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. Obtaining and maintaining the equipment and services necessary to use the Software Application is your responsibility. IMG Globalsecur, Inc. is not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. 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 these Terms, 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. IMG Globalsecur, Inc. 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. IMG Globalsecur, Inc. is also not responsible for any increased service fees that may be incurred by your mobile carrier based on your useage of the FoneTrac Application.
You agree to use the panic alert features of the FoneTrac Application only for actual emergencies. By using the 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 or which facilitate or encourage anyone else to violate any law or to violate the intellectual property rights or any other rights of others.
Ownership, License and Restrictions
The FoneTrac Application is licensed, not sold, to you. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this application belong to us or our licensors. We grant you a nontransferable revocable limited license to use the FoneTrac Application only for your personal non-commercial use on the 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 or otherwise attempt to derive the source code of this Application. This Application and its content are protected by copyright under both United States and foreign laws. Any use of the Application and its content not explicitly permitted by these Terms is a breach of these Terms and may violate the law. If you violate these Terms, your permission to use this FoneTrac Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.
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 IMG Globalsecur, Inc., 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 IMG Globalsecur, Inc. 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 U.S. export laws and regulations 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 US embargoed country.
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 a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
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 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 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 EULA 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 FONETRAC HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS EULA 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., 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 EULA.
If any portion of this EULA 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 EULA shall continue until it is terminated by either party. You may terminate this EULA 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. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA.
IMG Globalsecur, Inc. may assign this EULA without notice to you. You shall not assign this License 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. IMG Globalsecur, Inc. may assign or transfer this EULA, at its sole discretion, without restriction. Subject to the foregoing, this EULA 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 with you face with the FoneTrac Application promptly any by emailing us at [email protected] so that we can fix these issues as soon as possible.
This EULA constitutes the entire and exclusive understanding and agreement between IMG Globalsecur, Inc. and you regarding the FoneTrac Application, and this EULA supersedes and replaces any and all prior oral or written understandings or agreements between IMG Globalsecur, Inc. and you regarding the FoneTrac Application.