YouSpy Terms of Use

Last updated: July 2020

These are the Terms of Service for YouSpy, from Alomay Ltd, a company registered in England and Wales with company number 08270680 and with its registered office at 24 Ibsley Way, Barnet, EN4 9EY ("We", "Us", "Our").

YouSpy is a software as a service (Saas) application that facilitates gathering, storing, managing and analysing YouTube channel data. Our website is found at www.YouSpy.io (the "Website"). These Terms set out what you are allowed to do, what you’re not allowed to do, and all the usual disclaimers.

Agreement

By accessing, installing or using our Services, you agree to be bound by these Terms. If you don’t want to be bound by these Terms, don’t use these Services.

When you make a purchase for the Services through the Website, a contract will be made between you and us. It is important you understand this as it means you agree to do and not certain things in relation to our Services.

Changes To Terms Or Services

We may modify these Terms and our Services at any time, at our sole discretion. If we do so, we will let you know, either through e-mail or a notice on the Website.

It’s important that you review the updated Terms when we do modify them, because continuing to use the Service after we’ve notified you about updates indicates that you agree to be bound by the new Terms. If you don’t agree to be bound by the new Terms, stop using the Services.

We’re a growing company, and our Services are often updated. Because of this, we may, at our sole discretion, change or discontinue all or any part of the Services at any time, with or without notice to you. We will not, however, make changes to any promises made in any service which you have already signed up to.

You will not ordinarily be able to make changes to a Service which you have signed up to. If you do wish to make a change, please contact us and we will advise if such a change is possible and, if relevant, the costs to you of making any change.

Pricing and Payment

YouSpy offers subscription Services on monthly or annual plans. In order to subscribe to our Services, you will be required to provide either a valid credit card. For more information on how we handle your payment data, please see:

https://youspy.io/privacy-policy

The day on which you are billed depends on whether or not subscribe to a monthly or annual account (your "Account"). On subscribing to a monthly Account, you will be billed on the day you sign up and then monthly every 30th day therefrom. On subscribing to an annual Account, you will be billed on the day you sign up and then annually every 365th day therefrom.

All prices are listed on the Website along with details of the various Services. Each bill paid ensures your access to the Services for either 30 days (for monthly Account holders) or 365 days (for annual Account holders). If you do not pay your bill when it is due, you will be unable to access the Services until payment is made.

If you are not satisfied during your first fourteen days (14) days of using our Service, you may contact us to request a refund. After your first fourteen (14) days of access to the Service, no refunds or credits will be given for partial months of Service or refunds for months unused. In order to treat everyone equally, no exceptions will be made.

If you are not satisfied and more than fourteen (14) days have passed since the Services were started you will not have an automatic right to a refund unless we have failed in our ability to provide the Services adequately to you.

Cancellation and Refunds

Where you want to cancel the Service, whether or not you are entitled to a refund, you can do this by contacting us by email at [email protected]

Where a refund is due to you, we will refund you by the same method you used for payment.

We will make any refunds due to you as soon as possible but, in any event, we will endeavour to do this within 14 days.

Ordering

Our order process is conducted by our payment processor Stripe.com. Stripe.com is the Merchant of Record for all our orders which means they are responsible for all financial transactions conducted in relation to the Application on our Website. Stripe provides all customer service enquiries and handles returns.

Access to the Services

In some circumstances, we may have to suspend the Services. This may be because we need to deal with technical problems or make minor technical changes or to update the Services to reflect changes in relevant laws or regulations.

We may suspend your access to the Services if you breach any of these Terms. If this happens, you may have to pay to us reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will provide you with more information on these costs should this situation arise.

Fair Use

The Services provided include gathering, storing, managing and analysing YouTube channel data. The resources required for compiling this data is not unlimited unless we have expressly told you otherwise and is restricted to a certain level depending on which account type you hold; if you exceed this limit your data may no longer be updated or accurate. Further resources can be purchased on a subscription basis by contacting [email protected] If We deem your use of the Services to be unreasonable, we may restrict access or remove some of your content from the Services. ‘Unreasonable’ is defined at the sole discretion of Us.

Feedback

We want to hear from you! You can submit comments, improvements or suggestions about the Service to [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

Privacy

Your privacy is very important to us. The short version is that we’re not going to do anything evil with your data. The long version can be found at: https://youspy.io/privacy-policy

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website and the Application. Those works are protected by copyright laws and treaties around the world.

All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to whom you may provide services in accordance with these Terms to content posted on the Website or Application.

You must not attempt to modify the digital content on any part of the Website or Application in any way, and you must not de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the content on the Website or the Application.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so.

Your use of any material on the Website or Application or to use the Services in breach of these Terms will mean that your right to use Website and Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reselling

Alomay Ltd does not permit the sale of YouSpy accounts or sub-accounts without our prior agreement.

In the event that we determine you have used the Website or the Application in any way other than as described in the Services, we will immediately terminate your Account and your access to the Services and we may seek legal action to recover any losses we have been caused.

Alomay Ltd Content

Subject to your compliance with these Terms, Alomay Ltd grants you a limited, non-exclusive, non-transferable, non-sublicenceable licence to access and view Our content ("Alomay Ltd Content") solely in connection with your permitted use of the Service.

For the purposes of these Terms, Alomay Ltd Content shall include all text, graphics, images, templates, arrangements, audio, video, works of authorship by Us or Our affiliates of any kind that is included within the Service. While you have an active account with Us, you may edit and modify templates for your own use. However, immediately upon termination, discontinuation or cancellation of your Account, you may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any content provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Alomay Ltd Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Alomay Ltd Content; or (iii) use the Services or Alomay Ltd Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Alomay Ltd Content.

DMCA/Copyright Policy

Alomay Ltd cares about copyright law, and expects you to care about it too. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.

The Copyright Designs and Patents Act of 1988 (the "CDPA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under UK copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked.

The notification must be sent to:

Alomay Ltd

Attn: Legal Department

24 Ibsley Way

Barnet

EN4 9EY

We provide the above contact information for the purposes of CDPA notices only, and reserve the right to only respond to correspondence that is relevant for this purpose.

Links and Advertisements of Third-Party Sites

The Website or Application may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

In using our Services, you agree that you will defend, indemnify and hold harmless Alomay Ltd, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by:

(i) your use of and access to the Services;

(ii) your violation of these Terms;

(iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or

(iv) any claim that your Content caused damage to any third party.

This is important because we need to protect our business against these losses. If any contract between you and us is terminated, this section will continue to apply and we will still be able to enforce this indemnity against you.

Warranty Disclaimers

The Service and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

We expect the Application and the Website will work just as we intend however, we are aware that issues sometimes occur. Please note that we will not be held liable for any loss, damage or inconvenience you might suffer as a result of the Application not being available, being defective or not working in the way you had expected and you agree that you will have no right to take action against us unless this is expressly set out in any relevant law.

If the Services damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Neither Alomay Ltd nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, mobile damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Alomay Ltd has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

You acknowledge that we have taken steps to advise users in these Terms the restrictions that apply to them. You agree that you will not hold us liable for any illegal, offensive, defamatory content or for any loss you may suffer because of use of the Application.

Wherever we are found to be liable to you for any loss you suffer in connection with the Services, our total liability in connection with these Terms will not in any event exceed the lesser of the amounts you have paid to Alomay Ltd for use of the services during the twelve (12) months prior to the cause of action, and one hundred dollars ($100).

If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Entire Agreement

These Terms are the entire and exclusive understanding and agreement between Alomay Ltd and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Alomay Ltd under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Alomay Ltd’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Alomay Ltd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Other Important Terms

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end any contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable business case for doing so.

These Terms and any contract are between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

Questions

If you have any questions regarding these terms please feel free to contact us at [email protected]