Term of Use

General

This is the terms of use statement of the PhoneTracker. PhoneTracker is the provider of the PhoneTracker site (https://www.track-mobi.com/) which User can use. By using this site, User agrees with these Terms of Use.

User must accept these conditions before he can make use of the PhoneTracker web. If User does not agree with these Terms of Use, PhoneTracker will request User not to use this PhoneTracker website further. PhoneTracker advises anyone who uses the PhoneTracker web to regularly review the conditions in case of changes.

If one or more provisions of these terms and conditions are partially or fully void or voided, the remaining provisions of these terms and conditions will remain in effect and the void/voided provision(s) will be replaced by a provision with the same intent as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these terms and conditions, should be assessed and interpreted in the spirit of these terms and conditions.

By using the site, User agrees that PhoneTracker communicates about the services by means of messages (including electronic communication). If the web is mentioned, this also includes the online portal.

Privacy, Data Processing and Security

PhoneTracker will handle the (personal) data of the User with care. Personal data will only be processed in the context of providing the services of PhoneTracker. PhoneTracker will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy Statement of PhoneTracker.

Use of the PhoneTracker 

  1. PhoneTracker makes every effort to make the PhoneTracker web available to User. All services are carried out on the basis of an effort commitment. User has access to the PhoneTracker web after User has created an account.

  2. User is at all times responsible for all data and information which it places or allows to be placed on its account and /or the PhoneTracker web. If User suspects that the data provided by it is incorrect or incomplete, User will inform PhoneTracker immediately and provide the correct information. User must keep its own data up-to-date and can therefore adjust its data in its own account.

  3. PhoneTracker may impose further restrictions or conditions on the access to and use of certain parts or functions of the web, including but not limited to the creation of an account, the completion of a verification process and / or the meeting of specific quality or suitability criteria.

Obligations in Using the PhoneTracker

  1. User has at all times an independent responsibility for the use of the PhoneTracker. User is obliged to adhere to the following regulations during the use of the PhoneTracker. User must refrain from using the PhoneTracker:

  • to use manual or automated software, equipment or other processes to index or scrape the data used within the PhoneTracker on the Internet;

  • in a manner that involves illegal activities or activities contrary to morality or public order;

  • copying (parts of) the PhoneTracker website from PhoneTracker;

  • to otherwise cause harm to the interests of PhoneTracker.

  1. In the event of (possible) criminal acts, PhoneTracker is entitled to report these acts and to hand over the data provided by the User to the competent authorities, as well as to perform all acts which are required within the framework of the investigation. PhoneTracker is entitled to deny the User access to the PhoneTracker and/or to terminate the use of the PhoneTracker website.

  2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is for the account and risk of User.

  3. User is responsible for the proper security of the (mobile) device on which he uses the PhoneTracker website, as well as for the security and confidentiality of his own login details.

  4. Each User must create an account for the purpose of accessing and using the website.

  5. The account can be registered with an email address and a password, unless otherwise specified.

  6. The User is required to provide accurate and complete information during account registration and to keep the account updated at all times.

  7. The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possible unauthorized use of the account, User should immediately contact PhoneTracker. User is personally liable for all activities carried out through its own account, unless User can prove that it was not negligent. This includes in any case: failure to report the unauthorized use or loss of login data.

Access

  1. PhoneTracker only offers the use of the PhoneTracker website. PhoneTracker has no responsibility over and/or influence on the implementation of the offered services by the connected network operator.

  2. All information and numbers displayed on the PhoneTracker website are subject to spelling or typing errors.

  3. User shall ensure that all data, which PhoneTracker indicates is necessary or which User should reasonably understand is necessary for access and/or use of the PhoneTracker web, is provided to PhoneTracker in a timely manner.

  4. PhoneTracker is not liable for damages of any kind arising because PhoneTracker has relied on inaccurate and/or incomplete data provided by the User, unless such inaccuracy or incompleteness was known by PhoneTracker.

Availability PhoneTracker

PhoneTracker does not guarantee that the services will always meet the expectations created in advance. PhoneTracker strives to make efforts to provide the PhoneTracker web and access to the PhoneTracker web to the User without interruption, to the extent possible, but PhoneTracker does not guarantee the full availability of the PhoneTracker web at all times. PhoneTracker is entitled if and insofar as in its opinion there is a threat to the flawless operation of the PhoneTracker web and to suspend the use of the PhoneTracker web. PhoneTracker is also entitled to take all measures it reasonably deems necessary to ensure the effective functioning of the PhoneTracker web.

Notice and Takedown

If and to the extent that there is an infringement of the rights of PhoneTracker or third parties and/or unlawful conduct by User, PhoneTracker is entitled to shut down that part of the PhoneTracker web immediately or to exclude User from use. PhoneTracker will remove any infringing/harmful information immediately. In no event shall PhoneTracker be liable for any damages whatsoever, arising from the (temporary) closure of the service and / or the removal or transmission of data.

Faults and Repairs

If and insofar as User suffers a malfunction and/or the web is not installed properly or does not work, User can make use of remote assistance. User can contact PhoneTracker for this purpose via the contact information on the website of PhoneTracker.

Payment

  1. The right to use the PhoneTracker web is subject to a periodic fee payable by User for the overall use of the services of PhoneTracker. The contents hereof and the conditions applicable thereto are made available to User prior to entering into the agreement with PhoneTracker.

  2. If User does not meet its (payment) obligations arising from the agreement or these or any other conditions, PhoneTracker is entitled to terminate the agreement and/or to suspend or terminate the use of the PhoneTracker web.

Subscription and Refund

  1. If you subscribe to PhoneTracker, you will get a 15-Days trial for $0.99. In case you did not cancel the account, your subscription to the service is monthly for an amount of $39.99 and will be automatically renewed for the same period until its termination.

  2. Unless you cancel your subscription, you authorize us to charge the corresponding monthly subscription fee to your payment method. You can cancel your subscription to the PhoneTracker at any time, and you will continue to have access to it until the end of your monthly billing period. Refunds may be granted if the plan is canceled before the end of the billing cycle and the service has not been used or performed. To the extent permitted by law, if a service has already been performed during the month, then that month is non-refundable and we do not provide refunds or payments for partial monthly subscription periods. If not yet performed and you have followed the terms, you can request a refund within 14 days of the date of the transaction.

  3. To cancel our service or request a refund, feel free to contact us at:help@track-mobi.com

  4. In the event that the credit card with which you signed up for the service does not have funds at the time of payment, the account will be canceled at the time.

Limitation of Liability

  1. User shall indemnify PhoneTracker from the moment that User first uses the PhoneTracker web for all damages arising, except in the case of intent or gross negligence on the part of PhoneTracker.

  2. PhoneTracker shall not be liable or obliged for the proper performance of the contract by the network operator.

  3. PhoneTracker is not liable for damage which is or may be the result of (imperfect and / or incorrect) information on the PhoneTracker web or that of linked websites or webs.

  4. If the performance of the service leads to liability of PhoneTracker towards the User, such liability shall be limited to the costs charged by PhoneTracker in connection with the agreement with regard to direct damage. Direct damage is defined as reasonable costs incurred to limit or prevent direct damage, to establish the cause of the damage, the direct damage, the liability and the manner of recovery.

  5. In no event shall PhoneTracker be responsible for errors and/or irregularities in the functionality of the PhoneTracker web and shall not be liable for failures or unavailability of the PhoneTracker web for any reason or the loss and/or corruption of User's data and information.

  6. PhoneTracker does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of PhoneTracker, nor their timely receipt.

  7. PhoneTracker is not liable for the fact that the User has not received the account information, has not received it correctly and/or has not received it on time. At no time is PhoneTracker liable if User has not kept his login and/or account information in a secure place.

  8. All claims of the User due to failures on the part of PhoneTracker will expire if they are not reported to PhoneTracker in writing within one year. Any claim for compensation against PhoneTracker must always be reported in writing, but at the latest within one year after the User was aware or could reasonably have been aware of the facts on which he bases his claims. After this period such a claim expires.

Force Majeure

  1. PhoneTracker shall not be liable if it is unable to fulfill its obligations due to a force majeure situation, nor shall it be obliged to fulfill any obligation if it is prevented from doing so due to a circumstance that is not attributable to its fault, and which is not for its account under the law, a legal act or generally accepted practice.

  2. Force majeure shall in any case be understood to mean, but not be limited to, the relevant definitions in the law and in case law, (i) failure to properly fulfil obligations by suppliers or their suppliers, (ii) defectiveness of goods, equipment, software or materials from third parties, (iii) government measures, (iv) electricity failure, (v) failure of internet, data network and telecommunications facilities (e.g. as a result of cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of PhoneTracker and (xi) other situations which in the opinion of PhoneTracker are beyond its control and which temporarily or permanently prevent PhoneTracker from fulfilling its obligations.

  3. PhoneTracker is entitled to invoke force majeure if the circumstance preventing (further) performance arises after PhoneTracker should have fulfilled its commitment.

Agreement with Third Parties

PhoneTracker only provides a PhoneTracker website for User to use and has no influence on the arrangements and agreement between a User and third parties. User is responsible for providing correct and complete information to third parties. Any consequences of the inaccuracy and/or incompleteness thereof shall be for the account and risk of User.

Intellectual Property Rights

  1. It is explicitly forbidden for the User to infringe the intellectual property rights of PhoneTracker, as well as the good name of PhoneTracker. All intellectual property rights and copyrights of the PhoneTracker web, including graphic designs, ideas and the like relating to the PhoneTracker web are owned exclusively by PhoneTracker and are explicitly not transferred to User.

  2. User has a non-exclusive right to use the PhoneTracker web personally and for private use.

  3. The program of the PhoneTracker web remains at all times the property of PhoneTracker. The software will only work in combination with the agreement that User has entered into, and in accordance with the purpose for which the web serves. User is prohibited to make any indication in connection with the intellectual property rights of PhoneTracker or any legally required (trademark) signs, or indications of the PhoneTracker web unreadable, modify or remove.

General (sales) Conditions

The general (sales) conditions of PhoneTracker also apply to the use of the PhoneTracker website. In case matters are not explicitly regulated in these terms of use, reference is made to the (content of) the general (sales) conditions of PhoneTracker.

Complaints

  1. If User is not satisfied with the services provided through the PhoneTracker website, User is obliged to report these complaints as soon as possible, but no later than within 14 days after the relevant reason that led to the complaint. In case you have any questions about this terms of use, please reach out to us at help@track-mobi.com

  2. The complaint must be sufficiently substantiated and/or explained by User, in order for PhoneTracker to process the complaint and declare it justified.

  3. PhoneTracker will respond to the complaint as soon as possible, but within 14 days after receipt of the complaint at the latest.

  4. Failures and/or problems resulting from improper use are at the expense and risk of the User.

Amendments

PhoneTracker has the right to unilaterally modify these conditions. User will be notified of this as soon as possible. In any case, User can view the modified conditions via https://www.track-mobi.com/.

Last adopted on September 13, 2022.