deviceCheck Terms of Service

This Terms of Service Agreement (the "Agreement") is entered into by and between deviceCheck.us ("deviceCheck," "we," or "us") and you, the user of this website ("you" or "User"). This Agreement governs your use of deviceCheck's website and any related services provided by deviceCheck (collectively, the "Services").

1. Acceptance of Terms

By accessing or using deviceCheck Services, you agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to abide by these terms, you are not authorized to use the Services.

2. Description of Services

deviceCheck provides access to information regarding cellular or mobile devices through its website, deviceCheck.us. By using the Services, you acknowledge and agree that the Services may include advertisements, promotions, or other sponsored content. You also acknowledge and agree that the information provided by deviceCheck may be incomplete or inaccurate. You are solely responsible for conducting your own due diligence to ensure the completeness and accuracy of information related to your device.

3. User Eligibility

By using deviceCheck, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are accessing the deviceCheck on behalf of a company or other entity, you represent that you have the authority to bind such entity to this Agreement.

4. User Registration

In order to access certain features of deviceCheck, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions taken under your account.

5. Intellectual Property

All content and materials available on deviceCheck, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are the property of deviceCheck or its licensors and are protected by United States and international copyright laws.

6. Prohibited Conduct

• Use deviceCheck for any unlawful purpose or in violation of any applicable law or regulation.
• Use deviceCheck to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Attempt to interfere with or disrupt the Services or servers or networks connected to deviceCheck.
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of deviceCheck.
• Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Resell any data provided by deviceCheck, either in part, or in full.

7. Payment Terms

• Payment Obligation: You agree to pay all fees and charges for services rendered by deviceCheck.
• Invoicing: Invoices are due upon receipt unless otherwise agreed. Late payments may accrue interest.
• Disputes: Notify deviceCheck of any invoice disputes within 5 days. Pay the undisputed portion promptly.
• Modification of Fees: deviceCheck may modify fees with 5 days' notice.
• Payment Methods: Payments may be made using PayPal, ACH Transfer, Credit Card, or other approved methods.
• Late Fees: Late payments will incur a fee of $25 per day, not to exceed $500 USD per unpaid invoice.
• Collection Costs: You agree to reimburse deviceCheck for any costs associated with collecting overdue payments.

8. Free Daily Credits

Commencing daily at 12:00am Central Time, user accounts exhibiting a zero balance in credits shall be entitled to receive a complimentary allocation of 5 credits. This offer is expressly reserved for users whose account balances remain at zero; users maintaining a positive credit balance are ineligible for this allocation. Additionally, these complimentary credits are not applicable for utilization within the deviceCheck API Service. The administration reserves the right to impose limitations and restrictions on users identified to be abusing the services offered. It is imperative to recognize that the allocation of complimentary credits is a privilege extended at the discretion of the administration, rather than an inherent entitlement.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall deviceCheck or its affiliates, officers, directors, employees, agents, or licensors be liable to you for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Services.

10. Indemnification

You agree to indemnify and hold harmless deviceCheck and its affiliates, officers, directors, employees, agents, and licensors from and against any and all losses, expenses, damages, liabilities, and costs, including reasonable attorneys' fees, arising out of or related to any violation of this Agreement by you or any third party using your account.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, without regard to its conflict of laws principles.

12. Arbitration

By using deviceCheck, you agree that any and all disputes arising from invoices, payments, fees, or anything related to the operation of services provided by deviceCheck shall be resolved through binding arbitration in the county of Marion, in the State of Illinois, United States of America.

13. Disclaimer of Warranty

All information provided by deviceCheck is provided "as is" without warranty of any kind, whether express or implied. deviceCheck does not guarantee the accuracy, completeness, or reliability of the information provided. Users are solely responsible for conducting their own due diligence and verifying the accuracy and completeness of any information provided by deviceCheck.

14. Changes to this Agreement

deviceCheck reserves the right to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15. Communication

By registering an account on deviceCheck.us, and providing your email address, you consent to receive communications from us via email pertaining to our services, including promotional offers, service updates, outages, and other necessary notifications. We will not disclose your email address to third parties, except as required by law for law enforcement purposes.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and deviceCheck regarding the subject matter herein and supersedes all prior or contemporaneous understandings or agreements, whether oral or written.