Terms of Service

Last updated: December 15, 2024

Agreement to Terms

These Terms of Service ("Terms") govern your use of PhoneGriffin's website and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access our services.

Description of Services

PhoneGriffin operates an online marketplace for buying and selling used smartphones and mobile devices. Our services include:

  • Device valuation and instant quote generation
  • Purchase of used smartphones and mobile devices
  • Sale of refurbished and pre-owned devices
  • Device inspection and testing services
  • Secure data wiping and device preparation
  • Shipping and logistics coordination

Eligibility and Account Registration

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials
  • Be the legal owner of any devices you sell to us

You are responsible for all activities that occur under your account and must notify us immediately of any unauthorized use.

Selling Devices to PhoneGriffin

Device Ownership and Condition

By selling a device to us, you represent and warrant that:

  • You are the legal owner of the device
  • The device is not stolen, lost, or obtained through fraudulent means
  • The device is not subject to any liens, security interests, or other encumbrances
  • You have accurately described the device's condition
  • The device is not blacklisted or reported as lost/stolen
  • You have removed or disabled all security features (passwords, locks, etc.)

Quote Process

  • Quotes are estimates based on information you provide
  • Final payment may differ based on actual device inspection
  • Quotes are valid for 7 days from generation
  • We reserve the right to refuse any device for any reason

Inspection and Payment

  • All devices undergo thorough inspection upon receipt
  • Payment is processed within 24 hours of inspection completion
  • If device condition differs from description, we will contact you with a revised offer
  • You may accept the revised offer or request return of your device
  • Device returns are processed free of charge

Buying Devices from PhoneGriffin

When purchasing devices from us:

  • All devices are thoroughly tested and refurbished
  • Devices come with a 30-day return policy
  • Warranty terms are clearly stated for each device
  • Payment must be completed before device shipment
  • Shipping costs and delivery timeframes are provided at checkout

Data Security and Privacy

We take data security seriously:

  • All devices undergo military-grade data wiping (DOD 5220.22-M standards)
  • Personal data is permanently and irreversibly deleted
  • We are not responsible for data not properly backed up by the seller
  • Data wiping is performed regardless of device functionality
  • Certificate of data destruction available upon request

Shipping and Risk of Loss

Shipping terms and conditions:

  • We provide prepaid shipping labels for device sales
  • All shipments are fully insured up to $2,000
  • Risk of loss transfers to us upon receipt at our facility
  • Tracking information is provided for all shipments
  • Delivery timeframes are estimates and not guaranteed

Payment Terms

Payment processing and terms:

  • Multiple payment methods accepted (PayPal, Venmo, bank transfer, check)
  • Payment processing fees may apply for certain methods
  • Tax reporting forms (1099) issued as required by law
  • Payments are non-refundable once processed
  • Currency exchange rates apply for international transactions

Prohibited Uses

You may not use our services to:

  • Sell stolen, counterfeit, or fraudulently obtained devices
  • Provide false or misleading information about device condition
  • Attempt to circumvent our security measures
  • Use automated systems to access our services
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Engage in any fraudulent or deceptive practices

Intellectual Property

Our website and services contain proprietary content, including:

  • Trademarks, logos, and brand names
  • Website design and user interface
  • Software and algorithms
  • Content, text, and images

You may not use, reproduce, or distribute our intellectual property without written permission.

Disclaimers and Limitations of Liability

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

To the maximum extent permitted by law, PhoneGriffin shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services.

Indemnification

You agree to indemnify and hold PhoneGriffin harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California.

Termination

We may terminate or suspend your account and access to our services at any time, with or without cause, with or without notice. Upon termination, your right to use our services ceases immediately.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of our services constitutes acceptance of the modified Terms.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Contact Information

If you have questions about these Terms of Service, please contact us:

  • Email: legal@phonegriffin.com
  • Phone: 1-855-GRIFFIN (1-855-474-3346)
  • Mail: PhoneGriffin Legal Department
    1455 Market Street, Suite 1600
    San Francisco, CA 94103