Last Updated: October 26, 2023
IMPORTANT NOTICE: THESE TERMS INCLUDE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 12 THAT AFFECT YOUR LEGAL RIGHTS.
This Terms of Service document (“Terms,” “Agreement”) constitutes a legally binding agreement between iMash.io (“iMash.io,” “We,” “Us,” “Our”) and the individual or legal entity accessing or using our services (“You,” “Your,” “Customer”). These Terms govern Your access to and use of the iMash.io website located at www.imash.io (the “Site”), associated APIs, software, tools, and related services, including professional and enterprise offerings (collectively, the “Services”).
Your use of the Site and Services is strictly conditioned upon Your unconditional acceptance of these Terms, including Our Privacy Policy – https://www.imash.io/privacy-policy/ (“Privacy Policy”), which is incorporated herein by reference.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
By registering for, accessing, browsing, or otherwise using the Site or Services, You acknowledge that You have read, understood, and agree to be bound by this Agreement. If You violate these Terms, We reserve the right to suspend or terminate Your access to the Services and pursue legal remedies.
IF YOU DO NOT AGREE TO THESE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM, DO NOT ACCESS OR USE THE SITE OR SERVICES.
1. Eligibility and Account Registration
1.1. Eligibility: You must be at least 18 years of age or the age of legal majority in Your jurisdiction to enter into this Agreement and use the Services. Individuals under the age of 13 are strictly prohibited from using the Site or Services. You represent and warrant that You are not barred from receiving services under the laws of the United States or other applicable jurisdictions.
1.2. Account Information: To access certain features of the Services, You may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.3. Account Security: You are responsible for safeguarding Your account password and any other credentials used to access the Services. You are solely responsible for any activities or actions that occur under Your account, whether or not You have authorized such activities or actions. You agree to notify iMash.io immediately of any unauthorized use of Your account. iMash.io is not liable for any loss or damage arising from Your failure to comply with these security obligations.
2. Description of Services
2.1. Platform Service: iMash.io provides a platform enabling Customers to develop, deploy, and manage AI-powered agents for voice-based interactions. This includes, but is not limited to, API access, tools for building conversational AI, potential number provisioning, call handling capabilities, and a dashboard for management, customization, and integration (e.g., for customer support, sales outreach, data collection, surveys).
2.2. Professional Services: iMash.io may offer specialized professional services beyond standard support. These can include custom development, implementation assistance, strategic consulting, optimization services, and other tailored solutions. To inquire about professional services, please contact us via support@imash.io Our team can assist in identifying services best suited to Your needs.
3. Payment, Fees, and Billing
3.1. Service Plans and Fees: Information regarding iMash.io’s service plans, features, and associated fees is available on our pricing page: https://www.imash.io/pricing (“Pricing Page”). Services are typically billed on a recurring basis (e.g., monthly, annually) as specified in Your chosen plan (“Subscription Period”), potentially combined with usage-based charges.
3.2. Payment Authorization: Upon initiating a paid Service, You must provide iMash.io with valid and current payment information, such as a credit card number and associated billing details. You hereby authorize iMash.io (and/or its designated third-party payment processor) to charge Your designated payment method for all applicable fees, including subscription fees, usage charges, and any applicable taxes (“Taxes”), on the relevant billing date(s). You authorize the issuer of Your payment method to pay all such amounts without requiring a signed receipt, acknowledging that Your acceptance of these Terms constitutes sufficient authorization.
3.3. Automatic Renewal and Cancellation: Unless You cancel Your subscription before the end of the current Subscription Period, Your subscription will automatically renew for a subsequent period of the same duration. To cancel, You must follow the cancellation procedures outlined within the Service interface (e.g., deleting Your workspace or removing all subscription-based components like phone numbers). Failure to do so before the renewal date will result in automatic renewal, and You will be charged the applicable fees for the renewed Subscription Period.
3.4. Automatic Charging: You authorize iMash.io or its billing agent to initiate charges to Your payment method automatically according to Your plan’s billing cycle (e.g., at the end of the month for usage, or at the start of the period for subscriptions). We reserve the right to continue attempting charges or place holds until all due amounts are paid in full. However, We are not obligated to make repeated attempts before pursuing other remedies.
3.5. Payment Information Updates: You agree to maintain accurate and up-to-date payment information on file. You must promptly update Your information if it changes (e.g., new card number, expiration date). You are solely responsible for ensuring Your payment information is current. iMash.io is not liable for fees or charges incurred due to outdated information or insufficient funds (e.g., overdraft fees, penalties from Your card issuer). If You provide a debit card number, You authorize all charges herein to be applied to that debit card.
3.6. Invoicing: At Our discretion, We may issue invoices. If We do, payment terms will be specified on the invoice. Requesting specific invoice formats, additional copies, or detailed usage reports may incur extra charges, established by Us from time to time. Issuing an invoice does not waive Our right to automatically charge Your payment method on file.
3.7. Late Payments and Collections: If an automatic charge fails, You may receive an invoice due within 14 days. If payment is not received by the due date, a 7-day grace period may be provided. iMash.io reserves the right to suspend or terminate Your access to the Services automatically if payment is not received within this grace period. For overdue amounts, We may charge a late fee equal to the lesser of 10% of the past due balance or the maximum rate permitted by law. If We must refer Your account for collection or pursue other remedies, You agree to pay all associated costs, including reasonable attorneys’ fees and court costs.
3.8. Rate Changes: iMash.io reserves the right to modify its rates and fees at any time by posting the updated pricing on the Pricing Page (https://www.imash.io/pricing). New rates will apply to Your next billing cycle or usage occurring after the changes are posted. It is Your responsibility to review the Pricing Page periodically. Your continued use of the Services after a price change constitutes Your acceptance of the new rates. If You do not agree to the new rates, You must cease using the applicable Service.
4. Acceptable Use and User Obligations
4.1. Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws, regulations, and treaties. This includes, but is not limited to, laws related to data privacy, international communications, and the transmission of technical or personal data.
4.2. Prohibited Conduct: You shall not use the Services to:
a. Engage in any activity that is illegal, fraudulent, deceptive, or harmful.
b. Transmit material that is threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or invasive of another’s privacy.
c. Infringe upon the intellectual property rights or other proprietary rights of any third party.
d. Distribute unsolicited commercial messages (“spam”) or engage in excessive or abusive calling or messaging.
e. Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.
f. Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
g. Use the Services to build a competitive product or service, or copy its features or user interface.
h. Violate iMash.io’s Know-Your-Customer (KYC) requirements, if applicable.
4.3. Telemarketing and Communications Compliance: You are solely responsible for ensuring that Your use of the Services complies with all laws governing telephone calls, text messages, and other communications. This includes, without limitation:
a. TCPA & TSR: The Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule (TSR), and related FCC/FTC regulations.
b. Consent: Obtaining and documenting the necessary levels of prior express consent (written or otherwise, as required by law) from individuals before initiating auto-dialed, prerecorded, or AI-voice calls or messages. You must retain proof of consent for at least five years, or longer if required by law. iMash.io reserves the right to audit Your consent records.
c. DNC Lists: Scrubbing all calling lists against applicable national, state, company-specific, and wireless Do-Not-Call (DNC) registries at least every 31 days, or more frequently if required by law.
d. Caller ID: Not altering or spoofing caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.
e. AI & Prerecorded Message Disclosures: Including clear disclosures at the beginning of calls using AI voice or prerecorded messages, as required by law. Providing automated, interactive opt-out mechanisms for prerecorded telemarketing messages.
f. Call Recording: Complying with all federal and state laws regarding call recording, including obtaining necessary consents from all parties before recording and disclosing the use of any third-party analytics vendors, if applicable.
g. Calling Time Restrictions: Adhering to restrictions on calling times (e.g., typically prohibited before 8 a.m. or after 9 p.m. local time of the called party).
4.4. Fraud Prevention and Rights of Publicity:
a. You shall not use the Services to promote fraudulent schemes (e.g., pyramid schemes, make-money-fast schemes), phishing, pharming, or similar deceptive activities.
b. Providing false or misleading information about sender identity or call origin is strictly prohibited.
c. You must have all necessary rights, licenses, and consents to use any AI voices or real human voices (or voices deceptively similar) within the Services. Using voices without proper authorization or for purposes not consented to by the individual is forbidden.
4.5. System Integrity: Any action that disrupts or compromises the integrity, security, or performance of iMash.io’s systems, networks, or services, or those of its vendors or partners, is strictly prohibited and may result in immediate termination of Your Services.
5. Intellectual Property Rights
5.1. iMash.io Ownership: All rights, title, and interest in and to the Services, the Site, including all underlying software, technology, algorithms, models, know-how, trademarks, service marks, trade names, logos, and content (excluding User Content) (“iMash.io IP”), are and will remain the exclusive property of iMash.io and its licensors. This Agreement does not grant You any rights to use iMash.io’s trademarks, logos, domain names, or other brand features without Our prior written consent.
5.2. Limited License to Customer: Subject to Your compliance with these Terms, iMash.io grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Your internal business purposes or personal use, as applicable to Your plan.
5.3. License Restrictions: The license granted in Section 5.2 is subject to the following restrictions. You may not (and may not permit any third party to): (a) modify, adapt, translate, or create derivative works based on the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (c) sell, resell, license, sublicense, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (d) use the Services for timesharing or service bureau purposes; (e) remove any proprietary notices or labels; or (f) use the Services in violation of the Acceptable Use policy (Section 4).
5.4. User Content: You retain ownership of all content, data, information, and materials that You submit, upload, post, or otherwise provide to the Services (“User Content”). By providing User Content, You grant iMash.io a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, adapt, distribute, display, perform, and process User Content solely as necessary to provide, maintain, and improve the Services for You, and as otherwise permitted by these Terms and Our Privacy Policy. You represent and warrant that You have all necessary rights to grant this license for all User Content You provide.
5.5. AI-Generated Content: The Services may generate suggestions, responses, or other output based on Your inputs (“AI-Generated Content”). While You may use the AI-Generated Content for Your permitted purposes under this Agreement, iMash.io and/or its licensors retain ownership of the underlying AI models, algorithms, and technology used to generate such content. iMash.io makes no claims regarding the ownership of the specific inputs You provide to generate AI-Generated Content. You are responsible for ensuring Your use of AI-Generated Content complies with applicable laws and does not infringe third-party rights.
5.6. Feedback: If You provide iMash.io with any suggestions, ideas, improvements, recommendations, or other feedback regarding the Services (“Feedback”), You hereby grant iMash.io a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to You.
5.7. Customer Marks: You grant iMash.io the right to use Your company name, logo, and other trademarks (“Customer Marks”) on iMash.io’s Site and in its marketing and promotional materials solely to identify You as a customer. For the duration of this Agreement, You grant iMash.io a non-exclusive, royalty-free license to use Customer Marks for this purpose.
6. User Content, Data Processing, and Call Recording
6.1. Responsibility for User Content: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content. iMash.io does not screen User Content but reserves the right to remove or disable access to any User Content that violates these Terms.
6.2. Data Processing: iMash.io will process User Content, including personal data contained therein, in accordance with its Privacy Policy – https://www.imash.io/privacy-policy/. You consent to such processing.
6.3. Call Recording and Communications Data: If You utilize features involving call recording or processing of communications data (e.g., call transcripts, metadata) (“Communications Data”), You acknowledge and agree:
a. Consent for Recording: You are solely responsible for complying with all applicable laws regarding the recording of telephone calls or other communications, including obtaining explicit consent from all participants where required by law (as outlined in Section 4.3.f).
b. Permission for Processing: You grant iMash.io permission to record calls (unless You opt-out where such functionality is provided) and to access, store, and process Communications Data and associated User Content. This processing is primarily for providing the Services, including features like AI-powered analytics.
c. Service Improvement: You agree that iMash.io may use Communications Data and User Content to develop, train, test, and improve the AI models, machine learning algorithms, and overall functionality included in the Services. For such improvement purposes, iMash.io will use commercially reasonable, industry-standard techniques to de-identify and aggregate the data before use.
d. No Diminished Obligations: Nothing in this section limits Your obligations under Section 4 (Acceptable Use) or any applicable laws regarding privacy, consent, and data protection.
7. Confidentiality
7.1. Definition: “Confidential Information” means all non-public information disclosed by one party (“Discloser”) to the other (“Recipient”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. iMash.io’s Confidential Information includes the non-public aspects of the Services and its underlying technology. Your Confidential Information includes Your non-public User Content.
7.2. Obligations: The Recipient agrees to: (a) use the Discloser’s Confidential Information solely to perform its obligations or exercise its rights under this Agreement; (b) protect the Discloser’s Confidential Information using the same degree of care it uses to protect its own confidential information of like kind (but not less than reasonable care); and (c) not disclose the Discloser’s Confidential Information to any third party except as expressly permitted herein or with the Discloser’s prior written consent.
7.3. Exclusions: Confidential Information does not include information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Discloser; (b) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (c) is received from a third party without breach of any obligation owed to the Discloser; or (d) was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.
7.4. Compelled Disclosure: The Recipient may disclose Confidential Information of the Discloser if required by law or court order, provided the Recipient gives the Discloser prior notice (if legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure.
8. Term and Termination
8.1. Term: This Agreement commences on the date You first accept it (e.g., by clicking “I Agree,” registering an account, or using the Services) and continues until terminated by either party as set forth herein.
8.2. Termination by You: You may terminate this Agreement by ceasing all use of the Services and following the cancellation procedures for any active subscriptions as described in Section 3.3.
8.3. Termination or Suspension by iMash.io: We may suspend or terminate Your access to all or any part of the Services, with or without notice, for any reason, including, but not limited to:
a. If You breach any material term of this Agreement (including failure to pay fees when due, as described in Section 3.7).
b. If Your use of the Services violates the Acceptable Use policy (Section 4) or poses a security risk or potential harm to iMash.io, other users, or third parties.
c. If required by law or regulation.
d. For extended periods of inactivity.
e. For any reason, upon providing You with reasonable prior notice (e.g., 30 days), unless termination is for cause (like breach or illegal activity), in which case it may be immediate.
8.4. Effect of Termination: Upon termination of this Agreement for any reason: (a) all rights and licenses granted to You hereunder will immediately cease; (b) You must immediately cease all use of the Services; (c) You remain liable for all unpaid fees incurred prior to termination; (d) iMash.io may delete Your User Content in accordance with its standard data retention policies, subject to applicable law and the Privacy Policy; (e) Sections addressing Confidentiality, Intellectual Property Ownership, Disclaimers, Limitations of Liability, Indemnification, Dispute Resolution, and Miscellaneous provisions will survive termination.
9. Warranty Disclaimer
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMASH.IO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IMASH.IO DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
IMASH.IO IS NOT RESPONSIBLE FOR ANY DATA LOSS, CORRUPTION, OR MISDIRECTION RESULTING FROM INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET. ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMASH.IO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMASH.IO OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IMASH.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL IMASH.IO’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO IMASH.IO FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IMASH.IO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless iMash.io, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) Your violation of these Terms; (b) Your use of the Services, including, but not limited to, Your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms; (c) Your violation of any applicable laws, rules, or regulations (including, without limitation, TCPA, TSR, DNC rules, and data privacy laws); or (d) Your violation of any rights of a third party, including intellectual property rights or privacy rights. iMash.io reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case You agree to cooperate fully with iMash.io in asserting any available defenses.
12. Dispute Resolution, Governing Law, and Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH IMASH.IO THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
12.1. Governing Law: This Agreement and any dispute arising out of or related to it or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
12.2. Informal Dispute Resolution: We want to address Your concerns without needing a formal legal case. Before filing a claim against iMash.io, You agree to try to resolve the dispute informally by contacting Us first via legal@imash.io with a detailed written description of the claim. We will attempt to resolve the dispute through negotiation in good faith. If the dispute is not resolved within sixty (60) days after Your submission, You or iMash.io may initiate a formal proceeding. Notwithstanding the foregoing, iMash.io may pursue collection actions for unpaid fees in court without first attempting informal resolution.
12.3. Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Mateo County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [Or choose another provider like AAA and its relevant rules, e.g., Commercial Arbitration Rules]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12.4. CLASS ACTION WAIVER: YOU AND IMASH.IO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and iMash.io agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court determines that this Class Action Waiver is unenforceable in a particular case, then the entirety of this Arbitration agreement (Section 12.3) will be void as to that case.
12.5. JURY TRIAL WAIVER: YOU AND IMASH.IO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and iMash.io are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein.
12.6. Exceptions to Arbitration: Notwithstanding the above, either party may bring an individual action in small claims court. Furthermore, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
12.7. Exclusive Jurisdiction and Venue (if Arbitration is Inapplicable): If the agreement to arbitrate is found not to apply to You or Your claim, You and iMash.io agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in San Mateo County, California. Both You and iMash.io consent to venue and personal jurisdiction there and waive any objection to venue or forum non conveniens.
12.8. Registered Agent: iMash.io’s registered agent for service of process is: legal@imash.io
13. Modifications to Terms
iMash.io reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide reasonable notice prior to any new terms taking effect (e.g., by posting on the Site or sending an email). What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Services. We encourage You to periodically review the Terms for updates. The “Last Updated” date at the top indicates the latest revision.
14. DMCA Policy (Digital Millennium Copyright Act)
iMash.io respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), We will respond expeditiously to notices of alleged copyright infringement that are properly provided to Our designated Copyright Agent.
If You believe Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify iMash.io’s Copyright Agent, providing the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work that You claim has been infringed;
c. Identification of the material that is claimed to be infringing and where it is located on the Service (sufficient information to permit Us to locate the material);
d. Your contact information, including address, telephone number, and email address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for iMash.io’s Copyright Agent for notice of claims of copyright infringement is:
dmca@imash.io
Note: Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
15. Miscellaneous
15.1. Entire Agreement: This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference (like the Pricing Page or specific service orders, if applicable), constitutes the entire agreement between You and iMash.io regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
15.2. Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Agreement will continue in full force and effect.
15.3. Assignment: You may not assign or transfer this Agreement or any of Your rights or obligations hereunder, whether by operation of law or otherwise, without iMash.io’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. iMash.io may freely assign or transfer this Agreement, or any of its rights or obligations, without restriction or notice to You. Upon such assignment by iMash.io, iMash.io is released from all liability with respect to this Agreement.
15.4. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations hereunder (other than payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters (fires, floods, earthquakes, storms), acts of war or terrorism, civil disturbances, riots, labor disputes (strikes, lockouts), epidemics, pandemics, government orders or actions, internet service provider failures, denial of service attacks, power outages, or network or telecommunications failures (“Force Majeure Event”). Performance times shall be extended for the period of the delay caused by the Force Majeure Event.
15.5. Enforcement and Waiver: iMash.io reserves the right to investigate and take appropriate action (including monitoring, enforcement, suspension, termination, legal action) against any actual or suspected violation of this Agreement. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or any other rights. Any waiver of any provision of this Agreement will be effective only if in writing and signed by iMash.io. A waiver in one instance does not imply a waiver in any other instance.
15.6. Notices: Any notices or other communications required or permitted hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by iMash.io via email (to the address associated with Your account); (b) by posting to the Site or within the Service; or (c) by You via email to legal@imash.io or to such other addresses as iMash.io may specify in writing. Notices via email will be deemed given on the date of transmission. Notices posted on the Site are deemed given upon posting.
15.7. Relationship of the Parties: The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
15.8. Headings: The section headings in this Agreement are for convenience only and shall not affect their interpretation.
16. Contact Information
If You have any questions about these Terms, the Services, Your bill, or need to contact iMash.io for any reason related to this Agreement, please reach out using the following information:
iMash.io
support@imash.io or legal@imash.io