Last updated: 2/14/2022
Welcome to Inteligems® developer of Versational®. Inteligems, Inc. (“Inteligems”, “we”, “our”, or “us”) offers applications and related tools such as Versational (https://app.versational.ai) that improve conversations for remote meetings, sales, product marketing, market research, recruiting, and other uses (the “Service”). Also, Inteligems offers websites, and online extensions including but not limited to www.versational.ai, and www.inteligems.io (the “Websites”).
This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or with Inteligems’ service and features (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”). This Agreement applies to organizations that use our Service (each a “Client”), as well as all visitors, users, and others who access the Service (“Users”).
When you “Sign In” (or similar button, checkbox, or language) or you access or use the Service and Websites, whichever is earlier, you agree that you have read and understood, and, as a condition to your use of Inteligems, the Service, and Websites, you agree to be bound by this Terms of Use, including Inteligems Privacy Policy (together, “Agreement”). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the Service and Websites.
If you accept or agree to these Terms of Service for your employer or another legal entity, you represent and warrant that (i) you have the full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understood these Terms of Service; and (iii) you agree to these Terms of Service for the party that you represent and any permitted users of such party. In such an event, “you” and “your” will refer and apply to your employer or such other legal entity.
Privacy Policy
Your privacy is critical. We created our Privacy Policy to make important disclosures about how you use Inteligems to analyze your work communications, share with others, and how we collect and can use the personally identifiable information (“Personal Data”) you enter on our Service. By agreeing to this Terms of Use Agreement, you acknowledge that you have read and understood our Privacy Policy.
Eligibility
You may use the Service only if you can form a binding contract with Inteligems, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Anyone under 18 is strictly prohibited from using the Service. The Service is not available to any Users previously removed from Inteligems, whether for violation of this Agreement or otherwise.
Intellectual Property Rights
The Service is owned and operated by Inteligems. Except for the rights granted to you under this Agreement, we retain all right, title, and interests in and to the Service, including all related intellectual property rights. The Service and Inteligems are protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service and Inteligems; (b) rent, lease, or sublicense the Service and Inteligems; or (c) circumvent or disable any security or technological features or measures in the Service and Inteligems.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of Inteligems or our third-party licensors, and we reserve all rights to the Materials. You may use the Materials only as expressly permitted by us under these Terms.
We always appreciate your feedback or other suggestions about Inteligems, Service, and Websites, but you understand that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.
User Content
“User Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Service and other users.
You are solely responsible for your User Content. You agree that you are solely responsible for the User Content sent or transmitted by you or displayed or uploaded by you in using the Service and for compliance with all laws applicable to the User Content, including, but not limited to, any laws requiring you to obtain the consent of a third party to use the User Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the User Content to the Service and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Inteligems be liable in any way for any (a) User Content that is transmitted or viewed while using the Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind incurred because of the use of, access to, or denial of access to User Content. Although Inteligems is not responsible for any User Content, Inteligems reserves the right to delete any User Content, at any time without notice to you, if Inteligems becomes aware that it violates any provision of this Agreement or any law. You retain copyright and any other rights you already hold in User Content.
Inteligems and Service act as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that Inteligems:
• Is not involved in the creation or development of User Content.
• Disclaims any responsibility for User Content.
• Cannot be liable for claims arising out of or about User Content.
• Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion.
By making available any User Content through the Service, you hereby grant to Inteligems a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or using the Service. We do not claim any ownership rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You are responsible for compliance with all recording laws. You may choose to record certain meetings in Inteligems. By using the Service, you are giving Inteligems consent to store recordings for any or all Inteligems meetings or webinars that you join, if such recordings are stored in Inteligems’ systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to be recorded, you can choose to leave the meeting.
Your Data
You retain all your right, title, and interest in any data, information, or content that you provide to or via the Service or to us (“Customer Data”). You grant to us a non-exclusive, worldwide, and sublicensable license to use, process, transmit, store, and disclose Customer Data: (a) during the term of this Agreement, to provide the Service to you; and (b) in perpetuity, in an aggregated and de-identified form that neither identifies you as the source of the data nor includes your Confidential Information for our business purposes, including to improve and develop our products and services. We will not sell your Customer Data or share it with any third party except to the extent necessary to provide the Service to you. We may contact the participants of a meeting the Service is invited to who are not existing users of the Service solely to provide the Service, but never for marketing purposes.
We understand that when you use the Service to conduct business, you are trusting us with your information. Any Customer Data that is non-public and proprietary to your business, including your business and marketing plans, technology and technical information, product plans and designs, and business processes, and any recordings or other embodiments of that information created using the Service is your “Confidential Information”. We will use commercially reasonable efforts to prevent any unauthorized use or disclosure of your Confidential Information, including by implementing technical, administrative, and organizational security measures to ensure the security, integrity, and confidentiality of your Confidential Information, and to notify you if we become aware of any unauthorized access or use of your Confidential Information.
License to Your Content
You may be able to record or transmit content using the Service, including content that is accessible by or visible to third parties, such as other users of the Service. This may include messages, images, text, audio content (including voice, sound recordings, and musical works), comments, photos, video (including all sound recordings and musical works embodied therein), or other types of works of authorship (your “User Content”). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, perpetual right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify for formatting for display, and distribute your User Content to provide and improve the Service. You also grant to other users of the Service and any other third parties with whom you share your User Content using the Service a non-exclusive license to access and use your User Content as permitted by the Terms and the functionality of the Service. Except as provided in these Terms, you retain any copyright and other proprietary rights that you may have in your User Content. Additionally, by using the Service to record content, such as all or part of a recorded video call, you authorize us to reproduce and store such content and agree that we do so at your direction.
Deletion of Your Content
We want you to have as much control over your User Content as possible. When you request deletion of any or all of your User Content, we will do our best to immediately and permanently remove it from the Services. However, you acknowledge that: (a) it may take us some time to remove your User Content from the Service, and your User Content may remain accessible or visible to other users during that time; and (b) copies of your User Content may persist on our back-up servers. When you uninstall or otherwise remove the Service from your device, we will permanently delete your User Content and other data provided by you to us, unless we have your consent to retain it.
Safety
We do our best to keep Inteligems and Service safe, but we cannot guarantee it. We need your help to keep Inteligems safe, which includes the following commitments by you:
• You will not collect Users’ content or Personal Data or otherwise access Inteligems, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.• You will not upload viruses, spyware, worms, or other malicious code. You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, defraud, threaten, intimidate, or harass any User.
• You will not post content on Inteligems that: is hate speech, threatening, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
• You will not develop or operate on Inteligems, a third-party application containing alcohol-related, dating, or other mature content.
• You will not violate or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, trade secret, or other proprietary right, or rights of publicity, personality, or privacy.
• You will not use Inteligems to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working or appearance of Inteligems, such as (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; or (v) a denial-of-service attack or interfere rendering, or other Inteligems functionality.
• sell or otherwise transfer your rights under these Terms.
•You will not facilitate or encourage any violations of this Agreement or our policies or assist or permit any person to engage in any of the acts described in this Section.
Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
• You will not post content or act on Inteligems and Service that infringes, misappropriates, or violates someone else’s rights or otherwise violates applicable laws, rules, or regulations.
• We can remove any content or Personal Information you post on Inteligems if we believe that it violates this Agreement or our policies.
• If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate.
• You will not use our artwork, copyrights, or trademarks without our express written consent.
• You will not post anyone’s identification documents or sensitive financial information on Inteligems.
Monitoring
We do not permit copyright-infringing activities on the Service. We are not obligated to: (a) edit or control any User Content; or (b) monitor any User Content or third-party content on the Service or using the Service or any content. However, we may investigate and determine in our sole discretion whether any User Content violates these Terms, and we reserve the right to screen, edit or remove any User Content at any time. You agree that we reserve the right to and may from time to time monitor any User Content. If we choose to monitor any content, we still assume no responsibility or liability for that content or use of that content. During monitoring, information may be examined, recorded, copied, and used under our Privacy Policy.
Digital Millennium Copyright Act
We follow the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about the content posted on the Service, you may contact our designated agent at the following address:
Inteligems Inc.
1887 Whitney Mesa Dr #1420
Henderson, NV 890114-2069.
privacy@inteligems.io
Any notice alleging that content hosted by or distributed through the Service infringes intellectual property rights must include the following information:
• an electronic or physical signature of the person authorized to act for the owner of the copyright or other right being infringed.
• a description of the copyrighted work or other intellectual property that you claim has been infringed.
• a description of the material that you claim is infringing and where it is located on the Service.
• your address, telephone number, and email address.
• a statement by you that you have a good faith belief that using the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will promptly terminate the access (if any) of users that are determined by us to be repeat infringers per our policy.
Inteligems Mobile App Updates and Upgrades
By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Service. The App, including any updates or upgrades, may (i) cause your device to automatically communicate with Inteligems’ servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy, including location information. You can uninstall the App at any time.
Registration and Account Security
Inteligems Users provide their real names and information, and we need your help to keep it that way. You may never use another User’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify Inteligems immediately of any breach of security or unauthorized use of your account. Inteligems will not be liable for any losses caused by any unauthorized use of your account. Here are some commitments you make to us about registering and maintaining the security of your account:
• You will not provide any false Personal Data on Inteligems or create an account for anyone other than yourself.
• You will not misrepresent your identity or affiliation with any entity or organization or impersonate any other person.
• If we disable your account, you will not create another one without our written permission.
• You will not use Inteligems if you are under 18.
• You will not use Inteligems if you are a convicted sex offender.
• You will keep your contact information accurate and up to date.
• You will not let anyone else access your account without your permission or do anything else that might jeopardize the security of your account.
• You will not transfer your account to anyone without first getting our written permission.
• You will make any unsolicited offer or advertisement to another user of the Service.
• You will not harvest, collect, or gather user data without your consent.
• By providing Inteligems with your email address, to the extent permitted by law, you consent to our use of that email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail.
• You may control your User profile and how you interact with the Service by changing the settings in the Inteligems app.
Team Version
We may make additional features (“Team Version”) of the Service available to customers with a Team or Premium Account. You may subscribe to the Team or Premium Version by activating it in your Team or Premium Account on the Service. If you subscribe to the Team or Premium Version of the Service, your Authorized Users will be able to access and use the Team or Premium Version of the Service. During any suspension of your Team or Premium Account and after the termination of your Team or Premium Account, your Authorized Users will no longer have access to the Team or Premium Version of the Service under your Team or Premium Account (however, they may be able to continue using certain basic features of the Service that are generally available to users of the Service).
We reserve the right to modify and update the pricing, features, and functionality of the Service, including the Team or Premium Version.
Links to Third-Party Websites
The Service may contain links (such as hyperlinks) to third-party websites. Such links do not constitute an endorsement by Inteligems or association with those websites, their content, or their operators. Such links (including without limitation external websites that are framed by the Service as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Inteligems does not control any such websites and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or Service. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Inteligems is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or about third-party websites. Further, you acknowledge and agree that Inteligems has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Service at its sole discretion.
Using any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Inteligems expressly disclaims any liability arising with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Inteligems harmless from any liability that may result from using links that may appear on the Service.
As part of the functionality of the Service, you may link your Account with online accounts you may have with third-party service providers, such as Microsoft (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Service; or (ii) allowing Inteligems to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Inteligems and/or grant Inteligems access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Inteligems to pay any fees or making Inteligems subject to any usage limitations imposed by such third-party service providers. By granting Inteligems access to any Third-Party Accounts, you understand that (1) Inteligems may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “TPA Content”) so that it is available on and through the Service via your Account, including without limitation any friend lists, and (2) Inteligems may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all TPA Content, if any, shall be User Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or Inteligems’ access to such Third-Party Account is terminated by the third-party service provider, then TPA Content may no longer be available on and through the Service. You will be able to disable the connection between your Account on the Service and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS. Inteligems makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Inteligems is not responsible for any TPA Content.
Billing and Payment
We do not store the actual credit card number (See Privacy Policy). Payment and any other expenses must be paid through the third-party payment processing system (the “PSP”) as indicated on the Services. You may be required to register with the PSP, agree to the terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Inteligems is not a party to the PSP Services Agreement and that you, the PSP, and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Inteligems has no obligations, responsibility, or liability to any user or any other party under the PSP Services Agreement. All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods, and services, or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees, and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Pricing
We reserve the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. We may change the fees for any feature of the Service, including new or additional fees if we give you notice of changes before, they apply. We may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Trial Services
If you are using a free trial, a proof of concept, beta, or using a version of Inteligems and Service on any other free-of-charge basis including any related support services to the extent provided by Inteligems at its sole discretion (collectively, “Trial Services”), Inteligems makes such Trial Services available to a User until the earlier of: (i) the end of the free trial or proof of concept period or beta testing period as communicated by Inteligems; (ii) the start date of any purchased version of such Inteligems Service; or (iii) written notice of termination from Inteligems (“Trial Services Period”). Inteligems grants User, during the Trial Services Period, a non-exclusive, non-transferable right to access and use the Trial Services for User’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this Agreement. User is authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Inteligems in writing. Any data User enters into the Trial Services and any configurations made to the Trial Services by or for User during the term of such Trial Services will be permanently lost unless User: (a) has purchased a subscription to the same Inteligems and Service as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the Inteligems and Service, and User should review the Inteligems and Service features and functions before making a purchase. Inteligems will be under no obligation to provide User any maintenance or support services with respect to the Trial Services. Notwithstanding anything to the contrary, Inteligems provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Inteligems disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. User assumes all risks and all costs associated with its use of the Trial Services. User’s sole and exclusive remedy in case of any dissatisfaction or Inteligems’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Inteligems to indemnify, defend, or hold harmless under this Agreement are not applicable to Users using Trial Services.
Special Provisions Applicable to Software
If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates, and additional features from us to improve, enhance and further develop the software.You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open-source license, or we give you express written permission.
Amendments
If we make material changes to this Agreement, we will notify you by posting an announcement on our Service or by sending you an email to the address you have registered with us. Your continued use of Inteligems following any changes to this Agreement constitutes your acceptance of such changes.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Inteligems, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Inteligems Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations for that matter), and in that case, you agree to cooperate with our defense of those claims.
Warranty Disclaimer
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR INTELIGEMS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE INTELIGEMS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
Limitation of Liability
Inteligems is not responsible for addressing any claims you have or any claims of any third party about the Service, Inteligems, or your possession and use of the Inteligems, Service or Websites including, but not limited to: (i) product liability claims; (ii) any claim that the Inteligems fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.Neither Inteligems nor its suppliers shall be responsible or liable for any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability, or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, service, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.
Termination
Unless otherwise agreed to in writing between you and Inteligems, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Service to do so (if applicable and available) or by written notice to support@versational.ai. After cancellation, you will no longer have access to your Account, your profile, or any other information through the Service. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions about the disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Service and shall continue to apply indefinitely.
We reserve the right to refuse the Service to anyone for any reason at any time. Inteligems may terminate or limit your right to use the Service if we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If Inteligems terminates or limits your right to use the Service under this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting for the third party.
Even after your right to use the Service is terminated or limited, this Agreement will remain enforceable against you. Inteligems reserves the right to take appropriate legal action, including but not limited to pursuing arbitration per these Terms of Service.
Inteligems reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service at its sole discretion. Inteligems is not liable to you for any modification or discontinuance of all or any portion of the Service. Inteligems has the right to restrict anyone from completing registration as a user if Inteligems believes such person may threaten the safety and integrity of the Service, or if, in Inteligems’ discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.
Disputes
You will resolve any claim, cause of action, or dispute you have with us arising out of or about this Agreement or Inteligems exclusively in a state or federal court located in the State of Delaware. The laws of the State of Delaware will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware for litigating all such claims.
YOU USE INTELIGEMS, SERVICE, AND WEBSITES AT YOUR OWN RISK. WE ARE PROVIDING INTELIGEMS, SERVICE, AND WEBSITES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INTELIGEMS WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT INTELIGEMS, SERVICE, AND WEBSITES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. INTELIGEMS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Special Provisions Applicable to Users Outside the United States
If you are in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on Inteligems (such as advertising or payments).
Definitions
• By “content” we mean anything you or other Users post on Inteligems that would not be included in the definition of Personal Data.
• By “data” or “User data” or “User’s data” we mean any data, including a User’s content or Personal Data that you or third parties can retrieve from Inteligems or provide to Inteligems.
• By “app” or “application” we mean any application or website that uses or accesses Inteligems, as well as anything else that receives or has received data from us. If you no longer access Inteligems but have not deleted all your data from us, the term app or application will apply until you delete the data.
Other
• This Agreement makes up the entire agreement between the parties regarding the Service and supersedes any prior agreements, whether written or oral.
• If any portion of this Agreement is unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or any other provision of this Agreement.
• Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Service.
• You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent.
• All our rights and obligations under this Agreement are freely assignable by us with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Agreement shall prevent us from complying with applicable laws, rules, or regulations.
• This Agreement does not confer any third-party beneficiary rights. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
• We reserve all rights not expressly granted to you.
• You will comply with all applicable laws when using or accessing Inteligems, Service, and Websites.
Consent to Electronic Communications
By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Us
For any comments or questions regarding this Agreement, please contact us:
Inteligems Inc.
1887 Whitney Mesa Dr #1420
Henderson, NV 890114-2069.
support@inteligems.io
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