These Terms of Service are a binding contract between you and IOwnMyData Inc to govern your use of the node either through a mobile or desktop application (“Service”). You must consent to these Terms of Service prior to using the Service. These Terms of Service may be revised from time to time with notice provided to you in accordance with applicable law. In order to continue using the Service, you will be required to accept the revised terms.
Our Service: Node is a convenience and privacy enhancing service that helps you to choose the information that you share with businesses online. Using your node you can (i) create anonymous tokenized accounts for all business communications; and (ii) store your personal information, online and offline interactions, and purchases, on your device for future use.
Access: You represent that you are 18 years of age, or the legal age of majority in your jurisdiction. You further represent that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties. If you do not meet these requirements, you must not access or use the Service.
Use of Service: You will be required to create a tokenized account when you install your node. When you interact with businesses online, you will be given the option of storing your information on your node. Your node will not automatically store this information, and only the information that you choose to store on your node will be available to you when you later interact with businesses. To be able to send information to your node, you must be connected to the internet and logged in with your Apple ID.
Ownership: We own all right and title in the Service and grant you a non-exclusive non-transferable license to use the Service in accordance with these Terms of Service. You will own all personal information which you choose to store in your node You also own and retain all rights over information sent to your tokenized account by businesses via the node, including emails and text messages. We will retain rights over all de-identified, aggregated interaction data and business data (or Aggregated Analytics, as defined in our Privacy Policy) that we receive from your node.
Restrictions: You will use the Service in good faith. You will be solely responsible for your use of the Service and we will not be responsible for you using the Service in a way that breaks the law. You agree not to use the Services in a way that (i) violates any applicable laws; (ii) infringes, misappropriates or violates our rights, including our intellectual property rights, (iii) violates the rights of any third party; or (iv) impairs the Service or affects the ability of any person to use the Services.
Termination: If you wish to terminate your use of the Service, you are free to delete your account and uninstall the node at any point. Note that only uninstalling your node will not delete your account; you must separately delete your account through the ‘Delete Account’ option prior to uninstalling the node. When you delete your account and uninstall your node, all information and emails held in the node will also be deleted, and cannot be recovered.
Disclaimer: You agree that you have no expectation of, or right to, permanent and uninterrupted access to the Service. We provide the Service on an as-is basis and we cannot guarantee the availability of the Service at all times.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL I OWN MY DATA INC, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS I OWN MY DATA INC, AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF NODE INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY BUSINESS) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.
YOUR USE OF NODE IS AT YOUR SOLE RISK. THE NODE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH NODE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT NODE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF NODE WILL BE ACCURATE OR RELIABLE.
Privacy: We do not require any personal information to provide you with the Service. Details of what information is used and how it is used can be found in our Privacy Policy. By agreeing to these terms, you also agree to the collection and use of information as stated in the Privacy Policy.
Disputes: If you have any complaints or grievances regarding these Terms of Service, please contact us at disputes@iomd.info.
Governing Law and Jurisdiction: These Terms of Service and the Service and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the State of California. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Mateo.
Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and I Own My Data Inc, regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
