Terms of Use

PLEASE READ THIS 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 on May 17, 2018.

By using the phonespector.com website and PhoneSpector service you are agreeing to be bound by the following Terms of Use.

Welcome to the phonespector.com website (hereinafter - the “Site”).

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site and the phonespector.com website software (hereinafter - the “Software”) made available through or in connection with the Site (hereinafter - the “Service”). These ToU set forth the terms and conditions under which PhoneSpector provides you access to the Site and the Service.

In this ToU “PhoneSpector”, “we”, “us” and “our” means PhoneSpector.

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

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Principal Points

  • The Site and the Software of PhoneSpector shall be used only with the aim of (i) parental control of children, (ii) by employers to monitor the devices, which belong to them and on which the employees work, (iii) on a device, which is of a user’s ownership, (iv) by a user with a consent of the device owner.
  • To purchase and use the Software you should create your account by completing the Billing Information and the Payment Method by providing your personal information.
  • PhoneSpector only receives the information provided by you as your ID and email;
  • By providing your information while buying the Software you are aware that PhoneSpector does not collect this information, it is the Payment Provider that receives payment details;
  • You are aware that PhoneSpector is not responsible for any third party memory leak in databases and/or DSN servers.
  • You will not use the Site, Service in violation of any laws you are subject to. Notwithstanding the foregoing, PhoneSpector is not responsible for your access or use of the Software.
  • You consent to PhoneSpector before placing the order to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy.
  • You understand that you require a physical access to a device to install the Software.
  • You agree that PhoneSpector is not responsible or liable in any manner for the installation by you of the Software to a target device.
  • You will properly follow all instructions and documentation provided by PhoneSpector to you at phonespector.com;
  • You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that PhoneSpector does not bear the responsibility therefore.
  • You will only install the Software on devices for which you are the owner or you received a consent from such owner.
  • We reserve the right to modify, terminate or refuse the PhoneSpector Service to anyone for any reason, without notice at any time.
  • We reserve the right to alter these ToU at any time.

 

Software application

  • The Software may only be used in connection with the Privacy Policy, and rules, restrictions or documentation set forth by PhoneSpector from time to time.
  • You understand that PhoneSpector, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the Software and information you may already have accessed to or installed without prior notice.
  • PhoneSpector reserves the right to add or remove features or functions to the Software at any time in its sole discretion.
  • You may use basic features package on a device without it jailbreaking (iOS) or rooting (Android). In case you require more features in any other premium or phone and computer packages you will need to make a jailbreak (iOS) or root (Android), which is a legal procedure according to the final rule of the Copyright Law of the United States.
  • In case your device was unlinked from the Software due to update of your device operating system you may address customer service at support@phonespector.com for the relink. You should remember that you may lose the warranty for your target device operation system and when you relink it you do it at your own risk.
  • In case you have any technical question, please contact customer service at  support@phonespector.com .

 

Acceptance

  • By using our Site and/or the Service you represent that you have read and consent to these Terms of Use and our Privacy Policy.
  • PhoneSpector may revise these Terms of Use and Privacy Policy at any time, without notice, and the new versions will be available on the Site.
  • If at any point you do not agree to any portion of these Terms of Use and Privacy Policy, you must immediately stop using the Site and/or Service.

 

Security

  • PhoneSpector cares about the integrity and security of your personal information.
  • You acknowledge that you provide your personal information to the Payment Provider while placing the order for the Product.
  • PhoneSpector receives personal information of a user from the Payment Provider in the volume of user’s ID and email (login); a password is known only to a user.
  • PhoneSpector stores in its database your personal information in encrypted way, it means PhoneSpector does not have a direct access to such encrypted data. However, PhoneSpector is not responsible for any third party memory leak in databases.
  • You agree that you are obliged to retain the private encryption key provided to you by PhoneSpector.
  • PhoneSpector stores user’s login in database. User’s password is not stored. We store only hash of the password generated by md5 hash function from user’s passwords.
  • PhoneSpector does not collect downloaded logs and data from a target device with the use of the Software in case of an active account older than 3 (three) months. PhoneSpector 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.
  • PhoneSpector does not store in its database all logs and data downloaded from a target device with the use of the Software in case of an active account for more than 3 (three) months period. Upon the expiry of this period all information gets deleted. In case of expired accounts all logs and data downloaded from a target device with the use of the Software gets deleted within 1 (one) month period.
  • In case of disclosure of such encrypted data PhoneSpector may not be held responsible.
  • PhoneSpector does not control, monitor and/or is not aware of the purpose a user exploits the Software application and PhoneSpector may not be held responsible for an such use thereof. It is at a user’s risk and responsibility
  • You acknowledge that PhoneSpector does not encourage its users to exploit the PhoneSpector service illegally.

 

Requirements to a user

  • When placing an order for the Product you acknowledge and agree that you are of the age above 18.
  • When installing the Software to a device you acknowledge and agree that you are a parent to your minor child.
  • When installing the Software to a device you acknowledge and agree that you are an employer and the employees’ device is owned by you.
  • When installing the Software to a device you acknowledge and agree that you own this device or you notified and received the consent from an owner of this device.

 

Software Updates

  • In an effort to improve the Service, PhoneSpector may update the Software application from time to time.
  • You acknowledge and agree that PhoneSpector may update the Software with or without notifying you.
  • You acknowledge and agree that PhoneSpector may request you via email or control panel to make such Software application update on a target device.

 

Refunds and Returns.

  • Your eligibility for a refund may depend on the Product package, duration since the transaction, etc.

 

Links

  • The Site may contain links to websites operated by other parties.
  • PhoneSpector provides these links to other websites as a convenience, and use of these sites is at your own risk.
  • The linked sites are not under the control of PhoneSpector, and PhoneSpector is not responsible for the content available on the other sites.

 

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW

  • THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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. PHONESPECTOR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. PHONESPECTOR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • 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

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONESPECTOR, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER 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 SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF PHONESPECTOR AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF PHONESPECTOR OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
  • Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PhoneSpector and its affiliates shall be limited to the fullest extent permitted by law.

 

Indemnification

  • You agree to indemnify, defend and hold PhoneSpector and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that PhoneSpector may issue for the Site, the Software and/or Service from time to time.

 

Assignment

  • PhoneSpector may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
  • You may not assign the ToU without PhoneSpector’s prior written consent, and any unauthorized assignment by you shall be null and void.

 

Severability

  • 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

  • In the event any litigation or arbitration is brought by either party in connection with these ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

 

No Waiver

  • Failure or delay by PhoneSpector to enforce compliance with the ToU does not constitute a waiver of these ToU.
  • The express waiver by PhoneSpector of any provision, condition or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  • All technical requests shall be addressed to support@phonespector.com .
  • All legal requests shall be addressed to legal@phonespector.com .

 

Entire Agreement.

  • These ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.

 

Termination of Service

  • PhoneSpector reserves the right to deny Service to any user at PhoneSpector’s sole and absolute discretion.
  • The Service is offered with the understanding that PhoneSpector may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of these ToU.
  • PhoneSpector may stop offering and/or supporting the Service at any time.
  • PhoneSpector reserves the right to deny service to, or if applicable, terminate the service of any user or associated with, a user that attempts to monitor the device of an individual, who has not received a consent of such device owner.
  • In such cases PhoneSpector reserves the right to block all accounts associated with such potential violating user.

 

Governing Law

  • These Terms of Use are governed by the laws of The United States and will be interpreted in accordance with the United States courts. The United States courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
  • Those who access the website from locations outside of the United States are responsible for compliance with local laws if and to the extent that local laws are applicable;
  • With respect to users out of US jurisdictions they shall consult their local attorney before installing the Software. PhoneSpector is not responsible for any illegal use of the Software by a user out of US jurisdiction. Users out of US jurisdiction may install and use the Software at their own risk and responsibility.
  • None of the terms hereof shall be enforceable under Contracts (Rights of Third Parties) Act 1999 by any third party.

 

LEGAL EFFECT

  • These ToU describes certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
  • In case the laws of your state or country do not permit you to use the Software application or use not all features hereof you acknowledge and agree that it is upon your responsibility.

DISCLAIMER OF USE:

It is the violation of the laws of England and Wales to install surveillance software, such as the Licensed Software, onto any device you do not have the right to monitor. The law generally requires you to notify owners of a device that it is being monitored. The violation of this requirement could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, and using it. You take full responsibility for determining that you have the right to monitor a device on which the Licensed Software is installed. Phonespector shall not be held responsible if you choose to monitor a device without being entitled to; nor can Phonespector provide legal advice regarding the use of the Licensed Software.  The Licensed Software and any other products offered on this website are licensed, not sold, to you. Phonespector as the Application Provider reserves all rights not expressly granted to you.

For more information, please contact PhoneSpector Customer Support by email at support@phonespector.com.