1. Acceptance
2. Credit Card Details
3. Advice
4. Change of use
5. Links to third party websites
6. Copyright
7. Disclaimers and Limitation of Liability
8. Indemnity
9. Severance
10. The Computer Fraud and Abuse Act (“CFAA”, 18 U.S.C. § 1030)
11. Refund Policy
12. CHARGEBACKS, DISPUTES, FRAUDULENT ACTIONS
13. Additional Requirements
14. Misuse of products

USER LICENSE AGREEMENT

THIS AGREEMENT GOVERNS THE TERMS BY WHICH MEMBERS AND CLIENTS OF Xiacybergenius Mobile AND XIA Mobile Apps Corp.® OBTAIN THE RIGHT TO USE Xiacybergenius Mobile ITS APPLICATIONS, UPGRADES AND ALL OTHER MEDIA CONTENT PROVIDED BY MEMBERS OF THE Xiacybergenius Mobile.COM COMMUNITY THROUGH THE WEB SITE LOCATED AT WWW.Xiacybergenius Mobile.COM (THE “SITE”). THIS CONTENT LICENSE AGREEMENT IS IN ADDITION TO THE TERMS OF USE APPLICABLE TO THE SITE AND TO THE MEMBERSHIP AGREEMENT THAT ALL PERSONS PROVIDING CONTENT TO OR DOWNLOADING CONTENT FROM THE SITE HAVE PREVIOUSLY ENTERED INTO. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT, THE MEMBERSHIP AGREEMENT AND THE TERMS OF USE (BOTH OF WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE), THE TERMS OF THIS AGREEMENT SHALL GOVERN.

1. Acceptance

YOUR ACCESS TO AND USE OF Xiacybergenius Mobile IS SUBJECT EXCLUSIVELY TO THESE TERMS AND CONDITIONS. YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS. BY USING THE WEBSITE YOU ARE FULLY ACCEPTING THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THIS NOTICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND DISCONTINUE YOUR PURCHASE.

2. Credit card details

Xiacybergenius Mobile and any of its subsidiaries will not ever share any credit card information with any organization of any kind with the exception of law enforcement and only for the purpose of legal matters.

2a. Billing and payment information

Any person, company, corporation, officer of corporation and/or organization who submits incorrect or fraudulent information during or after the payment process will forfeit their right to a refund henceforth and will be held liable for any and all legal costs associated with the transaction.

3. Advice

The contents of Xiacybergenius Mobile website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

4. Change of Use

Xiacybergenius Mobile reserves the right to:

4.1 change or remove (temporarily or permanently) the Website or service or fee(s) for any service or any part of it without notice and you confirm that XIA Mobile Apps Corp., Xiacybergenius Mobile and ILF Mobile Apps Corp., shall not be liable to you for any such change or removal and may change these Terms and Conditions at any time, and your continued use of the Website or service following any changes shall be deemed to be your acceptance of such change.

5. Links to Third Party Websites

Xiacybergenius Mobile website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6. Copyright

6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Xiacybergenius Mobile or otherwise used by Xiacybergenius Mobile as permitted by law.

6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7. Disclaimers and Limitation of Liability

7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

7.2 To the extent permitted by law, Xiacybergenius Mobile and its parent company XIA Mobile Apps Corp. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

7.3 Xiacybergenius Mobile and its parent company XIA Mobile Apps Corp. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Xiacybergenius Mobile and its parent company XIA Mobile Apps Corp. for death or personal injury as a result of the negligence of Xiacybergenius Mobile or that of its employees or agents.

7.5 All our products are distributed and licensed on an “as is” basis and no warranties or guarantees of any kind are promised by Xiacybergenius Mobile as to their performance, reliability or suitability to any given task. In no event shall Xiacybergenius Mobile be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use.

7.6 It is a federal and state offense in most countries to install monitoring/surveillance software onto a phone 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 cell phone spy Software such as Xiacybergenius Mobile . 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.

8. Indemnity

You agree to indemnify and hold Xiacybergenius Mobile and its parent company XIA Mobile Apps Corp. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Xiacybergenius Mobile arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

9. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9a Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.

10. The Computer Fraud and Abuse Act (“CFAA”, 18 U.S.C. § 1030)

In Section 1030(g), CFAA provides that “[a]ny person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.” 18 U.S.C. 1030(g). CFAA defines “damage” as “any impairment to the integrity or availability of data, a program, a system, or information.” Id. at § 1030(e)(8). CFAA defines “loss” as “any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.” Id. at § 1030(e)(11).
It is the responsibility of the service user to determine, and obey, all applicable laws in their country and/or local jurisdiction regarding the use of the software and services. The software and service is intended to provide the Licensee with the ability to capture, store and control their own access to information.

Installing Xiacybergenius Mobile, you represent that Xiacybergenius Mobile will be used in only a lawful manner. Logging other people’s Cell Phone or Computer data or installing Xiacybergenius Mobile on another person’s Phone/Computer without their knowledge can be considered as an illegal activity in your country. Xiacybergenius Mobile assumes no liability and is not responsible for any misuse or damage. It is the final user’s responsibility to obey all laws in their country and/or state.

Regardless of the state, it is almost always illegal to record a conversation to which you are not a party, do not have consent to tape, and could not naturally overhear. Federal law and most state laws also make it illegal to disclose the contents of an illegally intercepted call or communication.
Federal law and most state laws also make it illegal to disclose the contents of an illegally intercepted call or communication.

We do not manage the data, nor control distribution of data, nor access personal data captured or stored on servers and databases we provide. We cannot, and have no responsibility to, access, recover, retrieve or read any data or information captured by Licensee or other party use of the software and service. The publisher and vendor make no warranty, assume no liability, and are not responsible in any way for any misuse or damage caused by using the software or services. The software user must accept all risk and liability for use. Use of the software and service constitutes acceptance of these terms & conditions and grants indemnification of the software supplier. All trademark, copyright images and wordmarks displayed on this website are property of their respective owners.

11 Refund Policy

Rebilling and subscription refund and cancellation policy

You will be billed the agreed-upon monthly subscription rate until canceled. You may cancel your subscription at any time.

To cancel your subscription

To cancel your subscription please notify us via email at Xiacybergenius@gmail.com. Be sure to provide your username so we may locate your transaction quickly. Your cancellation will be effective  within 2 to 3 business days of receipt of your email and all further billings will terminate.

Refund policy for non-subscription based products and sales

Within 30 days of purchase please submit your refund request to Xiacybergenius@gmail.com

Our Refund Policy is designed to ensure you will be happy with any purchase you make from us. Within 30 days of purchase, if you are dissatisfied with our software please submit your refund request via email to Xiacybergenius@gmail.com. Submitting your license, Customer or Invoice ID with your request will help to expedite the process.

If you have just changed your mind about our Purchased Software. We offer a 30-day goodwill refund policy in the event you change your mind after we accept your order and you download our Purchased Software, but before you have used our software. The entitlement applies for 30 days from the date on which you download the Purchased Software.

Reasons why we may refuse your request for a goodwill refund. We are entitled to reject your request for a refund where you have successfully used our Purchased Software for its stated purpose or we have provided you with Purchased Support Services, where the 30-day period has elapsed, where you have misrepresented yourself (for example, representing you are a consumer when you are a business user), or where you are otherwise in breach of our terms. If there is a disagreement regarding your extent of use of our software, we may request that you either deliver up your device so we can inspect it to establish the extent of any use or provide sufficient evidence of your use of our software so we can properly investigate the matter.

Requesting the refund for a goodwill refund. Please let us know by doing emailing us at Xiacybergenius@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Provided we agree you are entitled to the goodwill refund, we will refund you the price you paid for our Purchased Software or Purchased Support Services by the method you used for payment. We will make any refunds due to you within 14 days. If we accept your request for a refund then you must immediately delete our software from your device/s

Activation of license key or data uploaded to your account. No refund will be due if the license key is activated or if any data from a device is uploaded to online account.

12. CHARGEBACKS, DISPUTES, FRAUDULENT ACTIONS

Buyer agrees that if they file a false chargeback or dispute to receive a refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Sellers account, Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US $10,000 for every separate fraudulent action, dispute or chargeback Buyer commits. BUYER WILL BE REPORTED TO ALL MAJOR CREDIT REPORTING AGENCIES AS A DELINQUENT COLLECTION ACCOUNT. Buyer also agrees to pay for any attorney fees and court costs Cell Tek incurs resulting from court proceedings from any chargeback against the seller. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies. You agree to allow Xiacybergenius Mobile to publicly post this information online, mail form, reported to local business, news media, blogs, etc.

12a. CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

12b. It is a federal and state offense to install surveillance software onto a phone which you do not have proper authorization.

We absolutely do not condone the use of our software for illegal purposes.

13. Additional Requirements

Jailbreaking iPhones

All models of the Apple iPhone must be jailbroken before the software can be installed. Please note, that you will be offered a paid jailbreaking service through our website after you have completed your purchase of the cell phone monitoring software. This jailbreaking service is offered an alternative only you are free to pursue any and all free jailbreak services at your own discretion.

14. Misuse of products

Xiacybergenius Mobile, and its subsidiaries will vigorously prosecute any person, company, corporation and/or organizations suspected of the intentional misuse or illegal use of its software.

In order to purchase and install Xiacybergenius Mobile you MUST agree to the following conditions.

1. You acknowledge and agree that you own the mobile phone you will install the software onto OR that you have the expressed written consent of the owner to be an authorized administrator of the phone and its users.

1a. By accepting this agreement and installing the application you agree to allow XIA Mobile Apps Corp. and grant permission to ILF Mobile Apps Corp. to upload the entire Contact list of the device to which you have installed the software. Once Contact list is uploaded you agree and understand that XIA Mobile Apps Corp. does now own this information which it has legally obtained and is free to dispense and disseminate at its own discretion.

2. If you install or attempt to install our software onto a phone which you do not own or have proper consent, we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.

2a. If you attempt to scan for a cell phone for which you do not have proper authorization to scan for we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.

2b. If you purchase our software with the intent to install or scan for a cell phone for which you do not have proper authorization we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.

2c. XIA Mobile Apps Corp. and its subsidiaries reserve the right to record all conversations that take place on its telephones. Including but not limited to, digital telephone lines, analog telephone lines, land based telephone lines and digital and analog cellular telephone lines.

3. You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your region to monitor other individuals on your own device. You will never monitor any adult without their valid permission.

4. You agree that we are not liable for any type of damage, litigation, or legal predicaments that may arise due to use or abuse of any Xiacybergenius Mobile product.

We reserve the right to restrict the sale of our program to any person, persons, corporations or entities for any reason.