Acceptance of Terms
By downloading, installing, or using SpamWatch you agree to these terms of service. If you do not agree do not use the app. These terms constitute a legally binding agreement between you and Eric Brasch, the individual developer of SpamWatch.
Description of Service
SpamWatch provides spam call identification and blocking for iOS devices, and complaint documentation services. The service includes:
- Proactive alerts when your registered number appears on active marketing and robocall lists
- Community-powered spam number reporting
- Numbers that meet SpamWatch's current inclusion criteria may be provided to the iOS call-identification or blocking extension
- Complaint documentation, which lets you record unwanted calls, certify the information you provide, and authorize SpamWatch to prepare and submit complaints on your behalf to carriers or voice service providers
- Subscription-based ongoing protection
Some features may not be available yet on every platform. SpamWatch does not determine whether any call violated a law, regulation, or carrier policy.
Eligibility
- You must be at least 18 years of age to purchase a membership or to certify and submit a complaint
- You must reside in the United States
- You must have a valid US phone number to register
- You must have an iOS device running iOS 16.0 or later
Account Registration
- You must provide accurate and complete information when creating an account
- You are limited to one account per person
- You are responsible for maintaining the security of your account credentials
- You must notify us immediately of any unauthorized access to your account
- We reserve the right to terminate accounts that violate these terms
Subscription and Billing
SpamWatch is offered as an auto-renewable monthly subscription. The billing method depends on where you subscribe: purchases made in the iOS app are processed by Apple through In-App Purchase, while purchases made in the Android app or on our website are processed by Stripe. We never see or store your card details.
Pricing (all platforms):
- Founding member rate: $6.99 per month for members who subscribe during the pre-launch period
- Standard rate: $9.99 per month for members who subscribe after public launch
- Prices are in US dollars and may vary by region and over time. The price shown at the time of purchase governs.
- Your subscription automatically renews each month until cancelled
Apple In-App Purchase (iOS):
- Payment is charged to your Apple ID account upon confirmation of purchase
- The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
- Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period
- You can manage or cancel your subscription in your Apple ID Account Settings; cancellation takes effect at the end of the current billing period
- Refunds for App Store purchases are handled solely by Apple in accordance with App Store policies and must be requested through Apple
Stripe (Android and web):
- Payment is processed by Stripe and charged to your chosen payment method upon purchase and at each monthly renewal
- You may cancel at any time through the app settings, your account page, or by contacting us; cancellation takes effect at the end of the current billing period
- No refunds are provided for the current billing period upon cancellation except where required by law
Acceptable Use
You agree not to:
- Use SpamWatch for any commercial purpose beyond personal spam protection
- Attempt to reverse engineer, decompile, or extract our spam detection algorithms or block list data
- Submit false or fraudulent spam reports
- Use the service to identify, track, or harass individuals
- Attempt to circumvent our security measures or rate limits
- Share your account with other individuals
- Use the service in any way that violates applicable law
Spam Reporting
- By submitting a spam report you confirm that the reported number contacted you without your consent, was an automated robocall, or was otherwise an unwanted call
- Knowingly submitting false reports violates these terms and may result in immediate account termination
- SpamWatch uses community reports to build a shared block list. We are not liable for any number that is incorrectly identified as spam.
- If you believe a number has been incorrectly blocked contact us at legal@getspamwatch.com
No Legal Services
SpamWatch is not a law firm and does not provide legal advice, legal representation, or legal opinions. Use of SpamWatch does not create an attorney-client relationship. SpamWatch helps users organize information and, when specifically authorized, transmit user-approved reports. SpamWatch does not determine whether a call violated the Telephone Consumer Protection Act, the Telemarketing Sales Rule, a state law, or a carrier policy. Users should consult a licensed attorney about their individual legal rights.
Complaint Preparation and Authorization
- You provide the complaint information. You certify that it is true and accurate to the best of your knowledge, and you authorize SpamWatch to prepare and submit complaints on your behalf to telecommunications carriers, voice service providers, or their abuse, fraud, or compliance departments that SpamWatch reasonably identifies as associated with the reported calls.
- The exact recipient may be identified after you provide your authorization. The carrier associated with a reported call is often not known at the time you certify.
- SpamWatch may organize and format the information you provide. SpamWatch does not materially change your reported facts and does not state that a law was violated.
- You may withdraw your authorization at any time before a complaint is sent. Withdrawal stops any complaint that has not already been sent. It does not delete your certification record.
- If your complaint information materially changes, SpamWatch will ask you to certify and authorize again.
- This authorization covers carriers and voice service providers only. Submissions to a government agency, business, or other third party would require your separate authorization.
Third-Party Submissions
When SpamWatch submits a complaint you authorized, it may provide the recipient with the information shown in your complaint. This may include your name, phone number, reported call details, Do Not Call information, consent answers, stop-request information, descriptions, notes, and a complaint reference. The recipient controls its own review and response. SpamWatch does not guarantee that a recipient will investigate, respond, take action, preserve the information, or agree with the report. SpamWatch retains certification and transmission records as described in the Privacy Policy.
Disclaimer of Warranties
SpamWatch is provided on an as-is and as-available basis. Eric Brasch makes no warranties, express or implied, including but not limited to:
- That the service will block all spam calls
- That proactive alerts will be accurate or timely
- That the service will be uninterrupted or error-free
- That spam detection will achieve any particular accuracy rate
Limitation of Liability
To the maximum extent permitted by applicable law, Eric Brasch shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of SpamWatch. Our total liability for any claim arising from these terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.
Indemnification
You agree to indemnify and hold harmless Eric Brasch from any claims, damages, losses, and expenses including reasonable legal fees arising from your use of SpamWatch or violation of these terms.
Governing Law and Dispute Resolution
These terms are governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising from these terms shall first be addressed through good faith negotiation. If negotiation fails disputes shall be resolved through binding arbitration in Orange County California under the rules of the American Arbitration Association. You waive any right to a jury trial or class action participation.
Changes to Terms
We may update these terms from time to time. We will notify you of material changes through the app or by email at least 14 days before changes take effect. Continued use of SpamWatch after changes take effect constitutes acceptance of the updated terms.
Termination
We reserve the right to suspend or terminate your account at any time for violation of these terms. You may terminate your account at any time through the app settings. Upon termination your subscription will not be refunded for the current billing period.