content of any messaging that occurs on or through the Mi Appl service, although Mi Appl reserves the right to do so in its sole discretion. Mi Appl is not liable for Content that is provided by others. Mi Appl reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but Mi Appl is not responsible for any failure or delay in removing such material.

 

Changes to the Service

Mi Appl has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Mi Appl Products including, but not limited to, the software, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Mi Appl servers on your behalf either cumulatively or for any particular service or the availability of Mi Appl Products on any particular device or communications service. Mi Appl has no obligation to provide you with notice of any such changes.

 

Mi Appl License to You

Mi Appl and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by Mi Appl (including all software and services provided by a third-party vendor for Mi Appl) in object code form only on any mobile device from which you wish to access the Mi Appl service and all other Mi Appl Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the Mi Appl Products in accordance with these Terms. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from Mi Appl. Mi Appl occasionally will provide automatic upgrades to improve your experience, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms. You may not obtain the communications protocol for accessing the Mi Appl service, the Mi Appl Products, or any other Mi Appl services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Mi Appl's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Mi Appl may vary depending on your mobile device platform and other equipment.

 

Restrictions on Access to or Use of Mi Appl Products

You may access Mi Appl Products only through the interfaces and protocols provided or authorized by Mi Appl. You agree that you will not access Mi Appl Products through unauthorized means, such as unlicensed software clients, and that you will only use Mi Appl Products in conjunction with Mi Appl authorized products and components. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Mi Appl's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site

 

Export Control

You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Mi Appl, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

 

No Support by Mi Appl

You understand that your use of the Software is at your own risk and that Mi Appl provides no assistance other than the information posted on the Mi Appl Web site located at http://www.Txtwatcher.com. Mi Appl is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

 

Third-Party Services

Third parties may offer from time to time applications or services to access Mi Appl services and Mi Appl Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. Mi Appl does not represent and warrant that access and use of Mi Appl Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the Mi Appl Products at all times and locations of your choosing. You also agree that Mi Appl is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make Mi Appl Products accessible through these third-party applications.

 

No Endorsement

Mi Appl Products may contain links to other web sites, resources and advertisers. Mi Appl is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Mi Appl or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

 

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF THE MI APPL PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE MI APPL PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, MI APPL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE MI APPL PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR ARE NON-INFRINGING. MI APPL AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MI APPL PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MI APPL PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MI APPL PRODUCTS AND SOFTWARE WILL BE CORRECTED. MI APPL AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MI APPL PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MI APPL PROVIDES THE MI APPL PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE MI APPL PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MI APPL WILL HAVE ADEQUATE CAPACITY FOR THE MI APPL PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. MI APPL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MI APPL (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR MI APPL PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE MI APPL PRODUCTS AND SOFTWARE. MI APPL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MI APPL PRODUCTS, SOFTWARE OR FOR ANY OTHER MI APPL RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH MI APPL PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, DATA ACCURACY, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MI APPL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, MI APPL AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MI APPL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH MI APPL PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Indemnification

You agree to defend, indemnify and hold harmless Mi Appl, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Mi Appl Products, particularly, any liability that arises from use of the Mi Appl products in violation of local or federal law. Mi Appl reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Mi Appl in that matter.

 

Termination

Mi Appl has the right to terminate your Sign-in Name, your registration, the Software license or your access to Mi Appl Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Mi Appl may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Mi Appl Products.

 

Copyrights

The copyright in all material provided on this site is owned by Mi Appl or by Mi Appl's licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Mi Appl or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Mi Appl does not grant any license or authorization to any user of its copyrightable material or other intellectual property, other than those contained herein. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Mi Appl or the copyright owner. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of the Mi Appl Products, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

 

Trademarks

All trademarks appearing on the Mi Appl Products are the property of their respective owners.

 

Your Payment Responsibilities

You must select a payment method to pay for your fees for any Premium Service and for all purchases made from Mi Appl Products. You must give Mi Appl accurate billing and payment information and keep this information up-to-date through the "My Account" area on Mi Appl Today. You agree to pay Mi Appl for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Mi Appl to charge your designated payment method for these charges. If Mi Appl does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Mi Appl or its operators. Every time you use an Mi Appl Product, you reaffirm that (i) Mi Appl (or its designated vendor acting as Mi Appl's billing agent) is authorized to charge your designated payment method; (ii) Mi Appl may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account. You must notify Mi Appl's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to Mi Appl's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

 

Subscription Plans

Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or Mi Appl otherwise terminates your subscription. Also, under most subscription plans, Mi Appl will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or Mi Appl otherwise terminates your subscription.

 

Electronic Delivery Policy

Mi Appl transacts with its users electronically. WHEN YOU SIGN UP FOR ANY MI APPL PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM MI APPL ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that Mi Appl generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Mi Appl during registration or (2) Mi Appl may post Notices on a welcoming screen or top page of the relevant Mi Appl Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a cellular phone or personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of MiApp.com. The delivery of any Notice from Mi Appl is effective when sent by Mi Appl, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

 

Consumer Rights.

Mi Appl maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to Mi Appl's agent for notice at the following address:

 

Notification of Consumer Rights Complaint

Mi Appl LLC.

P.O Box 970562

Boca Raton, FL 33497

Contact: Mi Appl Support - email: support@ Txtwatcher.com

 

You may contact Mi Appl with complaints and inquiries regarding pricing and Mi Appl will investigate those matters and respond to the inquiries.

 

Miscellaneous

A. The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms, your Premium Services and your registration with the Mi Appl Products. B. These Terms and any operating rules for any areas of functionality of the Mi Appl Products established by Mi Appl constitute the entire agreement between Mi Appl and you regarding the subject matter of these Terms, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms and any such other terms of use or operating rules of a specific Mi Appl Product, these will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive, personal and subject matter jurisdiction for any claim or dispute under the Terms of Service and or your use of the Mi Appl Products resides in the Federal and state courts located in the State of Florida, County of Palm Beach, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

Last updated August 8, 2011