Terms and Conditions

Please read these terms carefully as they set out your rights and obligations when you sign up to use any of our services.

Terms and Conditions

Introduction.

By registering for, or using any of our services, you agree that you have read, understood, and are bound by these terms, regardless of how you register or use our services.

Without limiting the foregoing, we may ask you to agree to any or all of the terms when you first register, or start using a service.

If you do not wish to be bound by these terms, then you should not register, or start using a service.

If you have a written contract with us, you will also be bound by these terms. In any case, in cases where there is a conflict between the written agreement and these terms, the written agreement will prevail.

Interpretation of these terms

In these terms:

  1. agreement means the agreement between us and you resulting from your acceptance of these terms as set forth below in the section entitled “Introduction”;
  2. Sellspy websites refer to the sites owned and operated by us located at www.sellspy.com including any page, part or element found there[JO1] ;
  3. content includes any information, data, text, music, sounds, graphics, video, messages, hyperlinks or tags;
  4. downloads mean any software, data, applications, code, files or content that you obtain, view or download when you use a service.
  5. fees mean the amounts we charge you for the use of our services, including (but not limited to) our transaction or subscription fees, and any third-party fees we incur;
  6. intellectual property rights, include (but not limited to) any and all rights, titles and interests (whether registered or not) in and to any intellectual property, patents, copyrights, industrial designs, models of utilities, trademarks, brand names, service marks, designs, logos, devices, knowledge, trade secrets and research (whether proprietary or not), source code, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual properties as they may exist in the world and any application for their registration of those rights which are protected by local and international laws and infringement treaties;
  7. service means any service, product, good, download, content, program or website that we may from time to time provide;
  8. terms mean the terms and conditions set forth in this document and include any additional terms (as defined below in the section entitled “Additional Terms”);
  9. use includes (but is not limited to) accessing, obtaining, downloading, recording while using or viewing a service;
  10. we, our and ours refer to Sellspy SAPI de CV;
  11. you and your refer to anyone who signs up for or uses our services; the singular includes the plural and vice versa; and titles are for reference only and not for interpretation.

The hyperlinks within these terms are part of them. Any hyperlink that is not in operation does not detract from its validity in any way nor does it affect the interpretation of these terms.

Changes to terms.

We may change any or all of the terms including (but not limited to) fees at any time without notice to you.

Any changes will take effect as soon as they are posted on our website.

You should check our website and its terms regularly to review any changes made.

If you continue to use our services after we make any changes, you agree to be bound by the changed terms and charges.

If you do not accept the changes to the terms or charges, you must refrain from using our services (see the section below entitled “Termination of service”). 

Additional terms.

Some of our sites or documents may contain additional rules, guidelines, charges or terms and conditions (additional terms).

By subscribing to or using our services in connection with those websites or documents, you agree to abide by and comply with those additional terms at all times.

These terms will take precedence over the additional terms in case there is a conflict between them.

Services – general.

We always try to provide the services in the best possible way.

We may suspend, interrupt, change or terminate any service for any reason without notice.

We will endeavor to widely publicize changes to our services that have a general impact.

We will also endeavor to notify you in advance of any interruption in service due to maintenance activities.

Limitation of liability and indemnities.

In this section

-       Damages includes all damages of any nature and including (but not limited to) all damages, losses, claims or costs, including (but not limited to) loss of information, profits or reputation, or loss of opportunities to  business no matter yes:

or   was established in the contract treacherously or for any other reason;

or   is direct, indirect, special or consequential;

or   it is predictable or not; and

or   there was a previous notification of the damages or not; and

-       Uncontrollable events include any circumstance beyond our reasonable control, including (but not limited to) fire, explosion, earthquake, flood, storm or other adverse weather condition, declaration or non-declaration of war, civil war, revolution , civil commotion or other civil unrest, riot, blockade, embargo, sanctions, epidemics, acts of any government or other authority, enforcement of government orders, demands or legislation, or any act or omission of responsibility of a third party.

You register or use any service at your own risk.

Neither we nor any of our affiliates, employees, investors, agents or service providers have any obligation or commitment to you or any third party  for any damage inflicted on you or a third party however presented, including (but not limited to) any damage inflicted on you due to:

-       our negligence, or the negligence of our affiliates, employees, investors, agents or service providers;

-       your use of a service;

-       any interruption of, or error in the service;

-       our failure to perform our obligations as a result of an uncontrollable event; or

-       exposure of your information.

If you are harmed or dissatisfied with a Service, your sole remedy is to terminate this Agreement or stop using the Service (see the section below titled “Termination of Service”) .

You will indemnify us and our affiliates, employees, investors, agents and service providers against all third party claims, damages and legal costs in any form caused by or relating to:

-       breach of these terms;

-       any claims made by third parties due to your use of a service.

No Warranty Notwithstanding anything to the contrary in these terms, we:

-       we provide all services on an "as is" and "as available" basis; and

-       we do not authorize,  we endorse or warrant, either expressly or implied, that any service will be error-free or uninterrupted, always available, fit for any purpose, secure or not infringe any right of a third party.

Without limiting the generality of the foregoing, no service is fault tolerant or designed or manufactured for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including (but not limited to) use in nuclear facilities, airborne communication or navigation systems, air traffic control, machines directly involved in sustaining human life, or weapons systems , in which case any failure could directly lead to death, injury, or severe physical or environmental damage (“high-risk activities”). In addition to other provisions and limitations contained in this agreement, we and our affiliates, investors, employees, agents and service providers specifically disclaim any authorization, express or implied, to accommodate high-risk activities, including emergency notification services.

You should not construe any information, ideas and opinions expressed on our website as professional advice or our official opinion. Please obtain professional advice before you take any action related to the information, ideas or opinions expressed on our website.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the limitations or exclusions may not apply. In those jurisdictions, our liability (and the liability of our affiliates, employees, investors, agents, and service providers) shall be limited to the fullest extent permitted by applicable law.

Third party goods and services.

In many cases, we provide third party services, or our services in conjunction with those of third parties including (but not limited to) telecommunications providers.

In those cases, the following conditions apply:

-       we provide those services subject to the terms, conditions and limitations imposed by the third parties;

-       If those third parties change, suspend or stop providing their services, we may similarly change, suspend or stop providing the services to you without notice. We may in any way try to provide that service in another way or using another third party;

-       you authorize us to provide any part of your information to those third parties  where necessary to enable third parties and ourselves to provide the service to you;

-       In the event of a conflict between the terms and conditions of a third party and these terms, these terms will prevail;

-       When you purchase goods, downloads or services from a third party through any of our services, you understand and agree that:

or   we are not part of the contract between you and the third party;

or   we do not have to monitor the third party services you use;

or   the third party will be responsible for all the obligations sustained with you in the contract including (but not limited to) the guarantees;

or   you should evaluate the goods, software or services and the application of the terms and conditions before purchasing the goods, software or services; and

or   you will indemnify us against any damages (as defined above in the section entitled “Limitation on Liability and Indemnifications”) however caused by your acquisition and use of the goods, software or services of a third party;

-       we may reject or deny any third party service used by you in conjunction with our service.

Messages are considered delivered when we have delivered them to the immediate destination for which our software is programmed, including SMTP servers, mobile phone networks, or any other server intermediary or API that is considered as the point of delivery of the message.

Please note that, as we focus on providing an aggregate coverage service, third-party telecommunications providers may eventually decide not to be part of our coverage network or the networks of our service providers. This could cause messages to not be delivered.

Application Program Interface (API) service.

In addition to the other terms, this section applies if you use our API service.

We have enabled companies or individuals to connect to our server in order to facilitate text messaging directly to our Gateway.

We may approve or deny connections from clients and APIs at our discretion.

We encourage the use and dissemination of anti-spam policies (unwanted messages).

We provide you with a username and password. You must specify from which IP address or range of IP addresses you will send messages to our Gateway. This will ensure that the connection is always secure on our end. Any additional security measures will be your responsibility, such as limiting the ability to make a connection from the specified IP addresses.

We will provide the specifications for API connections and will try to keep these specifications up to date, these specifications may be incomplete and may change from time to time without notice. You should test the specification from time to time, as we are not responsible if the specification may be incorrect or incomplete. 

Equipment

You must acquire and keep low your costs the following:

-       computer, telephone, other telecommunications equipment and software; and

-       networks or internet access, as long as it is necessary for the use of our services.

You must ensure that your computer, telephone, other telecommunications equipment and software are compatible with the service in question before registering to use this service.

You should regularly back up your data.

User account, password and security.

Sometimes, to register or to use a service, you must provide us with information about yourself as requested.

You agree that all information you provide to us is current, complete and accurate.

We may suspend or stop any service if you have provided us with information that is not current, complete and accurate.

You must tell us if any of the information you have provided has changed.

You will need to choose a password. We will provide you with an account and customer number.

You:

-       you must keep your password, customer number and account information confidential and must not allow access to it by third parties;

-       you must not bypass, or attempt to bypass, our user authentication systems;

-       You are fully responsible for all payments and any activities that occur using your account;

-       You are responsible for any damages, losses or costs that we or a third party incur, however caused, as a result of any of your actions, or any action of a third party using your password, username or account information; and

-       You will indemnify us against any claim however caused when it arises from any use of your password, account or account information by a third party or as a result of your failure to comply with this clause.

You must notify us immediately if there is any unauthorized use of your account or any other circumstance that compromises the security or authenticity of transactions.

Your privacy.

We respect your privacy.

We do not monitor, edit or allow access to any personal information or account details without your prior written consent, unless we can or are required by law.

We will endeavor to do our best to protect your privacy on systems and websites that we control.

However, we are not responsible for any unauthorized or unlawful access to your personal information by third parties beyond our control (for example, advertisers and websites that have links to our website).

The information and privacy policies of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks may be different from ours.

We are not responsible for the security of any information you transmit to us.

Our service may transmit the sender's name and/or email address at the end of each message each user sends.

You give us permission to send you notifications of any updates, improvements, news, or other information that we consider important to communicate to you related to the service. These communications will not constitute spam (junk messages or emails). You can ask us to stop sending you such communications.

For more information about our collection, storage, processing, use, and monitoring of your personal information, see our Privacy Notice.

Messages and other limitations

We are not responsible for the deletion or failure to store the information.

Other than your balance, we do not have a limit on the number of messages you can send through the service.

We may consider whether or not your conduct is consistent with the provisions and spirit of the agreement and may terminate the service at any time if your conduct does not comply with the agreement.

Please see the section below titled “Termination of Service” for more information on the procedure for terminating service.

We may in the future, with prior notice, limit the amount of storage space available to you.

The sender ID that may be included as part of a text message is not a guaranteed feature. Your message may be sent without sender identification and we will not notify you in these cases.

We will try our best to deliver your message as quickly as possible, however, there may be delays in message delivery due to queuing or network traffic. Regardless of this, the message can be viewed as "delivered".

His conduct

You will only use the services:

-       agree to these terms;

-       for completely legal purposes;

-       in accordance with all applicable local, national and international laws and regulations; and

-       for the purposes for which they were designed.

When using our services, you must not:

-       do anything that violates these terms;

-       send unwanted SMS messages by the recipient or spam (commercial or of any other nature);

-       cause any misinterpretation including (but not limited to):

or   mislead, defraud or otherwise misrepresent your identity to any person regardless of any factor or circumstance;

or   impersonate or attempt to impersonate or otherwise misrepresent your identity to any person regardless of purpose or create a false mobile phone identity;

or   change the content of communications received by you and then forward them to others without telling them  the changes and their reason; and

or   manipulate the origin details and information in any electronic message in order to disguise or eliminate the origin of any transmission using our service;

-       transmit any message including (but not limited to) that which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, violent or contains child pornography or violence, racial or religious slurs or threats, or invitations to physically harm or similar or invitations to violate the rights of any person regardless of whether these contents are consulted, transmitted, propagated, distributed, created or stored in public or private contexts;

-       commit fraud or solicit or induce any person to engage in any commercial or non-commercial activity where the underlying motive is a financial scam, "pyramid scheme" or "chain mail";

-       violate or infringe any intellectual property right;

-       do anything that does or can do the following:

or   damage, impair, overburden, or disable any system of any person (including us) using our services;

or   interfere with another user in the use and enjoyment of the service or similar service;

or   interfere with or disrupt networks connected to the Service or violate regulations, policies or procedures on those networks; or

or   compromising or violating the security of our or any person's software, hardware, systems, networks, or services;

-       transmit any computer code that is designed to harm the operation of any software, hardware, or network, including (but not limited to) viruses, Trojan horses, worms, and time bombs;

-       collect information about others, including email addresses, without their consent for any reason;

-       violate another person's privacy;

-       reproduce, replicate, copy, sell or resell any of:

or   our services or any part of them (including (but not limited to) websites and web pages, or any service that constitutes the provision of telecommunication services in the terms of the applicable legislation); or

or   the information or data contained in our services;

-       repeatedly or rapidly transmit content as a way to harass the recipient;

-       transmit content that you do not own or do not have permission to post or distribute;

-       access any of our services or any similar third-party services or any network without authorization or through hacking, password mining or otherwise;

-       engage in any illegal activity including (but not limited to) promoting or facilitating access to, use or sale of dangerous substances or devices;

-       use the service for commercial purposes without our authorization; or

-       help a third party to perform any of the actions mentioned above.

Use of the Sellspy  website

We give you  You are granted a non-exclusive, non-transferable license to view, download, store and print the content on our website, provided that you use the content for private, personal, educational and/or non-commercial purposes only. You must not use the content for any other purpose without our consent.

You may only cache our website if:

-       the purpose of caching it is to make the transmission of information from our website more efficient;

-       the cached content is not altered in any way;

-       cached content is updated at least every 12 (twelve) hours; and

-       cached content is removed or updated when required by us.

You must direct hyperlinks to our website from any other source to the home page of the site. You may only provide hyperlinks beyond the home page of our site with our prior written consent.

If you link to pages other than the home page of our site you do so at your own risk and you will indemnify us for any loss, liability or damage that may result from such hyperlinks.

You may quote small and reasonable amounts of content available on our site only if such quotes are enclosed in quotation marks and the source is referenced.

You will not capture images from our site in any way without our prior consent.

You shall not use or attempt to use any technology or applications (including (but not limited to) "web crawlers", robots or "web spiders") to search, collect or copy content from our site for any purpose, without our prior consent.

You may not incorporate email addresses, names, telephone numbers, or fax numbers posted on our site into any database used for electronic marketing or similar purposes.

We do not grant permission, either express or implied, for you to use information from our site to send unsolicited communications, messages or emails to us.

Termination of service

You may terminate the service at any time for any reason by following the procedure set forth on our website and in these terms.

When you terminate service, the relevant provisions of these terms will apply including (but not limited to) the provisions set forth within the “Charges and Payments” section below. .

If you have any questions about the correct way to end this agreement please email us  to admin@sellspy.com.

Charges and payments.

Charges.

Consequent to the use of our services, you must pay our charges, at the applicable rate, in the manner specified, including (but not limited to) our charges for messages shipped or partially shipped using any available delivery method.

We may from time to time for limited periods offer “free trial packages” or similar promotions which will have no or reduced charges. Such promotions are intended for you to test the capabilities of our service and/or for occasional, personal use only.  During those promotions, all of these terms apply.

All charges are prepaid.

You must pay all charges in advance by purchasing service packages or by paying a cash balance. If you do not have a balance, then you cannot use the service. Once you have paid in advance, you will only be able to use the service after a reasonable amount of time is required to post the balance to your account.

Payment.

Payments will be considered made as soon as the charge is reflected in our bank account or Paypal account. We may establish any other payment method in addition to those specified on our website at our discretion, and in individual cases.

If we send you a receipt for you to make a payment, you must pay it within 7 (seven) days after the date the receipt was issued.

If you fail to pay any amount, it will be considered a breach of these terms.

Payment by credit card.

If you choose to pay for the service by credit card, and we do not receive any payment from the card issuer, you must pay all amounts due.

The agreement between you and the credit card issuer governs the use of your credit card. So refer to that agreement to see what your rights and obligations are as a cardholder.

Taxes.

All prices include VAT.

Increase in prices.

We may at any time increase our prices at any time by giving notice to you.

If we increase prices after you have purchased any service packages from us, we will honor the price at which you purchased them 12 hours after the new prices are posted on our site. After this period, the increase will apply to those services that still have a balance in your account. In the event that you have a money balance, the new rates that will affect said balance will take effect immediately.

During the 12 hour period you can choose:

-       continue with the service subject to the increase; or

-       terminate service, in which case we will pay you the value of any service balance remaining on your account.

You can use the service again by buying credit for services or paying money.

Service balance expiration.

When you acquire a service package, you are specified the expiration time of the package you are acquiring. The expiration date will be calculated taking as the initial date the day you buy the package. In the event that you have a balance of that service available and purchase a new package of the same service, the expiration date of the balance of that service will be the date that is furthest in time between the expiration date of the balance that you had in your account that service and the expiration date of the new package. We may, at our discretion, in individual cases extend the expiration date of the balance of the contracted packages.

Reimbursement of contracted services.

You may request a refund for any unused service within 7 days of making your purchase. We will not refund licensing fees, administrative fees, and any other fees you may have paid us.

When you ask us to reimburse you for contracted services, we:

-       we will first deduct our charges for messages sent;

-       We will pay the amount according to the factor that corresponds to the equivalence of the message unit sent;

-       we will retain 10% of the amount to be reimbursed due to administrative expenses; and

-       we will retain any costs we incur in making the refund (for example, bank charges).

Other than as stated above, we will not refund any fees or payments.

Interests.

We may charge interest on any amount due that has not been paid at a rate of 2% daily, calculated from the date the debt is due until the day of payment, both days included.

Type of currency.

We will make the charges in US dollars (USD) through our website, and the currency of the payment instrument selected by you will be converted to US dollars. The conversion may vary due to fluctuations in the exchange rate. The financial charge will be the one reflected in your account or credit card statement.

We reserve the right to change at any time and to any currency other than US dollars (USD).

In the case of deposits in our bank accounts, the deposit must be made in the currency specified on the website for each bank account.

Violation of these terms.

If you violate any of these terms, then we may immediately, without prejudice to any of our other rights and without notice to you:

-       claim payment of all unpaid amounts you owe us;

-       stop or suspend your use of any of our services;

-       terminate the agreement; and/or

-       claim damages.

In all cases, we will be able to keep all amounts paid by you and recover costs we have incurred because of your violation, including (but not limited to) covering commissions and lawyers and other legal costs.

Effect of terminating this agreement or suspension of service.

If this agreement is terminated or any service is suspended for any reason, you will be responsible for any outstanding obligations including (but not limited to) payments for any costs or charges in that you may incur as a result of the termination or suspension, and the payment of all charges that you have pending before the termination or suspension.

Your payment and other obligations under this agreement will not be suspended or in any way affected by the suspension of access to or use of a service (in whole or in part) where the suspension arises from your failure to comply with these terms.

Upon termination and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service and delete all our downloads on any computer, database data, server (local or remote) in your possession or under your control.

We have no obligation to you after you terminate or cancel a service or this agreement.

Intellectual property and downloads.

We (or the appropriate third party) will retain all intellectual property in the Services, the systems providing the Service, and downloads.

You shall not, directly or indirectly:

-       sell, sub-license, lease, distribute or transfer in any way any download to a third party;

-       appropriate downloads in whole or in part for any purpose;

-       decompile, disassemble or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;

-       create derivative works based on the downloads;

-       incorporate the downloads into any other content for any purpose;

-       remove any legal notices (trademark rights or proprietary rights notices);

-       reproduce, publish, perform, transmit, make an adaptation, sell, lease, offer or display any copy of any content for which we have the record of the right to use;

-       digitally capturing or photographing any portion of the web pages is not part of the service.

You must comply with all national and international laws related to intellectual property rights.

You will retain ownership of any original content you provide while using a service, including any text, data, information, images, photographs, music, sound, video, and any other material that you may have uploaded, transmitted or stored while using the service.

For the duration of this agreement and the service, we grant you a license  individual, personal, non-exclusive and non-transferable use of our downloads, in object code form only, and only in accordance with applicable end user documentation, if any.

Hyperlinks

We will provide hyperlinks to websites that we do not control (external sites).

We do not necessarily endorse, agree with or support the content, products and/or services of external sites.

Interception of communication

By subscribing to or using a service, you agree that we may intercept, block, filter, read, and monitor any communications made by you as permitted by laws in order to conduct our business and secure our systems.

General Provisions

Government legislation.

The terms are governed by and must be constituted under the laws of the People's Republic of China. All disputes, actions and other related matters will be resolved in accordance with said legislation.

Jurisdiction.

You submit to the jurisdiction of the courts of the People's Republic of China.

Entire agreement.

These terms constitute the entire agreement between you and us relating to the subject matter of it. No action, representation, warranty, term or condition regarding the subject matter of the terms not incorporated therein will bind you or us. Any changes or additions to the terms will only be valid if made by us in accordance with the section entitled "Changes to the terms" above.

Directions.

You select as your residence address (domicile) for the purposes of receiving legal processes and notifications, the address included in the personal data, which you must provide when you start using the services. We may send you any notice (other than legal process) by email. You must notify us if your address changes. Our address is as specified in the section entitled “Information and Provisions” below.

No disclaimer.

Any waiver, leniency, relaxation or extension of any of the terms will be effective only in a specific instance and for the purpose given. No failure or delay on our part in the exercise of any of our rights will constitute or be construed as a waiver of them.

Dispositions are detachable.

Each provision of the terms is detachable from the other provisions. If any provision is found to be invalid or unenforceable, we may change it in terms of the section entitled "Changes in Terms" above or remove it entirely. The remaining provisions in the terms will continue to bind both parties.

No agency or authority.

These terms do not create an agency, partnership, or employment contract between you and us. You have no authority to bind us.

Session and delegation.

You will not assign, assign or delegate your rights or obligations under these terms. We may assign, assign or delegate our rights and obligations under these terms without your consent.

Information and provisions.

In this section, “data messages” encompasses all data messages regardless of content or transmission medium.

-       Our phone number: +8617758080608

-       Our site: www.sellspy.com

-       Our email address: admin@sellspy.com

-       Price of our services: Please go to www.sellspy.com and click on the link of the service you want to use. Please see the section titled “Charges and Payments” above.

-       Payment methods: You can pay using the Paypal service or by making a deposit to our bank accounts.

-       The form and period within which you can access and consult the complete record of the transactions: We will give you the complete detail of each transaction. Please print and/or save these records. We will also provide you with transaction records upon request for a limited period of time from the date the transaction was made.

The information, goods and/or services advertised on our site are not an offer, but only an invitation to do business.

We take for granted any message you send unless we reply to your message, or when we issue an acknowledgment. We will not accept a message if that message has been blocked, filtered and/or destroyed by our content filtering and anti-virus security systems.

Electronic signatures, encryption and/or authentication are not required to establish a valid electronic communication between you and us.