Effective Date: May 25, 2018
Please read these Terms of Service (hereinafter the “Terms”) carefully before accessing this website. By accessing this website, you agree to be bound by the following terms of service.
The present Terms of Service describe the terms and conditions applicable to your access and use of the website. These terms and conditions apply to all users of this website, including and without any limitation to users who are vendors, customers, browsers, merchants, and/or user-generated content contributors. This document is a legally binding agreement between you, herein the user of the website and iMyFone.
These Terms of Service (the “Terms”) are a binding legal agreement between you and iMyFone (“we,” “our” or “us”), regarding your use of our websites (imyfone.com), our software and services (the websites, software, and services are collectively referred to as the “Service”). Please read these Terms carefully. The term “you” shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service.
By purchasing software or services from iMyFone, you agree to be bound by the Terms and Policies (as defined below) and become a party to this agreement. Furthermore, by accessing certain features of the Service you also may be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms of the Policy will supersede such. We may periodically review and update these Terms and Policies or add new provisions, terms or conditions governing the use of the Service. We will notify users of such changes by posting updates to imyfone.com and/or via email.
By accepting to use this Service, you agree to these Terms and Policies and any modifications or update that we may make to these Terms and Policies from time to time. It is your responsibility to ensure a regular review of the most recent version of the Terms and Policies and remain informed of any modification. By your continued use of this service after any modification in the Terms and Policies, you will be deemed to have read and consented to such modified terms for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms or Policies, please discontinue your use of this service.
We may at our sole discretion offer you free trials for selected features of the Service. iMyFone reserves the right to determine if you are eligible for a free trial and to discontinue at any time and without prior notification any free trial related to this service.
TERMS OF PAYMENTS
When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction. Product prices and delivery charges are subject to change at any time, but these changes will not affect purchases in respect of which we have already processed. Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced.
You may be privileged to have free of charge access to selected features of the Service as may be provided to you. We will charge fees for certain features, either on a one-time or a regular subscription basis (“Paid Services”). iMyFone reserves the right to implement fees or make changes to the fees for certain services at any time by providing you notice on the Service or otherwise.
When you make a purchase for any Paid Services, you authorize iMyFone or its third party payment processors to charge the credit card provided by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, inclusive of all applicable taxes, and you agree that our payment provider can retain your credit card information. If iMyFone does not receive payment from your credit card provider, you agree to pay all amounts due upon request and iMyFone may suspend your access to the Services until full payment is received. If you choose an automatic recurring payment and later decide to end your subscription, canceling the payment is your responsibility. iMyFone does not refund automatic payments not canceled in time.
Read more information about our Refund Policy.
Any user generated contents, including but not limited to users comments, suggestions, ideas, or other related or unrelated information, provided by you or any other party in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use your Feedback and comments for any purpose without compensation or attribution to you.
iMyFone, the iMyFone logos, and any other product or service name or slogan displayed on the Service are trademarks or registered trademarks of Cleverguard Technology Co., LIMITED in Hong Kong, China, and may not be copied, imitated or used, in whole or in part, without the prior written consent and approval of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the reserved property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
iMyFone own and/or the authorized user of all right, title, and interest, patents, designs, including all intellectual property rights, in and to the Services, and any services made available in connection with the Service provided to you and we reserve the right to revoke the use of license granted to you. Except for those rights expressly stated and granted in these Terms, no other rights are granted, either expressly stated or implied, to you. All copying, distribution or other use of the Service or any third party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders. You accept that you shall not at any point in time question or dispute the legal ownership of these properties with iMyFone.
We process personal data as both 1) data controller; and; 2) data processors on documented instructions from you as the data controller.
As a data processor, we process such personal data which you have made accessible to us for the purpose of providing the Service. This processing of personal data is governed by a separate Data Processing Agreement entered into between you and us in connection with your subscription to the Service.
You will defend, indemnify and hold harmless iMyFone, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms or any Policies, or your violation of any rights of a third party or applicable legislation.
You hereby indemnify to the fullest extent Cleverguard Technology Co., LIMITED from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Service, you consent to receive electronic notifications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
QUESTIONS & CONTACT INFORMATION
If you have any questions or concerns about the Service, or these Terms, you may contact iMyFone support.