THE TERM evoiphone AS USED IN THIS AGREEMENT SHALL INCLUDE evoiphone,IMCTELECOM, CALLBACKGURUS AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS, AND FOR THE PURPOSES OF SECTION 9 AND 10 ONLY ALSO INCLUDES ANY OTHER SERVICE PROVIDER, THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy.

evoiphone may change this Agreement by posting a new version without notice to you. Some product updates and upgrades are mandatory and will be so indicated. It is your responsibility to frequently review our posted terms of service available on our website. If you do not agree to such changes, you are deemed to have received notice of termination and must comply with section 8 of this Agreement.

1. PERMITTED USE
   By accepting the terms of this Agreement, you represent to evoiphone that you are at least 18 years old and evoiphone hereby grants to you a worldwide, personal, non-transferable, non-sublicenseable and non-exclusive right to use the Service/Software, solely in object code format, solely for your own personal purposes, solely on a single cellphone/computer at any one time, solely in its supported form and solely with evoiphone's service. This Agreement defines legal use of the Service/Software, all updates and revisions.
2. RESTRICTIONS ON USE
   You agree that you will not: (a) use the Service/Software except as authorized herein; and (b) permit third parties to use the Service/Software in any way that would constitute breach of this Agreement. You further agree to keep confidential the user id, passwords and all other personal access information associated with your account, which are provided for your sole use. You hereby accept responsibility for all activity performed by you or anyone using your access information with or without your authorization. THE SERVICE/SOFTWARE IS PROVIDED FOR PERSONAL USE ONLY AND NOT AVAILABLE FOR BUSINESS USE, TELEMARKETING, CALL CENTERS, CONFERENCE CALLING, OR WITH OTHER PHONE RELATED SERVICES. ANY COMMERCIAL USE OF THE SERVICE/SOFTWARE IS FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION OF THE SERVICE AT THE SOLE DISCRETION OF evoiphone. USAGE PATTERNS INCONSISTENT WITH PERSONAL USE AS DETERMINED SOLELY BY evoiphone WILL BE DEEMED COMMERCIAL USE. (c) You agree that access to certain free conferencing, chat room and broadcast sites located in rural parts of Iowa, Missouri and Minnesota or in any other places may not be available.
3. ACCESSING 911 SERVICE.
   YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE/SOFTWARE DOES NOT SUPPORT TRADITIONAL 911 EMERGENCY SERVICES. YOU AGREE TO NOTIFY ANY USER WHO MAY PLACE CALLS USING THE SERVICE, INCLUDING HOUSEHOLD RESIDENTS AND GUESTS WHO MAY BE PRESENT IN YOUR HOUSEHOLD, THAT 911 AND E911 DIALING IS NOT POSSIBLE. WE RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING EMERGENCY SERVICES.
4. OWNERSHIP AND COPYRIGHT.
   evoiphone is the owner of all intellectual property rights in the Service/Software, related written materials, logos, names and other support materials furnished with the Software. No title to the intellectual property in the Service/Software is transferred to you by this Agreement and all rights not expressly granted herein are reserved by evoiphone.
5. USAGE.
   The call back service will enable you to call in to a designated telephone number where you will receive a busy signal. You will then terminate the call by hanging up. You will receive a call back after 4-8 seconds, and when you answer the call back you will hear a dial tone where you will be able enter the number that you want to call according to the plan that you have subscribed. After dialing the number that you want to call you agree that you will not press the send or # key or any other key that is not part of the number that you want to call. All users who are not a part of a evoiphone fee-based service and do not use their user id for a period of sixty (60) days, determined at evoiphone's sole discretion, will have their user id cancelled. You must re-register with evoiphone to resume using the service. evoiphone accepts no responsibility or liability for the deletion or failure to store any related information. The service is for personal use only. The service is not to be use in a call center.
6. BILLING AND PAYMENT.
   You agree to provide CALLBACKGURUS/IMCTELECOM/evoiphone valid and accurate payment information and keep this information up-to-date through the "Client Info" area on our website. You must use one of our methods of payment for all fees and purchases. You are responsible for all charges incurred under your account, including all purchases applicable taxes, fees, and surcharges to your account made by you or anyone else. The method of billing is via monthly/bimonthly cycle/prepaid accounts. Annual rate subscriptions will billed once a year in advance. Usage based charges will be charged against your remaining balance. You will be notified when your remaining balance is nearing zero. All charges will be billed to your designated method of payment. You authorize CALLBACKGURUS/IMCTELECOM/evoiphone to charge your selected payment method for the full amount of these charges. In the event we do not receive payment from your designated payer you agree to pay all amounts due upon demand by CALLBACKGURUS/IMCTELECOM/evoiphone. You agree that you are responsible for all charges incurred prior to and including the date of membership cancellation or termination. Late payments will incur a fee of 18% per year (1.5% per month) charge and Service may be suspended, changed, or terminated at the sole discretion of CALLBACKGURUS/IMCTELECOM/evoiphone. In the event of non-payment, cancellation or termination, all charges including but not limited to, subscription fees, usage-based charges, taxes, interest, purchases, and surcharges will become immediately due and payable.
7. NO WARRANTIES OR CONDITIONS.
   THE SERVICE/SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. evoiphone DOES NOT WARRANT THAT THE SERVICE/SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR FREE. evoiphone DOES NOT REPRESENT THAT THE SERVICE/SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES.
8. TERMINATION.
   This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software or terminating the service by contacting evoiphone, in its entirety from your computer and destroying all back-up copies of the software, and notifying evoiphone of such actions. evoiphone may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by evoiphone shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you of written notice of termination from evoiphone, you shall immediately (a) cease using the Service/Software; (b) destroy all copies of the Software in your possession. You must provide evoiphone with a written confirmation that you have complied with the foregoing, no later then 5 days after termination. The provisions of Sections 2, 3, 4, 6, 9 and 10 herein shall survive termination of this Agreement.
9. LIMITATION OF evoiphone LIABILITY.
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL evoiphone BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST BUSINESS REVENUES, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR BASED ON THE USE OF THE SOFTWARE OR THE SERVICES PROVIDED PURSUANT HERETO, INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR INABILITY TO USE OR ACCESS 911 EMERGENCY SERVICES. In respect of any claim, demand or action arising out of this Agreement against evoiphone, whether based in contract or tort (including negligence), indemnity or otherwise, including a breach by evoiphone of any of its obligations under this Agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from evoiphone payment for actual and direct damages to a maximum aggregate amount equal to the lesser of one month's actual fees (calculated as the average of the previous 3 calendar months usage fees) and $100. These limitations and exclusions apply without regard to whether evoiphone has been advised of the possibility of such damages, if such damages were reasonably foreseeable or if the damages arise from use or inability to use the Software and services, negligence, or any other cause.
10. INDEMNIFICATION.
    You agree to indemnify and hold evoiphone harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement (including those relating to accessing 911 service), your violation of applicable laws, or your violation of any rights of another person or entity.
11. MISCELLANEOUS.
You agree that prices are subject to change without prior notice. You agree that you fully understand how the call back service works. You agree that you have read the Frequently Ask Questions FAQ page of evoiphone. You agree that you have an unlimited incoming calls plan from your Cellular Phone provider. You agree that you will pay a non-refundable fee depending on the plan that you subscribe wether you use the service or not.