YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT:
- Use the SpyFone Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the SpyFone Services, features that prevent or restrict use or copying of any content accessible through the SpyFone Services, or features that enforce limitations on use of the SpyFone Services;
- Intentionally interfere with or damage operation of the SpyFone Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or Use any robot, spider, scraper or other automated means to access the SpyFone Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the SpyFone Services or modify the SpyFone Services in any manner or form, nor to use modified versions of the SpyFone Services, including (without limitation) for the purpose of obtaining unauthorized access to the SpyFone Services.
- Sell or transfer or allow another person to access your account password or SpyFone Services account.
- Download, Install or Activate SpyFone on a smartphone that is not owned by you.
- Breach the federal and government laws of your country by downloading, installing or activating SpyFone Software on someone’s smartphone.
- Collect data using SpyFone software from a smartphone, which is not owned by you without the knowledge and consent of the owner of the smartphone.
- 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.
- 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.
- Your SpyFone account may have several subscriptions.
- When placing your order, you should complete the billing information and the payment method by providing your personal information.
- 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.
- 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.
- You may choose from three different SpyFone subscription options, including 1 month, 3 month, and 12 month plans.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- You are responsible for all activities that occur under your SpyFone account.
- 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.
- 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.
- 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.
- 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.
- In case you forgot your password to the account, you are permitted to restore access with your private encryption key.
- 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.
- 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.
- 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.
- SpyFone uses its database to store your encrypted personal information. SpyFone does not have direct access to this encrypted data.
- SpyFone is not responsible for any third party data leaks, memory leaks, or other data integrity problems in our databases.
- You agree that you are obligated to retain the private encryption key provided to you by SpyFone.
- 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.
- 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.
- 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.
- 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.
- 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.
- You acknowledge that SpyFone does not encourage its users to exploit the SpyFone service illegally.
You agree that SpyFone may terminate or suspend your access to the SpyFone Services without prior notice and without liability if such termination or suspension is based on (a) SpyFone good faith belief you have violated any of the terms and conditions of this Agreement, (b) SpyFone determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the SpyFone Services or (d) non-payment of any fees owed to SpyFone. These remedies are in addition to any other remedies SpyFone may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless SpyFone, its affiliated companies and its suppliers and partners (including, without limitation, SpyFone’s wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the SpyFone Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. SpyFone reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SpyFone OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, SpyFone’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE SpyFone SERVICES, EVEN IF SpyFone HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SpyFone’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, SpyFone’S WIRELESS CARRIER PARTNERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SpyFone SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
RESERVATION OF RIGHTS
The SpyFone Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of SpyFone or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Spyfone Services is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the SpyFone Software; (b) modify, adapt, translate or create any derivative works of the SpyFone Software or attempt to do the foregoing; (c) attempt to circumvent or disable the SpyFone Software or any technology, features or measures in the SpyFone Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the SpyFone Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the SpyFone Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the SpyFone Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the SpyFone Software or used in connection with the SpyFone Software
USER DATA AND LOCATION DATA
The SpyFone Services may allow the submission of content and materials by you (” User Data “), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them.
SpyFone assumes any data that is uploaded using the SpyFone service purchase by you is your data and hence will not be liable for anything to that data.
It is company policy that our customer databases remain confidential and private. We have not, will not, and won’t ever sell names to “spammers” or other parties who would like to use our databases to advertise or solicit their products or services.Your private information is safe with us.
We take all reasonable precautions to protect the privacy of your information. When you submit sensitive information via the SpyFone website, your information is protected online as well as offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by the presence of a closed lock icon at the bottom of your web browser, or seeing the letters “https” at the beginning of the URL address of the web page.
To ensure the absolute security of your data, we recommend you download your data regularly & delete it from your account. We automatically delete all data that is more that 90 days old. We hold no back up for your private data so deleting your information makes it permanently inaccessible.
MODIFICATION OF THIS AGREEMENT
Spyfone may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the spyfone.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use the SpyFone Services after those changes are posted.