IMPORTANT—READ CAREFULLY BEFORE DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE OR SYSTEM.
Before we begin, we wanted to include a general statement about Privacy: Your Personal Information is yours. We need to access some of it to make our Services work. It is the only way we know who you are, and who you want to hear from. But. We only use your Personal Information to make our Service function and improve. Outside of that Permitted Use, we will not sell or share any of your Personal Information.
This End-User License Agreement ("EULA") is a legal agreement between “You” (either an individual or a business entity) and It’s My Phone, Inc (“IMP” or “we”) for the direct or indirect acquisition and use of It’s My Phone, Inc’s proprietary system (Collectively the “System”), which includes downloadable software (the “Software”), hardware with embedded software (“Hardware”) and a network connection and computational resources (“Network”).
BY CLICKING THE “Yes, I agree to the imp End User Agreement” BUTTON, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE ACCOMPANYING THIS LICENSE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT FOR THE SYSTEM, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY BELOW. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE EXIT NOW. YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND YOU MUST DELETE THE SOFTWARE FROM YOUR DEVICES AND RETURN THE HARDWARE TO IMP.
This agreement provides a limited license to use the System and contains warranty information and liability disclaimers pertaining to the System.
If You register for a free trial of the System, this EULA will also govern that trial. If You are entering into this EULA agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or If You do not agree with the terms and conditions of this EULA, do not install or use any element of the System, and You must not accept this EULA agreement.
This EULA agreement shall apply only to the System supplied directly or indirectly by It’s My Phone, Inc, regardless of whether other software or products are referred to or described herein. The terms of this EULA also apply to any updates, supplements, Internet-based services, and support services for the System, unless other terms accompany those items on delivery. If so, those terms apply.
IMP reserves the right to update this agreement at any time.
Subject to the terms and conditions of this EULA, IMP hereby grants You a personal, non-transferable, non-exclusive non-sublicensable right and license to use the Software on Your devices, and the System in general, in accordance with the terms of this EULA agreement. The Software and Network are licensed and not sold.
You are permitted to load the Software onto a smartphone or a tablet under Your control, up to the number of user subscriptions (“Users”) acquired through this EULA. You are not permitted to load the Software onto any device for any purpose other than the use of the System. You are responsible for ensuring Your equipment meets the minimum requirements of the Software and the System. You acknowledge that no right is granted to modify, adapt, translate, publicly display, publish, create derivative works or distribute any of the documentation, images, language, or material that was, or will be, produced by IMP (“Documentation”).
You are Not Permitted to:
- - Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the System. Nor permit the whole or any part of the System to be combined with or become incorporated in any other Software, Hardware, or Network.
- - Decompile, disassemble or reverse engineer any element of the System or attempt to do any such things.
- - Reproduce, copy, distribute, resell or otherwise use the System for any commercial purpose.
- - Modify or create any derivative works of the System (or any component thereof) or Documentation, except with the prior written consent of IMP.
- - Allow any third party to use the System on behalf of or for the benefit of any third party.
- - Use the Software in association with any installation of the Hardware outside of the United States of America.
- - Use the System in any way which breaches any applicable local, national or international law
- - Use the System for any purpose that It’s My Phone, Inc, in its sole discretion, considers is a breach of this EULA agreement.
Intellectual Property and Ownership
It’s My Phone, Inc shall at all times retain all rights, titles and interests in and to the System, the Documentation and associated intellectual property rights including without limitation any related patents, copyrights or trademarks. The System (and the copyright, and other intellectual property rights of whatever nature in the Software) are and shall remain the property of It’s My Phone Inc. You further acknowledge that IMP retains the right to use the Software and the Network for any purpose in IMP’s sole discretion. It’s My Phone, Inc reserves the right to aggressively prosecute anyone who violates It’s My Phone Intellectual Property and Ownership, or engages in any of the Not Permitted activities outlined in the previous section. It’s My Phone, Inc reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date You first use any element of the System and shall continue until terminated. You may terminate it at any time upon written notice to It’s My Phone, Inc. This EULA agreement will also terminate immediately if You fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and You agree to stop all access and use of the System, in its entirety and of each component. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Terms of Service
Your use of the System is subject to the provisions of these Terms of Service (“Terms”). IMP may, at its discretion, change these Terms. Any changes made to the provisions of these Terms will be updated on the IMP website, and we will notify you, e.g., by sending you an email or displaying a prominent notice in the System. Changes will not apply retroactively and will become effective 30 days after IMP provides you with notice of any changes to these Terms. If you are dissatisfied with any changes to these Terms you may cancel your System by contacting us at firstname.lastname@example.org. Your use of the System on or after the effective date of the change to the Terms constitutes your acceptance of the Terms, as modified.
You are required to register with IMP to use the System. To register, you must provide and maintain accurate information, which will include your name and an e-mail address. You agree to provide accurate billing information if your System requires monthly chargers. You are responsible for creating a secure password and you are responsible for maintaining the confidentiality of the password and account.
Use of the System involves use of the Network for interaction between the Hardware and the Software. At all times, you must have paid for use of the Network, either through pre-payment or monthly subscription. Failure to pay for use of the Network will result in cancellation of the Services.
To the extent possible under the governing law, we may, at our discretion and without notice or user permission, change, add, or remove features and functionality of the System. If you are dissatisfied with any material changes to the System during a subscription, you may immediately terminate your use of the System and be entitled to a prorated refund of any of your paid for, but unused, subscription, or, should you have purchased a System as part of a bundled package, the unused subscription portion of your package, as determined by IMP’s sole discretion. We are under no obligation to provide any or all features and functionality to your System.
The System is intended for residential use. In the future, IMP may release products specifically for business use. IMP reserves the right to introduce usage limits for the System, and charge for different levels of use, including, but not limited to, number of users, number of devices, number of contacts, incoming call volume, retention of notifications or messages, or other functions of the System.
Each IMP hardware unit is limited to 10 users and devices. IIMP will automatically delete all notifications, including voice mail messages, after 60 days.
DISCLAIMER OF WARRANTY
IMP PROVIDES THE SYSTEM AND THE DOCUMENTATION “AS IS'' WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IMP DOES NOT WARRANT THAT THE SYSTEM OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IMP EXPRESSLY DOES NOT WARRANT THAT THE SYSTEM WILL NOT INTERFERE WITH YOUR USE OF YOUR TELEPHONE. NOR DOES IMP WARRANT THAT YOUR TELEPHONE WILL NOT DROP, MISS, OR HANG UP ON CALLS, AS A RESULT OF THE IMP SYSTEM. YOU ACKNOWLEDGE THAT IMP’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY. All risk of quality and performance of the System and the Documentation is with You. Should the System prove defective, You, and not IMP, assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement.
LIMITATION OF REMEDIES
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of New Hampshire, USA.