These terms of service (TOS) govern your access to and use of SpyDialer.com, its smartphone apps and API service as used by third party websites who utilize the Spy Dialer API to incorporate our service into their sites/services, hereafter referred to as “the Service”. Your use of the Service is on the condition of your acceptance of and compliance with our TOS. By using the Service, you agree to abide by these TOS.
GENERAL USAGE (all users):
You acknowledge that Spy Dialer, Inc. reserves the right to discontinue your use of the Service, with or without cause, with or without notice.
As a free user or pay subscriber of the site, you agree to release all liablity for any and all claims against Spy Dialer, Inc., its officers, principals, third part contactors and employees. Use of SpyDialer.com, its smartphone applications and service as used by third party websites who utilize the Spy Dialer API to incorporate our service into their sites/services is solely at the user’s risk.
Spy Dialer, Inc. is a service that is “as-is” and “as available”. We make no warranties as to reliability of Service. Service outages may exist, and the Service may cease to operate altogether. In either case, users of the Service shall have no claim against Spy Dialer, Inc. for real or punitive damages.
All voicemail recordings, system records of usage and records of phone numbers created by the Service are property of Spy Dialer, Inc. Users of SpyDialer.com are granted limited license to use these items for personal, non-commercial use only.
Subscriptions to Spy Dialer are non-refundable unless the request for such refund is within 48 hours of starting the subscription or making 10 spy dials, whichever comes first. If you are uncertain if you want this service, we suggest you test it with the free version before signing up.
We do not issue credits for failed Spy Dials due to the many variables outside of our control including “not in service” phone numbers, phone numbers that are fowarded to landlines, dropped connections, etc. Although we do our best to identify and not charge for failed Spy Dials, some are inevitable. Sorry, these failed spy dials are not refundable and credits will not be issued.
You may self-cancel your account by using the Cancel Account option in your customer control panel.
We close inactive accounts. We do not offer the ability to reactivate a closed account and recover stored customer data.
You are responsible for the security of your own password. If your account password is stolen or misused, you are solely responsible for the loss of any service used by unauthorized access with your password. We recommend you monitor your account for unauthoized usage.
You can only access stored voicemail recordings for 30 days. However, if this and other data is lost prior to 30 days, your sole recourse will be to request additional credits equal to the lost records.
You agree to abide by our TOS and you agree to require your users of the API to abide by this TOS.
You agree to indemnify and hold harmless Spy Dialer, Inc. against any and all claims by yourself and by users of your service and/or third parties claiming damages from the use of the Service via your site, service or app. You agree to include in your TOS a general release of liability against Third Party service providers covering all claims including but not limited to interruption of service and termination of service. You acknowledge that Spy Dialer, Inc. is a Third Party service provider.
You will take reasonable steps to assure that Spy Dialer is not used to harrass or annoy any person. You agree to make the opt-out option of our service avalable to users or visitors to your service.
You acknowledge that we may cease API service at anytime without warning, although we will do our best to provide reasonable notification.
“Spy Dial” and “Spy Dialer” and “SpyDialer.com” are trademarks of Spy Dialer, Inc. and may not be used without our expressed written permission.
CONTROLLING LAW AND JURISDICTION:
This TOS and any action related thereof will be governed by the laws of the State of California. All claims and legal actions will be brought in the courts of Riverside county and you consent to the use of these courts and waive any objection based on inconvenient forum.
TOS dated July 9, 2011.