Last updated on 17.04.2020
This General Terms and Conditions (“Terms”) stipulates the terms by which Subscribers, or persons holding a subscription account (“You”, “Your”, “Subscriber”), may access, use, or implement the services provided by HALFWAY UP S.R.L. (“We”, “Us”, “Phonetrackerly.com.”) via our website phonetrackerly.com. Any individual or legal entity making use of our services acknowledges and agrees to be bound by these Terms in full. Refusal to agree to these Terms voids your right of service and your only recourse is to immediately cease usage of the service, with no right to refund or reimbursement of any kind. You are responsible for reading these Terms, as they are legally bound whether read or not.
By using Services, you agree that:
- You are at least 18 years of age
- You are not prohibited from using or accessing Phonetrackerly.com’s services under any Applicable Law
- Adherence to and agreement with the separate Order provided on start of Services, titled “Contract”
These Terms constitute a contract between HALFWAY UP S.R.L., located at Fundac Bucium nr. 10A, Iasi Romania and individuals acting in a private capacity who wish to make use of our services.
We reserve the right to update these Terms at any time, without notice to you or to any Subscription holder. The most current notice of these Terms may be viewed by visiting this page. An update notice will be listed at the top of this page. We will endeavor to inform existing subscribers of any updates via email. Continuance of your subscription entails your adherence to the latest version of these Terms.
Phonetrackerly.com provides online services to individuals acting in a private capacity. These services include access to our website, properties, and portal, where Subscribers can utilize our geolocation service to locate a mobile phone (“Recipient”) with the prior consent of the holder of the telephone number in question. It is the subscriber’s sole responsibility to verify consent of the Recipient for enrollment in this service. We hold no responsibility or liability for the Subscriber’s failure to verify consent, failure to obtain consent, or attempts to mislead or misdirect us in regard to the consent of the Recipient.
Anyone intending to access or use our Services must open an “Account” on our website “PhoneTrackerly.com”, agree to these Terms, and pay a Subscription Fee.
At the time of registration, Subscribers must provide the following information:
- Email Address
You agree to guarantee the accuracy, sincerity, and reliability of information communicated to Phonetrackerly.com. You agree that you are of legal age and have the right to Subscribe to Phonetrackerly.com’s Services under any Applicable Law.
Phonetrackerly.com reserves the right to prosecute you to the fullest extent of Applicable Law in the event of your misrepresentation of identity, identity theft, or the Subscriber’s breaking of any Applicable Law in using or accessing our Services.
1.2 You are responsible for choosing and setting a secure password and maintaining its confidentiality. We are not responsible for restoring lost passwords. We are not responsible for any loss, damage, theft, or costs incurred by the loss of a password or account name. You may be found liable for any losses or damages to Phonetrackerly.com as a result of your failure to secure your Account or login details.
1.3 You agree to inform Phonetrackerly.com at the soonest possible opportunity following the loss of your login details, suspected misuse of your account, or identified third-party access of your account.
1.4 Subscribers are strictly prohibited from:
- Using or permitting any third party to use the Services in a manner that violates any Applicable law, regulation, or these Terms
- Sharing, transferring, or otherwise allowing a third-party access to the Account or Services
- Reproducing, copying, modifying, leasing, trading, reselling, renting, or otherwise distributing access to the services in any way not provided for under these Terms or the separate Contract.
- Decompiling or Reverse Engineering the Services
- Creating, using, or making use of more than one Account on phonetrackerly.com
1.5 You acknowledge that Phonetrackerly.com’s services constitute access to our proprietary software and portal. A purchase or subscription does not confer any legal rights or license to the Software or Properties.
1.6 Access to Phonetrackerly.com’s Services is restricted to individuals, using services for personal purposes. Any use for professional or commercial purposes is strictly prohibited and will result in the immediate termination of your Subscription and right to access the Services, with no notice and no possibility of refund or reimbursement.
1.7 You will receive a separate Order detailing the Terms, payment stipulations, and requesting further information regarding your Account on starting a Subscription. Once signed, this Contract constitutes a legally binding document and any payment due for the Period in the contract is due, whether you utilize the Services for that period or not.
You may request a copy of your Contract at any time by sending us a request to that effect via email at email@example.com.
2.1 Access to or Use of Phonetrackerly.com’s Services entails a mandatory payment:
- Trial Payment – All Subscribers are entitled to a limited Trial Period of 24 hours following user registration, limited to one-per Subscriber, once per account. This trial payment must be made within 24 hours of registration, to the amount of € 0.90 / $1 (ninety cents euro / one USD) for access to the “Trial Period”. Failure to terminate this Trial Period will result in an automatic subscription, recurring on a monthly basis, at the end of these 24 hours
- The creation or use of more than one Account will constitute Fraud and will result in the immediate termination of Access to Services and Properties.
- Access to Phonetrackerly.com’s Services is automatically taken out on a monthly basis, for a monthly sum of € 29.90 / $33 (twenty-nine euro and ninety-nine cents / thirty-three USD)
- This Subscription is automatically renewed on a monthly basis (Period) and provided information will be automatically debited on the first day of the Period. The Subscriber may terminate the following Period at any time during the current Period but may not Terminate the existing Period following payment. The Subscriber is in no way entitled to a refund or reimbursement for any paid for period. The Subscriber holds all responsibility and liability for Terminating a Subscription.
- By beginning a Subscription, the Subscriber agrees to these Terms, including that their payment information will be automatically debited.
- The Above Prices include all relevant taxes under Applicable Law.
2.2 Payment is made through our Website, phonetrackerly.com, and must be paid in Euro by credit card (Visa, MasterCard, American Express). Phonetrackerly.com uses an external payment provider, “Stripe” to process and secure all online payment transactions. This external online payment system includes full encryption to secure payment and personal data. We do not store any data relating to bank or card data.
3. Right of Withdrawal
3.1 Following the Trial Period, all Subscribers have a 14 (fourteen) day period in which to withdraw from the Contract Agreement, as governed under all Applicable Law.
3.2. A request to withdraw from the Contract Agreement may be made via email, sent to firstname.lastname@example.org. A confirmation of withdrawal from the Contract Agreement will be sent to you via the email address indicated during Registration.
3.3 We reserve the right to refuse a Withdrawal request in the event that the Subscriber has used the Services following the Trial Period. In this case, your Withdrawal will constitute a Termination of Contract and no refund will be made for the current Period.
3.4 You will be refunded the full amount of your Payment within 10 (ten) days of your receipt of our Acknowledgement of Withdrawal. This Refund will constitute the full amount, credited to the Card used to pay for the Service.
4. Provision of Service
4.1 Following the start of Subscription, pursuant to the Terms and Processes listed in this document, the Subscriber may make use of our services.
To do so, the Subscriber must:
- Log into the Account
- Indicate the Recipient phone number, belonging to the mobile phone you wish to locate
- An SMS is sent to the Recipient, containing a customizable request to geolocate the Recipient
- The Recipient may Accept or Refuse the request at their sole discretion
- You acknowledge that we make no claims or guarantees that the Recipient will accept the geolocation request and that we are not liable for any refusal or acceptance thereof. Any Refusal will not give rise to any liability on the part of phonetrackerly.com, nor any right of reimbursement to the Subscriber.
- You agree that any Agreement on the part of the Recipient is of their own free will, not acquired Misdirection, Coercion, or any Fraudulent Behavior.
4.2 the Subscriber may send an unlimited number of requests to the Recipient for the duration of the Subscription
4.3 By Using Phonetrackerly.com’s services, you agree not to:
- Use the Services in any way which violates Applicable Law or these Terms
- Sell, Copy, Rent, Lease, Loan, Distribute, Transfer, or Sub-License all or part of our Services or Properties
- Obtain or Attempt to Obtain unauthorized access to our systems, software, Services, or Properties, or those of our Subcontractors.
- Engage in any activity that may disrupt, diminish the quality of, or interfere with the performance or functionality of our Website, Services, or Properties.
- Use the Services or Properties in any way which might introduce a virus or malicious program, including the voluntary introduction thereof
- Use the Services with the intent to Harass, Spam, Scam, Cause Bodily Harm, Threaten, Abuse, Defraud, Defame, or Offend
- Denigrate Phonetrackerly.com or engage in any activities which may damage our reputation.
Termination may be initiated by the Subscriber or by Phonetrackerly.com.
5.1 The Subscriber is entitled to Terminate their subscription and Contract at any time. This may be achieved by clicking “Unsubscribe” linked on the menu at the top or bottom of the page, when logged into the Subscriber Account, and from the My Account Page. You may also email email@example.com with your request.
The Subscription will end at the end of the current Period in which the Termination request is made. You are not subject to reimbursement for any remaining days left in the Period and will continue to have access to the Account and Services for the remainder of the Period, after which the Account will be closed.
5.2 We may Terminate a Subscriber account at any time, subject to notification. In the event of a Termination, we will email the account provided at the time of Subscriber registration. This Termination will take effect on the last day of the current Period, after which, the account will be closed. Furthermore, we reserve the right to suspend all Activities and Services related to an Account for the purpose of any necessary verifications, reviews, or security checks which may be carried out. In the case of an identified breach to these Terms or to Applicable Law, we reserve the right to Terminate a contract with immediate effect. Subscribers will be informed of any Termination via the email included during Registration.
5.3 A Termination does not entitle the Subscriber to any reimbursement. Subscribers wishing to Withdraw from the Contract may do so under Article 3 of this document.
6. INTELLECTUAL PROPERTY
6.1 Phonetrackerly.com, its Properties, and Services are protected by Copyright law in Romania and the EU. This is further defended by international copyright treaties.
By using Phonetrackerly.com, you acknowledge and agree that phonetrackerly.com or its third-party providers and suppliers own all right, title, and interest in intellectual properties on the Site, Services, or Properties, including but not limited to any technique, method, process, software, utilities, data, documents, directories, designs, user interfaces, graphics, video content, or data and information available through the Website or Services.
6.2 We grant the Subscriber non-exclusive, non-transferable right to access and use the Services on entering into a Contract Agreement.
7. LIABILITY AND WARRANTY
7.1 We offer no representation, warranty, or guarantee to the Subscriber. Phonetrackerly.com, its Properties, and its Services are provided “As-Is” to the Subscriber. We make no claims that the Services shall meet the Subscriber’s needs, will provide satisfaction, will be available on an uninterrupted basis, will be secure, or will be error-free. We make no guarantee as to the quality of programs, applications, or tooling provided through our Services. We commit to taking all reasonable precautions to ensure the availability, security, and quality of the Services.
7.2 To the maximum extent permitted by Applicable law, neither Phonetrackerly.com nor its licensors, suppliers, or contractors are liable for any direct, indirect, incidental, special, exemplary, tortuous, or consequential damages resulting from the use of our Services or Website. No event shall result in our total aggregate liability resulting from any usage of the Services or Website. These limitations apply even if Phonetrackerly.com has been advised of the possibility of such damages. This clause sets forth our entire liability.
7.3 Phonetrackerly.com shall make all reasonable efforts to ensure the availability and quality of the Services but makes no guarantee and takes no liability for the unavailability of the Service for any reason. No unavailability of Service shall give rise to the right of Refund.
7.4 The Subscriber agrees to indemnify and hold Phonetrackerly.com harmless from any and all claims, liability, and expenses, including reasonable attorney’s fees and costs arising out of any use of the Services or Properties or breach of these terms. You hereby agree to defend Phonetrackerly.com at your own expense, against any and all claims, actions, suits, or proceedings arising out of or relating to your actions regarding usage of the Services, breach of the Terms, or violation of Applicable Law. We reserve the right, at its sole discretion and expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Phonetrackerly.com in defense of any claims.
7.5 The Website and properties may contain links to third-party sites that are neither edited nor controlled by Phonetrackerly.com. You are responsible for your activities, personal data, and actions on these sites. We cannot be held responsible for any loss, damages, misdirection, or any result whatsoever taking place on a Property not our own.
7.6 Phonetrackerly.com and the Subscriber agree and acknowledge that in the event that delivery of Services should prove impossible due to force majeure, I.e. an unforeseeable event outside the sphere of control of either party, neither party may be held liable for the non-performance, failures, or delays in the Subscription or any obligations that would be due. The performance of the Contract as well as the resulting obligations, including payment obligations, shall thus be suspended for the period of the force majeure event. However, any payment owed for the period of the force majeure event will remain due, and is to be paid at a later date, as agreed-upon by both parties. Each party shall be entitled to exercise the right of Termination, set out in Article 5 of this document.
8.1 In the event that any provision of these Terms is found to be invalid, such invalidity shall not affect the remainder of these Terms. In addition, the invalid Term will be fulfilled to the fullest extent allowable under Applicable Law, to fulfil the spirit of the clause to as close an extent as possible.
8.2 Any Communication, including the exercise of rights to Terminate, Withdraw, request Data, or otherwise request rights under applicable law may be directed to:
Halfway UP S.R.L., Fundac Bucium nr. 10A, Iasi, Romania
8.3 These Terms are governed under Romanian law. Any dispute arising directly or indirectly out of these Terms or the Contract Agreement provided shall be submitted to the competent Court of the Customer’s domicile. In cases where we are the plaintiff, cases shall be submitted to the Court of Iasi.