Terms Of Services
Welcome to Inteliviu. Continue reading to understand the rules and restrictions for using our websites, software, and applications (the “Software”) If you have any questions, comments, or concerns regarding these terms or the Software, please contact us at info@inteliviu.com.
These Terms of Service (“Terms”) form a legally binding agreement between you and Inteliviu (“Inteliviu”, “we”, “our” or “us”). By using our Software, you agree to these Terms, which apply as long as you use the Software. If you disagree, you can refuse, cancel your account, disconnect products, remove the application/Software, and stop accessing or using it. Please read these disclosures carefully, as we assume that you acknowledge and accept them.
Overview
These Terms apply to your use of the Software, including updates and other products. Additional guidelines, terms, or rules may apply to specific features and will be posted on the Policy. Using the Software means accepting and complying with the referenced additional guidelines, terms, rules, and Privacy Policies.
As we continuously strive to improve our Software, it may be necessary to make corresponding changes to these Terms. We reserve the right to modify the Terms at any time. We will inform you of any changes through website notices, emails, or other means. If you disagree with the revised Terms, rejecting them means you cannot use the Software. Continuing to use the Software after the updated Terms indicates your agreement to the changes.
By using the Software, you confirm and guarantee that you are of legal age to do so. You must confirm your authority to accept these Conditions on behalf of an entity and ensure their compliance. Using the Software under the age of 18 is unlawful and a violation of the Terms. Only if you abide by these Terms and all applicable laws and regulations are you permitted to use the Software.
Accounts
In order to use the Software, you must create an account with a unique username and password. It is essential to provide accurate and up-to-date information during registration. Please refrain from impersonating or using someone else’s account. You have sole responsibility for your account, and you cannot transfer it without our express permission. The Software is for official use only under your contract, and you must follow all applicable laws while using it. The law prohibits unauthorized usage. You are in charge of keeping your login information secure and alerting us at once to any questionable behavior. We are not liable for any losses or damages resulting from your failure to comply with these rules.
Service and Restrictions
Ownership
Here are some points that explain the ownership of intellectual property rights for the products and Software offered by Inteliviu:
- Inteliviu owns all intellectual property rights (copyrights, patents, trademarks, trade secrets) for its services and Software.
- Purchasing or using Inteliviu’s Software does not grant you any rights or ownership of its associated intellectual property.
- Inteliviu retains all rights that are not expressly granted in the terms and conditions governing the Software that it provides.
- Inteliviu licenses the Software and related services to you but doesn’t sell them outright.
To respect Inteliviu’s intellectual property, understand and adhere to ownership as a Software user. Compliance with rules prevents unintentional violations.
Software License
As per these Terms, Inteliviu grants you a limited, non-transferable, nonexclusive license to use the Software.
- This license is only valid for your owned or controlled device and for internal, agreed-upon purposes.
- Inteliviu may release Updates from time to time to improve the Software’s performance.
- We may automatically install these Updates without providing additional notice or seeking consent.
- By using the Software, you agree to receive these automatic updates. If you do not want to receive updates, you must stop using the Software.
- You agree to promptly install any Updates that Inteliviu provides to ensure uninterrupted use of the Software.
Content License
You have the right to access and utilize our Software, but you must comply with these Terms. Copyright laws protect the content presented in our Software, including text, graphics, articles, photos, pictures, and drawings. You must follow the guidelines, warnings, and limitations associated with the Content accessed through our Software. You must obtain written consent from the owner before using any non-owned Content, Software, materials, or proprietary rights. This includes actions like copying, altering, publishing, broadcasting, selling, or creating derivative works. Copyright laws protect our Software (including our websites).
Do not download or copy Content from our Software. Retain copyright notices and other accompanying notices. Do not reproduce or store Content for unauthorized purposes unless we, the copyright owner, give express permission.
Representation
The execution and performance of this Agreement by each party do not violate any other agreements. Each party represents and warrants their full corporate authority to enter into and perform this Agreement.
Warranties
Inteliviu guarantees that the software will perform as documented for 30 days after delivery. If the software fails to meet the warranty, Inteliviu (and its suppliers/licensors) may choose one of the following options at their discretion: (i) The software may be upgraded or modified to comply with the aforementioned warranty; (ii)Replace Licensee’s software with one that abides by the preceding warranty; (iii) the License may be terminated and all fees paid by the licensee will be refunded.
Disclaimer of Warranties
The documentation and software are provided “as is” and Inteliviu hereby disclaims any warranties, whether express, implied, statutory, or otherwise. Inteliviu disclaims all implied warranties, including merchantability, fitness for a specific purpose, title, and non-infringement. There are no warranties regarding the software’s performance, compatibility, security, accuracy, completeness, or freedom from errors.
Confidentiality
The “Receiving Party” and the “Disclosing Party” can both be Inteliviu and the Customer.
Confidential Information
Confidential Information includes business plans, customer data, designs, financial analysis, Intellectual Property, inventions, market information, product plans, research, software, trade secrets, and more. It covers information from third parties and materials prepared by the Receiving Party based on the Confidential Information. Additionally, the Software is also included in the Confidential Information of Inteliviu, among other things.
Exclusions
Confidential Information excludes (i) publicly known information, (ii) unrestricted information from another source, and (iii) independently developed information. The recipient must use it for a Software evaluation, safeguard it with care, share only with authorized parties, and add proprietary and confidentiality notices. The recipient commits to using the information solely for evaluation purposes and treating it with equal care as its own Confidential Information.
The recipient will ensure that the Disclosing Party’s Confidential Information remains confidential and will not disclose the information to any employees or third parties unless they need to know for evaluating the Software and have agreed to keep the information confidential. The recipient will only make necessary copies of the Confidential Information and will include the Disclosing Party’s proprietary rights and confidentiality notices on any authorized copies. The recipient will promptly inform the Disclosing Party in case of any unauthorized use or disclosure of the Confidential Information.
Disclosures Required by Applicable Law or Court Order
If Applicable Law, a valid subpoena, or an order from a court or governmental body legally compels the Receiving Party to disclose the Disclosing Party’s Confidential Information, the Receiving Party must promptly notify the Disclosing Party in writing of the disclosure request’s existence, terms, and circumstances. This notification allows the Disclosing Party to seek appropriate relief, such as a protective order, either on its own or through the Receiving Party. The Receiving Party must cooperate with the Disclosing Party in obtaining such relief. If the Receiving Party must still disclose the Confidential Information despite such efforts, it must disclose only the portion of the information required by law and make reasonable efforts to ensure that the disclosed Confidential Information is treated confidentially.
Return of Confidential Information
All documents and physical objects containing or representing Confidential Information disclosed by the Disclosing Party, along with copies, remain the Disclosing Party’s property. The Receiving Party must promptly return such materials upon termination or expiration of the Agreement or upon written request. Notes or abstracts should be destroyed or permanently deleted.
This clause does not apply to backup electronic material created through regular business archiving procedures. However, information technology personnel will have restricted access to such backup tapes or archived media, and they may only use it for purposes permitted under this Agreement.
Intellectual Property
Licensee acknowledges that as between Inteliviu and Licensee, Inteliviu (or its licensors, as applicable) owns all rights, titles, and interests in and to the Software and Documentation, including all machine learning (including machine learning algorithms), predictive information and/or analytics, and all data and information generated by Licensee’s evaluation, testing, and/or other use of the Software (including system performance data and data and/or information submitted to, collected by, or generated in connection with Licensee’s use of the Software) and all Intellectual Property in the foregoing.
For purposes of this Agreement, “Intellectual Property” means all worldwide rights in and to intellectual property, including, without limitation, rights to inventions, trade secrets, know-how, technology, research tools, data, software, improvements, and rights of authorship and attribution, whether or not protected by patents or copyrights, and including, without limitation, patent applications, patents, trade secret rights, copyrights, trademarks, and other exclusive or non-exclusive rights pertaining to intellectual property.
Limitation Of Liability
Inteliviu is not liable to the fullest extent permitted by law for any damages, including consequential, incidental, indirect, exemplary, or punitive damages. This includes costs, lost business, production, revenues, profits, goodwill, data loss, system security breaches, or the cost of replacement goods or Software, regardless of foreseeability.
Inteliviu’s total liability arising from or related to this agreement, whether under any legal or equitable theory, including breach of contract, tort (including negligence), or strict liability, will not exceed the fees paid by Licensee to Inteliviu in the last 12 months preceding the act.
Termination of Account
Termination
If you violate these Terms and pose a genuine threat to us or other users, Inteliviu may discontinue your Software access. We will notify you via email and provide instructions to rectify the situation. Failure to comply will temporarily block your Software access.
In certain cases, we may terminate or suspend your Software access without notice or data export opportunity. This includes situations where continuing to provide Software could result in legal liability or hinder service to other users, or if you materially breach these Terms or legal requirements prevent us from giving notice.
Upon suspension or termination of Software access, data access, and export will be unavailable. Inteliviu does not offer refunds, except as required by law, in case of access suspension or termination.
Beta Features
Inteliviu may occasionally provide new features or tools for its users to experiment with, referred to as “beta” features. These features are offered solely for experimental purposes and without any warranty, and Inteliviu reserves the right to modify or discontinue them at its sole discretion. The terms of this section fully apply to any such beta features or tools.
Indemnification
Licensee agrees to defend, hold harmless, and indemnify Inteliviu and all of its officers, directors, employees, affiliates, successors, and assigns from any losses, damages, liabilities, or costs (including attorneys’ fees) arising from any third-party claim, suit, action, or proceeding that is related to (a) Licensee or Licensee Authorized Users’ use or misuse of the Software, (b) Licensee or Licensee Authorized Users’ breach of the agreement. The claim(s) filed against Inteliviu for which Inteliviu seeks indemnification or defense must be immediately disclosed to Licensee in writing if Inteliviu requests indemnification or defense from Licensee.
If Inteliviu fails to promptly inform Licensee of such claims, Licensee’s indemnification obligations under this Section will not be reduced or waived, except if Licensee can show that such failure significantly harmed the defense and/or settlement of such claims. Inteliviu may, at its discretion, assume full control of the defense of any claim(s) with the legal counsel of its choice. Licensee cannot enter into any third-party agreement without Inteliviu’s prior written consent that would affect Inteliviu’s rights, acknowledge Inteliviu’s fault, or bind Inteliviu in any way.
