iSpyConnect Terms of Service
Last Updated: [Insert Date]
Welcome to iSpyConnect, a cloud-based DVR platform. These Terms of Service (“Terms”) govern your use of our products and services (collectively, the “Services”). By accessing, browsing, or using any portion of the Services—or by registering for an account—you agree to be bound by these Terms. If you do not agree to these Terms, please do not register for or use the Services.
These Terms form a legally binding agreement between you (or, if you are acting on behalf of an organization, your organization) and The Playful Group Pty Ltd., a company registered in Australia (“iSpyConnect”, “we” or “us”). If your organization has a separate paid contract with us, those contract terms will govern your use of the Services.
1. Privacy
In order to provide the Services, we collect certain information about you. Please review our Privacy Policy to understand how we collect, store, and use your data. Your use of the Services is subject to that Privacy Policy.
2. Changes to These Terms
We reserve the right to modify these Terms at any time. The most current version will be posted at www.iSpyConnect.com. If material changes are made, we will notify you via the Services and/or by email. Your continued use of the Services after such notification constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and close your account.
3. Your Account
Certain features of the Services require registration. When registering, you agree to:
- Provide true, current, and complete information.
- Maintain and update your account information as necessary.
- Keep your login credentials secure and not share or transfer them.
You are solely responsible for all activity that occurs under your account. If you suspect unauthorized access, please contact iSpyConnect Support immediately.
4. Usage Rights and Licensing
4.1 Personal/Local Use License
Eligibility: The free license is provided solely for personal, non-commercial, local use.
Definition: “Local use” means using the Services on a single device or within a private environment (for example, in a home) for non-commercial purposes.
Examples:
- A homeowner using the software for personal home security qualifies for the free license.
- An individual using the software for personal monitoring on their smartphone qualifies for the free license.
4.2 Business/Institutional Use License
Eligibility: Any use of the software in a business, commercial, or institutional setting—including by educational institutions, government bodies, or organizations—is considered business use.
Requirement: Such usage requires a commercial license. At this time, we do not offer discounted or institutional pricing.
Examples:
- A university using the software across campus for security or monitoring purposes must obtain a commercial license.
- A business deploying the software on multiple devices for employee use requires a commercial license.
If your intended use falls under the Business/Institutional Use category, you must contact us to obtain the appropriate license before proceeding.
5. Consent to Electronic Communications and Solicitations
By registering for or using our Services, you consent to receive electronic communications from us. These communications may include account notices, product updates, and marketing messages. You may manage your communication preferences within your account settings. If you do not wish to receive these communications (other than essential notices), you may opt out as described in the emails.
6. Content
All electronic media streamed or stored via our platform is referred to as “Content.” You retain ownership of your Content but grant iSpyConnect the necessary rights to process, transmit, and store that Content as needed to provide the Services. You are responsible for ensuring you have all rights required to upload and share any Content, and for complying with applicable laws and these Terms.
7. Confidential Information
Any information we share with you that is marked or reasonably understood to be confidential—including product roadmaps, technical data, business plans, and security reviews—must be treated as confidential. Similarly, information in your account is confidential to you. Both parties agree to use the other’s confidential information solely for purposes of fulfilling these Terms and to limit disclosure only to those with a need to know, subject to similar confidentiality obligations.
8. Data Storage
The Services are primarily provided from servers located in the United States. By using our Services, you consent to your account data being stored in the United States. Note that video and audio data captured by our installed software is stored locally on your device or network and not on our U.S. servers.
9. Acceptable Use Policy
You agree not to use the Services to:
- Harm, threaten, or harass any person or organization.
- Damage, disable, overburden, or impair the Services or any network connected to it.
- Resell, redistribute, or create a competing service using the Services.
- Modify, reroute, or otherwise gain unauthorized access to the Services.
- Employ automated processes (bots, spiders, etc.) to access the Services.
- Violate any law, distribute malware, or transmit offensive or infringing content.
- Engage in any other activities that, in our sole discretion, may harm the Service, our users, or our business.
9.1 Restricted Use of Port Forwarding and VPNs
Using port forwarding, VPNs, or any method to remotely access the local server of Agent DVR from outside your designated local network is prohibited without an active subscription or valid purchased license. Unauthorized access may result in limitations on features, suspension of support, or legal action.
10. Suspension and Termination of the Service
We reserve the right to suspend or terminate your account at any time, at our sole discretion, if you breach these Terms or if your use may harm iSpyConnect or other users. In some cases, we will provide advance notice and an opportunity to remedy the breach. Upon termination, you may have up to 14 days to request access to your stored Content. After that period, we may permanently delete your Content without further notice.
11. Updates to the Service
We may deploy updates, enhancements, or changes to the Services at any time. This can include adding, removing, or modifying functionalities. Such changes may be implemented without prior notice.
12. Third-Party Products
We may offer third-party applications or services (“Third-Party Products”) that integrate with the Services. Use of these products is governed solely by the third-party provider’s terms and conditions. iSpyConnect is not responsible for any issues arising from your use of these Third-Party Products.
13. Proprietary Rights
All content on the Site and within the Services—including but not limited to logos, designs, text, software, graphics, and configurations—is owned by iSpyConnect or its licensors. Your rights to use the Services are strictly limited to the licenses granted herein. Feedback or suggestions you provide may be used by iSpyConnect without any obligation to compensate you.
14. No Warranty; Disclaimers
The Services are provided “as is” and “with all faults” without any express or implied warranty. To the fullest extent permitted by law, iSpyConnect disclaims all warranties—including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you are dissatisfied with any aspect of the Services, your sole remedy is to discontinue use.
15. Indemnification
You agree to indemnify and hold harmless iSpyConnect, its affiliates, employees, and agents from any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising from:
- Your Content or information provided.
- Your use of the Services in a manner that infringes on any third party’s rights or violates applicable laws or these Terms.
We will promptly notify you of any claim that may give rise to an indemnification obligation.
16. Limitation of Liability
To the extent permitted by law, neither you nor iSpyConnect (nor our respective affiliates, employees, or agents) shall be liable for any indirect, incidental, consequential, special, or punitive damages arising from these Terms or your use of the Services. The total liability of either party shall not exceed the greater of (a) 1.5 times the most recent monthly or yearly fee paid for the Service, or (b) USD 100. These limitations apply even if the remedy does not fully compensate for any losses.
17. Dispute Resolution and Governing Law
Any disputes arising under these Terms shall be resolved on an individual basis and not as part of a class, consolidated, or representative action. You agree to comply with all applicable export laws and regulations in connection with your use of the Services.
18. Trials
Some Services may be available on a trial basis for 7 days from the date of account creation. You must subscribe to a paid Service before the trial period ends. Free trials will not automatically convert to paid subscriptions.
19. Fees
We offer both free and paid Services. If you subscribe to a paid Service, you agree to pay the applicable fees. Fees and any taxes will be charged in the currency and amounts quoted at the time of purchase. iSpyConnect reserves the right to change prices, but any fee agreed upon for a specific duration will remain in effect until that term expires. If you do not agree to a fee change at renewal, you must cancel your subscription.
20. Billing and Payment
For paid Services, you must provide accurate and authorized payment information. You authorize iSpyConnect to charge your payment method:
- In advance or at the time of purchase.
- On a recurring basis if you have a subscription.
Failure to pay may result in suspension or cancellation of your Services.
21. Subscription Periods
21.1 Monthly Subscription Plan
The subscription period is one month and automatically renews unless cancelled at least three (3) business days before the renewal date.
21.2 Annual Subscription Plan
The subscription period is one year. Under this plan, you cannot cancel, downgrade, or reduce the number of seats until the anniversary date.
You may switch from a monthly to an annual plan at any time, but the reverse switch is not permitted until the end of the annual term.
Where required by law, you may have the right to cancel and receive a prorated refund for any unused portion of prepaid fees.
22. iSpyConnect Subscription-Specific Terms
If you purchase a subscription plan:
- Each user must have a separate iSpyConnect account.
- You will only have access to the features included in your chosen subscription plan.
- You are responsible for configuring the Services and managing your users and devices.
For organizational use, “users” include any individuals whose accounts are administered by your organization or whose email addresses are controlled by your organization.
23. Software License
Your use of the Services may include the use of downloadable software (“Software”). iSpyConnect grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software solely to access and benefit from the Services for personal and non-commercial purposes. Use of the Software for business, institutional, or commercial purposes requires a separate commercial license as described in Section 4.
The Software may update automatically, and you agree to such updates as part of using the Services.
24. Platform Products and API Terms
24.1 Definitions
API: The application programming interface provided by iSpyConnect.
Platform Application: An application that uses the API to access the Services.
Platform Application User: A user with a unique identifier created by you, with access governed by your settings.
Platform Products: The set of APIs, tools, and features that enable programmatic access to the Services.
24.2 Acceptable Use
You agree to incorporate the API solely for accessing subscribed functionalities and to ensure that your usage complies with these Terms, any published Platform Use Limits, and applicable law. You may not co-brand or use iSpyConnect trademarks without prior written consent.
25. General Terms
25.1 Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will continue to apply. These Terms constitute the entire agreement between you and iSpyConnect and supersede any prior agreements or representations.
25.2 Assignment and Transfer
iSpyConnect may assign its rights or obligations under these Terms without notice. You may not transfer or assign your rights without our written consent.
25.3 Independent Contractors; No Third-Party Beneficiaries
Our relationship is solely that of independent contractors. These Terms benefit only you and iSpyConnect (and our permitted successors).
25.4 Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.
25.5 Government Terms
If you are a U.S. government entity or if these Terms become subject to the Federal Acquisition Regulations (FAR), you acknowledge that the Software and Documentation are provided as “Commercial Items” under applicable FAR clauses.
25.6 Mobile Restrictions
When using the Services on mobile devices, you agree not to use the Services in a manner that could distract you while operating a vehicle or otherwise jeopardize your safety or the safety of others.
26. Notice Regarding Video Encoding Technology
Our software supports multiple video encoding standards, including H.264/AVC (default) and H.265/HEVC.
26.1 H.265/HEVC Encoding Option
Option: Users can choose to encode video using H.265/HEVC, which provides improved compression.
Licensing Implications: H.265/HEVC is subject to patents, and commercial use or distribution may require obtaining a license and paying applicable fees.
26.2 Use for Security Camera Footage
Non-Commercial Use: If you use H.265/HEVC solely for non-commercial, internal security or archival purposes, licensing fees may not be required.
Responsibility: It is your responsibility to determine whether your specific use complies with any licensing requirements.
26.3 Disclaimer
This notice is for informational purposes only and does not constitute legal advice. We recommend consulting a qualified intellectual property lawyer to ensure compliance with any applicable licensing obligations.
26.4 Additional Information
For further details on H.265/HEVC licensing, please refer to the websites of MPEG LA or HEVC Advance.
By using the iSpyConnect Services, you acknowledge that you have read, understood, and agree to these Terms. If you have any questions or concerns regarding these Terms or our licensing requirements, please contact iSpyConnect Support.