Terms Of Use

PLEASE READ OUR TERMS OF USE CAREFULLY.

THESE TERMS AND CONDITIONS ARE BINDING.

We are updating our Terms of Use. Our updated Terms of Use will be effective from February 21, 2018.

By using the SpyFone.com website and SpyFone software, you are agreeing to be bound by the following terms of use.

Welcome to the SpyFone.com website (hereinafter referred to as the website or site).

These Terms of Use (hereinafter referred to as the “terms and conditions”, the “terms of use”, or “ToU”) explain the terms and conditions applicable to your access and use of the website and the SpyFone.com software (hereinafter referred to as SpyFone or the software) made available through or in connection with the website. These ToU set forth the terms and conditions under which SpyFone provides you access to the website and the software.

In this ToU, “SpyFone”, “we”, “us”, and “our” mean SpyFone.

YOUR USE OF THE WEBSITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSITTUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT SPYFONE MAKES FROM TIME TO TIME.

Principal Points

  1. The website and the SpyFone software shall be used only with the aim of (i) parental control of children, (ii) by employers to control the devices that belong to them and/or on which the employees work, (iii) on a device that the user owns, and (iv) by a user with the consent of the device owner.
  2. To purchase and use the SpyFone software, we recommend creating your account by completing the billing, information, and payment method section of your account by providing your personal information.
  3. SpyFone only receives the information provided by you as your ID and email.
  4. By providing your information while buying the SpyFone software, you are aware that SpyFone does not collect this information. The payment provider receives payment details and certain information.
  5. You are aware that SpyFone is not responsible for any third party data leaks or memory losses in databases and/or DSN servers.
  6. You will not use the website in violation of any laws you are subject to. Notwithstanding the foregoing, SpyFone is not responsible for your access or use of the SpyFone software and/or website.
  7. You consent to reading the compatibility policy before placing your order, and you confirm that you check the requirements of your target device according to the stipulations outlined in our compatibility policy.
  8. You understand that you require physical access to a device to install the software.
  9. You agree that SpyFone is not responsible or liable in any manner for the installation by you of the software to a target device.
  10. You agree to correctly follow all instructions and documentation provided by SpyFone to you at SpyFone.com or through our customer service channels.
  11. You agree that you will not allow any other third party to access your account or to use the SpyFone software. In case you accidentally grant access to your account to a third party, you acknowledge that SpyFone does not bear any responsibility.
  12. You will only install the SpyFone software on devices for which you are the owner, or on devices for which you have received consent from the owner of the device.
  13. We reserve the right to alter these ToU at any time.

Subscription

  1. To subscribe to the SpyFone service (hereinafter referred to as “the service” or “the SpyFone service”), you will need to place a SpyFone order or make a SpyFone purchase.
  2. The service provides the defined products to be ordered by a user. The products’ packages depend on your device, the quantity of features you select, and any additional subscription plan options or customer support options you may choose to order.
  3. Your SpyFone account may have several subscriptions.
  4. When placing your order, you should complete the billing information and the payment method by providing your personal information
  5. After you purchase the SpyFone software or SpyFone service, your credentials (including but not limited to your login and password) will be sent to your email so you can access your SpyFone service, including your account and control panel.
  6. You should download your private encryption key from your control panel or receive it to the email indicated in your subscription. Keep or remember this private encryption key as it may be required to restore access to your account and subscriptions in the future.
  7. You may choose from three different SpyFone subscription options, including 1 month, 3 month, and 12 month plans.
  8. You are aware that you may use the software and/or the SpyFone service for more than one target device when purchasing one subscription plan, but you have to reinstall it on your own.
  9. Your subscription will automatically renew unless you de-select the auto renew option at least 24 hours prior to the end of your current SpyFone subscription period.
  10. If you do not de-select the auto renew option, then your provided payment method will be charged for the next subscription plan period. You can take the auto renew option on or off at any point during your subscription period. Visit your SpyFone control panel or account to alter your automatic renewal preferences.
  11. You may never use another user’s account without their explicit permission. When creating your account, you must provide us with accurate and complete information.
  12. You are exclusively responsible for any activity that occurs on your SpyFone account. It is your responsibility to keep your account access information secure and to prevent unauthorized access to your account by any third parties.
  13. You may not share or transfer any SpyFone account, SpyFone software, and/or SpyFone subscription. You are forbidden from disclosing your password to anyone else.
  14. You must notify SpyFone immediately of any breach of security or unauthorized use of your account. Notify SpyFone immediately if you believe your account information and/or access credentials may have been compromised.
  15. SpyFone will not be liable for any losses caused by any unauthorized use of your account by any third party, unauthorized individual, and/or unauthorized organization.
  16. You may interact with the SpyFone service and the SpyFone software through your account dashboard and control panel by changing settings that are made available to you. You are permitted to enable or disable auto renew for your SpyFone subscription.
  17. You are responsible for all activities that occur under your SpyFone account.
  18. You agree not to create or access a SpyFone account using a false identity or information, or to access an account on behalf of someone other than yourself.
  19. You agree not to create an account or use the SpyFone service and/or SpyFone software if your account has been previously removed by SpyFone, or if you have been previously banned from using SpyFone for any reason.
  20. You are permitted to cancel any SpyFone account you own at any time. Follow the instructions on the SpyFone website to cancel any account registered to you.
  21. If you voluntarily terminate a SpyFone account or allow that account to lapse, then you may reactivate that account at any time through the control panel on the SpyFone website. Accounts terminated by SpyFone for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of the SpyFone service, the monitoring of all devices on which the SpyFone software is installed shall cease, and any information you have submitted on the site or that which is related to your account may no longer be accessed by you.
  22. In case you forgot your password to the account, you are permitted to restore access with your private encryption key.

Software Application

  1. The SpyFone software can only be used in compliance with the service and end user license agreement, including any rules, restrictions, or documentation set forth by SpyFone from time to time.
  2. SpyFone reserves the right to update its end user license agreement periodically as it sees fit. It is the user’s obligation to comply with all updated terms and conditions as outlined in the SpyFone license agreement and all relevant documentation.
  3. You understand that SpyFone, at its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the SpyFone software and information you may already have accessed or installed without prior notice.
  4. SpyFone reserves the right to add or remove features or functions on the SpyFone software or service at its sole discretion.
  5. You may use the SpyFone basic features package on a device without jailbreaking it (iOS) or rooting it (Android). If you require more features in any other premium or phone and computer packages, then you will need to jailbreak it (iOS) or root it (Android), which is a legal procedure defined by the Copyright and Related Rights Regulation 2003 (UK), or by the laws of any country or jurisdiction under which you currently reside and/or abide.
  6. In situations where your smartphone, tablet, computer, or other device was unlinked from the SpyFone software due to an update of the device operating system, you may contact customer service at info@spyfone.com in order to reactivate. You should remember that you may lose the warranty for your target device’s operation system, and that when you re-activate the software, you’re doing so at your own risk.
  7. If you have any technical questions, we recommend contacting our customer support team at info@spyfone.com.

Acceptance

  1. By using our site and/or the service, you represent that you have read and consent to these terms of use (ToU) and our end user license agreement (EULA), as well as all other relevant information and documentation, including but not limited to the SpyFone privacy policy, the SpyFone refund policy, the SpyFone.com website cookie policy, and the SpyFone compatibility policy.
  2. SpyFone may revise, modify, or alter the ToU, EULA, privacy policy, refund policy, cookie policy, and compatibility policy at any time, without notice. We agree to make the new versions of these documents immediately available on the SpyFone.com website.
  3. If at any point you do not agree to any portion of the ToU, EULA, privacy policy, refund policy, cookie policy, and/or compatibility policy, then you must immediately stop using the SpyFone.com website, the SpyFone.com service, and/or the SpyFone.com software.

Security

  1. SpyFone cares about the integrity and security of your personal information. We will take all reasonable precautions to safeguard customer information, including but not limited to contact information, personally identifiable information (PII), and payment details.
  2. You acknowledge that you provide your personal information to the payment provider when placing your order for the SpyFone software and related SpyFone services or subscriptions.
  3. SpyFone receives the personal information of a user from the payment provider consisting of the user’s ID and email (login). Only the user knows his or her password, and SpyFone and/or the payment provider does not know the user’s password.
  4. SpyFone uses its database to store your encrypted personal information. SpyFone does not have direct access to this encrypted data.
  5. SpyFone is not responsible for any third party data leaks, memory leaks, or other data integrity problems in our databases.
  6. You agree that you are obligated to retain the private encryption key provided to you by SpyFone.
  7. SpyFone stores the user’s login information in our database. The user’s password is not stored. SpyFone only stores a hash of the password generated by the md5 hash function from user’s passwords.
  8. SpyFone does not collect downloaded logs and data from a target device (i.e. a device on which the SpyFone software is installed) in case of an active account older than 3 (three) months. Additionally, SpyFone does not collect downloaded logs and data from a target device with the use of the software in case of an expired account older than 1 (one) month.
  9. SpyFone does not store in its database all logs and data downloaded from a target device with the use of the SpyFone software in case of an active account for more than 3 (three) months. Upon the expiry of this period, all information will be deleted. In case of expired accounts, all logs and data downloaded from a target device with the use of the SpyFone software will get deleted with a 1 (one) month period.
  10. In case of disclosure of such encrypted data, including any logs, personal information, contact information, and/or payment information, SpyFone will not be held responsible.
  11. SpyFone does not control, monitor and/or is not aware of the reason a user exploits the SpyFone software application, and SpyFone may not be held responsible for any such use thereof. It is a user’s risk and responsibility to use the software according to the ToU and all applicable documentation. SpyFone is not responsible for any unauthorized use and/or improper access of the SpyFone software.
  12. You acknowledge that SpyFone does not encourage its users to exploit the SpyFone service illegally.

Requirements for Users

  1. When placing an order for the SpyFone software, the SpyFone website, and/or a SpyFone subscription, you acknowledge and agree that you are at or above the age of 18.
  2. When installing the software onto a device owned by a child, you acknowledge and agree that you are the parent to your minor child.
  3. When installing the software to a device, you acknowledge and agree that you are an employer and that the employee’s device is owned by you.
  4. When installing the software to a device, you acknowledge and agree that you own this device or you notified and received consent from an owner of the device regarding your use of the software and SpyFone’s capabilities.

Compatibility of Target Device

  1. You are aware that before placing an order for the SpyFone software or subscription that you have carefully read and abided by our compatibility policy.
  2. You are aware that before installing the SpyFone software that you have checked the compatibility requirements pertaining to your target device.
  3. In situations where your device is not compatible with our SpyFone compatibility policy, you may not install and use the SpyFone software.
  4. If you fail to comply with the compatibility policy before the subscription, then you agree that it is your responsibility and that you will not be refunded.
  5. In case you have failed to comply with the SpyFone compatibility policy prior to installation, you agree that it is your responsibility and that you will not be refunded.
  6. You understand that you may be required to jailbreak (iOS) or root (Android) your device in order to use the SpyFone software in compliance with our compatibility policy.

Software Updates

  1. In our ongoing efforts to improve our service and quality, SpyFone may update the software application from time to time.
  2. You acknowledge and agree that SpyFone may update the software with or without notifying you.
  3. You acknowledge and agree that SpyFone may request you via email or your user dashboard or control panel to update your software application on a target device.

Free Trials

  1. Subscription to the SpyFone software may begin with a free trial period. During this trial period, you’re eligible to try the service for 7 (seven) days from the date you place the order. This period is hereinafter referred to as the “Free Trial” period.
  2. You are required to enter your billing information in order to place the order and subscribe for the SpyFone free trial.
  3. When the free trial expires, you will be automatically charged for the chosen package and the next subscription plan unless you turn off the auto renewal option in your control panel or account.
  4. You are permitted to cancel your use of SpyFone and all related services at any point during your free trial period.
  5. Upon canceling your SpyFone free trial, you will immediately lose all access to the SpyFone software, the SpyFone service, and all related platforms, including any data and information stored within your account.
  6. Any unused portion of the free trial period will be forfeited when you purchase a SpyFone subscription plan.
  7. SpyFone reserves the right to modify, cancel, or limit the free trial without notice at any time. We will strive to update our users on any applicable free trial updates as soon as possible.

Refunds and Returns

  1. Please review the SpyFone refund policy (including the 14 day cooling off period). SpyFone may offer a money back guarantee if you are unsatisfied with the software, provided you meet the restrictions and requirements outlined in our refund policy.
  2. Your eligibility for a refund may depend on the SpyFone package, subscription plan, the length of time since the transaction took place, and/or other conditions.

Links

  1. The SpyFone website contains links to websites operated by third parties.
  2. SpyFone provides these links to other websites as a convenience. Users access these websites and links at their own risk.
  3. Any linked websites are not under the control of SpyFone, and SpyFone is not responsible for the content available on third party websites. SpyFone will not take responsibility for any damages incurred by users as a result of visiting these third party websites.

Intellectual Property

  1. Logos, SpyFone, and Spy Fone are trademarks and/or service marks of Support King LLC.
  2. Unauthorized use of any SpyFone and Spy Fone trademark, service mark, logo, or content is a violation of US trademark laws and any relevant intellectual property laws.
  3. The SpyFone website, service, and software are protected by US and international copyright laws, including any laws pertaining to your jurisdiction in addition to US copyright laws under which SpyFone abides.
  4. All intellectual property in the design and layout of SpyFone, the SpyFone website, and the material and information published on the pages of the SpyFone website belongs to SpyFone and its licensors. You are not permitted to copy any part of the site or otherwise do anything in relation to any part of the site aside from the following:
    1. You may print or download to a local hard disk pages from our SpyFone website for your own personal and non-commercial use only.
    2. In material issued to third parties, you may only quote from this site provided that such quote is not used in a misleading context and that you give due credit to both the author and to SpyFone
  5. You are not permitted to otherwise use, reproduce, download, access, and/or modify the SpyFone website or material contained with it in any manner other than those listed above without first obtaining the prior written permission of SpyFone.
  6. Any images that appear on this website with an acknowledgement to the licensed material include restrictions on downloading such material for anything other than personal and non-commercial use, and prohibit republication, retransmission, reproduction, or other use of the SpyFone licensed material, copyright, trademarks, license marks, and/or other similarly protected materials.

Location

  1. The SpyFone website and the SpyFone service are hosted and operated by Support King LLC in the United States.

DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. THE SPYFONE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS AVAILABLE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPYFONE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SPYFONE WEBSITE, NOR DOES SPYFONE MAKE ANY WARRANTY OF THE PERFORMANCE OF THE SPYFONE WEBSITE OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SPYFONE WEBSITE AND THE SPYFONE SERVICE IS AT YOUR SOLE RISK. SPYFONE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SPYFONE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. ADDITIONALLY, SPYFONE DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICE ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
  2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPYFONE, ITS AFFILIATES, ITS LICENSORS, AND ITS BUSINESS PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “THE RELATED PARTIES” OR “THE AFFILIATED PARTIES”) DISCLAIM ALL LIABILITY, WHERE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SPYFONE WEBSITE, THE SPYFONE SOFTWARE, AND/OR THE SPYFONE SERVICE, EVEN IF SPYFONE AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Without limiting the foregoing, in no situations shall the liability of SpyFone or any of the related parties exceed the greater of $50 or the amount you paid to SpyFone or its designees during the six (6) months prior to the time of action giving rise to liability arose.
  3. Some states do not allow the exclusion of or the limitation of liability for consequential or incidental damages. Because of the laws of these states and jurisdictions, the liability of SpyFone and its affiliates shall be limited to the fullest extent permitted by law.

Indemnification

  1. You agree to indemnify, defend, and hold SpyFone and the affiliated parties harmless from any and all claims, demands, damages, and/or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the SpyFone website, the SpyFone software and/or the SpyFone service or any breach by you of these ToU or any other policies that SpyFone may issue for the website, including but not limited to the end user license agreement (EULA), the privacy policy, and the compatibility policy, and any other documentation issued by SpyFone for the SpyFone software and the service from time to time.

 Affiliate Partners

  1. SpyFone gives users the opportunity to become affiliates, hereinafter referred to as the “affiliate” or “SpyFone affiliate”.
  2. You are permitted to submit an application to become a SpyFone affiliate.
  3. If you become a SpyFone affiliate, you must comply with the SpyFone affiliate program operating agreement and all related documentation provided to you by us.
  4. You acknowledge that SpyFone is not responsible for the actions of its affiliates.
  5. You acknowledge your awareness that SpyFone’s official websites include SpyFone.com, and that we reserve the right to update the list of official websites in the future.
  6. SpyFone is not responsible for any other websites and their content.

Assignment

  1. SpyFone may assign these terms of use (ToU), in whole or in part, to any person or entity at any time with or without your consent.
  2. You may not assign the ToU without SpyFone’s prior written consent, and any unauthorized assignment by you shall be null and void.

Severability

  1. If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Attorneys’ Fees

  1. If a situation occurs that requires any litigation or arbitration brought by either party in connection with these terms of use, the prevailing party shall be entitled to recover from the other party all reasonable costs associated with the litigation or arbitration process, including but not limited to attorneys’ fees and other expenses incurred by the prevailing party during the litigation procedure.

No Waiver

  1. Failure or delay by SpyFone to enforce compliance with the ToU does not constitute a waiver of these ToU.
  2. The express waiver by SpyFone of any provision, condition, or requirement of these ToU and/or all applicable documentation shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

Notices

  1. All notices given by you or required under this ToU shall be in writing and addressed to: Support King LLC 5900 Isla Verde Ave Suite 164, Carolina PR 00979
  2. All technical requests, customer service requests, and general inquiries shall be addressed to info@spyfone.com
  3. All legal requests, litigation inquiries, and other similar requests shall be addressed to info@spyfone.com

Entire Agreement

  1. These terms of use (ToU), including the documents expressly incorporated by reference, constitute the entire agreement between you, the SpyFone user, and us with respect to the SpyFone website, the SpyFone software, and any and all services provided by SpyFone. These ToU supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the SpyFone website, the SpyFone software, and/or the SpyFone service, among other related products and services offered by us.

Termination of Service

  1. The SpyFone service may be terminated upon the expiration of the subscription.
  2. SpyFone reserves the right to deny service to any user at SpyFone’s sole and absolute discretion.
  3. The SpyFone service is offered with the understanding that SpyFone may terminate any subscription and/or your access to the SpyFone service at any time, for any reason, and for no reason whatsoever, including without limitation for any violation of these ToU and all related documentation.
  4. SpyFone may stop offering and/or supporting the SpyFone service and/or software or website at any time.
  5. SpyFone reserves the right to deny service to, or, if applicable, terminate the service of, any user that attempts to monitor the device of an individual who has not received the consent of the device owner, or any user or entity affiliated with a user who violates the terms of service in this manner.
  6. SpyFone reserves the right to block all accounts associated with users who violate the ToU in the above manner.

Governing Law

  1. These terms of use (ToU) are governed by the laws of the United States of America and will be interpreted in accordance with the American courts. The American courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
  2. Those who access the website from location outside of the United States of America are responsible for complying with local laws if and to the extent that local laws are applicable.
  3. With respect to users outside of US jurisdictions, these users shall consult their local attorney before installing the SpyFone software. SpyFone is not responsible for any illegal or unauthorized use of the SpyFone software by a user outside of the US jurisdiction. Users outside of the US jurisdiction are permitted to install and use the software at their own risk and responsibility.

Legal Effect

  1. These ToU describe certain legal rights. You may have other rights under the laws or your state, country, or applicable jurisdiction. These ToU do not charge your rights under the laws of your state or country.
  2. In situations where the laws of your state or country do not permit the use of the SpyFone software and/or all its features hereof, you acknowledge and agree it is your responsibility to cease using the software pursuant to all applicable laws.

For more information, please contact the SpyFone customer support team at info@spyfone.com. Our customer service agents are standing by to handle any requests or to answer any questions you might have about SpyFone’s terms and conditions.