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.
accessible at joinimp.com and in the app under Settings/Help.
Please reference that document for the definitive explanation of
about your rights with respect to your Personal Information and
details some ways that you can help protect and manage your
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
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
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
- Use the System if you are not 18, or competent enough to
read and understand this EULA and the associated It’s My Phone
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 email@example.com. 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
IN NO EVENT WILL IMP BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER
RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SYSTEM
INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE
PRODUCT, EVEN IF IMP, HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT
WILL IMP BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF
ARISING OUT OF YOUR USE OR INABILITY TO USE A TELEPHONE
MONITORED BY THE IMP SYSTEM, INCLUDING, BY WAY OF ILLUSTRATION
AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST
OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE
OR INABILITY TO USE THE TELEPHONE, EVEN IF IMP, HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. IF YOU INVITE ANYONE TO PARTICIPATE IN THE IMP
SYSTEM WHO IS UNDER 18 OR UNABLE TO UNDERSTAND AND AGREE TO THIS
THE IMP SYSTEM, YOU AGREE TO RELEASE IMP FROM ALL CLAIMS ARISING
AS A RESULT OF THEIR INVITATION OR PARTICIPATION ON THE SYSTEM.
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.