Updated Apr 14, 2020
By accessing or using the Itemtopia Services, you agree to be bound to the Terms.
Itemtopia may update these Terms from time-to-time and if you agree or continue to use the Service, you will be deemed to have accepted these changes.
To be eligible to use the Services, you must be at least 13 years old, you must be old enough to enter into a contract with Itemtopia, and you must have a valid email address. You must create an account however user names (when available/applicable) are allocated on a first-come, first-serve basis. Itemtopia reserves the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive.
The Itemtopia Service is growing and evolving based on feedback from our users and we expect new features to arrive throughout the period you use our Service. Based on this feedback, we have been asked to provide a sharing feature which will be forthcoming – and which we intend you to decide what you wish to share, and to whom you decide to share it. This new feature will be strictly up to you to chose to use this option, and an example is to share your data with other people in your family or to your insurance company.
Adding Content within the Itemtopia Services
The information you add to the Service is called “Content”. When you create or add Content to the Itemtopia Services, we store this Content on your local phone/device and we also transmit this data via encrypted transmission to the internet for backup. This is in-case you lose your phone, or it breaks. This allows you to get a new phone, download the app to it, log-in, and the data will sync back to your new phone. Therefore, for us to provide our Service, you give us the right to send your Content to our server and to send this Content back to you so you can use the Service – which further means you give us a non-exclusive, royalty-free, world-wide, perpetual, fully transferable license to use, store, reproduce, adapt (so we can properly present your Content), distribute and display your Content to provide the Itemtopia Services to you.
At any time, you may delete your Content from the Itemtopia Services, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the Itemtopia Services. When you delete Content or your account is terminated, we remove all of your Content from the Itemtopia Services however it may remain in inaccessible backups. If you delete your account or Content, it will be permanently unrecoverable.
When we modify our Services, we reserve the right to limit use of certain features or functions.
User Activity, Actions and Recalls
If you have not logged into your account for some time, we may email you to remind you of your Content on our Service.
Vehicle Recall Information – Do not solely rely on the recall information we provide as this recall data is sourced from databases that collect recall information. Some countries products have different model numbers that others and therefore recalls may not appear when there is a potential recall we are not aware of. You agree to hold Itemtopia harmless for not alerting you to a recall when one may or may not exist.
If you create or use a robot user for our Service (or we think you are a robot user) and you are using our Service to post Content on the Itemtopia Services, or you sign up for multiple accounts, this is not allowed, and we may delete your account without notice.
Property and Restrictions
Itemtopia is presently free for personal use, but at some point may choose to create or invent some paid for service or offer some features or functionality for a fee. If at some point we start to sell something via our Service (nice t-shirts maybe, maybe a pet food bowl), you will see this new Service within the app.
No Children Under 13
You need to be 13 years or older to use the Itemtopia Services. If you’re under 13, please don’t use the Itemtopia Services. If we learn that you or anyone else is under 13 and is using the Itemtopia Services, we will close the child’s account.
Security and Responsible Disclosures
We do our best to protect our service from security vulnerabilities, and to make the Itemtopia Services better.
DMCA Copyright Policy
Itemtopia complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers or delete Content when legally required or if we determine it is appropriate to do so.
If you have any questions, please contact Itemtopia Inc. at email@example.com
Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Other Important Terms which form part of this Agreement
Use Restrictions: The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, (c) you shall not access the Service in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.
No Warranty: THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ITEMTOPIA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.
You understand that Itemtopia is not responsible or liable for, and you hereby release Itemtopia, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with Itemtopia or other Itemtopia Services members, whether those interactions are through the Itemtopia Services or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Itemtopia, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Itemtopia ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Itemtopia’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO Itemtopia DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Itemtopia’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Itemtopia may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.
These terms shall be governed by the laws of our local Canadian province of Ontario incorporated jurisdiction, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Itemtopia has not adhered to these terms, please contact Itemtopia by e-mail at legal@Itemtopia.com. We will do our best to address your concerns.
Itemtopia’s rules and policies do not create a duty or contractual obligation for us to act in any particular manner.
Copyright & Trademark Information
Copyright © 2015-2020, Itemtopia Inc., All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site and Service are our property or the property of a third party. You are not permitted to use these Marks.
Updated April 14, 2020
Your Privacy and Security is Important
Itemtopia Inc., (“Itemtopia”) takes data privacy and security seriously.
Our application collectively herein or singularly is known as “Itemtopia Services”, “Itemtopia” or “Service” or “Services”). “Content” is understood to be something you add to the Service and something we may supply to you.
We are a Service which is designed to help our users maintain information about their things in their life.
Your data is 100% your own. You own it. You added it. You control it. Period. We cannot be more clear other than to say that your data is not available or disclosed or used in any way, other than to provide you this Service, and to make sure that the Service is performing as expected. This means a few things. We must ‘use’ the data to save it and to back it up for you. So, it is used to transmit and store it. Secondly, to save it and back it up, we need to know what your IP address is with the IP adress we also collect what type of device you have. Thirdly, we are here for you – our users, and we are not selling advertising within our Service or collecting your data for any purpose other than for your needs – and to improve our product. We do use this data to determine how you are using our Service, and we aggregate non-personally identifiable data so we can improve the Service for you. An example of how and why we use this information is that if you (or others) create customized expense types or item categories that are similar, we may use that information to make a new features within our Service. Your data is stored on your local device, and for a period of time, it is backed up to a cloud server to ensure there is a copy should you lose your phone.
When you sign up with Facebook, Google, Apple or you use an email address to sign up, we receive identifiable information such as your email address and with some services like Facebook, we also receive your name. If you do not wish to provide your name, sign up directly as your name is not required.
We also collect information if you ask us for assistance with support or to answer your questions.
To understand how our users interact with our Service, Itemtopia uses Google Analytics but you remain anonymous to us and our team with this tool. We do not know who you are.
From time to time we may email you information about Itemtopia that we think is necessary and important. By opening or maintaining an account with Itemtopia, you agree to receive emails as part of your basic service. You can always opt-out of non-administrative emails.
We will only ever share personally identifiable information in these circumstances: (1) if you opt-in to some service we offer and tell us it is OK to do so (2) if we believe that we need to do so to comply with applicable law or legal obligations (3) if, on YOUR BEHALF, we or our partner needs to contract with a third-party service provider to offer services for you — (for example, with a credit card processing company) if you decide to buy something or register something through the Site.
As a Canadian Incorporated entity, we will resist every legal request to access any information and we promise to be fully transparent about requests and to do so publicly by stating how many requests have been made and how many have been successfully concluded.
Data Storage and Deletion of Accounts and Data
Our Service use AWS to store all Content data, and we are proud to say that AWS Global Cloud Infrastructure is the most secure, extensive, and reliable Cloud Computing environment anywhere, on and off the planet. AWS is used by Amazon and is owned by them, and it has the longest-running history for managed cloud services.
We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures designed to help protect your information from unauthorized access, use, or disclosure. Even with AWS, and with 256SSL data encryption on the transmission of any data to or from AWS (similar to a banking or credit card transaction using 256SSL), it is impossible to eliminate every potential security risk associated with internet-accessible information. While the world-class server infrastructure we use is contracted to us by Amazon’s AWS service, you agree not to hold us harmless and not at fault should there be any security failure or disclosure of your data.
We have made it easy for you to delete your data from your account from within the User Settings menu option. This will remove all your Content from our Services. However, backups of your Content remain on our servers until those backups are deleted- but this data is inaccessible for you restart the Service, so please be sure you wish to remove your account before doing so.
Itemtopia and Cookies
A Note to Users Outside of North America
You acknowledge and agree that Itemtopia’s software team and business operations are located in Canada and that our operations do utilize servers located in the United States but our USA based computer servers may also store replicated data in other parts of the world to ensure the most reliable and efficient Service on a global scale. As a result, regardless of where you live, your Content is transferred to and stored in the United States and most certainly Canada, but it may grow to include other countries.
Itemtopia may update this policy from time to time. If you continue to use the Service after the stated effective date, you will be deemed to have accepted the change.
Itemtopia welcomes the assistance of the security community. We especially appreciate help finding vulnerabilities, so if you are a security specialist and find a vulnerability, please let us know right away at firstname.lastname@example.org Please note, however, that while doing your research, you may not destroy or hurt Itemtopia, harm the performance of our services, or violate the privacy of our users, their accounts, and data. As long as you work within the bounds of these rules and our policies, we are grateful for your help. And, we will send you a token of our appreciation with a very cool t-shirt with our logo saying how smart you are.
We welcome your comments or questions regarding this Privacy and Security Policy. Please e-mail us at email@example.com or via our contact page on our website.
We love to hear from our users! If you have feedback or questions, please reach out!