EULA

Terms & Conditions

Effective Date: May 25, 2018

Overview

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.

Free Trial

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.

Fees/Refund

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.

Feedback

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.

Trademarks

iMyFone, the iMyFone logos, and any other product or service name or slogan displayed on the Service are trademarks or registered trademarks of iMyFone, 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.

Privacy Policy and Processing of Data

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 controller, we process personal data about you when you subscribe the Service or when you otherwise provide personal information to us in the context of this Agreement. Our collection and use of this information, which we process as the data controller, is described in the Privacy Policy.

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.

Indemnification

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 iMyFone 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.

Company

imyfone.com is operated by Cleverguard Technology Co., Limited.

Refund Policy

Customer satisfaction is always the top priority for iMyFone. We work hard to provide our customers with an enjoyable experience for both our software and service. If you have any questions or you’re not satisfied with any aspect of software or service, please feel free to contact our support team( https://www.imyfone.com/support/contact-support/ ). We would love to know how we can improve and offer a satisfactory solution to you.

How to Submit a Refund Request

If you wish to cancel your order, please submit the refund request form( https://www.imyfone.com/support/refund-request/ ) with the following information:

  1. Product Name;
  2. Your Order ID/Reference Number/Transaction ID;
  3. The Email Address That You Used to Make the Purchase;
  4. The Reason Why You Would Like a Refund.

We will deal with the refund request within 24 hours on business days based on the terms set out below.

Money Back Guarantee

Most iMyFone software offers a free trial version so that you may test the software for yourself before deciding to purchase. These trial versions allow you to experience the full functionality with limited trials, or just set a limitation on the final step (for example, for recovery tools, you can view what can be recovered before the final step), so you can decide if the software is what you need or not before placing an order.

iMyFone provides a 30-day Money Back Guarantee. We cannot cancel the order after this period has expired because this is a 'try-before-you-buy' system. Refunds will only be given under this guarantee in the following circumstances:

Accepted Circumstances

iMyFone offers refunds in the following circumstances within 30 days of the date of purchase. The refund will be made to the original account that you used to make the payment.

  1. Erroneous, inadvertent or unintentional purchase of the optional Extended Download Service (EDS) or Registration Backup Service (RBS) made in addition to the product purchase. We will help you contact the payment platform to refund the cost of EDS or RBS.
  2. In the event that the software purchased has terminal technical problems, and no solution was provided within 30 days. In such case, iMyFone will refund the product price if you are unwilling to wait for an update.
  3. You have purchased the same product twice or purchase two products with similar functions. iMyFone will refund the purchase price of one of the products or exchange one product for you.
  4. You do not receive registration code within 24 hours after purchase and haven’t received a timely response (within 48 hours) from the iMyFone support team after contacting the support center. In this case, iMyFone may cancel the order and offer a refund if you request.
  5. You are unaware that it is an auto-renew order and you didn’t receive the auto-renew notification in your email inbox before the auto-renew occurred. You should contact us within 7 days of the auto-renewal, and we will offer a refund.
  6. You paid twice or more for one product due to technical problems with the payment platform or other technical reasons. In this case, iMyFone will only charge once for one product and will refund the additional payments.

Once we issue a refund, the corresponding license will be deactivated, and you are required to uninstall the software and remove it from your computer.

Circumstances of No Refund

We cannot offer a refund in the following circumstances. Depending on these circumstances, we may exchange the software for you if you don’t need the one you’ve purchased.

  1. A refund request for the product price differences between different regions and sellers.
  2. A refund request due to the purchase of a similar product from a different provider.
  3. A refund request for intentional repeat purchases of similar products.
  4. A refund request that contravenes our sales activity requirements.
  5. A refund request due to your mistake and the problem is not product-related. For example, purchase of an incorrect program, downloading an incorrect version, not enough available disk storage on your computer; you change your mind after the purchase, etc.
  6. A refund request due to credit card fraud or unauthorized payment. iMyFone cooperates with third-party payment processing services, so we are not able to monitor authorization during payment. Please contact your card issuer to resolve the matter. iMyFone is always here to help if we can.
  7. A refund request due to misunderstanding or lack of understanding of the products functions and capabilities because you failed to read the product description carefully before purchasing.
  8. A refund request due to the failure to receive registration code within two hours after placing a successful order. iMyFone's system will automatically send a registration email as soon as the payment has been received. However, due to internet or system failures, email spam settings, email typo, etc., there might be some delay. In this case, you can retrieve the registration code here or contact our support center.
  9. If, without good cause, you refuse to cooperate with iMyFone support team to troubleshoot the problem and apply the solutions provided.
  10. A refund request for no reason.

We are always open to receive any suggestion or feedback at any time. We are always willing to talk and will make every effort to seek the best way to resolve any problems you may have with iMyFone.

Disclaimer

Our Disclaimer was posted on 25th May 2018 and last updated on 2nd Dec 2021.

Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of this Disclaimer:

  1. Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to CLEVERGUARD TECHNOLOGY CO., LIMITED.
  2. Service refers to the Website or the Application, or both.
  3. You refers to the individual accessing the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  4. Website refers to iMyFone, accessible from www.imyfone.com
  5. Application means the software program provided by the Company downloaded by You on any electronic device at Website.

General Disclaimer

The information contained in the Service is for general information purposes only.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or another tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

Legal Disclaimer

The Service from the Website may only be used for legitimated and lawful purposes only, and you are hereby notified that installing or using the Service for any other purpose may violate the local, state, and/or federal law.

It is the violation of the applicable law and your local jurisdiction laws to use the Service on a device or on a copyrighted material that You do not own.

Violation of the law's requirements would be liable to severe monetary and criminal penalties. You are solely responsible for the violation of the law's requirements. The Company does not assume any liability for any misuse or damages caused by the Service. It is the responsibility of the buyer to obey all laws of their country and use the Service legally.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Such websites are owned by third-party. The Company shall not be responsible for the license restrictions and legality of any content of such products or services owned by third-party websites. You might need to review and agree to applicable rules of use when using such products or services owned by third-party websites. In addition, a link to third party website does not imply that the Company endorses the site or the products or services referenced therein.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service and the Website is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules, and regulations, there may be delays, omissions, or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions in the contents of the Service and the Website or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material that the copyright owner has not specifically authorized from the Internet, and they are only presented exclusively for display. The authors reserve all rights. The Company makes such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

May this content violate any of your rights, kindly advise the Company in writing to act on behalf. The Company shall delete your documents without hesitation and delay.

If You wish to use copyrighted material from the Service for your own purposes beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

Comments published by users are their sole responsibility. The users will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The material and information contained on this website is for general information purpose only. You should not rely upon the material or information on the website as a basis for making any business, legal or any other decisions.

Whilst the Company endeavours to keep the information up to date and correct. The Company makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the Website or information, products, services or related graphics/videos contained on the Website for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

The Company does not warrant that the Service is free of harmful components. All responsibility and liability for any damages caused when using the Service of the Website are disclaimed. The user is advised to make his/her own arrangements for protection of his/her resources.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special, or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions about this Disclaimer, You can contact the Company:

  1. By visiting this page on our Website: https://www.imyfone.com/support/contact-support/

ADDITIONAL EULA TERMS (Lockwiper for iOS, Lockwiper for Android)

This Additional EULA Terms shall apply to Lockwiper for iOS and Lockwiper for Android (collectively referred to as Software). This Additional EULA shall not apply to other iMyFone software products except as otherwise provided by iMyFone.

IMPORTANT: This Additional EULA Terms is part of "iMyFone Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of "iMyFone Software END USER LICENSE AGREEMENT".

1. GRANT OF LICENSE

This EULA grants you the following rights with respect to the SOFTWARE:

iMyFone hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from iMyFone. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.

iMyFone have the right to stipulate a different restriction about the number of device Software can be installed on in the product description at the time of purchase.

2. LIMITATION OF USE

The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.

If you are a service provider or managed service provider ( collectively, "MSP") that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.

If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the "Consultant"), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.

3. PROTECTION OF PRIVACY

iMyFone respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.

Under the following conditions, iMyFone will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.

  1. Obtain your prior authorization;
  2. Reveal your personal information to offer products and services requested by you;
  3. According to relevant laws, regulations or requirements of the relevant government agencies;
  4. To protect iMyFone's legal rights and interests;
  5. You violate the provisions of the EULA;

4. TERM OF LICENSE

The purchase of a license gives the End User the right to use the Software for a specific period of time or perpetual, which is decided by the license period you choose to buy.

5. COPYRIGHT

All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by iMyFone or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.

6. DISCLAIMER OF WARRANTY

iMyFone DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

7. MISCELLANEOUS

iMyFone DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY'S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER'S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON'T INSTALL AND/OR USE THE SOFTWARE.

Adolescents may not use the services provided by iMyFone to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.

To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact iMyFone for any reason, please write to us.

If there is any conflict between this Additional EULA Terms and the "iMyFone Software END USER LICENSE AGREEMENT" this Additional EULA terms shall prevail.