TERMS OF SERVICE – AUTHORIZED MONITORING SOFTWARE
Last Updated: 27th september 2025
Applies to: All software, websites, dashboards, and services offered by Wintego spy software (“Company,” “we,” “us,” or “our”)
Legal Review Disclaimer: These Terms have been drafted with compliance principles aligned with US federal and EU privacy frameworks. You are responsible for obtaining your own legal review for your specific jurisdiction and use case.
1. ACCEPTANCE OF TERMS
By accessing our website, purchasing, downloading, installing, or using any of our software products (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not purchase, install, or use the Service.
These Terms incorporate by reference our:
[Consent Logging Policy]
2. ELIGIBILITY
You may only use the Service if you:
Are at least 18 years of age (or the age of majority in your jurisdiction)
Are not located in a country subject to US or EU sanctions or embargoes
Have not previously been banned from our Service for violating these Terms
Are legally authorized to install monitoring software on the target device under all applicable local, state, federal, and international laws
By using the Service, you represent and warrant that your monitoring activities are fully legal and that you have obtained all necessary consents or court orders.
3. PERMITTED USE & LICENSE
We grant you a non-exclusive, non-transferable, revocable, personal license to install and use the Service solely for the following lawful purposes:
| Use Case | Conditions |
|---|---|
| Parental monitoring | You are the legal parent/guardian of a minor child, you own the device, and the child is aware of monitoring (age-appropriate) |
| Employer monitoring | You own or represent a business, the device is company-owned, and employees have signed a written monitoring policy |
| Self-monitoring | You are monitoring a device you personally own and that only you use |
| Court-ordered monitoring | You possess a valid, unexpired court order authorizing the specific monitoring activities |
Any use outside these four categories is strictly prohibited and constitutes a material breach of these Terms.
4. PROHIBITED USES (ZERO TOLERANCE)
The following uses are absolutely forbidden. Violation will result in immediate account termination, permanent ban, and referral to law enforcement:
Spying on a spouse, romantic partner, ex-partner, or dating partner
Monitoring any adult without their explicit written consent
Installing on a device you do not own or legally control
Using “stealth,” “hidden,” or “undetectable” features where local law requires notification
Recovering deleted messages, ambient audio, or webcam footage without a court order
Keylogging in any jurisdiction where it is illegal (including EU, UK, Canada, Australia, and two-party consent US states)
Selling, sharing, or publishing any monitoring data to third parties
Using the Service to stalk, harass, extort, intimidate, or commit any crime
Bypassing or attempting to bypass any consent requirement, notification, or technical restriction
5. CONSENT & LEGAL COMPLIANCE (YOUR SOLE RESPONSIBILITY)
You, and you alone, bear 100% of the legal responsibility for determining whether your monitoring activities are lawful.
We do not provide legal advice. We do not warrant that any particular use is legal in your jurisdiction. We strongly recommend that you consult with a qualified attorney before installing or using the Service.
5.1 Consent Log Requirement
The Service includes a mandatory Consent Log feature. Before any monitoring feature can be enabled, you must:
Select your legal basis (parental, employer, self, court order)
Upload or digitally sign a valid consent document
Certify under penalty of perjury that your use is legal
Select your jurisdiction, which may automatically disable certain features
If a valid Consent Log does not exist, all monitoring features remain disabled.
5.2 No “Stealth” Without Compliance
Where local law requires notification (e.g., two‑party consent states, EU, UK, Canada), the Service will display a persistent notification icon on the monitored device. Attempting to hide or remove this icon violates these Terms and may be illegal.
6. FEATURE RESTRICTIONS BY JURISDICTION
The Service automatically detects or allows you to select your jurisdiction. Certain features will be partially or fully disabled based on that selection:
| Feature | Disabled In |
|---|---|
| Keylogging | EU, UK, Canada, Australia, CA, FL, IL, MD, MA, MI, MT, NV, NH, PA, WA (US) |
| Deleted message recovery | All jurisdictions unless court order uploaded |
| Ambient microphone activation | All jurisdictions except one‑party consent states where monitor is party to conversation |
| Hidden webcam capture | All jurisdictions – webcam requires visible indicator |
| Stealth mode (no icon) | All jurisdictions except employer‑owned devices with signed policy and where legally permitted |
You may not attempt to spoof or change your jurisdiction to enable restricted features. Doing so is a breach of these Terms and may constitute computer fraud.
7. ACCOUNT SECURITY & DATA
You are responsible for maintaining the security of your account and monitoring dashboard. You agree to:
Use a strong, unique password
Enable two-factor authentication if offered
Not share your login credentials with any unauthorized person
Immediately notify us of any unauthorized access or breach
We are not responsible for monitoring data that is exposed, stolen, or misused due to your failure to secure your account.
8. DATA RETENTION & PRIVACY
We collect minimal personal data required to operate the Service (email, payment info, consent logs). We do not sell or share monitoring data with any third party except:
To comply with a valid court order, subpoena, or law enforcement request
To enforce these Terms
To protect our legal rights or prevent fraud
Monitoring data (screenshots, logs, recordings) is stored on our servers only as long as necessary for your legitimate monitoring purpose, and you may delete it at any time. We do not access, view, or use your monitoring data except to provide technical support if you explicitly grant us access.
See our [Privacy Policy] for full details.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your use of the Service (including any monitoring activity)
Your violation of these Terms
Your violation of any law or third-party right
Any claim that your monitoring activities were illegal or non‑consensual
This indemnification survives termination of these Terms and your use of the Service.
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
WE DO NOT WARRANT THAT:
The Service will be uninterrupted, error‑free, or secure
The Service will comply with the laws of your specific jurisdiction
Any monitoring data will be accurate or complete
The Service will protect you from legal liability
You assume all risk associated with using the Service.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [YOUR COMPANY NAME] BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE PAST 12 MONTHS.
Some jurisdictions do not allow certain liability limitations. In such cases, our liability shall be limited to the fullest extent permitted by law.
12. TERMINATION
We may terminate or suspend your license and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
Any breach of these Terms (especially prohibited uses)
Suspected illegal or non‑consensual monitoring
Chargeback, payment fraud, or disputed transaction
Request by law enforcement
Upon termination, you must immediately uninstall the Service from all monitored devices and delete all monitoring data in your possession. We may also delete your account and associated data.
13. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country] , without regard to conflict of law principles.
Mandatory Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by [Arbitration Association, e.g., JAMS or AAA] , rather than in court. The arbitration shall take place in [Your City, State] , and shall be conducted in English.
Exception: Either party may seek injunctive or equitable relief in court to prevent unauthorized use of the Service or violation of intellectual property rights.
Class Action Waiver: You agree to bring any dispute against us only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time. If we make material changes, we will notify you by email or via your account dashboard. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
15. CONTACT INFORMATION
For legal notices, compliance questions, or to report unauthorized use of our Service:
Email: legal@[yourdomain].com
Mail: [Your Company Address]
Report unauthorized monitoring: abuse@[yourdomain].com
For attorney inquiries only: legalsupport@[yourdomain].com
16. SEVERABILITY & ENTIRE AGREEMENT
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between you and [Your Company Name] regarding the Service and supersede all prior agreements, understandings, or representations.
BY PURCHASING, DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE LIABILITY LIMITATIONS, INDEMNIFICATION, AND ARBITRATION PROVISIONS.
Wintego spy– Legal, consent‑based monitoring only. Unauthorized surveillance is a crime.