These Terms of Service (the “Terms”) are a binding agreement between you and MobileyMe, Inc. (“MobileyMe”, “We”, or “Us”) governing your use of the MobileyMe website (https://mobileyme.com/), the MobileyMe mobile application, and any related services we own, control, or offer (collectively, the “Services”). By creating an account, downloading the app, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Service Description
MobileyMe provides a virtual phone service. Depending on your platform and subscription, the Services include:
- Real-number VoIP calling — make and receive calls using your real phone number from a supported device;
- Cloud data access — access your backed-up data (such as contacts) from the cloud;
- Remote lock, locate, and wipe — remotely lock, locate, or wipe a lost or stolen device;
- Wipe-on-logout — your data is removed from a borrowed or secondary device when you log out;
- Cross-platform availability — use the Services across supported platforms.
We may modify, add, or discontinue features of the Services. Feature availability may differ by platform, device, operating-system version, and subscription tier.
2. Accounts & Eligibility
You must create an account to use the Services. You agree to provide accurate information, keep your credentials confidential, and notify us of any unauthorized use of your account. You are responsible for all activity under your account.
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create an account and agree to these Terms. If you are between 13 and 18, you may use the Services only if a parent or legal guardian creates or authorizes the account and agrees to these Terms on your behalf. The Services are not directed to children under 13.
3. Subscriptions & Billing
Portions of the Services require a paid subscription. Subscriptions are purchased and billed through the Apple App Store or Google Play, at the prices listed in the applicable store at the time of purchase. Billing, renewal, cancellation, and refunds are handled by the applicable store under its terms; subscriptions renew automatically unless cancelled through your store account settings before the end of the current period. We do not process payments directly and do not store your payment card details.
4. Acceptable Use
You agree not to use the Services to:
- violate any applicable law or regulation;
- harass, threaten, defraud, or impersonate any person, or place unlawful calls (including spoofing, robocalling, or unsolicited commercial calls in violation of applicable telemarketing laws);
- access another person's account, device, or data without authorization, including misuse of remote lock/locate/wipe features against a device or account you do not own or control;
- interfere with, disrupt, probe, or circumvent the security of the Services;
- reverse engineer, decompile, or create derivative works of the Services except as permitted by law;
- resell, rent, or provide the Services to third parties without our written consent.
We may suspend or terminate accounts that violate this section.
5. Emergency Calling — Important Limitation
MOBILEYME IS NOT A REPLACEMENT FOR TRADITIONAL PHONE SERVICE AND DOES NOT SUPPORT 911 OR OTHER EMERGENCY CALLING. Calls placed through the Services are internet-based (VoIP) and cannot be used to reach 911, emergency services, or emergency dispatchers, and do not transmit your location to emergency responders. The Services also depend on your device, battery, and internet connection, and will be unavailable during power, device, or network outages. You must maintain an alternative means of placing emergency calls (such as a mobile carrier line or landline), and you acknowledge and accept these limitations by using the Services.
6. Intellectual Property
The Services, including all software, designs, trademarks, and content provided by MobileyMe, are owned by MobileyMe, Inc. or its licensors and are protected by intellectual-property laws, including granted patents (US 10,868,902 B2; US 11,601,540 B2; CA 3,088,798 C). We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms. No other rights are granted. You retain ownership of your own data and content.
7. Privacy
Our collection and use of your information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you also agree to the Privacy Policy.
8. Disclaimers & Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or secure. In particular, the outcome of remote lock, locate, and wipe commands depends on the device's power, network connectivity, operating system, and platform conditions outside our control, and we do not guarantee that any such command will succeed, or that a last-known location will be current or accurate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILEYME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL — ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; to that extent, portions of the above may not apply to you, and you may have additional rights under the laws of your state or country. Nothing in these Terms limits liability that cannot be limited under applicable law.
9. Termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, your license to use the Services ends; provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and governing law) survive termination. Cancellation of paid subscriptions is handled through the applicable app store (Section 3).
10. Governing Law & Disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of those courts. Before filing any claim, you agree to first contact us at support@mobileyme.com and give us thirty (30) days to attempt to resolve the dispute informally.
11. Changes to These Terms
We may update these Terms from time to time. Changes will be effective upon posting to this page with an updated effective date; material changes may be notified through the Services. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.