SPYPOINT Policies

Trademarks Terms of Service Terms of Use Purchase of Products Terms of Use for Subscription Security Reporting Privacy Policy Cookie Policy Accessibility

Terms of Use of SPYPOINT Services

1. Acceptance of the terms of use

Welcome to the www.spypoint.com and www.webapp.spypoint.com website

9138-4529 Québec inc. ("SPYPOINT") provides you with website and web application features to make purchases, use the products, services, applications and software and purchase subscriptions provided by SPYPOINT (collectively the "SPYPOINT Services").

SPYPOINT provides the SPYPOINT Services subject to these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SPYPOINT SERVICES.

By using the SPYPOINT Services, purchasing SPYPOINT products or services, including subscriptions, you acknowledge and agree to these Terms of Use, as well as other applicable rules, policies and terms and conditions posted on the Sites are an integral part of these Terms of Use:

  • Terms and conditions relating to subscription contracts;
  • Terms and conditions relating to contracts for the sale of products;
  • SPYPOINT’s Privacy Policy;

If you choose not to accept these Terms of Use, you must refrain from using the SPYPOINT Services or purchasing the available SPYPOINT Services.

The SPYPOINT Services are available to individuals who can legally enter into binding contracts under applicable laws. By using or accessing the SPYPOINT Services, you represent and warrant that you are at least eighteen (18) years of age and that you are not prohibited from using the Services under applicable law.

2. MODIFICATION OF THE TERMS OF USE

2.1. Changes to the Terms.

SPYPOINT reserves the right, in its sole discretion, to modify and update the Terms of Use (the "Amended Terms of Use") from time to time.

Unless SPYPOINT makes a change for legal or administrative reasons or unless there are non-material changes, SPYPOINT will provide reasonable notice prior to the coming into force of the Amended Terms of Use. You agree that SPYPOINT may notify you of any changes to the Amended Terms of Use by posting them on the SPYPOINT Services.

The Amended Terms of Use will take effect at the time of their publication, or at a later date specified in the Amended Terms of Use, and will apply to your use of the SPYPONT Services from that point forward.

2.2. Acceptance of the Amended Terms of Use.

Your use of the SPYPOINT Services after the effective date of the Amended Terms of Use constitutes your acceptance of such Amended Terms of Use. You should review these Terms of Use and any updates to the Terms of Use before using the SPYPOINT Services.

3. USE OF SPYPOINT SERVICES

3.1. Features and Access.

The SPYPOINT Services allow you to purchase products offered by SPYPOINT such as, but not limited to, trail cameras, transmission devices, accessories, subscriptions, and cellular transmission packages.

The SPYPOINT Services are designed and made available to you for your personal or commercial use. SPYPOINT grants you a limited, non-exclusive, non-transferable right to access and use the SPYPOINT Services. The SPYPOINT Services are the intellectual property of SPYPOINT or its licensors. None of the SPYPOINT Services may be used or exploited for any purpose other than those provided by the SPYPOINT Services and these Terms of Use. You may have an ownership interest in the physical and material goods on which the SPYPOINT Services are delivered to you, however SPYPOINT retains full and complete ownership of the SPYPOINT Services.

3.2. Rules of Conduct.

By using or acquiring the SPYPOINT Services, you represent and warrant that your use of and access to the SPYPOINT Services is in accordance with your obligations. You are not allowed to engage in any of the following prohibited activities:

  1. 1. Interfere with the proper functioning of or use the SPYPOINT Services for any purpose other than those authorized;
  2. 2. Copy, distribute or disclose all or part of the SPYPOINT Services in any medium, including by the company of any web scraping tool or technique, whether automated or not;
  3. 3. Use an automated system, including web crawlers and offline readers, to access the SPYPOINT Services;
  4. 4. Transmit, through the SPYPOINT Services, spam, chain letters, or any other form of unsolicited email;
  5. 5. Attempt to interfere with the servers of the SPYPOINT Services, compromise the integrity or security of their systems, or decrypt any transmission to or from them;
  6. 6. Take any action that, in SPYPOINT's sole discretion, imposes or is likely to impose an unreasonable or disproportionately heavy load on the infrastructure of the SPYPOINT Services;
  7. 7. Upload any data, viruses, worms, or other malware through the SPYPOINT Services;
  8. 8. Collect, extract or harvest information from the SPYPOINT Services that can be used to identify individuals;
  9. 9. Impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity;
  10. 10. Access any Content (as defined below) of the SPYPOINT Services using any means or technology other than those provided or authorized;
  11. 11. Circumvent, disable, or attempt to disable any security measures that SPYPOINT may use or implement for the purpose of preventing, limiting, or restricting access to the SPYPOINT Services, including, without limitation, any action to decompile, reverse engineer, disassemble, or reduce the SPYPOINT Services to an exploitable form; and
  12. 12. Use the SPYPOINT Services in violation of any applicable law.

SPYPOINT reserves the right to investigate and pursue legal action regarding any violation of the Terms of Use, to the fullest extent permitted by law.

You acknowledge that SPYPOINT has the right, but not the obligation, to audit, disclose, and monitor your Content and your access to or use of the SPYPOINT Services, in order to ensure compliance with the Terms of Use, applicable laws, court orders, search warrants, or the requirements of a court or governmental or regulatory agency.

4. YOUR ACCOUNT

4.1. Creating an Account.

Certain features of the SPYPOINT Services require the creation of a user account. You agree to provide SPYPOINT with true and complete information about yourself and to update it as necessary to ensure that it is accurate at all times, including your payment information. SPYPOINT may verify the accuracy of the information you provide.

4.2. Password and Security.

You are solely responsible for choosing a unique and secure password and for maintaining its confidentiality. You are responsible for all activities occurring through your account and must immediately notify SPYPOINT of any unauthorized activity or other security breach.

You acknowledge that you provide your Personal Information at your own risk. For more information about how SPYPOINT may collect, use or disclose personal information or for more information about SPYPOINT's privacy practices, please see SPYPOINT's Privacy Policy.

4.3. Account Closure and Termination.

SPYPOINT may close your account and terminate or suspend your access to or use of the SPYPOINT Services immediately, without notice or liability, for any reason, including violation of these Terms of Use.

SPYPOINT may delete any account that is inactive for a period of at least one (1) year, as well as any data associated with such an account. In such cases, the data associated with the account will be deleted in accordance with applicable privacy laws.

5. ELECTRONIC COMMUNICATIONS

When you provide your email address to SPYPOINT through the SPYPOINT Services, you expressly consent to SPYPOINT storing your email address in its databases and to using it in its mailing lists to communicate with you to (i) validate certain information relating to your account, (ii) keep you informed of the status of your account, (iii) conduct surveys or audits regarding the SPYPOINT Services, including its functionality, ease of use, or your appreciation, (iv) inform you of any benefits or promotions offered by SPYPOINT (unless you have explicitly unsubscribed from newsletters), or (v) any other reason relating to the SPYPOINT Services or security.

6. YOUR CONTENT

6.1. Ownership of User Content.

The SPYPOINT Services may allow you to view, communicate, submit, upload or upload images, text, graphics, videos, GPS coordinates, weather data, information or other materials, including images, videos, GPS coordinates and data captured by SPYPOINT products and uploaded to the cloud, (the "User Content" or "Content").

You retain all ownership rights in the Content and you grant SPYPOINT a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to the extent necessary for SPYPOINT to (i) provide the Services to you, (ii) improve its Services, or (iii) comply with its legal obligations.

You also grant SPYPOINT a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce in an unlimited number of copies, publish, distribute, print, copy, comment, modify, create derivative works from, or otherwise exploit, in whole or in part, in any and all formats and on any media platforms, your Content for other commercial purposes, without requiring prior authorization from you and without payment to you, and provided that SPYPOINT anonymizes any personal or identifiable data where applicable.

6.2. Liability for Content.

You acknowledge and agree that you are solely responsible for all Content that you submit through the SPYPOINT Services or that you share with third parties. Accordingly, you represent and warrant that (i) you are the sole and exclusive owner of all Submitted Content, or you have all rights, licenses, authorizations and consents necessary to grant SPYPOINT the rights to such Content, and (ii) neither the Content nor your posting, transmission or communication of your Content nor SPYPOINT's use of your Content infringes or will infringe the rights of any third party, including intellectual property rights and publicity rights, or any laws or regulations, Canadian or foreign.

By uploading Content that is prohibited, unlawful, or of which you are neither the owner nor hold the rights, you agree to defend, indemnify and hold harmless SPYPOINT, its subsidiaries and associated companies, and their respective officers, agents, directors, employees, licensors and assigns, from any and all claims, demands, damages, obligations, losses, liabilities, costs, debt, expense (including legal fees and disbursements) and amount paid for a settlement arising out of or related to the infringement caused by the Content.

6.3. Third-Party Content.

Through the SPYPOINT Services, you may have the opportunity to use and/or access content provided by third parties. SPYPOINT cannot guarantee that such third-party content will be free of material that you may find objectionable or otherwise. SPYPOINT is not responsible for your access to or use of any third-party content.

7. SPYPOINT SERVICES FEES

SPYPOINT may charge a fee for access to the SPYPOINT Services. Such fees will never be charged without your prior consent. If applicable, the fees will be prominently displayed on the SPYPOINT Services, as well as in other appropriate places.

8. INTELLECTUAL PROPERTY

8.1. Trademarks.

All trademarks, registered or unregistered (including words, expressions and logos) used by SPYPOINT are the property of SPYPOINT. SPYPOINT's trademarks may not be used, reproduced or imitated, in whole or in part, without SPYPOINT’s prior written authorization.

8.2. Copyright.

All original works reproduced or published on the SPYPOINT Services are protected by copyright. The owner of the copyright in each work reserves all rights therein. You may not, without the explicit consent of the copyright owner, perform any act that only the copyright owner has the right to do under applicable law.

8.3. Other Rights.

The SPYPOINT Services, or any part thereof, may be protected by industrial designs or patents. SPYPOINT reserves all rights to the SPYPOINT Services that are not expressly granted. You agree not to use, copy, or distribute any content of the SPYPOINT Services other than for the authorized purposes.

8.4. Documentation.

SPYPOINT may provide, from time to time, documentation describing the features, operation and use of the SPYPOINT Services (the "Documentation"). You may use or reproduce the Documentation only as necessary to support your use of the SPYPOINT Services.

8.5. Feedback.

SPYPOINT is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas intended to improve or modify in any way the SPYPOINT Services or any other SPYPOINT product or service, without compensation or attribution to you or to any person providing such feedback.

9. HYPERLINKS

The SPYPOINT Services may contain hyperlinks to external websites, that cause you to leave the SPYPOINT Services (the "External Sites"). You acknowledge and agree that SPYPOINT is not responsible for the availability of such External Sites, nor for the accuracy of the content, products or services available on such External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by SPYPOINT of such External Sites. You assume all risks arising from your use of External Sites. You expressly release SPYPOINT from any and all liability arising from your use of any External Site.

10. NO WARRANTY

The SPYPOINT Services, and all information, content, materials, products, and services are provided to you on an "as is" and "as available" basis, without warranty of any kind. To the fullest extent permitted by applicable law, SPYPOINT disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, non-infringement, accuracy, error-free operation, content accuracy, or availability. SPYPOINT may update the SPYPOINT Services without prior notice.

Although SPYPOINT takes reasonable steps to ensure that the information presented on the SPYPOINT Services is complete and accurate, SPYPOINT cannot guarantee that such information is free from any errors, omissions or inaccuracies. SPYPOINT makes no warranty regarding the quality of any products, services or content purchased or obtained through the SPYPOINT Services.

To the fullest extent permitted by law, SPYPOINT disclaims all warranties or conditions, express or implied. SPYPOINT does not warrant that the SPYPOINT Services or other products and services that are part of the SPYPOINT Services are free of viruses or other harmful components.

SPYPOINT will not be liable in any way for any Content, including, but not limited to, the use of or inability to use the SPYPOINT Services, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available through the SPYPOINT Services.

SPYPOINT does not guarantee that your camera will be able to provide accurate GPS coordinates of your camera at all times and will not, under any circumstances, be liable for the unavailability of this service.

11. LIMITATION OF LIABILITY

You acknowledge and agree to assume all risks arising from your access to or use of the SPYPOINT Services or your purchase or use of any products, services or content purchased or obtained through or without the SPYPOINT Services.

To the fullest extent permitted by applicable law, SPYPOINT and its officers, directors, employees, contractors, agents, licensees, successors and assigns shall not be liable for any indirect, consequential, special, incidental or immaterial damages, including without limitation, loss of profit, loss of revenue, loss of data, loss of use, damage to reputation, business interruption or loss of opportunity resulting from your use of the SPYPOINT Services or products and services offered by SPYPOINT whether or not purchased through the SPYPOINT Services, even if SPYPOINT and its officers, directors, employees, contractors, agents, licensees, successors and assigns knew or should have known of the possibility of such damages.

The total liability of SPYPOINT and its officers, directors, employees, contractors, agents, licensees, successors and assigns, from any cause whatsoever, is strictly limited to the amount actually paid by you during the twelve (12) months preceding the claim for SPYPOINT products or services. This limitation is cumulative and will not be increased by the existence of multiple incidents or claims. SPYPOINT, and its officers, directors, employees, contractors, agents, licensees, successors and assigns, disclaim any and all liability of any kind with respect to the licensors and its suppliers.

SPYPOINT expressly disclaims any liability for any claims for failures of the SPYPOINT Services or for any normal wear and tear, misuse, improper installation, abuse, modification, or improper selection of the SPYPOINT Services or the products and services available through the SPYPOINT Services.

You remain at all times responsible for complying with all federal, state, or local laws applicable to your use of the SPYPOINT Services and the products and services available through the SPYPOINT Services.

It is understood that you are solely responsible for protecting yourself against any risk of loss with the appropriate insurance coverage, and that you are responsible for obtaining any insurance coverages you deem necessary. To the fullest extent permitted by applicable law and by the applicable insurance policy(s) you obtain and maintain, you release SPYPOINT from any liability for any loss, occurrence, event or condition covered by your insurance.

Nothing herein shall exclude or limit SPYPOINT's liability for wilful misconduct or willful misconduct or for personal injury or death. Nothing herein is intended to reduce, limit or exclude any mandatory consumer rights applicable to you. Where applicable law does not allow the limitation or exclusion of certain damages, the limitations described herein will apply to the maximum extent permitted by such law.

12. INDEMNIFICATION

By using the SPYPOINT Services, you agree to defend, indemnify and hold harmless SPYPOINT, its Affiliates, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and amounts paid for a settlement arising out of or related to your use of the SPYPOINT Services, or your violation of the Terms of Use or the rights of third parties. SPYPOINT may assume the exclusive defense and control with respect to any matter for which you have agreed to indemnify SPYPOINT and you agree to assist and cooperate with SPYPOINT in the defense or settlement of any dispute.

13. LITIGATION AND DISPUTE RESOLUTION

This section does not apply where prohibited by applicable law. Where applicable, the principles described in this section will apply to the maximum extent permitted by this law.

For any dispute or controversy arising out of or related to the SPYPOINT Services or the products and services offered therein, you agree, in the first instance, to contact SPYPOINT in an attempt to reach an amicable settlement.

If SPYPOINT has not been able to settle the dispute or dispute with you informally, each party agrees to settle the dispute by first resorting to mediation, in accordance with the provisions of articles 605 et seq. of the Code of Civil Procedure of Quebec.

If the mediation has not resulted in an amicable agreement, the dispute or difference will be resolved by binding arbitration before a single (1) neutral arbitrator and in accordance with the provisions of articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable laws prohibit referral to arbitration or restrict the right of a Consumer to appear in court.

Except in circumstances where applicable law prohibits restrictions on a party's right to bring a class action, all claims must be brought by the parties on their own behalf, and not as a plaintiff or class member, in any representative or class action proceeding and, Unless the parties decide otherwise, an arbitrator may not join the claims of more than one person.

Nothing in this Section shall prevent the parties from obtaining interim relief or a safeguard order, such as an injunction or other relief deemed fair, from a court of competent jurisdiction, before or during the arbitration proceedings.

14. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to applicable conflict of law rules. Your conduct may also be subject to other local, state, or local laws.

If you are a consumer and your habitual residence is located in a country of the European Union, you also have rights protecting you under the mandatory provisions of the law applicable in your country of residence. You can bring an action to enforce your consumer rights in the European Union country in which you reside. The application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

15. EXPORT CONTROLS

You must not export, re-export, or transfer any products or services you have purchased through the SPYPOINT Services to any country to which such export is restricted or prohibited by law, whether that is subject to economic sanctions, embargoes imposed by the European Union, the United Nations, or other governmental authorities (such as embargoes imposed on specific countries or economic sanctions imposed on individuals or companies for terrorism or money laundering offences). You must not use the SPYPOINT Services to make purchases if you are subject to restrictive measures (sanctions).

16. General

16.1. Entire Agreement.

These Terms of Use, the terms and conditions relating to subscription contracts, the terms and conditions relating to product sales contracts and SPYPOINT's Personal Data Protection Policy supersede any prior agreements between you and SPYPOINT and constitute the entire agreement between you and SPYPOINT. You cannot assign or transfer them.

16.2. Waiver.

The negligence or delay of SPYPOINT in exercising any right, remedy, power or privilege in accordance with the Terms of Use shall not constitute a waiver of such rights, remedies, powers or privileges. To be valid, a waiver must be made in writing and must be signed by an authorized representative of SPYPOINT. A written waiver of default shall not be construed as a waiver of any other default or similar default that may arise in the future.

16.3. Invalidity or unenforceability.

Even if one or more provisions of these Terms of Use, the terms and conditions relating to subscription contracts, the terms and conditions relating to contracts for the sale of products and SPYPOINT's personal data protection policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions and shall then be interpreted as if the invalid or unenforceable provision was never a part of these Terms of Use.

17. CONTACT US

SPYPOINT welcomes your comments and suggestions. Contact customer service (https://www.spypoint.com/en/support#chat).

If you have any questions about how we process your personal information or to submit a right to be forgotten request, please refer to our Privacy Policy or contact us at privacy@spypoint.com.

If you have any concerns about a security incident on the SPYPOINT Services, you can report it to us at safety@spypoint.com.