This is a legal agreement between you and IMG Globalsecur, Inc. (“We” or “Us”) regarding your use of the software and all data or content that is accessed or utilized by the software (collectively, the “FoneTrac Application” or “FoneTrac”). By using or installing the FoneTrac Application, you are agreeing to be bound by the terms of this End-User License Agreement (“EULA”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE OR INSTALL THIS SOFTWARE.
Your Responsibilities as a FoneTrac Application User
Use of the FoneTrac Application requires third party services and equipment such as a compatible mobile device, a telecommunications carrier, and/or a Wi-Fi network (“Equipment and Services”). Obtaining and maintaining the Equipment and Services necessary to use the FoneTrac Application is your responsibility. We are not responsible for defects or lack of functionality or service with the Equipment and Services, or other issues arising from the Equipment and Services. You are also responsible for maintaining the confidentiality of your user identification and security pin to access FoneTrac. You will not disclose or share your password to or with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. You will not use or otherwise export the FoneTrac Application except as authorized by this Agreement, United States law and the laws of the jurisdiction in which the FoneTrac Application was obtained.
Your access and use of the FoneTrac Application will depend on the capabilities of your mobile device and the mobile carrier you have contracted with for mobile service, along with any foreign affiliates your mobile service may have contracted with on your behalf to provide you with service overseas. We shall in no way be deemed responsible for a failure in performance of the FoneTrac Application due to network outages, failures or other interruptions of service, including attempts to use the Application while in an area that receives sporadic, limited or no coverage. We are also not responsible for any increased service fees that may be incurred by your mobile carrier based on your usage of the FoneTrac Application.
You agree to use the panic alert features of the FoneTrac Application only for actual emergencies. By using the FoneTrac Application, you acknowledge that you assume sole responsibility for safe use of the FoneTrac Application and the services it facilitates. You may not use the FoneTrac Application in a way which would violate any law of the jurisdiction within which you are using FoneTrac or which facilitate or encourage anyone else to violate any law of any jurisdiction by using FoneTrac or to violate the intellectual property rights or any other rights of others by using FoneTrac.
Ownership, License and Restrictions
The FoneTrac Application is licensed only and is not sold to you. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the FoneTrac Application belongs to us or our licensors. We grant you a non-transferable, revocable limited license to use the FoneTrac Application only for your personal non-commercial use on a mobile device that you own or control. You may not sell, rent, lend, lease, redistribute, or sublicense the FoneTrac Application. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise attempt to derive the source code of the FoneTrac Application. FoneTrac and its content are protected by copyright under both United States and foreign laws. Any use of the FoneTrac Application and its content not explicitly permitted by this Agreement is a breach of this Agreement and may violate the law. If you violate this Agreement, your permission to use the FoneTrac Application automatically terminates and you must immediately cease using FoneTrac and destroy all copies, full or partial, of FoneTrac that you have in your possession or control, which includes copies of FoneTrac that is downloaded and/or installed on any electronics devices you own or stored and/or installed on any cloud based applications you have access to.
In order for the FoneTrac Application to function properly, you must enable certain features of your mobile device, such as GPS, Wi-Fi and Bluetooth, which will allow Us, along with the manufacturer of the mobile device, telecommunication or application providers and their partners, to identify your location through a variety of means, including GPS location, IP address, or geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Us. By using FoneTrac, you agree and consent to IMG Globalsecur, Inc.’s and such parties’ collection, maintenance, processing and use of your location data.
You agree to comply fully with all export laws and regulations of the United States of America to ensure that neither the FoneTrac Application nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the FoneTrac Application nor any technical data related thereto nor any direct product thereof to any country subject to an embargo by the government of the United States of America.
By downloading and using the FoneTrac Application, you further represent and warrant that: (a) you are not located in a country that is subject to an embargo of the United States of America or that has been designated by the government of the United States of America as a “terrorist supporting” country; and (b) you are not listed on any list of prohibited or restricted parties by the government of the United States of America.
Disclaimer of Warranties
THE FONETRAC APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMG GLOBALSECUR, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING ANY EMERGENCY RESPONSE CENTER OR INTERNATIONAL SECURITY CONSULTANT) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMG GLOBALSECUR, INC., INCLUDING ANY INFORMATION OBTAINED FROM ANY EMERGENCY RESPONSE CENTER OR INTERNATIONAL SECURITY CONSULTANT OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE FONETRAC APPLICATION AND FOR THE SAFETY OF YOURSELF AND ANYONE YOU CONTACT USING THE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FONETRAC APPLICATION IS AT YOUR SOLE RISK.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FONETRAC APPLICATION REMAINS WITH YOU. IMG GLOBALSECUR, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING ANY EMERGENCY RESPONSE CENTER OR INTERNATIONAL SECURITY CONSULTANT) MAKE NO WARRANTY THAT (i) THE FONETRAC APPLICATION WILL MEET YOUR REQUIREMENTS; (ii) THE FONETRAC APPLICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FONETRAC APPLICATION WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FONETRAC APPLICATION WILL MEET YOUR EXPECTATIONS; AND (v) THAT THE OPERATION OF THE FONETRAC APPLICATION WILL BE UNINTERRUPTED OR ERRORFREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL IMG GLOBALSECUR, INC., ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS AND IMG GLOBALSECUR, INC.’s THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMG GLOBALSECUR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FONETRAC APPLICATION; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE FONETRAC APPLICATION.
IMG Globalsecur, Inc. has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the FoneTrac Application. You assume sole responsibility for enabling and keeping active the location tracking features (e.g. location Services, GPS, etc.) of your mobile device when you are using the FoneTrac Application, and in no event shall IMG Globalsecur, Inc. be responsible for any damages resulting from your failure to do so. You assume sole liability for any damages arising from your modifications or attempts to modify the FoneTrac Application.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES FOR THE FONETRAC APPLICATION AND THE TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF IMG GLOBALSECUR, INC. OR ANY AFFILIATES OF IMG GLOBALSECUR, INC. HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE FONETRAC APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you agree to defend, indemnify and hold IMG Globalsecur, Inc. and any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors, harmless from and against any and all claims, suits, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the FoneTrac Application, including your downloading, installation, or use of the FoneTrac Application, or your violation of this Agreement.
If any portion of this Agreement is found to be unenforceable, the remainder of the terms will remain in full force and effect.
Term and Termination
Your license to use the FoneTrac Application under this Agreement shall continue until it is terminated by either party. You may terminate this Agreement at any time, by discontinuing the use of all or any of the FoneTrac Application and by destroying all copies of the FoneTrac Application in your possession and control, which includes copies of FoneTrac that are downloaded and/or installed on any electronics devices you possess or control or stored and/or installed on any cloud based applications you have access to. This Agreement and the license granted to you under this Agreement will automatically terminate if you breach any term of this Agreement.
We may assign this Agreement without notice to you. You shall not assign this Agreement without the prior written consent of IMG Globalsecur, Inc. and any assignment without IMG Globalsecur, Inc.’s prior written consent shall be of no effect. We may assign or transfer this Agreement, at our sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Issues or Complaints with the FoneTrac Application
You agree to report any known issues which you may encounter with the FoneTrac Application by promptly emailing us at FTsupport@imgsecurity.com. We will attempt to quickly fix and/or service these issues but do not guarantee that such efforts will be successful nor will you be entitled to any sort of remuneration for any failure to act or resolve such issues on the part of IMG Globalsecur, Inc.
This Agreement constitutes the entire and exclusive understanding and agreement between IMG Globalsecur, Inc. and you regarding the FoneTrac Application, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between IMG Globalsecur, Inc. and you regarding the FoneTrac Application.