Terms of Service
Last updated: February 2, 2016
Welcome to imo!
; and (iii) our Acceptable Use Policy
If you are unwilling or unable to be bound by these Terms of Service, please don’t use the Service.
We sometimes use specially-defined terms in these Terms of Service. When we do, we will capitalize that term once we’ve defined it. For example, when we use the word “Service,” we collectively mean imo, and any other associated products or services that we or our service providers might offer, including the Mobile App and the Business App.
1. User Accounts
To use the Service, you will need to create an account with us and provide certain information about yourself, including your name, mobile phone number and a password you create. Unless you are a parent who is creating an account for a child who is 13 or older, you agree not to create an account on behalf of anyone other than yourself, and you agree to provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your account password. You agree that you are solely responsible for any activities that occur in connection with your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
B. Business Users
Users may also create accounts for businesses through use of the Business App or by upgrading their Mobile App account to a business account. These users will be referred to as “Business Users”.
2. Using our Service
A. Mobile Services and Applications
Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the imo application which allows you to access and use the imo Service on mobile devices that you own or control. You may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve all rights in the Business App and Mobile App not expressly granted to you by these Terms of Service.
To use the Business App, you’ll be required to purchase it from the applicable app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”) and pay a fee (the “Purchase Fee”). By downloading the Business App, you expressly authorize us or the applicable App Provider to charge the payment method you provide for the then-applicable Purchase Fee and all applicable taxes and other fees that accrue in relation to your use of the Business App. The Purchase Fee and any applicable taxes are non-refundable.
Except for the Business App Purchase Fee, we currently offer our Services for free, but we reserve the right to make these paid features in the future. If we do so, you will be given the option to opt into these paid features. Regardless of whether we charge for all or any part of the Service, you agree that your carrier’s normal rates and fees will still apply for whatever device(s) you use to access the Service, and that you are fully responsible for paying all such charges, rates, and fees.
C. Paid Features
Certain features of the Service, such as upgrading to a business account, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars
When you purchase any additional features we may offer, there will be a one-time charge for that purchase. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to a refund. We reserve the right to terminate or suspend your use of paid features of the Service at any time and for any reason, without liability, pursuant to the terms of Section 13 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 13 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these features, unless provided otherwise in the terms of sale.
D. Third Party Links
The Service may contain links to websites or applications offered by third parties, including advertisements (“Third Party Sites”). We don’t control or endorse Third Party Sites. Your use of any Third Party Site is entirely at your own risk.
E. Communicating with Businesses
The Services may permit users using the Mobile App to communicate and interact with Business Users using the Business App through the Services. You are solely responsible for all of your communications and interactions with Business Users or as a Business User, on or off the Services. You understand that we do not make any attempt to verify the statements made by users through the Services. You agree to take reasonable precautions in all your communications and interactions with other users, including Business Users. We don’t control or endorse any Business User, and your communication or interaction with any Business User is entirely at your own risk.
Although we’re not obligated to monitor communications between users and Business Users, any such communications may be recorded and reviewed for fraud prevention, risk assessment, and customer support purposes. By using the Services, you agree that we may, in our sole discretion, review, scan, analyze, and store your communications, whether done manually or through automated means.
“Content” means text, images, photos, audio, video, location data, usernames, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service. “User Content” means Content that users (other than yourself) submit or transmit to, through, or in connection with the Service. “imo Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than imo or its users, which is made available in connection with the Service.
B. Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by imo. You acknowledge that you may expose yourself to liability if: Your Content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including, but not limited to hate speech or spam; exploits or otherwise harms anyone; and violates or advocates the violation of any law or regulation.
C. Our rights to use Your Content
We gather and compile information and data about our users and their usage of the Service on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form.
D. Removing Content
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without notice to you, that we consider, in our sole discretion, to be in violation of these Terms of Service or otherwise harmful to the imo Service.
If you create a username for your imo account, we may remove or reclaim it if we believe it is inappropriate or violates any trademark policies (such as when a trademark owner complains about a username that does not closely relate to the user's real name).
E. Reporting Violations
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.
As between you and imo, you own Your Content. We exclusively own the imo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service (excluding Your Content, User Content and Third Party Content).
We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP” Rights) associated with the imo Content and the Service. These Terms of Service do not grant you any right, title, or interest in the imo Service, Network, or Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your Content (including, without limitation, the imo Content, other User Content, or Third Party Content), in whole or in part, except as expressly authorized by the owner of the Content.
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Service (collectively, “Feedback”). By sending us Feedback, you agree that: (i) your Feedback doesn’t contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, expressed or implied, with respect to your Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) we own all right, title and interest in and to your Feedback, even if you have designated it as confidential; and (v) we are free to use the Feedback for any purpose, without any restriction or compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to us.
We are under no obligation to enforce these Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion. You agree to comply with all of the terms, conditions, and restrictions set forth in the Acceptable Use Policy
. The Acceptable Use Policy is part of these Terms of Service, and is incorporated here by reference. The restrictions set forth in the Acceptable Use Policy apply only to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us at the address provided below, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6. Communications from imo and Others
for more information on the types of communications you may receive, and whether you can opt out from receiving them.
8. Copyright and Trademark Disputes
We respect copyright law and expect our members to do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of registered members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe any Content or materials on the Service infringe your copyright, you agree to abide by the notice and takedown procedures set forth in the Digital Millennium Copyright Act. For more information please read our Copyright Policy
You agree to indemnify and hold imo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting fees) in any way related to or arising out of: (i) your access to or use of the Service, (ii) Your Content, (iii) your violation of any of these Terms of Service; or (iv) the infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity. imo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. We will use reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it; however, our failure to notify won’t affect your obligations hereunder (except to the extent that our failure to notify you materially prejudices your ability to defend the claim).
10. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF IMO. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. YOU AGREE THAT THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK (INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, OBJECTIONABLE, OR OTHERWISE INAPPROPRIATE). WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE SAFETY OR SECURITY OF THE SERVICE, OR ANY CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE.
B. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A THIRD PARTY ON THE SERVICE).
C. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO IMO IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
D. IMO DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SERVICE, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, LOSS OF INFORMATION OR DATA, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE OR CONTENT, EVEN IF IMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Our Policy Toward Children
Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit, or store personally identifiable information from, or about children under the age of 13. For that reason, we ask you to confirm your age when you sign up for the Service by providing an accurate age. If a parent or guardian becomes aware that his or her under 13 child has provided us with personally identifiable information without his or her consent, he or she should contact us at email@example.com.
12. Governing Law and Venue
These Terms of Service are governed by the laws of the State of California, without to that State’s conflict of laws provisions. For any claim, cause of action, or dispute that may arise between us, you accept the exclusive jurisdiction of the federal and state courts located in the Northern District of California. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to these Terms of Service. Notwithstanding anything to the contrary in these Terms of Service, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party’s intellectual property and/or proprietary rights.
You may terminate these Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing us with a notice of termination at the address provided below.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, without notice or liability of any kind (except as otherwise expressly provided in Section 2B of these Terms of Service). If we close or suspend your account for violating these Terms of Service, such closure or suspension shall be deemed a termination with cause. We may also modify or terminate the imo Service without prior notice.
In the event of termination, whether by you or us, Sections 1, 3, 4, 5, and 9 through 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 3C.
We may provide you with notices by email, regular mail or communications through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (to the email address you provide in your account profile) satisfy any legal requirement that such communications be in writing.
You will comply with all applicable laws and regulations governing your use of the Service and posting of Your Content (including, without limitation, all applicable laws governing export control). In particular, but without limitation, you agree that:
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List, you will not engage in commercial activities on or with imo (such a payments for imo features);
- You will not export or re-export the Services, the Mobile App or the Business App into any United States embargoed countries where receiving products, services, or software from the United States is prohibited.
By using the Services, the Mobile App or the Business App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo that prohibits receiving products, services, or software from the United States, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will also not use the Services, the Mobile App or the Business App for any purpose prohibited by U.S. law, including, but not limited to the development, design, manufacture or production of missiles, nuclear, chemical, or biological weapons.
You may not assign, transfer, or sublicense these Terms of Service without our prior written consent. We may assign, transfer, or sublicense these Terms of Service without restriction, and without notice to you. Any assignment, transfer, or sublicense attempted in violation of these Terms of Service will be void.
These Terms of Service constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior or contemporaneous agreements between you and us regarding the Service. The parties acknowledge that no reliance is placed upon any representation made, but not expressly contained in these Terms of Service.
Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision on our part.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, the remaining portions will remain in full force and effect, and any unenforceable portion will be construed and enforced in a manner that most closely reflects the intent of the original language.
The parties are independent contractors, and nothing in these Terms of Service is intended to or shall create any type of joint venture, partnership, employer/employee, fiduciary, or franchise relationship between us.
We may modify these Terms of Service from time to time. If a change reduces your rights in a meaningful way, we will notify you, such as by mail or a notice when you sign in. Other changes will be posted to our Policies page, and these Terms of Service will indicate the date of the latest revision. You should check these Terms of Service on a regular basis. You understand and agree that your continued use of our Service after any posted modification to these Terms of Service indicates your acceptance of those modifications.
16. Contact Us
555 Bryant St.
P.O. Box 819
Palo Alto, CA 94301