It’s My Phone’s - End-User License Agreement:

IMPORTANT—READ CAREFULLY BEFORE DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE OR SYSTEM.

TERMS OF USE / EULA

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, 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 Software 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.

License Grant

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. Users cannot open multiple simultaneous sessions, and can only be logged into the Software once per session.

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”).

Each IMP Hardware unit is limited to having 10 Users.  The Network associated with each IMP Hardware unit is limited to transmitting information about 30 “Events” per day (An “Event” is an activity that the IMP Hardware unit monitors and reports to the Network.)  The Network associated with each IMP Hardware unit is limited to storing information associated with 10,000 Events.  Any given IMP system is limited to consuming Network resources less than 10 times the average IMP system. IMP reserves the right to limit/terminate any license of an User who exceeds these limits. Additional Users, Events, or Network Resources may be available for additional cost.    

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. Nor 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.
  • - Nor 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 considers is a breach of this EULA agreement.
  • - Use the System if you are not 18, or competent enough to read and understand this EULA and the associated It’s My Phone Privacy Policy.

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.

Termination

This EULA agreement is effective from the date You first use the Software 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.

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 EULA AND THE ASSOCIATED IT’S MY PHONE PRIVACY POLICY AND INSTALL THE IMP SYSTEM, YOU AGREE TO RELEASE IMP FROM ALL CLAIMS ARISING AS A RESULT OF THEIR INVITATION OR PARTICIPATION ON THE SYSTEM.

Governing Law

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.


V1.4

05.20.2022