Welcome to BestieSpy! These Terms of Service ("Terms") govern your access to and use of the BestieSpy website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1Acceptance of Terms
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
3Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Service. We may also change our eligibility criteria at any time.
4Account Registration
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to disable any user account at any time, including if you have failed to comply with any of the provisions of these Terms.
5User Content
Our Service allows you to view content from third-party platforms. You acknowledge that BestieSpy does not create, control, or endorse any content viewed through our Service, and we are not responsible for the accuracy, availability, or reliability of such content.
By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute any content you submit, post, or display on or through the Service for the purpose of providing and promoting the Service.
6Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Service for any illegal purpose or in violation of any laws or regulations
- Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the Service or servers or networks connected to the Service
- Attempting to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
- Using the Service to stalk, harass, bully, or harm others
- Collecting or harvesting any personally identifiable information from the Service
- Using the Service for any commercial solicitation purposes without our prior written consent
- Circumventing, disabling, or otherwise interfering with security-related features of the Service
- Using automated methods or scripts to access or scrape data from the Service
7Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
8Subscriptions and Payments
Some aspects of the Service may be provided for a fee. If you elect to use paid features of the Service, you agree to pay all applicable fees. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
For subscription-based services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.
We reserve the right to change our prices at any time. If we change pricing for a subscription service, we will provide notice of the change through the Service or via email at least 30 days before the change takes effect.
9Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BESTIESPY AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NEITHER BESTIESPY NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.
11Limitation of Liability
IN NO EVENT SHALL BESTIESPY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN SOME JURISDICTIONS, THE FOREGOING LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12Indemnification
You agree to defend, indemnify, and hold harmless BestieSpy, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party.
13Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of BestieSpy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BestieSpy.
14Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BESTIESPY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BESTIESPY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
