PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAINS BINDING ARBITRATION PROVISIONS IN SECTION 13 WHICH WILL REQUIRE YOU TO SUBMIT DISPUTES (WITH OUT-OUT OPTION) BETWEEN YOU AND IMO TO BINDING ARBITRATION. YOU MAY OPT OUT OF BINDING ARBITRATION BY SENDING IMO A WRITTEN NOTICE IN ACCORDANCE WITH SECTION 13.
If you are unwilling or unable to be bound by these Terms, please don’t use the Service.
NO ACCESS TO EMERGENCY SERVICES: OUR SERVICE DOES NOT PROVIDE YOU ACCESS TO EMERGENCY SERVICES AND IS NOT MEANT TO REPLACE YOUR FIXED-LINE OR MOBILE TELEPHONE.
We sometimes use specially-defined terms in these Terms. 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 Public Service Account.
To use the Service, you will need to create an account with us and provide certain information about yourself, including your name and mobile phone number. 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. 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. To help eliminate confusion with recycled phone numbers, we monitor account inactivity. If an account is unused for 365 days and then becomes newly activated on a different mobile device, we take this as a sign that a number has been recycled. At this time we will remove the old account data tied to the phone number.
Subject to your compliance with these Terms, 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 and desktop 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 desktop and Mobile App not expressly granted to you by these Terms.
Certain features of the Service, such as upgrading to a premium account, the use of imo Out and Diamonds, 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 and all applicable taxes. When payments are processed by one of our third-party processors, you should read the terms and conditions of such third-party processor. Except as expressly set forth below, all fees are non-refundable.
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 14 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 14 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.
The Service may offer different types of digital content such as Diamonds, Coins, or any other virtual items to use with their associated features in the Service (“Virtual Items”). Depending on the features, you may purchase, earn, or gift these Virtual Items in our Service. For example, “Coins” are used for the imo Out feature, and Diamonds are used for our voice chat feature. Virtual Items may be available for purchase on the Mobile App, our website, and/or on our partners’ websites (in which case you should read the terms and conditions of the offering partner). By using the Service, you agree to accept the then-current purchase prices of Virtual Items at the time of your purchase. The balance of Virtual Items showed in your account does not represent real-world money, currency, or the equivalents. You understand that while you may purchase, earn, gift, or receive Virtual Items, you do not legally own them. They are simply a measurement of the extent of your limited license to use certain features in the Service. Virtual Items shall only be used within the Service and for the purposes described under these Terms. VIRTUAL ITEMS ARE SUBJECT TO OUR MODIFICATION, SUSPENSION, ELIMINATION, OR SUBSTITUTION AT ANY TIME AT OUR DISCRETION. YOU ARE NOT ALLOWED AND WILL NOT BE ABLE TO SELL, TRANSFER, EXCHANGE, OR REFUND THE VIRTUAL ITEMS IN YOUR ACCOUNT BALANCE, EVEN WHEN YOUR ACCOUNT HAS BEEN SUSPENDED, DELETED OR TERMINATED BY YOU OR US, OR WHEN THE ASSOCIATED FEATURE HAS BEEN ELIMINATED OR SUSPENDED BY US.
We reserve the right to determine and modify the purchase prices of Virtual Items and the exchange rates between two or more Virtual Items at any time without notice. We also reserve the right to suspend your use of any Virtual Items without liability if you violate these Terms. By using the Service, particularly our voice chat feature, you understand that any Virtual Items you purchased, used, or gifted to another user account will be final and cannot be undone. You understand that the gifting of certain Virtual Items in the voice chat feature is a form of appreciation of the recipient user’s voice chat content and may result in compensation to such recipient user, which is made solely at your discretion. Virtual Items purchased and/or obtained illegally, inappropriately, or fraudulently will result in suspension, freeze, or termination of your account.
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, and we assume no responsibility for the law compliance, practices, accuracy, or content of any Third Party Sites. Your use of any Third Party Site is entirely at your own risk.
“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.
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.
Our Service allows you and other users to create and join public groups (“Public Groups”). Public Groups enable users who have a common interest or affiliation to chat among themselves. Your Content and User Content in Public Groups are publicly available to other users. Public Groups may contain User Content which you may find unsuitable, and you may choose to leave any of such groups at any time. You are fully responsible for Your Content, and we are under no obligation to review Your Content and User Content in Public Groups. You may report Content which you find inappropriate or has violated these Terms by using our in-app reporting tools.
THE INFORMATION, OPINIONS, AND CONTENT EXPRESSED IN PUBLIC GROUPS ARE NOT NECESSARILY THOSE OF IMO OR CONTENT PROVIDERS. IMO DOES NOT UNDERTAKE TO MONITOR OR REVIEW PUBLIC GROUPS, AND THE CONTENT OF PUBLIC GROUPS IS NOT THE RESPONSIBILITY OF IMO. IMO MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME AT IMO’S SOLE DISCRETION. ANY USE OF THE PUBLIC GROUPS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT HEREIN.
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.
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 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).
By accepting these Terms, you warrant to be responsible for the Your content and ensure that the content is legal under applicable law, appropriate and decent under local cultural traditions, and respect legitimate rights and interests of third parties. The content may not contain anything, including without limitation, that is threatening national security of the countries, pornographic or obscene, illegal gaming or gambling, crypto currency or illegal transaction, false, defamatory, or constitutes illegal intimidation or unlawful harassment, infringement of intellectual property rights, personal rights, image rights, trade secrets or other legitimate rights and interests, or content that is contrary to public order and morality, or links and two-dimensional code lead to such content.
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 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 on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms, 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, 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.
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; 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).
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 AND ITS AFFILIATES DISCLAIM 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.
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 may delete the child’s entire account, by selecting the “Delete imo account” option in the child’s imo app settings or alert us at email@example.com.
These Terms are governed by the laws of the State of California, without to that State’s conflict of laws provisions. Subject to Section 13 below (Binding Arbitration), for any claim, cause of action, or dispute that may arise between us and that is not subject to the binding arbitration provisions (i.e., if you choose to opt out arbitration under Section 13(d)), 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. Notwithstanding anything to the contrary in these Terms, 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. Some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country and or require that their substantive laws, including privacy laws, apply. This section does not override those laws.
In the event of any dispute, claim, or cause of action that you may have against us arises out of or relates to your use of the Service (“Dispute”), you agreed that you will first contact us in writing of the Dispute at the contact information below (“Notice”). The Notice must describe 1) Your legal name, 2) Your imo account phone number; 3) the basis and nature of the Dispute; and 4) the specific relief sought. Upon our receipt of your Notice, the parties will attempt in good faith to informally resolve the Dispute within 30 calendar days before initiating arbitration proceeding (“Informal Resolution”).
If the parties are unable to resolve the Dispute through the Informal Resolution process, then you agreed that the Dispute shall be exclusively resolved and settled by confidential binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and where applicable and appropriate, the AAA Supplementary Procedure for Consumer Related Disputes (www.adr.org) The initiating party may decide the arbitration to be conducted in person, online and/or be based on written submission. In the case of in-person arbitration, then it shall be conducted in California, Santa Clara County. The language shall be English. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND IMO AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
You have the right opt out mandatory arbitration by sending us a written notice of your decision to opt out, within 30 days of the date you first accepted these Terms, to our physical address listed below. Your written notice must include your imo account phone number, your legal name, country of residence, and your email address. If you send us a written notice or if this binding arbitration provision is invalidated, in whole or in part, then the mandatory arbitration provisions in this Agreement will not apply, and the parties agree that the exclusive jurisdiction and venue described in Section 12 above shall apply. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THESE TERMS.
You may terminate these Terms 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, 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 15 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, push notifications 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:
By using the Services or the Mobile 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 or the Mobile 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 without our prior written consent. We may assign, transfer, or sublicense these Terms without restriction, and without notice to you. Any assignment, transfer, or sublicense attempted in violation of these Terms will be void.
These Terms 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. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision on our part.
If any provision of these Terms 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 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 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.