User Agreement and Explicit Consent

1. Parties and Subject Matter

The parties to this Agreement are iSpy, the data controller providing the Service, and the User. This Agreement governs the terms of use of the Service, the rights and obligations of the parties, and the User's explicit consent to the processing of personal data.

2. Definitions

Target Device: The smartphone, tablet or computer that is subject to monitoring. Personal Data: Any information relating to an identified or identifiable natural person. Explicit Consent: Freely given, specific, informed and unambiguous consent. Data Controller: The person who determines the purposes and means of processing personal data.

3. Scope of the Service

The Service is provided to collect, monitor and report data relating to Target Devices you are authorized to access, including location, messaging, call logs, contacts, media files, app usage, web history and similar data. The Service is intended for parental control and device security.

4. Lawful Use Requirements

You may use the Service only on (a) devices you own or are authorized to use, (b) the device of your child under 18 for whom you are the parent or legal guardian, or (c) the device of an adult from whom you have obtained explicit consent.

Monitoring the devices of others without consent, violating privacy, and unlawfully processing personal data is strictly prohibited and may result in criminal liability. All legal and criminal liability arising from such use rests entirely with the User.

5. Explicit Consent and Data Collection

By accepting this Agreement during registration, the User grants explicit consent to the processing of their personal data for the purposes described herein, in accordance with Article 5(1) of the Turkish Law No. 6698 ("KVKK") and Article 6(1)(a) of the EU General Data Protection Regulation ("GDPR").

As the owner, parent or legal guardian of the Target Device, the User warrants that the necessary consent for collecting data from the Target Device has been obtained and that they are authorized to process such data.

6. Categories of Data Collected

The Service may collect location data, SMS and instant messaging content, call logs, contacts, photos and videos, calendar and reminders, files, installed app list and usage times, web browsing history and keystroke logs (keylogger).

7. Legal Bases for Processing

Personal data is processed based on (a) the explicit consent of the data subject, (b) the performance of a contract, and (c) the legitimate interests of the data controller, in accordance with KVKK Art. 5 and GDPR Art. 6.

8. Data Security and Retention

Collected data is protected with appropriate technical and organizational measures, including encryption against unauthorized access. Data is retained for the duration of the subscription and for a reasonable period thereafter; upon account deletion or termination it is erased, subject to statutory retention obligations.

9. Data Controller and Data Subject Rights

The data controller is iSpy. As a data subject, you have the right, under KVKK Art. 11 and the GDPR, to learn whether your data is processed, to request information, rectification, erasure, to object, and to data portability. You may contact us via the channels below to exercise these rights.

10. No Warranty and Limitation of Liability

The Service is provided "as is". Due to the technical condition of the Target Device, internet connection, operating system restrictions or third-party blocking, there is no guarantee that data will be collected completely, accurately, up-to-date or without interruption. Some data may be partially or entirely unavailable, which shall not be deemed a defect of the Service.

The provider is not liable for indirect, incidental or special damages arising from the use or inability to use the Service. All liability arising from unlawful use of the Service rests solely with the User.

11. Prohibited Uses and Termination

The Service may not be used to monitor adults without consent, to violate privacy, or for blackmail, harassment, fraud or other unlawful purposes. The provider may immediately suspend or terminate the account upon detecting unlawful use. The User may delete their account at any time, in which case their data is erased in accordance with applicable law.

12. Governing Law and Contact

This Agreement is governed by the laws of the Republic of Türkiye; KVKK applies to users in Türkiye and the GDPR applies to users in the European Union. Istanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction over disputes.

For questions: support@ispyguard.com