Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Application refers to the Item mobile application.
- Apple refers Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA.
- Country refers to: United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Item, 2323 Main St, Irvine CA 92614.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Service refers to the Item Website and Application.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to Item, accessible from www.item.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is contingent on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also contingent on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website. The privacy policy informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the service will cease immediately.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.
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To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose.
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Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some, or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall apply to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that is designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Wavier
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You may not access the Service.

The Item app for iOS (the Application) has additional Terms and Conditions.

Acknowledgement
You and the Company acknowledge that these Terms and Conditions are concluded between You and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Application and the content thereof.

Scope of License
The Application is licensed, not sold. This agreement only gives You some rights to use the software. The Company reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Application only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the Application that only allow You to use it in certain ways. You may not work around any technical limitations in the Application; reverse engineer, decompile or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the Application than specified in this agreement or allowed by applicable law, despite this limitation; or publish the Application for others to copy; rent, lease or lend the software; or transfer the Application or this agreement (the Terms and Conditions) to any third-party. You must use the Application on Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

Maintenance and Support
The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms and Conditions, or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty
The Company, and not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.

Product Claims
You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims of You or any third-party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. These Terms and Conditions do not limit the Company’s liability for the Application to You beyond what is permitted by applicable law.

Intellectual Property Rights
You and the Company acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third-party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application, such as wireless data service agreements.


Third-party Beneficiary
You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that, upon Your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary thereof.

Changes in Subscription Pricing
Revision Date: 1/1/2025:
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1. Price Adjustment Policy
We reserve the right to adjust the prices of our annual subscription services. These adjustments may reflect changes in market conditions, cost of providing the service, inflation, or other operational factors.

2. Notification of Price Changes
Any changes to the subscription prices will be communicated to our subscribers through their registered email addresses or via an announcement on our service platform. We are committed to providing a minimum notice period of 30 days before implementing any price change. Normally this will only apply to annual plans.

3. Effect on Current Subscribers
Price adjustments will take effect at the start of the next billing cycle following the notice period. Current subscribers will have the option to cancel their subscription before the commencement of the new billing cycle if they do not wish to accept the new pricing.

4. Guarantee of Service
Despite any changes in pricing, we guarantee the continuation of service quality and access as outlined in your original subscription agreement, barring any unforeseen circumstances as detailed in our Service Continuity section.

5. Questions and Concerns
If you have any questions or concerns regarding this policy or its implications on your subscription, please contact us at sales@item.com.

If you have any questions about these Terms of Service, or any questions, complaints, or claims with respect to the Application, You can contact Item’s support team at:

- By email: support@item.com
- By phone number: (800) 931-5930