Terms of Service

Privacy Policy

Acceptable Use Policy

Copyright

Community Guidelines

Guidelines for Law Enforcement

Terms of Service
Last updated: November, 2022

Welcome to imo!
Thanks for using our service! Our service is developed and brought to you by PageBites, Inc.(3000 EI
Camino Real Bldg 5, Suite 300, Palo Alto, CA, 94306), while top-up service is operated by Indigo Tech
Pte. Ltd. (20 Havelock Road #03-11 Central Square, Singapore, 059765). By using imo and any other
products or services that we or our service providers offer you over your computer, our website and
portal, or the imo mobile app on mobile and tablet devices (the Mobile App), you are entering into a
binding legal agreement with us, in which you agree to be subject to and bound by these Terms (and by
these Terms we mean: (i) these Terms of Service; (ii) our Privacy Policy; (iii) our Acceptable Use Policy;
(iv) our Community Guidelines; and (v) any other policies on our policy page.) Some features of the
Service may be subject to additional terms, and they are made part of these Terms. You should read
them before using those features.

PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAINS BINDING ARBITRATION

PROVISIONS IN SECTION 13 WHICH WILL REQUIRE YOU TO SUBMIT DISPUTES (WITH OPT-
OUT OPTION) BETWEEN YOU AND IMO TO BINDING ARBITRATION. YOU MAY OPT OUT OF
BINDING ARBITRATION BY SENDING IMO A WRITTEN NOTICE IN ACCORDANCE WITH
SECTION 13.

If you are unwilling or unable to be bound by these Terms, please don’t use the Service.

NO ACCESS TO EMERGENCY SERVICES: OUR SERVICE DOES NOT PROVIDE YOU ACCESS TO
EMERGENCY SERVICES AND IS NOT MEANT TO REPLACE YOUR FIXED-LINE OR MOBILE
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 TELEPHONE.

We sometimes use specially-defined terms in these Terms. When we do, we will capitalize that term
once we’ve defined it. For example, when we use the word “Service,” we collectively mean imo, and
any other associated products or services that we or our service providers might offer, including the
Mobile App and the Public Service Account.

1. User Accounts

A. Registration
To use the Service, you will need to create an account with us and provide certain information about
yourself, including your name and mobile phone number. Unless you are a parent who is creating an
account for a child who is 13 or older, you agree not to create an account on behalf of anyone other
than yourself, and you agree to provide accurate, current and complete information. You are
responsible for maintaining the confidentiality of your account. You agree that you are solely
responsible for any activities that occur in connection with your account, whether or not you have
authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
To help eliminate confusion with recycled phone numbers, we monitor account inactivity. If an account
is unused for 365 days and then becomes newly activated on a different mobile device, we take this as
a sign that a number has been recycled. At this time we will remove the old account data tied to the
phone number.

2. Using our Service

A. Mobile Services and Applications

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-
exclusive, non-transferable license to download and install a copy of the imo application which allows
you to access and use the imo Service on mobile and desktop devices that you own or control. You
may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve
all rights in the desktop and Mobile App not expressly granted to you by these Terms.

B. Paid Features
Certain features of the Service, such as upgrading to a premium account, the use of imo Out and
Diamonds, may require you to pay a fee in order to use them. If you choose to purchase these
features, you expressly authorize us or our payment processor to charge the payment method you
provide for the applicable fee and all applicable taxes. When payments are processed by one of our
third-party processors, you should read the terms and conditions of such third-party processor. Except
as expressly set forth below, all fees are non-refundable.

When you purchase any additional features we may offer, there will be a one-time charge for that
purchase. Once you purchase these features and whether used out or not, you will not be entitled to a
refund. We reserve the right to terminate or suspend your use of paid features of the Service at any
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 time and for any reason, without liability, pursuant to the terms of Section 14 of these Terms of Service.
If we terminate or suspend your account with or without cause, in accordance with the terms of Section
14 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these
features, unless provided otherwise in the terms of sale.

C. Virtual Items
The Service may offer Diamonds, or any other virtual items which may be issued by imo in the future to
employ associated features in the Service (“Virtual Items”). Depending on the features, you may
purchase, earn, or gift these Virtual Items in our Service. For example, Diamonds can be used for the
imo Out, voice chat or purchasing virtual gift. Virtual Items may be available for purchase on the Mobile
App, our website, and/or on our partners’ websites (in which case you should read the terms and
conditions of the offering partner). By using the Service, you agree to accept the then-current purchase
prices of Virtual Items at the time of your purchase. The balance of Virtual Items showed in your
account does not represent real-world money, currency, or the equivalents. You understand that while
you may purchase, earn, gift, or receive Virtual Items, you do not legally own them. They are simply a
measurement of the extent of your limited license to use certain features in the Service. Virtual Items
shall only be used within the Service and for the purposes described under these Terms. VIRTUAL
ITEMS ARE SUBJECT TO OUR MODIFICATION, SUSPENSION, ELIMINATION, OR SUBSTITUTION
AT ANY TIME AT OUR DISCRETION. YOU ARE NOT ALLOWED AND WILL NOT BE ABLE TO SELL,
TRANSFER, EXCHANGE, OR REFUND THE VIRTUAL ITEMS IN YOUR ACCOUNT BALANCE,
EVEN WHEN YOUR ACCOUNT HAS BEEN SUSPENDED, DELETED OR TERMINATED BY YOU OR
US, OR WHEN THE ASSOCIATED FEATURE HAS BEEN ELIMINATED OR SUSPENDED BY US.

We reserve the right to determine and modify the purchase prices of Virtual Items at any time without
notice. We also reserve the right to suspend your use of any Virtual Items without liability if you violate
these Terms. By using the Service, particularly our voice chat feature, you understand that any Virtual
Items you purchased, used, or gifted to another user account shall be final and irrevocable. You
understand that the gifting of certain Virtual Items in the voice chat feature is a form of appreciation of
the recipient user’s voice chat content and may result in compensation to such recipient user, which is
made solely at your discretion. Virtual Items purchased and/or obtained illegally, inappropriately, or
fraudulently will result in suspension, freeze, or termination of your account.

D. Third Party Links

The Service may contain links to websites or applications offered by third parties, including
advertisements (“Third Party Sites”). We don’t control or endorse Third Party Sites, and we assume no
responsibility for the law compliance, practices, accuracy, or content of any Third Party Sites. Your use
of any Third Party Site is entirely at your own risk.

E. Non-refund clauses
YOU UNDERSTAND AND AGREE THAT ALL SALES OF DIAMONDS AND/OR OTHER VIRTUAL
ITEMS ARE FINAL AND IRREVOCABLE, AND WE DO NOT OFFER REFUNDS FOR ANY
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 PURCHASED DIAMONDS, WHETHER CONSUMED OR NOT. DIAMONDS CANNOT BE
CONVERTED INTO OR EXCHANGED FOR CASH, OR BE REFUNDED OR REIMBURSED FOR ANY
REASON.

F. IMOPAY
We have made imopay service available to you within our Services in certain countries or regions. The
services within imopay is supplied to you by our third party payment service provider. Please be aware
that imopay might be subject to a separate and independent terms of service and/or rules of using
imopay(“Independent Rules”), which will be available to you within imopay. You should read through
and agree to such Independent Rules, if any, before you use the service of imopay. By continuing to
use imopay, you agree to be bound by such Independent Rules.

3. Content
A. Definitions
“Content” means text, images, photos, audio, video, location data, usernames, and all other forms of
data or communication. “Your Content” means Content that you submit or transmit to, through, or in
connection with the Service. “User Content” means Content that users (other than yourself) submit or
transmit to, through, or in connection with the Service. “imo Content” means Content that we create and
make available in connection with the Service. “Third Party Content” means Content that originates
from parties other than imo or its users, which is made available in connection with the Service.

B. Responsibility for Your Content

You are solely responsible for Your Content. You assume all risks and responsibilities associated with
Your Content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you
make that makes you personally identifiable. You acknowledge that you own, or have the necessary
permissions to use and/or authorize the use of, Your Content as described herein. You may not imply
that Your Content is in any way sponsored or endorsed by imo. You acknowledge that you may expose
yourself to liability if: Your Content contains material that is false, intentionally misleading, or
defamatory; violates any third party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains
material that is unlawful, including, but not limited to hate speech or spam; exploits or otherwise harms
anyone; and violates or advocates the violation of any law or regulation.

Our Service allows you and other users to create and join public groups (“Public Groups”). Public
Groups enable users who have a common interest or affiliation to chat among themselves. Your
Content and User Content in Public Groups are publicly available to other users. Public Groups may
contain User Content which you may find unsuitable, and you may choose to leave any of such groups
at any time. You are fully responsible for Your Content, and we are under no obligation to review Your
Content and User Content in Public Groups. You may report Content which you find inappropriate or
has violated these Terms by using our in-app reporting tools.
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 THE INFORMATION, OPINIONS, AND CONTENT EXPRESSED IN PUBLIC GROUPS ARE NOT
NECESSARILY THOSE OF IMO OR CONTENT PROVIDERS AND DOES NOT REPRESENT ON
BEHALF OF IMO. IMO DOES NOT UNDERTAKE TO MONITOR OR REVIEW PUBLIC GROUPS,
AND THE CONTENT OF PUBLIC GROUPS IS NOT THE RESPONSIBILITY OF IMO. IMO MAY
REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME AT IMO’S
SOLE DISCRETION. ANY USE OF THE PUBLIC GROUPS WILL BE AT YOUR OWN RISK AND WILL
BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT HEREIN.

C. Our rights to use Your Content

We may use Your Content in a variety of different ways as permitted by our Privacy Policy, including
publicly displaying it, reformatting it, incorporating it into reports, collections, marketing materials and
other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it,
and allowing others to do the same in connection with their own websites and media platforms. As
such, you grant us (imo, its parent, subsidiaries, and affiliates) the non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, fully sublicensable (through multiple tiers), transferable right to use Your
Content for any purpose (including, without limitation, the rights to use, reproduce, publicly perform or
display, distribute, adapt, publish, modify, translate, incorporate into other works in any form, media, or
technology, and create derivative works of Your Content, in whole or in part, throughout the world in any
media). Finally, you irrevocably waive, and cause to be waived, against imo and its users any claims
and assertions of moral rights or attributes with respect to Your Content.

We gather and compile information and data about our users and their usage of the Service on a
collective basis, in a manner which does not disclose or reveal any personally identifiable information
about individual users. You understand, acknowledge, and agree that we are the sole owners of all
such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data
and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media
or form.

D. Removing Content
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without notice to
you, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to
the imo Service.

If you create a username for your imo account, we may remove or reclaim it if we believe it is
inappropriate or violates any trademark policies (such as when a trademark owner complains about a
username that does not closely relate to the user's real name).

E. Reporting Violations
By accepting these Terms, you warrant to be responsible for the Your content and ensure that the
content is legal under applicable law, appropriate and decent under local cultural traditions, and respect
legitimate rights and interests of third parties. The content may not contain anything, including without
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 limitation, that is threatening national security of the countries, pornographic or obscene, illegal gaming
or gambling, crypto currency or illegal transaction, false, defamatory, or constitutes illegal intimidation
or unlawful harassment, infringement of intellectual property rights, personal rights, image rights, trade
secrets or other legitimate rights and interests, or content that is contrary to public order and morality,
or links and two-dimensional code lead to such content.

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We
may report any activity that we suspect violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as
they may request, all without liability to us.

F. Ownership
As between you and imo, you own Your Content. We exclusively own the imo Content, including but not
limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products,
software, and all other elements and components of the Service (excluding Your Content, User Content
and Third Party Content).

We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and
other intellectual and proprietary rights throughout the world (the “IP” Rights) associated with the imo
Content and the Service. These Terms do not grant you any right, title, or interest in the imo Service,
Network, or Content. You understand and agree that you may not modify, reproduce, distribute, create
derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your
Content (including, without limitation, the imo Content, other User Content, or Third Party Content), in
whole or in part, except as expressly authorized by the owner of the Content.

4. Feedback
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Service
(collectively, “Feedback”). You are not required or obligated to send us Feedback but by doing so, you
agree that: (i) your Feedback doesn’t contain the confidential or proprietary information of third parties;
(ii) we are under no obligation of confidentiality, expressed or implied, with respect to your Feedback;
(iii) we may have something similar to the Feedback already under consideration or in development;
(iv) we own all right, title and interest in and to your Feedback, even if you have designated it as
confidential; and (v) we are free to use the Feedback for any purpose, without any restriction or
compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to
us.

5. Restrictions
We are under no obligation to enforce these Terms on your behalf against another user. While we
encourage you to let us know if you believe another user has violated these Terms, we reserve the right
to investigate and take appropriate action at our sole discretion. You agree to comply with all of the
terms, conditions, and restrictions set forth in the Acceptable Use Policy. The Acceptable Use Policy is
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 part of these Terms, and is incorporated here by reference. The restrictions set forth in the Acceptable
Use Policy apply only to the extent permissible under applicable law. Nevertheless, you agree not to act
contrary to them (even if permissible under applicable law) without providing 30 days’ prior written
notice to us at the address provided below, together with any information that we may reasonably
require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our
sole discretion.

6. Communications from imo and Others

By creating an account, you agree to receive certain communications from us, other users, advertisers,
our partners, and service providers in connection with the Service. In certain cases, you will have the
option to “opt out” of receiving certain communications. Please review our Privacy Policy for more
information on the types of communications you may receive, and whether you can opt out from
receiving them.

7. Privacy Policy
imo takes your privacy seriously. We have created a Privacy Policy to inform you about the kind of
information we may collect and the ways we may use it. Please review our Privacy Policy carefully.

You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which is
incorporated herein by reference and made a part of these Terms.

8. Copyright and Trademark Disputes

We respect copyright law and expect our members to do the same. We have adopted and implemented
a policy that provides for the termination in appropriate circumstances of registered members or other
account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders. If you believe any Content or materials on the Service infringe your copyright, you
agree to abide by the notice and takedown procedures set forth in the Digital Millennium Copyright Act.
For more information please read our Copyright Policy.

9. Indemnity
You agree to indemnify and hold imo, its parents, subsidiaries, affiliates, any related companies,
suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of
each of them harmless from and against any claims, suits, proceedings, disputes, demands, liabilities,
damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting
fees) in any way related to or arising out of: (i) your access to or use of the Service, (ii) Your Content,
(iii) your violation of any of these Terms; or (iv) the infringement by you, or anyone using your account,
of the intellectual property rights or other rights of any person or entity. imo reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims at your expense. You agree
not to settle any matter for which you are required to indemnify us without our prior written consent in
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 each case. We will use reasonable efforts to notify you of any such claim, action, or proceeding once
we become aware of it; however, our failure to notify won’t affect your obligations hereunder (except to
the extent that our failure to notify you materially prejudices your ability to defend the claim).

10. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF IMO. EACH OF
THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE
WHICH MAY NOT BE LAWFULLY LIMITED.

A. YOU AGREE THAT THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS,
WITHOUT WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT
YOUR OWN DISCRETION AND RISK (INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU
MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE,
OBJECTIONABLE, OR OTHERWISE INAPPROPRIATE). WE EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE,
THE SAFETY OR SECURITY OF THE SERVICE, OR ANY CONTENT INCLUDED OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE
OF DEALING OR USAGE OF TRADE.

B. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES.

ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT
ARISE FROM THE ACTIONS OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, IF
ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE
EXPERIENCE WITH A THIRD PARTY ON THE SERVICE).

C. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR
DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE
SERVICES OR CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY,
WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, YOU
PAID DIRECTLY TO IMO IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12)
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) $100.

D. IMO AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE
TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SERVICE, COSTS OF
PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
CONTENT, LOSS OF INFORMATION OR DATA, OR ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER
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 BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE
SERVICE OR CONTENT, EVEN IF IMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE.

11. Our Policy Toward Children

Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit, or
store personally identifiable information from, or about children under the age of 13. For that reason, we
ask you to confirm your age when you sign up for the Service by providing an accurate age. If a parent
or guardian becomes aware that his or her child who is under 13 has provided us with personally
identifiable information without his or her consent, he or she may delete the child’s entire account, by
selecting the “Delete imo account” option in the child’s imo app settings or alert us at privacy@imo.im.

12. Governing Law and Venue

These Terms are governed by the laws of the State of California, without to that State’s conflict of laws
provisions. Subject to Section 13 below (Binding Arbitration), for any claim, cause of action, or dispute
that may arise between us and that is not subject to the binding arbitration provisions (i.e., if you
choose to opt out of arbitration under Section 13(d)), you accept the exclusive jurisdiction of the federal
and state courts located in the Northern District of California. The parties expressly exclude application
of the United Nations Convention for the International Sale of Goods to these Terms. Notwithstanding
anything to the contrary in these Terms, we may seek injunctive or other relief in any state, federal, or
national court of competent jurisdiction for any actual or alleged infringement of our or any third party’s
intellectual property and/or proprietary rights. Some countries (including those in the European Union)
have laws that require agreements to be governed by the local laws of the consumer's country and or
require that their substantive laws, including privacy laws, apply. This section does not override those
laws. Notwithstanding the foregoing, the terms related to top-up service herein shall be governed by the
laws of Singapore.

13. Binding Arbitration

A. Informal Negotiation
In the event of any dispute, claim, or cause of action that you may have against us arises out of or
relates to your use of the Service (“Dispute”), you agreed that you will first contact us in writing of the
Dispute at the contact information below (“Notice”). The Notice must describe 1) Your legal name, 2)
Your imo account phone number; 3) the basis and nature of the Dispute; and 4) the specific relief
sought. Upon our receipt of your Notice, the parties will attempt in good faith to informally resolve the
Dispute within 30 calendar days before initiating arbitration proceeding (“Informal Resolution”).

B. Mandatory Arbitration
If the parties are unable to resolve the Dispute through the Informal Resolution process, then you
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 agreed that the Dispute shall be exclusively resolved and settled by confidential binding arbitration
under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and where
applicable and appropriate, the AAA Supplementary Procedure for Consumer Related Disputes
(www.adr.org) The initiating party may decide the arbitration to be conducted in person, online and/or
be based on written submission. In the case of in-person arbitration, then it shall be conducted in
California, Santa Clara County. The language shall be English. Any judgement on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction.

C. No Class Action
THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND IMO AGREE, NO
ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, OR
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING,
AND MAY NOT AWARD CLASS-WIDE RELIEF.

D. Arbitration Opt-Out
You have the right opt out mandatory arbitration by sending us a written notice of your decision to opt
out, within 30 days of the date you first accepted these Terms, to our physical address listed below.
Your written notice
Aboutmust
Us include
Policyyour Contact
imo account
Us phone number, your legal name, country of
residence, and your email address. If you send us a written notice or if this binding arbitration provision
is invalidated, in whole or in part, then the mandatory arbitration provisions in this Agreement will not
apply, and the parties agree that the exclusive jurisdiction and venue described in Section 12 above
shall apply. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY
THE MANDATORY ARBITRATION PROVISIONS IN THESE TERMS.

14. Termination
You may terminate these Terms at any time by closing your account, discontinuing your use of the
Service, and providing us with a notice of termination at the address provided below.

We may close your account, suspend your ability to use certain portions of the Service, and/or ban you
altogether from the Service for any or no reason, without notice or liability of any kind (except as
otherwise expressly provided in Section 2B of these Terms of Service). If we close or suspend your
account for violating these Terms, such closure or suspension shall be deemed a termination with
cause. We may also modify or terminate the imo Service without prior notice.

In the event of termination, whether by you or us, Sections 1, 3, 4, 5, and 9 through 15 of these Terms
of Service will continue in full force and effect, including our right to use Your Content as detailed in
Section 3C.

15. General
We may provide you with notices by email, regular mail, push notifications or communications through
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 the Service. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically (to the email address you provide in your account profile) satisfy any legal
requirement that such communications be in writing.

You will comply with all applicable laws and regulations governing your use of the Service and posting
of Your Content (including, without limitation, all applicable laws governing export control). In particular,
but without limitation, you agree that:

If you are located in a country embargoed by the United States, or are on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce's
Denied Person's List or Entity List, you will not engage in commercial activities on or with imo
(such as making a payment for imo features);

You will not export or re-export the Services or the Mobile App into any United States embargoed
countries where receiving products, services, or software from the United States is prohibited.

By using the Services or the Mobile App, you represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo that prohibits receiving products, services, or
software from the United States, or that has been designated by the U.S. Government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted
parties. You will also not use the Services or the Mobile App for any purpose prohibited by U.S. law,
including, but not limited to the development, design, manufacture or production of missiles, nuclear,
chemical, or biological weapons.

You may not assign, transfer, or sublicense these Terms without our prior written consent. We may
assign, transfer, or sublicense these Terms without restriction, and without notice to you. Any
assignment, transfer, or sublicense attempted in violation of these Terms will be void.

These Terms constitute the entire agreement between you and us regarding your use of the Service,
and supersede any prior or contemporaneous agreements between you and us regarding the Service.
The parties acknowledge that no reliance is placed upon any representation made, but not expressly
contained in these Terms. Our failure to enforce any right or provision of these Terms will not constitute
a waiver of that right or provision on our part.

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, the
remaining portions will remain in full force and effect, and any unenforceable portion will be construed
and enforced in a manner that most closely reflects the intent of the original language.

The parties are independent contractors, and nothing in these Terms is intended to or shall create any
type of joint venture, partnership, employer/employee, fiduciary, or franchise relationship between us.

16. Modifications
We may modify these Terms from time to time. If a change reduces your rights in a meaningful way, we
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 will notify you, such as by mail or a notice when you sign in. Other changes will be posted to our
Policies page, and these Terms of Service will indicate the date of the latest revision. You should check
these Terms of Service on a regular basis. You understand and agree that your continued use of our
Service after any posted modification to these Terms of Service indicates your acceptance of those
modifications.

17. Contact Us
If you have any questions about the Service, these Terms of Service, the Acceptable Use Policy, or the
Privacy Policy, please contact us at privacy@imo.im
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