Terms of Service

1. Agreement to Terms

By accessing or using the OgyMogy website at ogymogy.com ("Site"), creating an account, downloading the OgyMogy application, or purchasing a subscription, you agree to be bound by these Terms of Service ("Terms") and by the Privacy Policy, Billing Policy and Disclaimer, all of which are incorporated here by reference.

If you are using OgyMogy on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Eligibility

To use OgyMogy, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract in your jurisdiction
• Not be prohibited from using the service under applicable law
• Not have had a previous OgyMogy account terminated for violation of these Terms

OgyMogy is not intended for use by minors as account holders. If you are under 18, you may not create an account or use the service. OgyMogy's parental monitoring features are intended to be configured by a parent or guardian on behalf of monitoring their minor child's device.

3. Account Registration

To access OgyMogy's monitoring features, you must register for an account by providing a valid email address and password. You agree to:

• Provide accurate and complete information at registration and keep it current
• Maintain the security of your account credentials and not share your password with any third party
• Notify OgyMogy immediately at [email protected] if you believe your account has been compromised
• Accept responsibility for all activity that occurs under your account, whether or not you authorized it

You may only hold one active OgyMogy account. Creating duplicate accounts to circumvent restrictions, obtain additional free trials or evade a prior account suspension is a material violation of these Terms.

OgyMogy reserves the right to refuse registration, suspend or terminate accounts at its sole discretion, including where it suspects fraudulent, abusive or non-compliant activity.

4. Permitted Use

OgyMogy grants you a limited, non-exclusive, non-transferable, revocable license to use the OgyMogy service for the following lawful purposes only:

• Parental monitoring — monitoring a device owned by you or your household that is used by your minor child (under 18) in your role as parent or legal guardian
• Employer monitoring of company devices — monitoring devices owned by your business or organization that are assigned to employees, in compliance with applicable employment law and with any legally required notice or consent obtained from employees prior to monitoring
• Personal device monitoring — monitoring your own device, or monitoring a shared household device that you own

In each case, you represent and warrant that you have the legal authority to install and operate monitoring software on the relevant device(s) under the laws of your jurisdiction, and that your use complies with all applicable federal, state, local and international laws.

5. Prohibited Use

You may not use OgyMogy to:

• Monitor any individual without lawful authorization — including a spouse, intimate partner, former partner, adult family member, roommate, friend, colleague or any other person whose device you do not own and have no legal right to monitor
• Stalk, harass, intimidate, threaten or abuse any person
• Facilitate domestic violence, coercive control or any form of physical, emotional or psychological abuse
• Intercept communications in violation of the Electronic Communications Privacy Act (ECPA), the Wiretap Act, the Stored Communications Act or any equivalent state or international law
• Circumvent, disable or interfere with security features of the OgyMogy service or any monitored device
• Attempt to gain unauthorized access to OgyMogy's systems, servers, databases or the accounts of other users
• Reverse engineer, decompile, disassemble or attempt to extract the source code of the OgyMogy application
• Resell, sublicense, redistribute or commercially exploit the OgyMogy service without written authorization
• Use the service for any purpose that violates applicable law or regulation
• Use the service in connection with child exploitation, human trafficking or any other criminal activity

OgyMogy cooperates fully with law enforcement investigations into prohibited use of its service and will provide account information and captured data in response to valid legal process.

6. Subscriptions and Payment

Access to OgyMogy monitoring features requires an active paid subscription. Subscription terms, pricing, payment methods, billing cycles, renewal conditions, refunds and cancellation are governed by the Billing Policy, which is incorporated into these Terms. The following key points apply:

• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date
• Each license covers one device on the platform specified at the time of purchase
• You authorize OgyMogy to charge your payment method for all subscription fees
• A 30-day money-back guarantee applies to first-time purchases under the conditions stated in the Billing Policy
• Accounts terminated for Terms of Service violations are not eligible for refunds

7. Intellectual Property

OgyMogy and its licensors own all intellectual property rights in the OgyMogy service, including the software, website, documentation, trademarks, logos and all related materials. Nothing in these Terms transfers any ownership of these rights to you.

The license granted in Section 4 is the entirety of your rights to the OgyMogy software. You may not copy, modify, distribute, sell, lease, sublicense or create derivative works from any part of the OgyMogy service without OgyMogy's prior written consent.

"OgyMogy" and associated logos are trademarks of OgyMogy and may not be used without permission.

8. Monitored Data and Your Responsibilities

When you use OgyMogy to monitor a device, you as the account holder are the data controller for all data captured from that device. OgyMogy acts as a data processor, storing and presenting that data in your account on your behalf. You are solely responsible for:

• Ensuring that your collection, storage and use of monitored data complies with all applicable privacy, wiretapping and computer access laws in your jurisdiction
• Obtaining any consents, providing any notices and complying with any disclosure requirements imposed by applicable law before initiating monitoring
• The content and use of any data you collect through OgyMogy
• Any decisions or actions you take based on information captured by OgyMogy

OgyMogy does not review, validate or verify the accuracy of monitored data, and does not take responsibility for any decisions or consequences arising from your use of that data.

For details of how OgyMogy handles your account data and monitored device data, see the Privacy Policy.

9. Service Availability and Changes

OgyMogy provides the service on a commercially reasonable efforts basis but does not guarantee uninterrupted or error-free availability. The service may be temporarily unavailable due to scheduled maintenance, emergency repairs, infrastructure failures or events outside OgyMogy's reasonable control.

OgyMogy reserves the right to modify, suspend or discontinue any part of the service at any time, with or without notice. OgyMogy also reserves the right to change these Terms, the features included in a subscription, supported device compatibility and any other aspect of the service.

If OgyMogy materially reduces the features included in an active subscription, it will notify affected subscribers by email and will offer a pro-rata credit or refund for any prepaid period during which the reduced service applies.

10. Third-Party Services and Applications

OgyMogy's monitoring features capture data from third-party applications installed on monitored devices. OgyMogy is not affiliated with, endorsed by or in partnership with any third-party application developer whose app data may be captured through the service.

Compatibility with specific third-party applications depends on their current version and implementation. Third-party developers may release updates that affect OgyMogy's ability to capture data from their applications. OgyMogy does not guarantee ongoing compatibility with any specific third-party application.

The OgyMogy website may link to third-party websites. OgyMogy is not responsible for the content, accuracy or privacy practices of any linked third-party site.

11. Disclaimer of Warranties

The OgyMogy service is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, OgyMogy expressly disclaims:

• Any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement
• Any warranty that the service will be uninterrupted, error-free, secure or free from harmful components
• Any warranty regarding the accuracy, reliability, completeness or timeliness of monitored data
• Any warranty that the service will capture all activity on a monitored device or that all features will function on all supported device configurations

You acknowledge that you use OgyMogy at your own risk and that the service does not replace the advice of legal, medical, mental health or other qualified professionals.

12. Limitation of Liability

To the maximum extent permitted by applicable law, OgyMogy and its affiliates, officers, employees and licensors will not be liable for:

• Any indirect, incidental, special, consequential, exemplary or punitive damages
• Any loss of data, loss of profits, loss of business, loss of goodwill or other intangible losses
• Any damages arising from your use of or inability to use the service
• Any damages arising from unauthorized access to your account, even if OgyMogy was advised of the possibility of such damages
• Any legal liability, fines, penalties or third-party claims arising from your non-compliant use of the service

In jurisdictions that do not permit the exclusion of liability, OgyMogy's total aggregate liability to you for all claims arising from or related to these Terms or the service will not exceed the greater of (a) the total subscription fees you paid to OgyMogy in the twelve (12) months preceding the claim or (b) one hundred US dollars (US$100).

13. Indemnification

You agree to indemnify, defend and hold harmless OgyMogy and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the OgyMogy service in violation of these Terms or applicable law
• Your installation of OgyMogy on any device without lawful authority to do so
• Your collection or use of monitored data in violation of applicable privacy or wiretapping laws
• Any third-party claim arising from your use of the service
• Your violation of any third party's rights, including privacy rights, intellectual property rights or right of publicity

14. Termination

Termination by you

You may close your account at any time through Account Settings or by contacting [email protected]. Closing your account cancels your subscription effective at the end of the current billing period. Data retention following account closure is governed by the Privacy Policy.

Termination by OgyMogy

OgyMogy may suspend or terminate your account and access to the service immediately and without prior notice if:

• You breach any provision of these Terms, particularly any provision in Sections 4 or 5
• OgyMogy is required to do so by law, court order or regulatory authority
• Your account is used for any prohibited purpose, including unauthorized surveillance or abuse
• You initiate a fraudulent chargeback against OgyMogy
• Your payment method fails and is not resolved within the grace period specified in the Billing Policy
• OgyMogy determines in its sole discretion that continued service creates legal or reputational risk

Accounts terminated for violations of Sections 4 or 5 are not eligible for refunds. OgyMogy may refer terminated accounts to law enforcement where appropriate.

Effect of termination

Upon termination, your license to use the service ends and you must cease all use of the OgyMogy application. Sections 7, 11, 12, 13, 15 and 16 of these Terms survive termination.

15. Dispute Resolution

Before initiating any formal dispute, you agree to contact OgyMogy at [email protected] to attempt to resolve the matter informally. OgyMogy will make reasonable efforts to resolve the dispute within 30 days of receiving your written notice.

Binding arbitration

If informal resolution fails, any dispute arising from or related to these Terms or the OgyMogy service will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA) rather than through a court proceeding, except as provided below. The arbitration will be conducted in English on an individual basis.

Class action waiver

You agree to resolve disputes with OgyMogy on an individual basis and waive any right to bring or participate in a class action, collective proceeding or representative action against OgyMogy.

Exceptions

Notwithstanding the above, either party may seek emergency or interim injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration, and claims of intellectual property infringement are excluded from mandatory arbitration.

If the class action waiver above is found unenforceable by a court of competent jurisdiction, the arbitration clause in this section will not apply, and any disputes will be resolved in the courts specified in Section 16.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States and the state in which OgyMogy's principal place of business is located, without regard to its conflict of law provisions.

For any disputes not subject to mandatory arbitration under Section 15, you consent to the exclusive jurisdiction of the federal and state courts located in OgyMogy's principal jurisdiction. If you are a consumer resident in a jurisdiction whose laws require disputes to be resolved in local courts, the above does not override any mandatory consumer protection rights you hold under applicable local law.

17. Changes to These Terms

OgyMogy reserves the right to modify these Terms at any time. When changes are made, OgyMogy will:

• Update the "Last updated" date at the top of this page
• Notify you by email at the address registered to your account if the change materially affects your rights
• Post the updated Terms on this page

Your continued use of OgyMogy after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the service and close your account before the changes take effect.

Previous versions of these Terms are available on request from [email protected].

18. Contact

For questions about these Terms, contact OgyMogy at:

• Legal inquiries: [email protected]
• Abuse reports: [email protected]
• General support: [email protected]
• Contact form: ogymogy.com/contact