THE SERVICES AND COMPANY IP ARE PROVIDED “AS IS”, AND COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER PARTY REGARDING THE COMPANY IP OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, COMPANY HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE SERVICES WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED.
Neither Party will be responsible for any failure or delay in the performance of its obligations under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including government-imposed travel restrictions and quarantines), material changes in law, war, terrorism, riot, or acts of God.
For the contracts signed by iGenius Inc. this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. All disputes under this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts located in the County of Santa Clara, California, and the parties hereby waive any objection to the jurisdiction and venue of such courts.
For the contracts signed by iGenius S.p.A. this Agreement will be governed by and construed in accordance with the Italian law, without regard to or application of conflict of laws rules or principles. All disputes under this Agreement shall be submitted to the exclusive jurisdiction of the Court of Milan, and the parties hereby waive any objection to the jurisdiction and venue of such court.
This Agreement, or any of its rights or any materials provided hereunder, may not be assigned or otherwise transferred by either party to any other person or entity, whether by operation of law or otherwise, without the other party's express written consent, which shall not be unreasonably withheld or delayed and any such attempted assignment not permitted by either party shall be void and of no effect; provided, however, that such consent of the other party shall not be required with respect to an assignment or transfer by either party to (i) any corporate affiliate of such party; or (ii) an acquirer of all or substantially all of the assets or capital stock of such party related to this Agreement, whether through purchase, merger, consolidation or otherwise. Any permitted assignment or transfer of or under this Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed email transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. This Agreement (including any exhibit, annex and appendix hereto) is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless Customer and Company have executed a separate agreement governing use of the Subscription Services. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. All notices or approvals will be sent to iGenius S.p.A. Via Principe Amedeo 5, 20121 Milan, Italy for notices to the Company and to the email address associated with Customer’s account for notices to Customer. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
iGenius (hereinafter referred to as ‘we’, ‘our’, ‘us’), as Data Controller of the processing described hereinafter, takes privacy and personal data protection extremely seriously.
This document has therefore been produced to provide you, also to comply with Section 13 of the General Data Protection Regulation ("GDPR"), with information on the purpose and means used to process your Personal Data which are collected when browsing on our website (https://igenius.ai - hereinafter referred to as the “Website”), using services reserved for registered users, communicating with our operators or using our live chat system (hereinafter jointly referred to as “Crystal Services”). Please note that, unless otherwise defined herein, all the capitalized words shall have the same meaning provided by Article 4 GDPR.
In particular, we need to process the personal data which you provide when registering or requesting a service. With your consent, we can also use other information which you freely provide when registering or related to the methods you use to communicate with us (hereinafter jointly referred to as “Data”).
To create an account on the Crystal Services or use our product demo, you/your employer must provide your full name, email, employer, and role. When you use Crystal Services, we will process the Data needed to guarantee your full enjoyment of these services, including, for example, log in data, pages visited, your requests, your communications and other additional information which you may freely provide during the usage of the Crystal Services. We may also process audio (which may contain your voice) if you use our speech recognition features.
Providing your Data is optional, but refusal to do so, in part or in full, may prevent us from correctly meeting your specific requests.
With your consent, we can also use your Data for the following purposes:
The provision of Crystal Services and/or the handling of information which you request will not in any way be affected by whether you give consent as set out at point cd and e) above in this Section 2.
In the light of the above, the so-called “lawful basis of processing”, as per Regulation EU No. 679/2016 (General Data Protection Regulation or “GDPR”), specifically are:
Your Data will only be processed for the period of time strictly necessary to fulfil the purposes for which they were collected, with regard to the regulations in force.
In any case, for the purposes of marketing and/or profiling (as per points c) and d) of Section 2 above), Data regarding the details of your purchases will not be processed for a period exceeding 12 months. In the same way, the information regarding your communications with us will not be retained for a period exceeding 12 months.
So that the activities related to the Website function properly, your personal data indicated above may be accessed by employee staff, as well as by non-employee personnel appointed by us that need to process the personal data to carry out their duties (for example, digital function, administration, and customer service).
Your Data may be shared, also for administrative purposes, with our subsidiary, parent and partner companies, for purposes of delivering the Crystal Services requested, with third party service providers involved in activities carried out by us (e.g. IT services). These parties will occupy the role of Data Processors (e.g.: iGenius S.p.A.).
We or any our assets, including the Website, may be sold, or other transactions may occur in which your personal data is one of the business assets of the transaction. In such case, your personal data may be transferred, either as part of the transaction or during any due diligence process.
Lastly, we may share information with government and law enforcement authorities and with other parties involved in, or contemplating, legal proceedings to comply with a legal obligation, when we believe in good faith that the law requires it, or where this is necessary for us or for third parties to protect our or their rights, property, safety or security.
The iGenius entity that controls your Data may differ depending on your Company headquarter.
Data relating to individuals in the European Economic Area, the United Kingdom, and Switzerland is controlled by iGenius S.p.A. in Italy. iGenius's international transfer of Data collected in the European Economic Area, the United Kingdom, and Switzerland takes place in compliance with appropriate guarantees for the protection of your Data and, in particular, the Standard Contractual Clauses.
Your Data is mainly processed electronically, and in some cases also in paper format.
You can check, modify or withdraw your consent with regard to the purposes set out in letters (d) and (e) at Section 2 above at any time. You just need to modify the settings in your settings area or contact us at the contact details below.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, theDigital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
You may have the right under applicable law to access your Data and, if necessary, have it amended or deleted or restricted. You may also ask us to provide some types of Data to you, or another organisation nominated by you, in a structured and machine readable format.
You can object to the processing of your Data in some circumstances (in particular, where we don’t have to process the information to meet a contractual or other legal requirement), at any time either through the opt-out link at the bottom of our marketing e-mails, (in case of marketing, or by contacting us at the contact details indicated below).
These rights can be limited – for example where we need your Data (i) to comply with the law or (ii) to the interest of iGenius will prevail, or (iii) where providing your information would reveal Data about another person.
You also have a right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.
For more details or any privacy questions, please contact us by email at email@example.com (at this address you can reach out our DPO too in accordance with Article 27 of Regulation (EU) 2016/679).
iGenius Inc. has appointed iGenius S.p.A., with registered office in Via Principe Amedeo, 5, 20121 Milan Italy, as its representative in the European Union.
The Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children.
If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account as applicable.
This privacy notice may be amended or updated, in full or in part, which may be as a result of changes to the applicable law. We will keep you informed as required under applicable law of any substantial changes which affect how your Data is processed.
In any case, we invite you to periodically consult the updated privacy notice published on the Website.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “GOVERNING LAW; DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
You are an Authorized User (as defined below) on a platform controlled by one of our customers (each a “Customer”) which could be your employer or an organization with which you have a work relationship. The Customer has provided you the access to the Subscription Services.
Customer has separately agreed to our Terms & Conditions (the “Agreement”) that permitted Customer to create and configure a workspace so that you and others could join and use the Subscription Services (each invitee granted access to the Subscription Services, including you, is an “Authorized User”).
The Agreement contains the rules governing Customers and their Authorized Users’ use of the Subscription Services.
You may use the Subscription Services only if you are 18 years old or older and capable of forming a binding contract, and not otherwise barred from using the Subscription Services under applicable law.
At any time, an Authorized User will not, directly or indirectly:
You agree that it is Customer’s sole responsibility to (a) inform you and any other Authorized User of any relevant Customer policies and practices related to the use and any settings that may impact your use of the Subscription Services; and (b) respond to and resolve any dispute with you and Customer or you and any other Authorized User relating to the Subscription Services or Customer’s failure to fulfill these obligations.
IGENIUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SUBSCRIPTION SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES EXCEED $100.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Subscription Services (collectively, “Disputes”) will be resolved SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING (“Class Action Waiver”). You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and if it is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and void.
Any arbitration hearings will take place in the County of Santa Clara, California, unless we both agree to a different location. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and neither of us will seek to recover the administration and arbitrator fees we are each responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
As limited exceptions to the foregoing: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
You may not assign any of your rights or delegate the access to your account under these Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
As our business evolves, we may change these Terms. If we make a material change to the Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Subscription Services. You can review the most current version of the present Terms at any time by visiting this page at the following link https://crystal.ai/en/legal/terms-and-conditions/.
Any material revisions to these Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
These Terms will be enforced to the fullest extent permitted under applicable law. With the exception of the Class Action Waiver in the “Governing Law; Dispute Resolution” Section above, if any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.
Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
These Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Subscription Services is terminated by Customer or us. Please contact Customer at any time and for any reason if you wish to terminate your account.
The sections titled “Limitation of Liability,” “Survival,” “Assignment”, “Severability” will survive any termination or expiration of the Terms.
The information contained on https://igenius.ai website and crystal mobile app (the "Service") is for general information purposes only.
iGenius assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall iGenius be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. iGenius reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
iGenius does not warrant that the Service is free of viruses or other harmful components.
https://igenius.ai website and crystal mobile app may contain links to external websites that are not provided or maintained by or in any way affiliated with iGenius.
Please note that the iGenius does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
iGenius conducts business ethically, honestly, and in full compliance with the law.