Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NearbySpy Inc ("NearbySpy," "we," "us," or "our") regarding your use of the NearbySpy website and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

NearbySpy operates as an online directory and platform that connects clients seeking private investigation services with licensed private investigators. Our Service includes:

• A searchable directory of private investigators
• Profile creation and management tools for investigators
• Messaging functionality to facilitate communication between clients and investigators
• Information and resources about private investigation services

3. Payment Processing

NearbySpy ("we", "us", the "Service") is a directory and communication platform that connects clients with private investigators ("Investigators"). We do NOT:

• collect fees on behalf of Investigators;
• hold any portion of Investigator fees in escrow;
• guarantee the work, qualifications, or pricing of any Investigator;
• act as a payment processor, money transmitter, or fiduciary for either party.

All pricing, invoicing, and payment is negotiated and carried out directly between the client and the Investigator. Disputes about payment or work quality are between those two parties. NearbySpy may, at its sole discretion, remove an Investigator from the platform for repeated disputes but is not obligated to mediate.

4. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Investigator Accounts

Private investigators creating profiles on NearbySpy represent and warrant that they:

• Hold all necessary licenses and permits required in their jurisdiction
• Maintain appropriate insurance coverage
• Comply with all applicable federal, state, and local laws
• Provide truthful and accurate information in their profiles

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. Limitation of Liability and Disclaimers

5.1 No Involvement in Investigations

NearbySpy does NOT conduct, supervise, or participate in any investigations or cases. We are NOT a party to any agreements, contracts, or arrangements between clients and investigators. All services, fees, terms, and conditions are negotiated directly between clients and investigators.

5.2 No Responsibility for Investigator Actions

NearbySpy is NOT responsible for:

• The quality, accuracy, legality, or outcome of any investigation or services provided by investigators
• Any disputes, claims, or damages arising from services provided by investigators
• The conduct, credentials, or licensing status of investigators listed on our platform
• Any violations of law or ethical standards by investigators
• Any financial transactions between clients and investigators
• Any breach of confidentiality or misuse of information by investigators or clients

5.3 Direct Resolution Required

Any issues, disputes, complaints, or legal matters arising from an investigation or services provided by an investigator must be addressed DIRECTLY with the investigator. NearbySpy will NOT mediate, arbitrate, or involve itself in such matters.

5.4 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

6. User Conduct

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, threatening, abusive, or harassing content
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Collect or harvest information about other users without consent
• Post false, misleading, or fraudulent information
• Engage in any illegal activities or solicit illegal services

7. Messaging and Communication

Our messaging feature is provided solely to facilitate initial contact and communication between clients and investigators. We do NOT monitor, review, or control the content of messages. Users are responsible for all communications sent through the Service.

We reserve the right to remove or restrict access to the messaging feature for users who violate these Terms or engage in inappropriate conduct.

8. SMS / Text Message Communications

NearbySpy offers optional SMS (text message) communications to registered users in the United States. SMS messages from NearbySpy fall into two categories:

• Account security messages: One-time passcodes for login, signup, and two-factor authentication.
• Transactional account notifications: Alerts when you receive a new case request or a direct message from another user on the platform.

8.1 Opt-In is Required and Not Automatic

SMS notifications are strictly opt-in and are NOT enabled by default. Creating a NearbySpy account does not, by itself, sign you up for any text messages. To receive SMS messages from NearbySpy, you must take the following affirmative steps in your account settings at nearbyspy.com/dashboard/settings:

• Enter a valid U.S. mobile phone number;
• Verify ownership of that number via a one-time verification code;
• Manually toggle on "SMS notifications" for each message category you want to receive.

No SMS message of any kind is sent to a user who has not completed all three of the steps above. By completing these steps and enabling SMS notifications, you expressly consent to receive recurring automated text messages from NearbySpy at the mobile number you provided.

8.2 Message Frequency, Rates, and Carriers

Message frequency varies based on your account activity and the categories you have enabled. Message and data rates may apply. NearbySpy is not responsible for any charges imposed by your mobile carrier. Carriers (including but not limited to AT&T, T-Mobile, Verizon, U.S. Cellular, and their MVNOs) are not liable for delayed or undelivered messages.

8.3 Opt-Out and Help

You can opt out of SMS messages at any time by replying STOP to any text message from NearbySpy, or by toggling SMS notifications off in your account settings. After you reply STOP, you will receive a single confirmation message and no further SMS messages will be sent (other than account security codes you specifically request by attempting to log in).

For help, reply HELP to any message or contact us at contact@nearbyspy.com or 800-901-3344.

8.4 No Marketing or Third-Party Use

NearbySpy does not send marketing or promotional SMS messages through this program, and we do not share, sell, or rent mobile phone numbers or SMS opt-in information to third parties or affiliates for marketing purposes. Phone numbers collected for SMS are used solely to deliver the account security and transactional notifications described above.

9. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are owned by NearbySpy and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of content you submit to the Service, but you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with operating the Service.

10. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

11. Indemnification

You agree to indemnify, defend, and hold harmless NearbySpy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Santa Clara County, California, except that either party may seek injunctive relief in court.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

14. Contact Information

If you have any questions about these Terms, please contact us:

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NearbySpy regarding your use of the Service and supersede all prior agreements and understandings.