TERMS OF SERVICE

Last modified: November 11, 2020
These terms of services apply to your use of our mobile phone app known as ‘missed™’ and the related services (collectively “App”). The App is owned and provided by Integrated Telecom Solutions, Inc., d/b/a Inovar® (“Inovar”), located at 12655 North Central Expressway, Suite 900, Dallas, Texas, United States.

By downloading missed™, you are agreeing to these terms. Please read them carefully.

Your Use of the App

You must follow any policies made available to you within the App.

Don’t misuse the App. For example, don’t interfere with the App or try to access it using a method other than the interface and the instructions that we provide. You may use the App only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the App to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using the App does not give you ownership of any intellectual property rights in the App or the content you access. You may not use content from the App unless you obtain written permission from Inovar or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the App. Don’t remove, obscure, or alter any legal notices displayed in or along with the App.

In connection with your use of the App, we may send you announcements, administrative messages, and other information. You may not always be able to opt out of some of these communications.

Since the App is made available on mobile devices, do not use the App in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Content in the App

To the extent any of your content is contained within the App, you retain ownership of any property rights that you hold in that content. In short, what belongs to you stays yours.

With respect to any of your content contained within the App, you give Inovar (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the App), from such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the App, and to develop new ones. This license continues even if you stop using the App. Make sure you have the necessary rights to grant us this license for any content that you submit to the App.

About Software in the App

The App requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. The App may let you adjust your automatic update settings.

Inovar gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Inovar as part of the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by Inovar, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the App or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Some software used in the App may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating the App

We are constantly changing and improving the App. We may add or remove functionalities or features, and we may suspend or stop the App altogether.

You can stop using the App at any time. Inovar may also stop providing App to you without advance notice, or add or create new limits to the App at any time again without advance notice.

Our Warranties and Disclaimers

We provide the App using a commercially reasonable level of skill and care. But there are certain things that we don’t promise about the App.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER INOVAR NOR ITS SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE APP. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE APP, THE SPECIFIC FUNCTIONS OF THE APP, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APP “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for the App

WHEN PERMITTED BY LAW, INOVAR, AND INOVAR’S SUPPLIERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INOVAR AND ITS SUPPLIERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP.

IN ALL CASES, INOVAR AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE

Business uses of the App

If you are using the App on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Inovar and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the App or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms at any time to, for example, reflect changes to the law or changes to the App. You should review the terms regularly. The changes to these terms when made will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the App.

These terms control the relationship between Inovar and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any of the other terms.

The laws of Texas, USA, excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the App. All claims arising out of or relating to these terms or the App will be litigated exclusively in the federal or state courts of Dallas County, Texas, USA, and you and Inovar consent to personal jurisdiction in those courts.

For information about how to contact Inovar, please click here to send us an email.