Terms of Service
Last updated: November 12, 2024
Plain English Summary
By using ScamBrake, you agree to: (1) Use the service responsibly and legally, (2) Understand that ScamBrake is a tool to help detect scams but not a guarantee, (3) Not hold us liable for scams you might encounter, and (4) Follow our policies. That's it in a nutshell - but please read the full terms below.
1. Agreement to Terms
By accessing or using ScamBrake ("Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree, please don't use our Service.
These Terms constitute a legally binding agreement between you and ScamBrake. By creating an account or using our Service, you confirm that you have read, understood, and agree to these Terms.
2. Eligibility
To use ScamBrake, you must:
- Be at least 13 years old (or 16 in the EU/UK)
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under applicable law
- Provide accurate and complete registration information
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. License to Use Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use ScamBrake for personal, non-commercial purposes.
You MAY:
- Use ScamBrake to detect and analyze potential scams
- Install the browser extension and mobile app on your devices
- Share your alerts with designated caregivers
- Export your personal data
You MAY NOT:
- Copy, modify, reverse-engineer, or decompile ScamBrake
- Use ScamBrake to develop competing products
- Remove, obscure, or alter copyright or trademark notices
- Use ScamBrake for illegal purposes or to violate any laws
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Scrape, spider, or crawl the Service
- Circumvent any security features or rate limits
- Use the Service to spam, harass, or harm others
- Resell or redistribute access to the Service
4. Accounts and Security
You are responsible for:
- Maintaining the security of your account credentials
- All activity that occurs under your account
- Notifying us immediately of unauthorized access
- Keeping your account information accurate and up-to-date
We are not liable for any loss or damage from unauthorized account access due to your failure to maintain security.
5. Subscription and Payment
Free Tier
Our free tier provides local scam detection with no data collection. No payment required.
Premium Tier
- Billed monthly or annually
- Automatically renews unless cancelled
- Prices subject to change with 30 days notice
- Refunds available within 7 days of initial purchase
- Cancel anytime - access continues until end of billing period
Enterprise Tier
Custom pricing and terms available. Contact us for details.
All payments are processed securely through our payment processor. We do not store your credit card information.
6. Service Disclaimer
IMPORTANT - PLEASE READ CAREFULLY
ScamBrake is a detection tool to help identify potential scams. It is NOT a guarantee and cannot catch every scam.
No Guarantee of Accuracy
While we use advanced AI and continuously improve our detection, ScamBrake:
- Cannot guarantee 100% accuracy in scam detection
- May produce false positives (flagging legitimate messages)
- May produce false negatives (missing actual scams)
- Should be used as ONE tool in your security toolkit, not the only one
Not Financial or Legal Advice
ScamBrake is NOT:
- Financial advice or investment guidance
- Legal advice or counsel
- A replacement for professional security services
- Anti-virus or malware protection
Third-Party Platforms
ScamBrake integrates with Gmail, WhatsApp, Messenger, and other platforms. We are not affiliated with, endorsed by, or sponsored by these platforms. Their terms of service apply separately.
7. Limitation of Liability
CRITICAL LEGAL SECTION
Please read this section carefully as it limits our liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Service Provided "AS IS"
ScamBrake is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We Are Not Liable For:
- Financial losses resulting from scams
- Missed scam detection (false negatives)
- False positives disrupting legitimate communications
- Service interruptions, downtime, or errors
- Data loss or corruption
- Third-party actions or breaches
- Consequential, indirect, incidental, or punitive damages
- Loss of profits, revenue, or business opportunities
Maximum Liability
Our total liability to you for all claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.
Essential Purpose
Some jurisdictions do not allow certain limitations of liability. If these laws apply to you, some limitations may not apply, but our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless ScamBrake, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws
- Any content you submit through the Service
9. Privacy and Data Protection
Your use of ScamBrake is also governed by our Privacy Policy, which explains how we collect, use, and protect your data in compliance with GDPR, CCPA, and other privacy regulations.
By using the Service, you consent to our data practices as described in the Privacy Policy.
10. Intellectual Property
The Service and all content, features, and functionality (including but not limited to software, algorithms, text, graphics, logos, and trademarks) are owned by ScamBrake and protected by copyright, trademark, and other intellectual property laws.
You retain ownership of any data you submit to the Service. By submitting data, you grant us a limited license to use it to provide the Service and improve our scam detection algorithms.
11. Termination
By You
You may terminate your account at any time by:
- Visiting data deletion page
- Contacting support at support@scambrake.com
Upon termination, your data will be deleted in accordance with our Privacy Policy.
By Us
We may suspend or terminate your access immediately, without notice, if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Abuse or attempt to harm the Service
- Fail to pay fees when due
- Present a security or legal risk
Effect of Termination
Upon termination:
- Your access to the Service ends immediately
- No refunds for unused subscription time (unless required by law)
- Sections of these Terms that should survive termination will remain in effect
12. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via:
- Email notification to your registered email
- Notice in the Service or on our website
- Updated "Last updated" date at the top of this page
Continued use of the Service after changes constitutes acceptance of the new Terms. If you don't agree to changes, you must stop using the Service and may request account deletion.
13. Dispute Resolution
Informal Resolution
Before filing a claim, please contact us at legal@scambrake.com to try to resolve the issue informally. We'll work with you in good faith to reach a resolution.
Binding Arbitration (US Users)
If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
- Arbitration will be conducted remotely or in [Your Location]
- Each party bears their own costs (unless required by law)
- Individual arbitration only - no class actions
- Arbitrator's decision is final and binding
Exceptions
Either party may bring claims in small claims court or seek injunctive relief for intellectual property infringement.
Class Action Waiver
You agree to bring claims only in your individual capacity, not as part of any class, consolidated, or representative action. This waiver does not apply where prohibited by law.
EU/UK Users
EU and UK users may bring disputes in their local courts. Nothing in these Terms affects your statutory rights under EU or UK consumer protection laws.
14. Governing Law
These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law principles.
For EU/UK users, you also benefit from mandatory consumer protection laws in your country of residence.
15. Miscellaneous
Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.
Waiver
Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment
You may not assign or transfer these Terms. We may assign these Terms to any affiliate or successor.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and ScamBrake regarding the Service.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, strikes, government actions, etc.).
16. Contact Information
Questions about these Terms?
- Legal Email: legal@scambrake.com
- Support: Contact Form
- Address: [Your Company Address]
Legal Entity
ScamBrake is operated by [Your Company Name]
[Your Company Address]
[Tax ID / Company Registration]
[Phone Number]
Plain English: Use ScamBrake responsibly. Understand it's a tool, not a guarantee. Don't abuse it. We're not liable for scams. Fair?