Terms of Service

1. Nature of the Service -- Tool Provider

ShadowPhone is a general-purpose device automation software tool that enables users to interact with Android devices they own or are authorised to control via the Android Debug Bridge (ADB) protocol and related technologies. ShadowPhone does not operate any social media accounts, does not create any social media content, and does not initiate any actions on any third-party platform on its own.

ShadowPhone functions exclusively as a neutral software tool. It is analogous to a keyboard, mouse, scripting engine, or macro software -- it transmits commands that the user defines and initiates to devices the user owns. ShadowPhone has no agency, makes no decisions about what actions to perform, and exercises no editorial control over user activity.

Any references in our marketing materials, documentation, or interface to specific platforms (including but not limited to Instagram, Facebook, TikTok, or any Meta product) are provided solely for illustrative purposes to describe common use cases. ShadowPhone is not affiliated with, endorsed by, or connected to any third-party platform.

2. Agreement to Terms

By creating an account, downloading, installing, or using ShadowPhone in any manner, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Acceptable Use Policy, our Cookie Policy, and all other policies referenced herein (collectively, the "Agreement"). This Agreement constitutes a legally binding contract between you ("User," "you," or "your") and ShadowPhone Inc. ("ShadowPhone," "we," "us," or "our").

If you are using ShadowPhone on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and the organisation.

3. Eligibility

You must meet all of the following criteria to use ShadowPhone:

• You are at least 18 years of age (or the age of legal majority in your jurisdiction)
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using the software under any applicable law
• You have not previously been terminated from ShadowPhone for a violation of these Terms
• You own or are legally authorised to control every device you connect to ShadowPhone

4. User Responsibilities and Sole Liability

You are solely and exclusively responsible for all activity conducted through ShadowPhone using your account, your devices, and your credentials. This includes, without limitation:

• All content you create, upload, post, distribute, or transmit through connected devices
• All actions performed on any third-party platform through connected devices
• All accounts you connect, manage, or automate using ShadowPhone
• Ensuring that your use of ShadowPhone complies with all applicable local, state, national, and international laws, rules, and regulations
• Ensuring that your use complies with the terms of service of any third-party platform or service you access through your devices
• All consequences arising from your use, including but not limited to account suspensions, bans, legal claims, fines, or penalties imposed by any third party or governmental authority
• Maintaining the security and confidentiality of your account credentials and device access
• All actions taken by anyone who accesses your account or devices, whether authorised or not

5. Device Ownership and Authorisation

By connecting a device to ShadowPhone, you represent and warrant that:

• You are the legal owner of the device, or you have explicit, documented authorisation from the owner to use ShadowPhone on that device
• The device is not stolen, lost, or subject to any legal hold or restriction
• You have the right to install and run software on the device, including enabling developer options and USB debugging
• Any operating system modifications (including but not limited to custom ROMs such as GrapheneOS, LineageOS, or similar) were performed legally and with proper authorisation
• You accept full responsibility for any modifications to the device's software or configuration

6. Third-Party Platform Compliance

ShadowPhone is an independent software tool and is not affiliated with, endorsed by, sponsored by, partnered with, or connected to any third-party platform or service, including but not limited to: Instagram, Facebook, Threads, WhatsApp, Messenger, or Meta Platforms, Inc.; TikTok or ByteDance Ltd.; Twitter, X, or X Corp.; YouTube, Google, Android, Pixel, or Alphabet Inc.; LinkedIn or Microsoft Corporation; Snapchat or Snap Inc.; Pinterest or Pinterest, Inc.; Reddit or Reddit, Inc.; Telegram or Telegram FZ-LLC; Discord or Discord Inc.; Spotify or Spotify AB; GrapheneOS; LineageOS; or any other social media platform, messaging service, device manufacturer, or online service. All trademarks, service marks, and trade names are the property of their respective owners and are used here for identification purposes only.

It is your sole responsibility to:

• Read, understand, and comply with the terms of service, community guidelines, and all other policies of every third-party platform you access through your devices
• Determine whether your intended use of ShadowPhone is permissible under those third-party terms
• Accept all risks associated with your use of third-party platforms, including the risk of account suspension, termination, content removal, or legal action by the platform operator

7. Prohibited Uses

You may not use ShadowPhone to:

• Violate any applicable law, regulation, or legal obligation
• Infringe upon the intellectual property rights of any third party
• Distribute, transmit, or facilitate the distribution of illegal content, including but not limited to child exploitation material, illegal drugs, weapons, or stolen goods
• Harass, threaten, stalk, defame, or abuse any individual or group
• Distribute malware, viruses, ransomware, or other harmful software
• Engage in phishing, identity theft, fraud, or impersonation
• Interfere with, disrupt, or overload ShadowPhone's infrastructure or services
• Attempt to reverse-engineer, decompile, disassemble, or derive the source code of ShadowPhone
• Sublicense, resell, rent, lease, or redistribute ShadowPhone without explicit written permission
• Use ShadowPhone for any purpose that is harmful, deceptive, or unethical
• Circumvent, disable, or interfere with any security or access-control features of ShadowPhone

8. Intellectual Property

All right, title, and interest in and to ShadowPhone, including all software, code, algorithms, designs, user interfaces, documentation, trademarks, service marks, logos, and all other intellectual property (collectively, "ShadowPhone IP") are and shall remain the exclusive property of ShadowPhone Inc. and its licensors.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to use ShadowPhone solely in accordance with these Terms. No other rights are granted, whether by implication, estoppel, or otherwise.

9. Payment, Billing, and Subscriptions

By subscribing to a paid plan, you agree that:

• All fees are charged in advance on a recurring basis (monthly or annually) unless otherwise stated
• Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date
• You are responsible for providing accurate and current billing information
• All fees are non-refundable except as expressly stated in our Refund Policy
• We reserve the right to change pricing with 30 days' advance notice
• Failed payments may result in service suspension or account downgrade

Payment processing is handled by Stripe, Inc. By making a payment, you also agree to Stripe's terms of service and privacy policy.

10. Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account and access to ShadowPhone at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any other ShadowPhone policy
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of applicable fees
• Request by law enforcement or a government agency
• Unexpected technical or security issues
• Extended periods of account inactivity

Upon termination, your licence to use ShadowPhone immediately ceases. You remain responsible for all fees incurred prior to termination, and all provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, Sections 4, 6, 11, 12, 13, 14, and 15).

11. Disclaimer of Warranties

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE
• WARRANTIES THAT THE SOFTWARE WILL ACHIEVE ANY PARTICULAR RESULT, INCLUDING BUT NOT LIMITED TO FOLLOWER GROWTH, ENGAGEMENT INCREASES, REVENUE GENERATION, OR ACCOUNT SAFETY ON ANY THIRD-PARTY PLATFORM
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT
• WARRANTIES THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY PLATFORM, SERVICE, OR DEVICE
• WARRANTIES REGARDING THE LEGALITY OF ANY SPECIFIC USE CASE IN YOUR JURISDICTION

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SHADOWPHONE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHADOWPHONE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

• Loss of profits, revenue, business, goodwill, or anticipated savings
• Loss of data, accounts, credentials, or digital assets
• Suspension, termination, or banning of any social media account or third-party account
• Fines, penalties, or legal costs imposed by any third party or governmental authority
• Costs of procurement of substitute goods or services
• Reputational damage or loss of followers, engagement, or reach on any platform
• Any damages arising from unauthorised access to your account or devices
• Business interruption, downtime, or inability to use the software

THE TOTAL CUMULATIVE LIABILITY OF THE SHADOWPHONE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF SHADOWPHONE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO SHADOWPHONE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00).

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE SHADOWPHONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless the ShadowPhone Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of ShadowPhone, including all actions performed through connected devices
• Any content you create, upload, distribute, or transmit through ShadowPhone
• Your violation of these Terms or any applicable law, regulation, or third-party right
• Your violation of any third-party platform's terms of service or policies
• Any claim by a third party that your use of ShadowPhone caused them damage
• Your negligence or wilful misconduct
• Any dispute between you and any third party relating to your use of ShadowPhone

14. Dispute Resolution and Arbitration

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or ShadowPhone (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

Class Action Waiver: YOU AND SHADOWPHONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Jury Trial Waiver: YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. To the extent that litigation is permissible (i.e., not subject to arbitration), you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

If you are accessing ShadowPhone from outside the United States, you do so at your own initiative and are solely responsible for compliance with all applicable local laws.

16. No Guarantee of Results

ShadowPhone makes absolutely no guarantees, representations, or warranties regarding any specific outcome from using the software. This includes but is not limited to follower counts, engagement rates, content reach, revenue, lead generation, brand growth, or the safety or longevity of any third-party account. Past performance described in case studies, testimonials, or marketing materials does not guarantee future results. Results vary based on countless factors entirely outside ShadowPhone's control.

17. Assumption of Risk

You expressly acknowledge and assume all risks associated with using device automation software, including but not limited to the risk of third-party account suspension or termination, data loss, device malfunction, legal liability, and financial loss. You agree that ShadowPhone has no obligation to warn you of any specific risk and that your continued use of the software constitutes a knowing and voluntary assumption of all such risks.

18. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Material changes will be communicated via email or through the software at least 30 days before taking effect. Minor changes (clarifications, formatting) may take effect immediately.

Your continued use of ShadowPhone after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, your sole remedy is to stop using ShadowPhone and cancel your subscription.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms.

20. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, Disclaimer, Refund Policy, and any other policies incorporated by reference, constitute the entire agreement between you and ShadowPhone regarding your use of the software and services, and supersede all prior agreements, negotiations, and communications, whether written or oral.

21. No Waiver

The failure of ShadowPhone to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of ShadowPhone.

22. Force Majeure

ShadowPhone shall not be liable for any delay or failure to perform arising from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, power failures, internet disruptions, or third-party service outages.