Terms & Conditions
USER LICENSE AGREEMENT
THIS AGREEMENT GOVERNS THE TERMS BY WHICH MEMBERS AND CLIENTS OF THE XERXES APP USE THE XERXES APP, UPDATES, AND ALL OTHER CONTENT PROVIDED BY XERXES APP MEMBERS THROUGH THE WEBSITE xerxe.app (THE “SITE”). THIS CONTENT LICENSE AGREEMENT IS IN ADDITION TO THE SITE TERMS OF USE AND THE MEMBERSHIP AGREEMENT THAT ALL PERSONS PROVIDING CONTENT TO OR DOWNLOADING CONTENT FROM THE SITE HAVE ALREADY ENTERED INTO. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT, THE MEMBERSHIP AGREEMENT, AND THE SITE TERMS OF USE (BOTH OF WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE), THIS AGREEMENT SHALL PREVAIL.
Agreement
USE OF XERXES IS SUBJECT TO THESE TERMS AND CONDITIONS. YOU MAY NOT USE THE SITE FOR ANY ILLEGAL PURPOSES OR IN VIOLATION OF THESE TERMS AND CONDITIONS. BY USING THE SITE YOU AGREE TO THESE TERMS, CONDITIONS AND DISCLAIMERS. IF YOU DO NOT AGREE, STOP USING THE SITE AND DISCONTINUE YOUR ORDER.
Credit card details
XERXES and any of its subsidiaries will never share your credit card details with anyone for any reason except for law enforcement and only for legal matters.
Billing And Payment Information
Anyone who submits incorrect or fraudulent information during or after the payment process will forfeit their right to a refund and will be held responsible for any costs associated with the transaction.
Advice
The information on the XERXES website is not advice and should not be relied upon in making or refraining from making any decisions.
Change of Use
XERXES reserves the right to:
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 XERXES shall not be liable to you for such change or removal.
2. 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.
Third Party Websites
The XERXES website may include links to other websites which are beyond the control of XERXES. Any link to other website is not an endorsement of such website and you acknowledge and agree that we are not responsible for the content or availability of such sites.
Copyright
1. All copyright, trademarks 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 associated with the Website) are owned by or licensed to XERXES or otherwise used by XERXES as permitted by law.
2. By accessing the Website you agree that you will only use the content for personal, non-commercial purposes. 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 downloading, copying and/or printing pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitations of Liability
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.
2. To the extent permitted by law XERXES and its parent company will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data or profits) arising out of or in connection with the use of the Website.
3. XERXES and its parent company make no warranty that the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that hosts the Website is free of viruses or anything else which may be harmful or destructive.
4. Nothing in these Terms and Conditions shall be construed to exclude or limit the liability of XERXES and its parent company for death or personal injury as a result of the negligence of XERXES or its employees or agents.
5. All our products are distributed and licensed on an “as is” basis and no warranties or guarantees of any kind are made by XERXES as to their performance, reliability or suitability to any particular task. In no event shall XERXES be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other which may arise from its use.
6. It is a federal and state offense in most countries to install monitoring/surveillance software onto a phone that 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 monitoring Software such as XERXES. You must always notify a person they are being monitored if they are over 18. Federal or local law governs the use of some types of software; it is the responsibility of the user to follow such laws.
Indemnity
You agree to indemnify and hold XERXES and its parent company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses arising from any claims or actions brought against XERXES as a result of your breach of these Terms and Conditions or your use of this website.
Severance
If any of these Terms and Conditions are found to be invalid, illegal or unenforceable by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall remain in full force and effect and shall continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Refund Policy
Refund claims must be related to the program’s performance as described on our website and if the program does not function correctly. If you are not fully satisfied with XERXES services you can request a refund within 14 days from the date of purchase. XERXES is not responsible for any features not listed on the website and refund claims for such cases will not be accepted. Before downloading or installing XERXES make sure your device is compatible with the software. You can contact our support team to benefit from our technical follow-up.
Refund Terms:
1. Only first subscription purchased can be refunded.
2. No refund requests will be accepted after 14 days of subscription purchase.
3. Each user can only get one refund.
4. Refund for personal reasons will not be accepted.
5. If you don’t have access to the target device, you can’t request a refund.
6. If you can’t install XERXES on compatible OS, refund request will not be accepted.
7. If the device loses connection with XERXES due to accidental deletion, phone reset or internet disconnection, you can request reinstallation for the remaining period but refund for the lost period won’t be given.
8. It’s the buyer’s responsibility to check the program’s compatibility with the target device before purchasing a subscription. Refund will not be given to users who purchase the software for incompatible smartphones. If you purchase subscription for an incompatible smartphone, we can pause your subscription until you get a compatible device.
Security
To access XERXES dashboard, you must remember the password you set during registration. Keep your access credentials safe and don’t share it with anyone. In case of any security breach or unauthorized use of your account, notify XERXES support. If you think your password is compromised, change it now and choose a strong one.
Misuse of products
XERXES will pursue to the fullest extent any individual, company, corporation and/or organization that misuses or uses our software illegally. To buy and install XERXES you MUST agree to the following:
1. You acknowledge and agree that you are the owner of the mobile phone you will install the software onto or you have the written permission of the owner to be the administrator of the phone and its users.
2. If you install or try to install our software onto a phone you don’t own or don’t have permission for, we will cooperate with the authorities as much as possible.
3. You agree to check all local, state and federal laws to make sure you are not breaking any laws in your area. It may be illegal in your area to monitor someone on your own device. You will never monitor an adult without their permission.
4. We are not liable for any damage, lawsuit or legal trouble that may occur due to the use or misuse of any XERXES product.
USE DISCLAIMER
It is against the law in many countries to install surveillance software, like the Licensed Software, onto a device you don’t have the right to monitor. The law generally requires you to notify the owner of the device that it is being monitored. Not doing so could result to heavy fines and criminal penalties to the violator. You should consult your own lawyer about the legality of using the Licensed Software in the way you intend to use it before downloading, installing and using it. You are fully responsible to determine if you have the right to monitor a device where the Licensed Software is installed. XERXES will not be held liable if you choose to monitor a device without having the right to it; nor can XERXES provide legal advice on the use of the Licensed Software. The Licensed Software and any other products offered on this website are licensed, not sold, to you. XERXES as the Application Provider reserves all rights not granted to you.
We Reserve The Right
We reserve the right to restrict the sale of our program to any person, persons, corporations, or entities for any reason.