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 July 6, 2022.

Interpretation and Definitions

Interpretation

The words of 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 in 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 IMYFONE
  2. Service refers to the Product.
  3. You means 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. Product means the software program provided by the Company downloaded by You on any electronic device named TopClipper.

Disclaimer

The Service is for Fair Use only. We support the protection of intellectual property rights and have no intention of infringing anyone's intellectual property rights through our services.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORT, RESULTING FROM THE USE OF THE SERVICE OR arising out of or in connection with the content of the Service. The company reserves the right to supplement, delete or modify the content on "Services" at any time without prior notice.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making 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.

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

Any dispute arising from Your use of the Service infringing the copyrights or intellectual property rights of third parties shall be borne by you..

Disclaimer for Expressing Opinions

Results obtained from using the Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and 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

IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICE.

"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 WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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 Us:

  1. By visiting this page on our website: https://www.imyfone.com/support/contact-support/
  2. By sending us an email: support@imyfone.com