Indistinguishable From Magic, Inc. General Terms of Sale
Applicability
Applicability
These general terms of sale (the “Terms & Conditions”) apply to purchases by you from Indistinguishable From Magic, Inc. (the “Company” or “IFM”) of products, services and/or software made by or on behalf of, and IFM, including its proprietary product the “IF Magic Platform,” which includes the IF Magic “The Device,” the incorporated software and the IF Magic modules.
These general terms of sale (the “Terms & Conditions”) apply to purchases by you from Indistinguishable From Magic, Inc. (the “Company” or “IFM”) of products, services and/or software made by or on behalf of, and IFM, including its proprietary product the “IF Magic Platform,” which includes the IF Magic “The Device,” the incorporated software and the IF Magic modules.
These Terms & Conditions are as in effect at the time of publication and are subject to change at any time.
These Terms & Conditions are as in effect at the time of publication and are subject to change at any time.
Acceptance of Terms
Acceptance of Terms
These Terms & Conditions govern the sale and/or licensing by IFM of all products and software (each, a “Product”) furnished to you hereunder and subscriptions for services (the “Services”) ordered by you hereunder, whether such sale or licensing is effected by paper-based transactions, via e-mail or other forms of electronic data interchange or electronic commerce, and represents the entire agreement between you and IFM with respect thereto. Your receipt or acceptance of delivery of any Product or Service ordered or purchased hereunder will constitute your acceptance of these terms and conditions. No additions or modifications to these terms and conditions will be binding on IFM unless agreed to by IFM in writing. IFM objects to and rejects other terms and conditions that may be proposed by you or that appear on or are referenced in a purchase order or requisition of yours that are in addition to or otherwise not consistent with these terms and conditions.
These Terms & Conditions govern the sale and/or licensing by IFM of all products and software (each, a “Product”) furnished to you hereunder and subscriptions for services (the “Services”) ordered by you hereunder, whether such sale or licensing is effected by paper-based transactions, via e-mail or other forms of electronic data interchange or electronic commerce, and represents the entire agreement between you and IFM with respect thereto. Your receipt or acceptance of delivery of any Product or Service ordered or purchased hereunder will constitute your acceptance of these terms and conditions. No additions or modifications to these terms and conditions will be binding on IFM unless agreed to by IFM in writing. IFM objects to and rejects other terms and conditions that may be proposed by you or that appear on or are referenced in a purchase order or requisition of yours that are in addition to or otherwise not consistent with these terms and conditions.
Eligibility
Eligibility
Purchases for Products or Services through this website are available only to (1) persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions, or (2) in their discretion, their minor child over the age of 13. If you are a minor over the age of 13, your parent or guardian must complete the purchasing process, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will Products or Services made available through this website be available to minors under the age of 13. By registering for an IFM account or otherwise purchasing any Products or Services, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions and are either accepting these Terms of Sale on behalf of yourself or your child.
Purchases for Products or Services through this website are available only to (1) persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions, or (2) in their discretion, their minor child over the age of 13. If you are a minor over the age of 13, your parent or guardian must complete the purchasing process, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will Products or Services made available through this website be available to minors under the age of 13. By registering for an IFM account or otherwise purchasing any Products or Services, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions and are either accepting these Terms of Sale on behalf of yourself or your child.
Price
Price
All prices published by IFM may be changed at any time without notice. All prices quoted by IFM in a writing apart from our website, app or ecommerce sites are valid for 30 days, unless otherwise stated in writing. All prices for Products posted on our website, app or ecommerce sites are subject to change at any time without notice.
All prices published by IFM may be changed at any time without notice. All prices quoted by IFM in a writing apart from our website, app or ecommerce sites are valid for 30 days, unless otherwise stated in writing. All prices for Products posted on our website, app or ecommerce sites are subject to change at any time without notice.
Subscription and Payment Terms
Subscription and Payment Terms
Subscription Terms
Subscription Terms
IFM Products are sold only in connection with subscriptions for related Services (the “Subscriptions”). Subscriptions are offered on a month-to-month (with a 3-month minimum), annual or other basis as may be set forth on the IFM website from time-to-time. Currently a Subscription includes access to our APIs and Tools, full access to the no-code logic interface and data-streaming capabilities on our app, ability to download our embedded updates, and a kit with one IF Magic Platform, including an IF Magic “The Device,” a 45 dollar credit worth of modules, a USB-C to USB charging cable, and a charging block. Additionally, during such time as you have an active Subscription you may purchase additional IF Magic Platforms, sensor modules and other accessories. Terms of such Subscriptions may be changed by IFM at any time as reflected on the IFM website from time-to-time.
IFM Products are sold only in connection with subscriptions for related Services (the “Subscriptions”). Subscriptions are offered on a month-to-month (with a 3-month minimum), annual or other basis as may be set forth on the IFM website from time-to-time. Currently a Subscription includes access to our APIs and Tools, full access to the no-code logic interface and data-streaming capabilities on our app, ability to download our embedded updates, and a kit with one IF Magic Platform, including an IF Magic “The Device,” a 45 dollar credit worth of modules, a USB-C to USB charging cable, and a charging block. Additionally, during such time as you have an active Subscription you may purchase additional IF Magic Platforms, sensor modules and other accessories. Terms of such Subscriptions may be changed by IFM at any time as reflected on the IFM website from time-to-time.
Charges
Charges
Prices for the Products and Services, including the Subscriptions, exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Product covered hereby, all of which taxes and duties must be paid by you. Taxes are calculated based on your location at the time your IFM order was finalized. Connecting to the Internet via a corporate or other private network that masks your location when subscribing may cause charges to be different from those displayed for your actual location. If you claim any exemption, you must provide a valid, signed certificate or letter of exemption for each jurisdiction for which you make such an exemption claim. All payments shall be made in U.S. Dollars.
Prices for the Products and Services, including the Subscriptions, exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Product covered hereby, all of which taxes and duties must be paid by you. Taxes are calculated based on your location at the time your IFM order was finalized. Connecting to the Internet via a corporate or other private network that masks your location when subscribing may cause charges to be different from those displayed for your actual location. If you claim any exemption, you must provide a valid, signed certificate or letter of exemption for each jurisdiction for which you make such an exemption claim. All payments shall be made in U.S. Dollars.
Billing
Billing
If you purchase any available Subscription plan, or any other Services that IFM offers for a fee, either on a one-time or subscription basis (collectively, “Member Services”), you agree to IFM’s payment processor, Stripe, storing your payment information. You also agree to pay the applicable fees for your Subscription or other Member Services (including without limitation, monthly, quarterly or annual charges for any Subscription) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the Subscription period during which you can cancel your Subscription. If you purchase a Subscription, you agree to recurring payments on your Stripe account.
If you purchase any available Subscription plan, or any other Services that IFM offers for a fee, either on a one-time or subscription basis (collectively, “Member Services”), you agree to IFM’s payment processor, Stripe, storing your payment information. You also agree to pay the applicable fees for your Subscription or other Member Services (including without limitation, monthly, quarterly or annual charges for any Subscription) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the Subscription period during which you can cancel your Subscription. If you purchase a Subscription, you agree to recurring payments on your Stripe account.
1. Billing. By providing Stripe with a payment method, you (i) represent that you are authorized to use the payment method you provided; (ii) authorize IFM to charge you for the Services during the term of your Subscription; and (iii) authorize IFM to charge you for any additional IF Magic Platforms and accessories you may elect to purchase. We may charge you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for Subscriptions. We will charge you at the time of your order for the full amount of your initial Subscription, but actual delivery of the IF Magic Platform(s) and related Products and accessories you ordered may be delayed for a significant period (ie, 10 weeks or more) depending on the inventories we have in stock at the time you place your order. In the event of any such delay your initial subscription period will not start until such time as we shipped your order to you. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
1. Billing. By providing Stripe with a payment method, you (i) represent that you are authorized to use the payment method you provided; (ii) authorize IFM to charge you for the Services during the term of your Subscription; and (iii) authorize IFM to charge you for any additional IF Magic Platforms and accessories you may elect to purchase. We may charge you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for Subscriptions. We will charge you at the time of your order for the full amount of your initial Subscription, but actual delivery of the IF Magic Platform(s) and related Products and accessories you ordered may be delayed for a significant period (ie, 10 weeks or more) depending on the inventories we have in stock at the time you place your order. In the event of any such delay your initial subscription period will not start until such time as we shipped your order to you. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
2. Recurring Payments. Because you are purchasing the Services on a subscription basis (e.g., monthly, every 3 months, annually or otherwise), you agree that you are authorizing recurring payments, and payments will be made to IFM by the method and at the recurring intervals you have agreed to, until your Subscription is terminated by you or by IFM. You must cancel your Subscription before the next billing date to stop being charged to continue your Subscription.
2. Recurring Payments. Because you are purchasing the Services on a subscription basis (e.g., monthly, every 3 months, annually or otherwise), you agree that you are authorizing recurring payments, and payments will be made to IFM by the method and at the recurring intervals you have agreed to, until your Subscription is terminated by you or by IFM. You must cancel your Subscription before the next billing date to stop being charged to continue your Subscription.
3. Online Statements and Errors. Stripe will provide you with an invoice each time we process a payment. This is the only invoice or other billing statement that we provide. If we make an error on your invoice, you must tell us within 90 days after the error first appears. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If IFM has identified a billing error, we will correct that error within 90 days.
3. Online Statements and Errors. Stripe will provide you with an invoice each time we process a payment. This is the only invoice or other billing statement that we provide. If we make an error on your invoice, you must tell us within 90 days after the error first appears. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If IFM has identified a billing error, we will correct that error within 90 days.
4. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that IFM has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
4. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that IFM has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
5. Cancelling the Services. You may cancel your Subscription at any time, with or without cause, but your cancellation will not result in a refund of any charges for any remaining Subscription period for which you have already paid. Cancelling your Subscription stops future charges to continue the Service. To cancel the Subscription you should click the “Manage Account” button under the “Create” tab of the IF Magic website and log in. On your account page, click the “Manage Subscription” button. This button will take you to the Stripe account management page. You will be prompted to login with the email associated with your IF Magic account. You will then receive an email from Stripe with a login link. Click the link and it will open your account dashboard in Stripe. In the top right corner there is a “cancel plan” button - click that button and click the purple “cancel subscription” button to confirm. If you cancel, your access to the Services ends at the end of your current Subscription period. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your Subscription. We may suspend or cancel your access to the Service if we do not receive an on-time, full payment from you. Your cancellation of your Subscription or suspension or cancellation of the Service for non-payment may result in your also losing access to the APIs and Tools, no-code logic interface (on the app), data streaming capabilities (on the app), and updates that come with the subscription on the effective date of the cancellation or suspension.
5. Cancelling the Services. You may cancel your Subscription at any time, with or without cause, but your cancellation will not result in a refund of any charges for any remaining Subscription period for which you have already paid. Cancelling your Subscription stops future charges to continue the Service. To cancel the Subscription you should click the “Manage Account” button under the “Create” tab of the IF Magic website and log in. On your account page, click the “Manage Subscription” button. This button will take you to the Stripe account management page. You will be prompted to login with the email associated with your IF Magic account. You will then receive an email from Stripe with a login link. Click the link and it will open your account dashboard in Stripe. In the top right corner there is a “cancel plan” button - click that button and click the purple “cancel subscription” button to confirm. If you cancel, your access to the Services ends at the end of your current Subscription period. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your Subscription. We may suspend or cancel your access to the Service if we do not receive an on-time, full payment from you. Your cancellation of your Subscription or suspension or cancellation of the Service for non-payment may result in your also losing access to the APIs and Tools, no-code logic interface (on the app), data streaming capabilities (on the app), and updates that come with the subscription on the effective date of the cancellation or suspension.
6. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least [15] days before the price change is effective. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Subscription , that price will remain in force for the fixed term.
6. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least [15] days before the price change is effective. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Subscription , that price will remain in force for the fixed term.
Delivery
Delivery
The Products will be shipped to the destination specified by you, F.O.B. IFM’s shipping point. All shipping dates are approximate only, and IFM will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond IFM’s reasonable control.
The Products will be shipped to the destination specified by you, F.O.B. IFM’s shipping point. All shipping dates are approximate only, and IFM will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond IFM’s reasonable control.
IFM reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
IFM reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
If there is a delay in shipping any Product due to any cause beyond IFM’s reasonable control, IFM reserves the right to terminate your order or to reschedule the shipment within a reasonable period of time, and you will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Product as to which delivery is delayed due to any cause within your control may be placed in storage by IFM at your risk and expense and for your account. Orders in process may be canceled only with IFM’s written consent and upon payment of IFM’s cancellation charges. Orders in process may not be changed except with IFM’s written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price therefore.
If there is a delay in shipping any Product due to any cause beyond IFM’s reasonable control, IFM reserves the right to terminate your order or to reschedule the shipment within a reasonable period of time, and you will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Product as to which delivery is delayed due to any cause within your control may be placed in storage by IFM at your risk and expense and for your account. Orders in process may be canceled only with IFM’s written consent and upon payment of IFM’s cancellation charges. Orders in process may not be changed except with IFM’s written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price therefore.
No Returns
No Returns
All sales are final. Neither you nor any end users may return a Product to IFM except as expressly permitted by IFM’s standard limited warranty, which is set forth below. Credit will not be allowed for Product returned without the prior written consent of IFM.
All sales are final. Neither you nor any end users may return a Product to IFM except as expressly permitted by IFM’s standard limited warranty, which is set forth below. Credit will not be allowed for Product returned without the prior written consent of IFM.
Title and Risk of Loss
Title and Risk of Loss
Title to and risk of loss of any physical Product will pass to you upon delivery of possession of such Product by IFM to the carrier.
Title to and risk of loss of any physical Product will pass to you upon delivery of possession of such Product by IFM to the carrier.
Title to Software and Intellectual Property
Title to Software and Intellectual Property
You will need to use software programs in your Product (the “Product Software”) to use or have full access to certain features of the Product. You are required to accept and use the software included in your Product at the time of purchase and other software programs that may be delivered to your Product by IFM from time to time. The terms of such use are governed by the applicable End User License Agreement for the Product Software (the “EULA”), which can be found at https://ifmagic.io/legal/eula-product-software, to which EULA you must agree prior to installation and use of such Product Software. The Company and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Product and certain intellectual property rights in the Product. We and/or our affiliates also retain ownership of all IFM copyrights and trademarks. In the case of third-party software delivered by the Company and/or its subsidiaries and affiliates to the Product, the applicable third party retains title to and ownership of its software, copyrights, and trademarks.
You will need to use software programs in your Product (the “Product Software”) to use or have full access to certain features of the Product. You are required to accept and use the software included in your Product at the time of purchase and other software programs that may be delivered to your Product by IFM from time to time. The terms of such use are governed by the applicable End User License Agreement for the Product Software (the “EULA”), which can be found at https://ifmagic.io/legal/eula-product-software, to which EULA you must agree prior to installation and use of such Product Software. The Company and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Product and certain intellectual property rights in the Product. We and/or our affiliates also retain ownership of all IFM copyrights and trademarks. In the case of third-party software delivered by the Company and/or its subsidiaries and affiliates to the Product, the applicable third party retains title to and ownership of its software, copyrights, and trademarks.
You will not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the Product or the software used in connection with the Product (collectively, “Reverse Engineering”), all of which is strictly prohibited. If enforcement of the foregoing is prohibited by applicable law, you may engage in Reverse Engineering solely to obtain information necessary to achieve interoperability with the Product and Product Software, or as otherwise permitted by applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information: and (b) you first requested such information from IFM and we failed to make such information available under reasonable terms. If you use the Product or install any Product Software or related applications on your home computer or cellular phone the terms of such use are governed by the End User License Agreement for the Product Software, which can be found at https://ifmagic.io/legal/eula-product-software, to which EULA you must agree prior to installation.
You will not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the Product or the software used in connection with the Product (collectively, “Reverse Engineering”), all of which is strictly prohibited. If enforcement of the foregoing is prohibited by applicable law, you may engage in Reverse Engineering solely to obtain information necessary to achieve interoperability with the Product and Product Software, or as otherwise permitted by applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information: and (b) you first requested such information from IFM and we failed to make such information available under reasonable terms. If you use the Product or install any Product Software or related applications on your home computer or cellular phone the terms of such use are governed by the End User License Agreement for the Product Software, which can be found at https://ifmagic.io/legal/eula-product-software, to which EULA you must agree prior to installation.
Open source software
Open source software
Certain components of the software for the Product are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions in the immediately preceding section of these Terms & Conditions. You are free to use, modify, and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.
Certain components of the software for the Product are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions in the immediately preceding section of these Terms & Conditions. You are free to use, modify, and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.
Limited Warranty
Limited Warranty
Only the applicable sales conditions, the descriptions, characteristics, features, presentations and price that we publish and directly present on our website or app, will be regarded as constituting the description of the Product. You are fully responsible for verifying whether Product, as described in the above-mentioned published materials, meet your needs and intended use.
Only the applicable sales conditions, the descriptions, characteristics, features, presentations and price that we publish and directly present on our website or app, will be regarded as constituting the description of the Product. You are fully responsible for verifying whether Product, as described in the above-mentioned published materials, meet your needs and intended use.
IFM warrants that the physical IFM Product will be free from defects in material and workmanship for a period of one (1) year from the date of purchase (the “Limited Warranty”).
IFM warrants that the physical IFM Product will be free from defects in material and workmanship for a period of one (1) year from the date of purchase (the “Limited Warranty”).
All warranties, if any, for the Product Software are contained in the EULA.
All warranties, if any, for the Product Software are contained in the EULA.
Scope of Limited Warranty
Scope of Limited Warranty
This Limited Warranty applies only to IFM-branded Products purchased directly from IFM.
This Limited Warranty applies only to IFM-branded Products purchased directly from IFM.
Warranty Procedures and Remedies
Warranty Procedures and Remedies
During the applicable warranty period, if you are unable to resolve a product problem for a physical Product and IFM determines the Product is or may be defective, a Return Material Authorization (RMA) will be issued to you. Following receipt of an RMA number, you shall return the product to IFM, freight prepaid. Upon verification of warranty, IFM will, at its option, repair or replace the product and return it to you freight prepaid. If the product is not under warranty, you may have IFM repair the unit on a fee basis or return it. No services are handled at your site under this Limited Warranty unless IFM otherwise determines in its sole discretion.
During the applicable warranty period, if you are unable to resolve a product problem for a physical Product and IFM determines the Product is or may be defective, a Return Material Authorization (RMA) will be issued to you. Following receipt of an RMA number, you shall return the product to IFM, freight prepaid. Upon verification of warranty, IFM will, at its option, repair or replace the product and return it to you freight prepaid. If the product is not under warranty, you may have IFM repair the unit on a fee basis or return it. No services are handled at your site under this Limited Warranty unless IFM otherwise determines in its sole discretion.
Warranty Periods
Warranty Periods
The Limited Warranty period for a Product starts on the date of purchase from IFM. You may be required to provide a proof of purchase as a condition of receiving a warranty service.
The Limited Warranty period for a Product starts on the date of purchase from IFM. You may be required to provide a proof of purchase as a condition of receiving a warranty service.
Warranty Exclusions
Warranty Exclusions
No warranty will apply if the Product (1) has been altered, except by IFM; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by IFM in the applicable product documentation [add link]; (3) has been used in violation of the license granted by IFM; or (4) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. The Limited Warranty does not extend to any damages, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-IFM furnished equipment or software with products; or (3) failure to implement all new updates to the Product Software.
No warranty will apply if the Product (1) has been altered, except by IFM; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by IFM in the applicable product documentation [add link]; (3) has been used in violation of the license granted by IFM; or (4) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. The Limited Warranty does not extend to any damages, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-IFM furnished equipment or software with products; or (3) failure to implement all new updates to the Product Software.
Disclaimer
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, IFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, IFM DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, IFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, IFM DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
Limitation of Liability
Limitation of Liability
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT AS SET FORTH ABOVE.
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT AS SET FORTH ABOVE.
IN NO EVENT WILL IFM OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IFM OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. IN ADDITION, IFM SHALL NOT BE LIABLE FOR YOUR OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO IFM, WHETHER UNDER WARRANTY OR NOT.
IN NO EVENT WILL IFM OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IFM OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. IN ADDITION, IFM SHALL NOT BE LIABLE FOR YOUR OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO IFM, WHETHER UNDER WARRANTY OR NOT.
General
General
The laws of the State of New York, USA, govern this Limited Warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you.
The laws of the State of New York, USA, govern this Limited Warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you.
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.
Indemnification
Indemnification
You shall indemnify, defend and hold harmless IFM and its officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) to the extent arising from or in connection with (1) the negligence or willful misconduct of you, your agents, employees, representatives or contractors; (2) use of a Product in combination with equipment or software not supplied by IFM where the Product itself would not be infringing; (3) use of a Product in an application or environment for which it was not designed; or (4) modifications of a Product by anyone other than IFM without IFM’s prior written approval.
You shall indemnify, defend and hold harmless IFM and its officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) to the extent arising from or in connection with (1) the negligence or willful misconduct of you, your agents, employees, representatives or contractors; (2) use of a Product in combination with equipment or software not supplied by IFM where the Product itself would not be infringing; (3) use of a Product in an application or environment for which it was not designed; or (4) modifications of a Product by anyone other than IFM without IFM’s prior written approval.
Limitation of Liability
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF IFM UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE THERETOFORE PAID BY YOU TO IFM WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL IFM BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER IFM (1) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) IS NEGLIGENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF IFM UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE THERETOFORE PAID BY YOU TO IFM WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL IFM BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER IFM (1) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) IS NEGLIGENT.
Export Restrictions
Export Restrictions
You acknowledge that each Product and any related Product Software and technology, including technical information supplied by IFM or contained in documents (collectively “Items”), may be subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. You shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. You shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (1) export or re-export any Product, or (2) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. You shall cooperate fully with IFM in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold IFM harmless from, or in connection with, any violation of this Section by you or its employees, consultants, agents, or customers.
You acknowledge that each Product and any related Product Software and technology, including technical information supplied by IFM or contained in documents (collectively “Items”), may be subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. You shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. You shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (1) export or re-export any Product, or (2) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. You shall cooperate fully with IFM in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold IFM harmless from, or in connection with, any violation of this Section by you or its employees, consultants, agents, or customers.
Miscellaneous
Miscellaneous
(1) The construction, interpretation, and performance of these terms and all transactions under it shall be governed by the laws of the State of New York, USA. You agree that any action relating to this Agreement shall be instituted and prosecuted in a federal or state court of competent jurisdiction located in New York County, New York (“NY Courts”) and each party waives its right to a change of jurisdiction or venue. You hereby submit and consent to the exclusive jurisdiction of the NY Courts in any action arising out of or relating to these terms of sale and waives any other venue to which it may be entitled by domicile or otherwise and agrees not to bring any action except in the foregoing NY Courts.
(1) The construction, interpretation, and performance of these terms and all transactions under it shall be governed by the laws of the State of New York, USA. You agree that any action relating to this Agreement shall be instituted and prosecuted in a federal or state court of competent jurisdiction located in New York County, New York (“NY Courts”) and each party waives its right to a change of jurisdiction or venue. You hereby submit and consent to the exclusive jurisdiction of the NY Courts in any action arising out of or relating to these terms of sale and waives any other venue to which it may be entitled by domicile or otherwise and agrees not to bring any action except in the foregoing NY Courts.
(2) In the event of any legal proceeding between the IFM and you relating to these terms of sale, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury.
(2) In the event of any legal proceeding between the IFM and you relating to these terms of sale, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury.
(3) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
(3) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
(4) If any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain.
(4) If any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain.
(5) IFM’s failure to enforce, or IFM’s waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision.
(5) IFM’s failure to enforce, or IFM’s waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision.
(6) IFM shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond IFM’ reasonable control, including, but not limited to, delay in transportation or delay in delivery by IFM’s vendors.
(6) IFM shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond IFM’ reasonable control, including, but not limited to, delay in transportation or delay in delivery by IFM’s vendors.
(7) The terms and conditions set forth herein constitute the entire agreement between IFM and you. IFM’s offer to sell Products and Services is expressly limited to the terms stated herein. IFM shall not be bound by any terms of your order which add to, modify, or are in any way different from the terms set forth in this document.
(7) The terms and conditions set forth herein constitute the entire agreement between IFM and you. IFM’s offer to sell Products and Services is expressly limited to the terms stated herein. IFM shall not be bound by any terms of your order which add to, modify, or are in any way different from the terms set forth in this document.
Revision Date
Revision Date
This Agreement was last revised on November 8, 2023.
This Agreement was last revised on November 8, 2023.
Copyright © 2023 Indistinguishable From Magic, Inc. All Rights Reserved.
Copyright © 2023 Indistinguishable From Magic, Inc. All Rights Reserved.
Indistinguishable From Magic
Seamlessly connect the physical world to the digital
© 2026 Indistinguishable From Magic Inc.
Platform
Solutions
Resources
Indistinguishable From Magic
Seamlessly connect the physical world to the digital
© 2026 Indistinguishable From Magic Inc.
Platform
Solutions
Resources