01Acceptance of These Terms
These Terms of Service (“Terms”) govern your use of the services provided by PhoneViewer (“PhoneViewer,” “we,” “us” or “our”), including our managed social media services, PhoneViewer Enterprise and our website at phoneviewer.com (together, the “Service”).
By using the Service, you agree to these Terms. You must be at least 18 years old to use the Service. If you use the Service on behalf of a business or other organization, you agree to these Terms on its behalf and confirm that you have the authority to do so. If you do not agree to these Terms, do not use the Service.
Our Privacy Policy explains how we collect, use and protect personal information.
02The Service
PhoneViewer provides managed social media operations. Real people operate the social media accounts you designate on dedicated, physical iPhones. Depending on your plan, this can include replying to direct messages and comments, publishing posts and stories, engaging with your audience, sorting inbound leads, which you can view through a client login, and preparing monthly reports. Enterprise plans cover larger portfolios of 50 or more accounts.
The accounts covered, the work included, the operating schedule and the fees for your Service are set out in your order, quote or other written agreement with us (your “Order”). If your Order conflicts with these Terms, your Order controls.
03Your Accounts and Information
PhoneViewer does not create social media accounts for you. To use the Service, you provide existing accounts that you own or are authorized to manage, along with the login details we need to operate them. You are responsible for maintaining the confidentiality of your login credentials and for activity on your accounts other than the work we perform. If we give you a login to view your leads, keep it confidential; you are responsible for activity under it.
You agree to provide accurate and complete information when you sign up for the Service and to keep it updated.
04Acceptable Use
You agree NOT to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Send spam, unsolicited messages, or engage in mass automated actions that violate platform terms of service
- Distribute malware, viruses, or harmful code
- Harass, abuse, or harm other individuals
- Engage in fraud, phishing, or deceptive practices
- Attempt to gain unauthorized access to the Service, other accounts, or systems
- Use the Service for any illegal activity
05Your Social Media Accounts
To provide the Service, you authorize PhoneViewer to sign in to and operate the social media accounts you designate, on your behalf. You confirm that you own those accounts or are authorized to manage them, and that you are allowed to give us access to them.
You remain the owner of your accounts and their content. We use the access you give us only to provide the Service. You can ask us to stop operating an account at any time; doing so may end the Service for that account.
When the Service ends, we sign out of your accounts, delete the login details and other information you provided, and factory reset the iPhone or iPhones dedicated to your business. If you stop the Service for a single account, we sign out of that account and delete its login details. Either way, we recommend changing the account’s password at that point.
06Third-Party Platforms
The social media platforms your accounts are on are operated by third parties, which set and enforce their own terms, policies and community rules. We do not control those platforms or their decisions.
Using real people on real iPhones is how we operate, but it is not a guarantee from any platform. We do not guarantee that any account will not be limited, restricted, suspended or banned, or that any particular activity is permitted by a platform. You are responsible for making sure that your accounts, content and instructions comply with each platform’s rules. We may decline any instruction that we reasonably believe would violate a platform’s rules or the law.
07Your Content and Instructions
You are responsible for the content, information, brand guidelines and instructions you give us, including any offers, prices or claims you ask us to communicate (“Your Content”). You confirm that you have the rights needed to share Your Content with us and for us to use it as part of the Service.
You grant PhoneViewer a limited, non-exclusive license to use, copy and publish Your Content solely to provide the Service to you. We may refuse to post or send any content that we reasonably believe is unlawful, infringing, misleading, or in breach of these Terms or a platform’s rules.
08Schedules, Reporting and Results
Managed accounts are worked on the operating schedule described in your Order. An operating schedule is not a promise of continuous monitoring or of a response time for any particular message, and the Service may occasionally be interrupted, for example by maintenance, device issues or platform outages.
Reports and lead details reflect the information available to us when they are prepared. We do not guarantee any particular number of leads, sales, followers, level of engagement, revenue or other result.
09Fees and Payment
You agree to pay the fees set out in your Order. Unless your Order says otherwise, fees are charged per account, billed monthly in advance, and do not include applicable taxes, which you are responsible for.
If a payment is late, we may suspend the Service after notifying you. We may change our prices for future billing periods by giving you notice before the change takes effect. Except where required by law or stated in your Order, fees already paid are not refundable.
10Cancellation and Termination
Unless your Order sets a different term, the Service continues month to month. You can cancel at any time by emailing hello@phoneviewer.com before your next billing date; cancellation takes effect at the end of the current billing period.
We may suspend or terminate the Service, in whole or in part, if you breach these Terms (including Section 4), if you do not pay, or if continuing would expose PhoneViewer, our people or others to legal or platform risk. Where reasonable, we will notify you first.
Sections 9 and 11 to 18 survive any cancellation or termination.
11Intellectual Property
PhoneViewer owns the Service, including our website, software, processes and materials, and all related intellectual property. These Terms do not transfer any of it to you. You own your accounts and Your Content, and you may use the reports we provide for your own business purposes.
12Confidentiality
Each of us may receive non-public information from the other, such as account credentials, business plans or pricing. Each of us will use the other’s confidential information only for the purposes of the Service and will protect it with reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or required to be disclosed by law.
13Disclaimers
Except as expressly stated in these Terms or your Order, the Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.
14Limitation of Liability
To the fullest extent permitted by law, PhoneViewer will not be liable for any indirect, incidental, special, consequential or punitive damages; for lost profits, revenue, data, goodwill or business opportunities; or for any action taken by a third-party platform, including the limitation, suspension or loss of an account.
PhoneViewer’s total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the three months before the event giving rise to the claim.
15Indemnification
You agree to defend, indemnify and hold harmless PhoneViewer and its owners, employees and contractors from any claims, losses and expenses, including reasonable legal fees, arising from Your Content, your instructions, your breach of these Terms, or your violation of any law, third-party right or platform rule.
16Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will let you know by email or through the Service before they take effect. The “Last updated” date at the top of this page shows when these Terms were last revised. Continuing to use the Service after changes take effect means you accept the updated Terms.
17Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute relating to these Terms or the Service will be resolved in the state or federal courts located in Texas, and both parties consent to the jurisdiction of those courts.
Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other.
18General
These Terms and your Order are the entire agreement between you and PhoneViewer about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is responsible for delays or failures caused by events beyond its reasonable control.
19Contact Us
Questions about these Terms? Email us at hello@phoneviewer.com.