Terms and conditions of service
Terms of service and user contract for the SizeMe application and the web portal SizeMe.app.
These Terms of Use (or "Terms") govern your use of The Platform,
except where we expressly state that separate terms (and not these) apply, and
provide information about the The Platform's services (the
"Service"), outlined below. When you create an account or use The
Platform, you agree to these Terms.
If you are a business established in the EU and use The Platform to sell goods
to consumers located in the EU, you can learn more about your commercial
relationship with us by reviewing the Marketplace Terms which
supplements our Terms of Use.
These Terms also govern how we use information to show content that belong to
us or to third parties. These Terms of Use therefore constitute an agreement between
you and the owner of The Platform, Intelligent Computing OÜ, a private limited
company registered in Estonia with id 16896754, reachable through its website www.
intelligentcomputing .dev .
You agree that by accessing The Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of The Platform after the date such revised Terms of Use are posted.
The information provided on the The Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access The Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Platform is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use The Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our service
We agree to provide you with services. These service includes all of the features, applications, services, technologies and software that we provide. The service is made up of the following aspects:
·
Solving
logistics and industrial problems.
We use data from The Platform so we can reduce the logistics footprint of some
industries by ensuring that the products that the user wants to buy are the
right size on the first try.
·
Reducing
the marketplace footprint by optimizing the communication of requirements.
We use our services as means of conveying user's needs, specifications and
requirements for the market to develop, manufacture and serve products that
match the demand, so the excess is reduced to a minimum and sustainability is
maximized.
·
Developing
and using technologies that help us consistently serve our growing community.
Organizing and analyzing information for our growing community is central to
our service. A big part of our service is creating and using cutting-edge
technologies that help us personalize, protect and improve our service on an
incredibly large scale for a broad global community. Technologies such as
artificial intelligence and machine learning give us the power to apply complex
processes across our service. Automated technologies also help us to ensure the
functionality and integrity of our service.
·
Ensuring
access to our service.
To operate our global service, we must store and transfer data across our
systems around the world, including outside of your country of residence. The
use of this global infrastructure is necessary and essential to provide our
service. This infrastructure may be owned or operated by us, by Amazon AWS or
by other third parties.
·
Connecting
you with brands, products and services in ways that you care about.
We use data from The Platform to make our content as relevant as possible.
· Offering personalised opportunities to create, connect, communicate, discover and share. People are different. So, we offer you different types of accounts and features to help you create, share, grow your presence and communicate with people on and off The Platform. Part of that is highlighting content, features, offers and accounts that you might be interested in.
·
Research
and innovation.
We use the information we have to develop, test and improve our service and
collaborate with others on research to make our service better and contribute
to the well-being of our community. This includes analyzing the data we have
about our users and understanding how people use our services, for example by
conducting surveys and testing and troubleshooting new features.
How our service is funded
Instead of paying to use The Platform, by using the service covered by these Terms, you acknowledge that we can show you ads or sponsored results. We don't sell your personal data. We also provide other businesses with reports about the market and our user's interests. We don't share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
Your commitments
In return for our commitment to provide the service, we require you to make the below commitments to us.
Who can use The Platform.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the The Platform community.
· You must be at least 18 years old.
· You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.
· We must not have previously disabled your account for violation of law or any of our policies.
· You must not be a convicted sex offender.
· You are required to register with The Platform. You agree to keep your password confidential and will be responsible for all use of your account and password.
How you can't use The Platform.
Providing a safe and open service for a broad community requires that we all do our part.
·
You
can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on The Platform, but you must provide
us with accurate and up-to-date information (including registration
information). Also, you may not impersonate someone or something you aren't,
and you can't create an account for someone else unless you have their express
permission.
· You can't do anything unlawful, misleading or fraudulent or for an illegal or unauthorised purpose.
· You can't violate (or help or encourage others to violate) these Terms or our policies. If you post branded content, you must comply with your local laws.
·
You
can't do anything to interfere with or impair the intended operation of the
service.
This includes misusing any reporting, dispute or appeals channel, such as by
making fraudulent or groundless reports or appeals.
·
You
can't attempt to create accounts or access or collect information in unauthorized
ways.
This includes creating accounts or collecting information in an automated way
without our express permission.
·
You
can't sell, license or purchase any account or data obtained from us or our
service.
This includes attempts to buy, sell or transfer any aspect of your account
(including your username); solicit, collect or use login credentials or badges
of other users; or request or collect The Platform usernames, passwords or
misappropriate access tokens.
·
You
can't post someone else's private or confidential information without
permission or do anything that violates someone else's rights, including
intellectual property rights (e.g. copyright infringement, trademark
infringement, counterfeit or pirated goods).
You may use someone else's works under exceptions or limitations to copyright
and related rights under applicable law. You represent that you own or have
obtained all necessary rights to the content you post or share.
· You can't modify, translate, create derivative works of or reverse-engineer our products or their components.
· You can't use a domain name or URL in your username without our prior written consent.
Permissions you give to us. As part of our agreement, you also give us permissions that we need to provide the Service.
·
We
do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim
ownership of your content that you post on or through the Service and you are
free to share your content with anyone else, wherever you choose. However, we
need certain legal permissions from you (known as a "license") to
provide the Service. When you share, post or upload content (images, video,
text, mesurements) that is covered (or not) by intellectual property rights on
or in connection with our Service, you hereby grant to us a non-exclusive,
royalty-free, transferable, sublicensable, worldwide license to host, use,
distribute, modify, run, copy, publicly perform or display, translate and
create derivative works of your content (consistent with your privacy and
application settings).
·
Permission
to use your username, profile picture and information about your relationships
and actions with accounts and sponsored content.
You give us permission to show your username, profile picture and information
about your actions (such as likes) or relationships (such as follows) next to
or in connection with accounts, ads, offers and other sponsored content that
you follow or engage with without any compensation to you.
· You agree that we can download and install updates to the Service on your device.
Additional rights we retain
· If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
· If you use content covered by intellectual property rights that we have and make available in our service (for example, images, designs, videos or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
· You can only use our intellectual property and trademarks or similar marks as expressly permitted by your local laws or with our prior written permission.
· You must obtain written permission from us or under an open-source license to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
· We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on The Platform; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
· Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
· You must refrain from making contributions that could reasonably be considered offensive or obscene, specifically, you will refrain from adding to the platform images that contain unjustified nudity, acts or results of violence, content prohibited by law, etc. . Additionally, you will refrain from adding content to the platform that is outside its category, that is, outside the world of fashion, clothing, personal image accessories or fashion items in general.
Unless otherwise indicated, The Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on The Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on The Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of The Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use The Platform, you are granted a limited license to access and use The Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to The Platform, the Content and the Marks.
We cannot guarantee The Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to The Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify The Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use The Platform during any downtime or discontinuance of The Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support The Platform or to supply any corrections, updates, or releases in connection therewith.
There may be information on The Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on The Platform at any time, without prior notice.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of The Platform; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of The Platform with whom you connected via The Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms of Use and any policies or operating rules posted by us on The Platform or in respect to The Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of The Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Electronic communications, transactions, and signatures
Visiting The Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on The Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Content removal and disabling or terminating your account
· We can remove any content or information that you share on the Service if we believe that it violates these Terms of Use, our policies or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you infringe other people's intellectual property rights or where we are required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. In some cases when we remove content, we'll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms, or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process has begun. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Privacy Policy. After the content has been deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
· Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
o where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content has been deleted); or
o where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
o where deletion would restrict our ability to:
§ investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
§ protect the safety and security of our products, systems and users;
§ comply with a legal obligation, such as the preservation of evidence; or
§ comply with a request of a judicial or administrative authority, law enforcement or a government agency;
o in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
· If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our agreement and what happens if we disagree" will still apply even after your account has been terminated, disabled or deleted.
· These Terms of Use shall remain in full force and effect while you use The Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
· If we terminate or suspend your account for any reason, 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 on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access The Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) 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; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
Your relationship with third parties
As part of the functionality of The Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through The Platform; or (2) allowing us 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 and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through The Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 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 Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through The Platform. You will have the ability to disable the connection between your account on The Platform and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use The Platform. You can deactivate the connection between The Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding The Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Our agreement.
· If any aspect of this agreement is unenforceable, the rest will remain in effect.
· Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
· We reserve all rights not expressly granted to you.
Who has rights under this agreement.
· This agreement does not give rights to any third parties.
· You cannot transfer your rights or obligations under this agreement without our consent.
· Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.
Who is responsible if something happens.
· We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays or imperfections. Provided that we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
· The above does not exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.
How we will handle disputes.
If
a claim or dispute arises out of or relates to your use of the Service as a
consumer, both you and us agree that you may resolve your individual claim or
dispute against us, and we may resolve our claim or dispute against you, in any
competent court in the country of your main residence that has jurisdiction
over your claim or dispute, and the laws of that country will apply without
regard to conflict of law provisions.
If a claim or dispute arises between us that relates to use of the Service in
any other capacity, including, but not limited to, access or use of the Service
for a business or commercial purpose, you agree that any such claim or dispute
must be resolved in a competent court.
Unsolicited material.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating these Terms
We may change our Service and Policies, and we may need to make changes to these Terms so that they accurately reflect our Service and Policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account from within the app.
· This contract summary provides the main elements of the messaging portions of the Service offered as required by EU law. [1]
· It helps to make a comparison between service offers.
· Complete information about the service is provided in other documents.
Communications
The European Electronic Communications Code (Directive (EU) 2018/1972) (the "EECC") requires us to provide applicable users with the following information about the electronic communication service that we provide as part of our messaging services, including chat, voice and video calls. This information supplements the terms of service for those services. Applicable users include microenterprises or small enterprises or not-for-profit organisations, unless they have explicitly agreed to waive all or parts of those provisions. Currently, our communication services are limited to messaging within certain restrictions. We do not consider our service as a communications focused platform, and it does not have the capabilities to handle any critical or emergency messages. Do not use our platform for critical or emergency communications.
Our quality of service
We work hard to provide the best service we can. However, we cannot guarantee any minimum levels of quality of service and make no guarantees that our messaging services will always function without disruptions, delay or errors. A number of factors beyond our control may also affect your experience in using our messaging services, and may result in the disruption of your communication with other users, including but not limited to: your local network, firewall, your Internet service provider, the public Internet and power supply.
Price
We do not charge for using most of our services. All users of our services are responsible for network provider data plans, Internet access fees and other fees and taxes associated with use of the service. If any service or transaction has a cost associated to it, most probably during the interaction with a third party merchant, it will be clearly stated on screen during the transaction.
Duration
Our users can terminate their relationship with our service at any time for any reason by deleting their account. We may modify, suspend or terminate your access to or use of our services at any time for any reason.
Data provided by you
When you sign up for our service as a new user, we ask you to provide some birth date data (so that we may provide the right experience for your age) and your email address or mobile number. You can find more information on the data that is collected and processed by us in the context of the provision of the service in our Privacy Policy.
Information on handling disputes
If you are unhappy with our messaging services, you can raise a complaint by email to complaints @ intelligentcomputing.dev .
You may be entitled to refer disputes in relation to matters covered by the EECC to an independent body for dispute resolution appointed in your country. A list of competent independent bodies for dispute resolution in EU countries and links to their websites is available at the European Union's Online Dispute Resolution website.
You cannot access emergency services through our platform