Terms & Conditions

Last Updated: 9/12/2017

Thank you for your interest in Hubby Spy. This document outlines our terms of use and privacy policy for Hubby Spy, because this contains legal obligations (including limitations on liability and arbitration provisions) and because the Hubby Spy contains unique security functionality please read these terms carefully.

This software is designed and only authorized to be utilized by end users with authorized access on the computer in which the software is installed. Please be advised that the Computer Fraud and Abuse Act (18 U.S.C. § 1030) prohibits obtaining information from a computer through unauthorized access or exceeding authorized access and trafficking in a computer passwords. Violations of this federal law may result in criminal prosecution.

NOTE: By using Hubby Spy, you represent that you are 13 years or older and are the lawful owner of the physical hardware (computer or device) you are installing Hubby Spy on. You also represent that you are the lawful owner of all data and software contained on the computer or device you are installing this software on and will not use this software to engage in unlawful purposes at any time.

 

Pricing and Versions

Hubby Spy has two different versions, free and paid. The free version of the software includes all functionality of the paid version, except for the revealing of passwords associated with found accounts. To reveal the passwords you must upgrade to one of the paid versions of Hubby Spy, which are sold as price per revealed account, price per bundle of revealed accounts, or price for unlimited accounts. For the most up to date pricing please see https://www.hubbyspy.com.

From time to time Hubby Spy may run promotions, offer coupons, or other discounts on the Hubby Spy title. These promotional discounts may only be available to certain users, specific locations or based on other criteria. You are not guaranteed to receive any promotional price unless it is confirmed or provided to you at time of purchase.

After purchasing Hubby Spy from our secure website cart, you will be immediately emailed a copy of your receipt and official license key. Submitting the license key into the software will enable the features you’ve purchased instantly. In the event that you do not receive your license key within 5 minute, please check your junk or spam folder. If you still do not find your license key, please contact our support department by emailing: support@hubbyspy.com

NOTE: By purchasing this software from Hubby Spy, you represent that you are authorized to use the credit card used to make the purchase.

 

Returns and Cancellations

Users may return unused license keys for a period of 30 days from the date of purchase. In the event that a license key is invalid, inactive, or defective in some way, Hubby Spy will immediately replace the license key at no cost to the user. Once a purchase has been made and billed to your credit card the order is finalized and we are unable to cancel it in any way.

License keys that have been activated may not be returned under any circumstances.

 

How Hubby Spy Works

Hubby Spy includes various features to enhance user experience. Below you will find in detail a list of included features and their functionality.

Scanning

Hubby Spy will scan your computer or device for personally identifiable account information, including but not limited to: social media accounts, email accounts, website accounts, software passwords, registry passwords, and other types of accounts and passwords on your system. If the passwords are stored in an insecure format Hubby Spy may be able to display or provide you with access to the stored password.

At no time will Hubby Spy use brute force, hash databases, or other types of potentially illegal or unethical means to decrypt passwords on your computer. If a password is properly encrypted for privacy, there was a reason for it and Hubby Spy will not attempt to expose this information or even display it in your list of accounts.

Under no circumstances will Hubby Spy collect or distribute usernames, passwords or other account information. Hubby Spy does not transmit personally identifiable account information off of your computer. It is only stored locally in memory for your own personal use. Once uninstalled, all record of account information found on your computer stored by Hubby Spy will be destroyed.

Automatic Updates

To keep your computer as secure as possible and to offer you the most recent Hubby Spy features, from time to time Hubby Spy will automatically update itself and all associated functions and software. Updates typically happen behind the scenes and you will not necessarily be notified of any updates or changes to any software included with Hubby Spy.

System Monitor

Part of Hubby Spy’s mission is to improve the internet wherever possible. By installing this software, agreeing to our terms, and accepting the installation of our System Monitor service, System Monitor will be installed on your computer. This service collects non-personally identifiable software and website meta-data for analysis and may access your internet connection. Installing the System Monitor portion of Hubby Spy is entirely optional by selecting ‘Skip’. If at any time you would like to remove the System Monitor service, you can do so through the standard uninstall process included with your computer.

Uninstallation

You may uninstall all features associated with Hubby Spy by going to your computer’s ‘Control Panel’ and selecting ‘Add/Remove Programs’ or ‘Programs and Features’. There you will see a complete list of programs and software installed on your computer. Select the Hubby Spy and click ‘Uninstall’. If you opted to install the Anti-malware service, you may also uninstall this option separately by repeating the same process. Neither software product is required for the other to run successfully.

NOTE: Hubby Spy functionality is subject to change without notice.

 

1. Changes to Terms of Use.

We reserve the right, in our sole discretion, to change these Terms of Use at any time and they will be included in any updates you might download. Where a Hubby Spy update includes changes to these Terms of Use, we will flag this for you and your continued use of the Hubby Spy will be deemed acceptance of any revised Terms of Use.

 

2. License

All content included with Hubby Spy (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Hubby Spy, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained in Hubby Spy for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content in Hubby Spy, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from Hubby Spy, or use of Hubby Spy for purposes competitive to Hubby Spy, is expressly prohibited. Hubby Spy, or its licensors or content providers, retain full and complete title to the material provided in Hubby Spy, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

Trademarks, logos and service marks displayed on Hubby Spy are registered and unregistered trademarks of Hubby Spy, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on Hubby Spy shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on Hubby Spy without the owner’s prior written permission, except as otherwise described herein. Hubby Spy reserves all rights not expressly granted in and to Hubby Spy and its content. This Hubby Spy and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

 

3. Notices and Contact

By downloading Hubby Spy, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to Hubby Spy electronically. You also agree to permit Hubby Spy to use your email address to send you commercial messages regarding various promotions and offerings we think may be of interest to you and permit Hubby Spy to contact you via ‘text message’ (txt message), pre-recorded voice, or directly to any mobile or land line phone you may provide. You may withdraw your to receiving notices and other communication electronically by email to support@hubbyspy.com.

 

4. DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that anything on this Hubby Spy or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: 109 E 17th St., Suite 4, Cheyenne, WY 82001 or support@hubbyspy.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.

 

5. Foreign Users

Hubby Spy makes no representation that materials associated with this Hubby Spy are appropriate or available for use in other locations. If you access this Hubby Spy from outside the United States, please understand that this Hubby Spy may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Hubby Spy, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall Hubby Spy be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

 

6. Links

This Hubby Spy may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. Hubby Spy has not necessarily reviewed all the information on those other Hubby Spys and is not responsible for the content of those or any other Hubby Spys or any products or services that may be offered through those or any other Hubby Spys. Inclusion of links to other Hubby Spys should not be viewed as an endorsement of the content of linked Hubby Spys. Different terms and conditions may apply to your use of any linked Hubby Spys. Hubby Spy is not responsible for any losses, damages or any other liabilities incurred as a result of your use of any linked Hubby Spys.

 

7. Disclaimers

THIS HUBBY SPY IS PROVIDED BY HUBBY SPY ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUBBY SPY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS HUBBY SPY OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS HUBBY SPY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS HUBBY SPY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISSION PROPERTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUBBY SPY DOES NOT WARRANT THAT THIS HUBBY SPY, ITS SERVERS, OR E-MAIL SENT FROM HUBBY SPY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUBBY SPY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS HUBBY SPY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL HUBBY SPY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HUBBY SPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS HUBBY SPY AND/OR GOODS AND SERVICES OFFERED THEREBY; ANY DISCLOSURE OF INFORMATION PROVIDED TO HUBBY SPY (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF HUBBY SPY), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF Hubby Spy; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HUBBY SPY; THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; OR CREDIBLE THREATS OF ANY OF THE ABOVE; AND/OR ANY OTHER MATTER RELATING TO THE HUBBY SPY HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL HUBBY SPY’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

8. Indemnification

You agree to indemnify, defend and hold harmless Hubby Spy and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages, bodily harm, personal property damage and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use, misuse or misappropriation of the Hubby Spy and any violation of these Terms of Use and/or Privacy Policy, including infringement of any patent or copyright, or misappropriation of any trade secret. If you cause a technical disruption of the Hubby Spy or the systems transmitting the Hubby Spy to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Hubby Spy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Hubby Spy in the defense of such matter.

 

9. Choice Of Law/Arbitration

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods). Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Los Angeles County Small Claims court; (v) for any claims of infringement or misappropriation of Hubby Spy’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.

 

10. Prior Notice of Claim

For all disputes you may have, whether pursued in court or arbitration, you must first give Hubby Spy an opportunity to resolve the dispute by providing written notification to support@hubbyspy.com and via postal mail to 109 E 17th St., Suite 4, Cheyenne, WY 82001 stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If Hubby Spy does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above.

 

11. Binding Agreement

This Agreement constitutes the entire agreement between Hubby Spy and you concerning your use of the Hubby Spy and supersedes all prior agreements (if any). A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement. In such an event, this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

 

NOTICE OF ARBITRATION AGREEMENT:

This agreement provides that all disputes between you and Hubby Spy will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

FOR MORE DETAILS visit http://www.adr.org/consumer_arbitration.