These Terms of Service (“Terms”) govern your access to and use of Spambusters, Inc.’s websites and apps, collectively referred to as our Services (“Services”). These Services are owned and operated by Spambusters, Inc. (“Spambusters,” “us,” “we,” or “our”). By accessing or using Spambusters’ Services, you agree that you (“you” or “User”) are bound by these Terms, our Privacy Policy, and any amendments or supplements to them (collectively, the “Agreement”).
If you use our Services, your consent to these Terms is enforceable in the same way as if you had signed this Agreement. If you do not agree, do not use these Services.
What We Do
Spambusters is a technology-driven company that provides automation services to users. We provide an app called Spambusters that allows Users to report telephone spam, track down the spammers, and pursue action against them. We may also provide additional legal services for users who need them and can work with attorneys in all 50 states.
Using Our Services
By using our Services, you warrant and affirm that your use of these Services is lawful and complies with all regulations and your Agreement with these Terms and our Privacy Policy. You must only use our Services for lawful purposes, and you are prohibited from using it in any way that infringes on the rights of others or restricts or inhibits anyone else’s use of the Services.
You must be at least 18 years of age or older to use any of our Services. When you create a Spambusters account, sign an agreement with Spambusters, or otherwise provide information to Spambusters, you must provide us with fully accurate information.
You are prohibited from copying, reproducing, renting, leasing, or selling content retrieved from Spambusters or the Services, and from modifying, distributing, or reposting code or content from the same for any purpose. You are prohibited from creating or using a false identity to use Spambusters or these Services and from collecting or storing personal data about others. You are prohibited from attempting to gain unauthorized access to the Services that are restricted from general access. You are prohibited from reverse engineering or creating derivative works based on any of our Services, the content of the same, or any layout or design without Spambusters’ express written consent authorizing you specifically to do so.
These Services may require you to download software to your phone or other mobile or internet-accessible device. By using these Services, you agree that we can automatically update that software, and that these Terms apply to any current software or future updates.
Spambusters grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to these Terms and Conditions and other policies.
Legal Disclaimer
By agreeing to these Terms, no attorney-client relationship is created. If Spambusters is going to assist you in any legal matter, we will send you an agreement that will define the scope and obligations of the representation. This will be a separate agreement.
Spambusters will not provide legal advice through its Services. If you need legal advice, please consult with an attorney.
Reporting Responsibilities
If you use the Spambusters app, you agree that we can access your information that you authorize us to access within the Spambusters app. This may include your call logs and contact list, as well as any calls, text messages, screenshots, or voice recordings that you report as spam or that our system identifies as spam.
For any spam you report, you authorize Spambusters to pursue action against the spammers on your behalf, and may be asked to sign additional paperwork if needed, file a class action suit, or if the amount is high enough, appear in court.
Consent to Receive Calls
You authorize Spambusters (and any party acting on behalf of Spambusters) to contact you by phone call or text message, including using an automatic telephone dialing system, at any of the numbers you provide to Spambusters or at any of the numbers you verify when using our Services. You agree that you own these numbers or are authorized to provide consent for these numbers. Carrier message and data rates may apply.
No Attorney-Client Relationship
By agreeing to these Terms, no attorney-client relationship is created.
Intellectual Property
Spambusters has a copyright policy according to the Digital Millennium Copyright Act and other copyright laws. We respect the copyright and intellectual property rights of others. We may suspend or terminate your access if it appears you are infringing on our copyright or intellectual property, or on that of others. If you believe in good faith that your work has been copied, please direct inquiries to support@spambusters.com.
Access
Spambusters, Inc. makes our call reporting app freely available to the public; however, we have the right to refuse service to anyone. Spambusters, Inc. can suspend or terminate your right to access or use the call reporting app or our other services for any reason, with notice. We will only terminate your access without notifying you if you violate our Terms or Policies, or if there is a security concern. You agree that our Privacy Policy, Indemnification clause, and Arbitration clause are binding after termination.
Third Party Content
Spambusters, Inc.’s call reporting app currently does not contain third party content, links, sites, and services. We do not endorse any third parties or third party services and do not assume any responsibility for any access to such websites, apps, or other content or services not directly provided by Spambusters, Inc. If you access those services, you do so at your own risk. This includes the devices you use to download Spambusters, Inc.’s call reporting app and to access and use our other services. We cannot control those devices or what you put on them. You agree that Spambusters, Inc. bears no responsibility from your use or access of any third party website, service, product, device, or content.
Disclaimers
Our call reporting app and content are provided “as is,” without warranty or guarantees of any kind, whether implied or express. Spambusters, Inc. explicitly disclaims all warranties and guarantees or conditions or merchantability, fitness for any particular purpose, and non-infringement. Spambusters, Inc. explicitly disclaims any warranty or guarantee arising from or out of the course of dealing or usage of trade. Spambusters, Inc. bears no responsibility or liability for any third party or user content. You understand and agree that you may encounter inaccurate content or content not suitable for your purposes.
Indemnification
You agree to indemnify and hold Spambusters, Inc., its subsidiaries and affiliates, and their respective directors, officers, employees, and agents from any and against any claims, proceedings, lawsuits, legal disputes, demands, liabilities, liability, damages, losses, costs, and expenses in any way related to your use or access of our call reporting app, your use of those services on your personal devices, or your breach of any of these Terms, including Spambusters, Inc.’s Privacy Policy. This includes, without limitation, reasonable legal and accounting fees, and costs to defend against claims, suits, or proceedings, even if brought by third parties.
Security
Spambusters, Inc. works hard to protect your information from unauthorized third parties. You can help keep your information and that of others safe by creating a secure password and updating it. Notify us immediately if you suspect someone has used your account without your authorization or if your devices have been compromised. Keeping your contact information up to date and creating passwords that you don’t use on any other site or app can help keep you and everyone else safe. We will notify you immediately if we discover any security breaches involving your information.
Limits on Liability
By using our call reporting app, you warrant and affirm that your use of our Services is lawful and complies with all regulations and your agreement with these Terms and our Privacy Policy. Whether it happens directly or indirectly, SpamBusters, Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY OF THE FOLLOWING as a result of your access to or use of our Services, third party conduct or content, or unauthorized access, use, or alteration of the transmission of your information or content: indirect, incidental, special, or consequential or punitive damages, any loss of revenues or profits, loss of data, use, goodwill, or other intangible losses. This includes, without limitation, any User or third party defamatory, offensive, or illegal conduct. You agree that our aggregate liability for all claims relating to SpamBusters, Inc. or our Services may not exceed fifty U.S. dollars (U.S. $50.00).
SpamBusters, Inc. does not currently provide Services to consumers in the EEA. If we decide to provide those Services in the future and we cause damage to a consumer in the EEA, the above will not apply. Instead, our liability will be limited to foreseeable damages arising from breaches of material obligations within the contract that are typical for this type of contract. SpamBusters, Inc. will not be liable for damages that are a result of non-material breaches or other duties of care. Statutes may provide otherwise or prevent limitations on our liability. We cannot limit liability for death or personal injury caused by negligence or willful misconduct. We cannot limit or liability to exclude responsibilities if we specifically promised a service or outcome to you.
Notices
We reserve the right to revise these Terms at any time. The most current version will be posted on our website. If a revision affects you, we will notify you by email or other means. If you continue to use our Services after a revision is in effect, you agree that those revisions are binding.
Assignments or Transfer
You cannot transfer or assign these Terms to anyone else. Any attempted transfer or assignment violates these Terms and is null and void.
Severability
These Terms and policies (including the Privacy Policy) and any amendments or additional agreements you enter into with SpamBusters, Inc. or its subsidiaries constitute the entire and complete agreement between you and SpamBusters, Inc. concerning our Services. If any provision or clause of this agreement or Terms is deemed invalid or void, that provision will be limited to the minimum extent required and the remaining provisions of the Terms and Policies remain in full force and effect.
Waiver
If any part of these Terms is waived at any time, it cannot be considered a continuing waiver or a waiver of other terms. Our failure to assert a right or provision granted by these Terms is not a waiver of that right or provision. Any waiver must be agreed to by SpamBusters, Inc. in writing.
Governing Law and Venue
These Terms are construed and controlled by the laws of the State of Delaware, U.S.A., and you consent to the exclusive jurisdiction and venue in the state or federal courts in Delaware, U.S.A. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce or defend any rights or claims arising out of or relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees, costs and other expenses. This choice of jurisdiction provision does not prevent SpamBusters, Inc. from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.