Last updated: 01/01/2022

1. Introduction

Welcome to Softera, spol. s r. o. (“Company”, “we”, “our”, “us”)! As you have just clicked

our Terms of Service, please pause, grab a cup of coffee and carefully read the following

pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages

located at https://www.spytester.com operated by Softera, spol. s r. o..

Our Privacy Policy also governs your use of our Service and explains how we collect,

safeguard and disclose information that results from your use of our web pages. Please read

it here https://www.spytester.com/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You

acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the

Service, but please let us know by emailing at app@spytester.com so we can try to find a

solution. These Terms apply to all visitors, users and others who wish to access or use

Service.

Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or

promotional materials and other information we may send. However, you may opt out of

receiving any, or all, of these communications from us by following the unsubscribe link or by

emailing at.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”),

you may be asked to supply certain information relevant to your Purchase including, without

limitation, your credit card number, the expiration date of your credit card, your billing address,

and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other

payment method(s) in connection with any Purchase; and that (ii) the information you supply

to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the

completion of Purchases. By submitting your information, you grant us the right to provide the

information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not

limited to: product or service availability, errors in the description or price of the product or

service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal

transaction is suspected.

4. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed

in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on

a monthly or annual basis, depending on the type of subscription plan you select when

purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact

same conditions unless you cancel it or Softera, spol. s r. o. cancels it. You may cancel your

Subscription renewal either through your online account management page or by

contacting Softera, spol. s r. o. customer support team.

A valid payment method, including credit card, is required to process the payment for your

subscription. You shall provide Softera, spol. s r. o. with accurate and complete billing

information including full name, address, state, zip code, telephone number, and a valid

payment method information. By submitting such payment information, you automatically

authorize Softera, spol. s r. o. to charge all Subscription fees incurred through your account

to any such payment instruments.

Should automatic billing fail to occur for any reason, Softera, spol. s r. o. will issue an

electronic invoice indicating that you must proceed manually, within a certain deadline date,

with the full payment corresponding to the billing period as indicated on the invoice.

5. Free Trial

Softera, spol. s r. o. may, at its sole discretion, offer a Subscription with a free trial for a limited

period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged

by Softera, spol. s r. o. until Free Trial has expired. On the last day of Free Trial period, unless

you cancelled your Subscription, you will be automatically charged the applicable Subscription

fees for the type of Subscription you have selected.

At any time and without notice, Softera, spol. s r. o. reserves the right to (i) modify Terms of

Service of Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee Changes

Softera, spol. s r. o., in its sole discretion and at any time, may modify Subscription fees for

the Subscriptions. Any Subscription fee change will become effective at the end of the then-

current Billing Cycle.

Softera, spol. s r. o. will provide you with a reasonable prior notice of any change in

Subscription fees to give you an opportunity to terminate your Subscription before such

change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes

your agreement to pay the modified Subscription fee amount.

7. Refunds

We issue refunds for Contracts within thirty-one (31) days of the original purchase of the

Contract.

8. Content

Our Service allows you to post, link, store, share and otherwise make available certain

information, text, graphics, videos, or other material (“Content”). You are responsible for

Content that you post on or through Service, including its legality, reliability, and

appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours

(you own it) and/or you have the right to use it and the right to grant us the rights and license

as provided in these Terms, and (ii) that the posting of your Content on or through Service

does not violate the privacy rights, publicity rights, copyrights, contract rights or any other

rights of any person or entity. We reserve the right to terminate the account of anyone found

to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through

Service and you are responsible for protecting those rights. We take no responsibility and

assume no liability for Content you or any third party posts on or through Service. However,

by posting Content using Service you grant us the right and license to use, modify, publicly

perform, publicly display, reproduce, and distribute such Content on and through Service. You

agree that this license includes the right for us to make your Content available to other users

of Service, who may also use your Content subject to these Terms.

Softera, spol. s r. o. has the right but not the obligation to monitor and edit all Content provided

by users.

In addition, Content found on or through this Service are the property of Softera, spol. s r. o. or

used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy,

or use said Content, whether in whole or in part, for commercial purposes or for personal gain,

without express advance written permission from us.

9. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not

to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way

by exposing them to inappropriate content or otherwise.

any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user,

or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening,

fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful

purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of

Service, or which, as determined by us, may harm or offend Company or users of Service

or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or

interfere with any other party’s use of Service, including their ability to engage in real time

activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for

any purpose, including monitoring or copying any of the material on Service.

unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is

malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of

Service, the server on which Service is stored, or any server, computer, or database

connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of Service.

10. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website

traffic. Google uses the data collected to track and monitor the use of our Service. This data

is shared with other Google services. Google may use the collected data to contextualise and

personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy

Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data:

https://support.google.com/analytics/answer/6004245.

11. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By

accessing or using any of Company, you warrant and represent that you are at least eighteen

(18) years of age and with the full authority, right, and capacity to enter into this agreement

and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18)

years old, you are prohibited from both the access and usage of Service.

12. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and

that the information you provide us is accurate, complete, and current at all times. Inaccurate,

incomplete, or obsolete information may result in the immediate termination of your account

on Service.

You are responsible for maintaining the confidentiality of your account and password,

including but not limited to the restriction of access to your computer and/or account. You

agree to accept responsibility for any and all activities or actions that occur under your account

and/or password, whether your password is with our Service or a third-party service. You must

notify us immediately upon becoming aware of any breach of security or unauthorized use of

your account.

You may not use as a username the name of another person or entity or that is not lawfully

available for use, a name or trademark that is subject to any rights of another person or entity

other than you, without appropriate authorization. You may not use as a username any name

that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel

orders in our sole discretion.

13. Intellectual Property

Service and its original content (excluding Content provided by users), features and

functionality are and will remain the exclusive property of Softera, spol. s r. o. and its licensors.

Service is protected by copyright, trademark, and other laws of foreign countries. Our

trademarks and trade dress may not be used in connection with any product or service without

the prior written consent of Softera, spol. s r. o..

14. Error Reporting and Feedback

You may provide us directly at app@spytester.com with information and feedback concerning

errors, suggestions for improvements, ideas, problems, complaints, and other matters related

to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire

or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii)

Company may have development ideas similar to the Feedback; (iii) Feedback does not

contain confidential information or proprietary information from you or any third party; and (iv)

Company is not under any obligation of confidentiality with respect to the Feedback. In the

event the transfer of the ownership to the Feedback is not possible due to applicable

mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable,

free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify,

create derivative works, publish, distribute and commercialize) Feedback in any manner and

for any purpose.

15. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or

controlled by Softera, spol. s r. o..

Softera, spol. s r. o. has no control over, and assumes no responsibility for the content, privacy

policies, or practices of any third party web sites or services. We do not warrant the offerings

of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT SOFTERA, SPOL. S R. O. SHALL NOT BE

RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS

CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR

RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR

THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY

POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

16. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”

BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE

INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY

AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES

OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY

WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,

SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE

ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,

THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES

WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS

WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT

AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT

THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES

WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS

OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY

WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR

PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES

(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF

LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR

NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF

CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR

IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY

CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS

AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL

LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN

PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS

PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT

WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,

AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE

DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION

OR EXCLUSION MAY NOT APPLY TO YOU.

18. Termination

We may terminate or suspend your account and bar access to Service immediately, without

prior notice or liability, under our sole discretion, for any reason whatsoever and without

limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers,

indemnity and limitations of liability.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of Czech

Republic 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. If any provision of these Terms is held to be invalid or unenforceable by a court,

the remaining provisions of these Terms will remain in effect. These Terms constitute the

entire agreement between us regarding our Service and supersede and replace any prior

agreements we might have had between us regarding Service.

20. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide

via Service, in our sole discretion without notice. We will not be liable if for any reason all or

any part of Service is unavailable at any time or for any period. From time to time, we may

restrict access to some parts of Service, or the entire Service, to users, including registered

users.

21. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your

responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you

accept and agree to the changes. You are expected to check this page frequently so you are

aware of any changes, as they are binding on you.

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 Service.

22. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further

or continuing waiver of such term or condition or a waiver of any other term or condition, and

any failure of Company to assert a right or provision under Terms shall not constitute a waiver

of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be

invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited

to the minimum extent such that the remaining provisions of Terms will continue in full force

and effect.

23. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE

THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY

THEM.

24. Contact Us

Please send your feedback, comments, requests for technical support:

By email: app@spytester.com.

By visiting this page on our website: https://www.spytester.com/contact.