Last updated January 24, 2024
1. AGREEMENT TO OUR LEGAL TERMS
We are Inita AG (“Company,” “we,” “us,” “our“), a Swiss company. Our VAT number is
CHE-208.812.729 MWST.
We operate the website app.inita.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
We provide an AI-driven platform to automate setup and operations for small service businesses.
You can contact us by WhatsApp Business at +352 661 539 038, email at legal@inita.com, or by mail to Vordergasse 59, 8200 Schaffhausen, Switzerland.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “user”), and Inita AG, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING AND USING THE SERVICES AND YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time without prior notification. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change, however, in some cases we may inform you of important changes to these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
2. OUR SERVICES
(1) Your use of our Services.
Subject to your compliance with all requirements, restrictions and terms specified in these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we hereby grant
you a non-exclusive, non-transferable, revocable license solely for your internal business purpose to:
access and use the Services, Site Content and Marks, within the scope of the Services’ functionality described on support.inita.com; and
download, print and use a copy of any portion of the Delivered Content to which you have properly gained access.
(2) User registration.
You are required to register your account with your email address to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
(3) Scope and limitations of our Services.
The information provided when using the Services 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 Services 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 Services are 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 the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
3. INTELLECTUAL PROPERTY RIGHTS
Please review this section and the “PROHIBITED ACTIVITIES” and “USER REPRESENTATIONS ON CONTRIBUTIONS” sections carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Any breach of provisions set out in this section will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
(1) Definitions.
The following definitions are used in these Legal Terms for the purpose of transparent intellectual property rights provisions:
“Site Content” means all source or object code, scripts, databases, functionality, software, computer programs, techniques, improvements, designs, audio, video, text, photographs, graphics, concepts, formulas, processes, documentation, and any other copyrighted works or works of authorship, provided by us when you use the Services, excluding any Contributions and Generated Content.
“Marks” mean our trademarks, service marks, and logos contained therein on the Site, excluding those owned by third parties.
“Contribution” means any content or information, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, data, personal information, or other material that you create, submit, post, display, transmit, publish, distribute, broadcast, or provide to us through the Services.
“Generated Content” means content provided to you on or through the Services and generated by AI-driven functionality of the Services.
“Delivered Content” means content provided to you on or through the Services that includes your Contributions and Generated Content.
(2) Site Content and Marks.
We are the owner or the licensee of all intellectual property rights to the Site Content, as well as the Marks.
Site Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
Site Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
Except as set out in these Legal Terms, no part of the Services and no Site 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.
If you wish to make any use of the Services, Site Content, or Marks other than as set out in these Legal Terms, please address your request to: privacy@inita.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Site Content or Marks, you must identify us as the owners or licensors of the Services, Site Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Site Content or Marks.
We reserve all rights not expressly granted to you in and to the Services, Site Content, and Marks.
(3) Contributions.
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may provide Contributions.
You understand that Contributions may be viewable by other users of the Services and possibly through third party websites.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
(4) Your responsibility for Contributions.
You are responsible for what you post or upload. By providing Contributions through the Services, you:
( a ) confirm that you have read, understood and agree to comply with the “PROHIBITED ACTIVITIES” and “USER REPRESENTATIONS ON CONTRIBUTIONS” sections at all times;
( b ) confirm that you will not post, send, publish, upload, provide to us, or transmit through the Services any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
( c ) to the extent permissible by applicable law, waive any and all moral rights to any such Contribution;
( d ) warrant that any such Contributions are original to you or that you have the necessary rights and licenses to submit such Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Contributions; and
( e ) warrant and represent that your Contributions do not constitute confidential information to you or third parties.
You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
Although we have no obligation to monitor Contributions, we shall have the right to remove or edit any Contribution available on or through the Services at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove from the Services or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
(5) Assigning rights to Generated Content to you.
Subject to your compliance with all requirements, restrictions and terms specified in these Legal Terms, we hereby assign to you all right, title and interest in and to any Generated Content that you can obtain using AI-driven functionality of the Services.
You understand and agree that Generated Content may contain inaccuracies and must be verified by you prior to its use.
It is your sole responsibility and liability to review Generated Content and to determine its applicability to your specific business purposes, its validity, appropriateness, accuracy, completeness, and compliance with applicable legislation.
We make no warranty and assume no responsibility or liability as to the accuracy, applicability, validity, appropriateness, completeness, and compliance of Generated Content with applicable legislation.
To the extent required by law or our obligations to third parties, we will indicate through the Services that you are interacting with an AI-enabled system.
(6) Licensing of Contributions and Generated Content for us.
By providing any Contributions or obtaining any Generated Content through the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license for the duration of your rights to your Contributions and/or Generated Content to host, use, copy, reproduce, disclose, distribute, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) and/or Generated Content for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions and/or Generated Content, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions and/or Generated Content; (2) to re-categorize any Contributions and/or Generated Content to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions and/or Generated Content at any time and for any reason, without notice. We have no obligation to monitor your Contributions and/or Generated Content.
(7) Copyright infringement.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
4. USER REPRESENTATIONS
By registering your account and by using the Services, you represent and warrant that:
1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Legal Terms and the applicable Privacy Policy;
4. you are not a minor in the jurisdiction in which you reside;
5.you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
6. you will not use the Services for any illegal or unauthorized purpose;
7. your use of the Services will not violate any applicable law or regulation, including applicable local, national, state, federal and industry-specific laws or regulations that restrict or prohibit, in whole or in part, the use of the Services;
8. you are not domiciled or reside in a country that belongs to E.U. or U.S. embargoed countries; and
9. you are not a person and are not acting on behalf of a person or a company to which provision of the Services is prohibited by the export control laws, rules, regulations, restrictions and national security controls of the European Union, the United States, and other applicable foreign agencies.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
5. PURCHASES AND PAYMENT
(1) Payment.
We accept the following forms of payment:
– Visa
– Mastercard
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Unless required by applicable law, all payments under this Agreement are non-refundable and made via the payment method specified by customer, or as otherwise agreed in writing by the parties.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
(2) Free trial.
We offer a 14-day free trial to new users who register with the Services. The account will be charged according to the user’s chosen subscription at the end of the free trial.
(3) Cancellation.
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at privacy@inita.com or call us via WhatsApp Business at +352 661 539 038.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
(1) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(3) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Site Content or enforce limitations on the use of the Services and/or the Site Content contained therein.
(4) Scan and test the Services for vulnerabilities, conduct penetration tests, disclose, share, send, or make otherwise available to third parties information about vulnerabilities in the Services of which you become aware, or use information about such vulnerabilities to compromise the security of the Services or privacy of other users of the Services.
(5) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
(6) Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
(7) Engage in unauthorized framing of or linking to the Services.
(8) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(9) Delete the copyright or other proprietary rights notice from any Site Content.
(10) Attempt to impersonate another user or person or company or use the username or email address of another user to register an account to use the Services or use another company’s name and address.
(11) Attempt to use the Services to imitate websites or content of other companies or businesses, to mislead consumers and third parties, or for the purpose of unfair competition.
(12) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(13) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
(14) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
(15) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
(16) Copy or adapt the Services’ software, including but not limited to HTML, CSS, JavaScript, or other code.
(17) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
(18) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Services.
(19) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(20) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Site Content for any revenue-generating endeavor or commercial enterprise.
(21) Sell, lease, loan, export or otherwise transfer your profile or access to your account to third parties.
(22) Remove the marking that Generated Content is AI-generated, if any, when Generated Content is used as is in educational, employment, housing, insurance, medical, financial, and legal sectors, in news generation or summarization.
7. USER REPRESENTATIONS ON CONTRIBUTIONS
When you create or make available any Contributions, you thereby represent and
warrant that:
(1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
(3) Your Contributions do not violate the copyright and other intellectual property rights of third parties.
(4) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
(5) Your Contributions are not false, inaccurate, or misleading.
(6) Your Contributions are not unsolicited, unauthorized, unfair, or misleading advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(7) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(8) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(9) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
(10) Your Contributions do not violate any applicable law, regulation, or rule.
(11) Your Contributions do not violate the privacy or publicity rights of any third party.
(12) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
(13) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
(14) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
(15) Your Contributions do not contain personal data that (a) belongs to special categories of personal data, or (b) relates to persons under the age of 18.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. SOCIAL MEDIA
As part of the functionality of the Services, we provide you with the ability to create Generated Content specifically for social media so that you can post Generated Content as is or edited by you to your social media accounts (each such account, a “Third-Party Account”) on your own. We do not request or have access to your Third-Party Accounts. As for any Generated Content, you are solely responsible for reviewing the Generated Content before publishing it via your Third-Party Accounts. 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 Services. 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.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. You are solely responsible for your compliance with terms of use of Third-Party Websites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY AND DATA PROCESSING
(1) Privacy Policy.
We care about data privacy and security. Please review our Privacy
Policy: https://inita.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States and Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States and Netherlands, then through your continued use of the Services, you are transferring your data to the United States and Netherlands, and you expressly consent to have your data transferred to and processed in the United States and Netherlands. For data transfers, we always implement appropriate safeguards to ensure that your personal data always remains safe.
(2) User data and Contributions.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
When using personal data in your Contributions, you represent and warrant that:
(1) You process such personal data in accordance with applicable personal data protection law and provide it for use in the Services on a suitable legal basis.
(2) You comply with all applicable requirements imposed by applicable personal data protection law, including information obligation in case you process personal data of others.
(3) You will be the primary point of contact for requests from data subjects whose personal data you provide, including requests related to the exercise of their rights; we will forward such requests to you, if received, and provide support to the extent stipulated by applicable law.
(4) You will not use in Contributions any personal data that belongs to special categories of personal data.
(5) You will not use in Contributions any personal data that relates to persons under the age of 18.
12 .COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
13. TERM AND TERMINATION
(1) Term.
These Legal Terms shall remain in full force and effect until it is terminated by any reason described in this section.
(2) Termination by you.
You have the right to terminate these Legal Terms at any time by deleting your account via the Site. In this case, we will delete your account within a reasonable time and cancel your subscription. Your cancellation will take effect at the end of the current paid term. During the current paid term, you may contact us at any time to retrieve your Contributions, Generated Content, and Delivered Content saved in our format. We reserve the right to remove your Contributions, Generated Content, and Delivered Content after the end of the current paid term.
(3) Termination by us for good cause.
We reserve the right to terminate these Legal Terms and provision of the Services to you for good cause. In such event, we will notify you thirty (30) business days prior to the date of the proposed termination of the Services. During this time, you may contact us at any time to retrieve your Contributions, Generated Content, and Delivered Content saved in our format. We reserve the right to remove your Contributions, Generated Content, and Delivered Content upon termination of the Services. We will also cancel your subscription and refund your share of your payment for the current paid term, in proportion to the unused term, within thirty (30) business days after termination of the Services.
(4) Termination by us due to your breach of these Legal Terms.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO YOU IN CASE OF YOUR MATERIAL BREACH OF THESE LEGAL TERMS OR APPLICABLE LEGISLATION, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION, YOUR FAILURE TO PAY YOUR SUBSCRIPTION FEE IN TIME. IN THE EVENT THAT SUCH BREACH HAS NOT BEEN CURED WITHIN TEN (10) BUSINESS DAYS OF NOTICE OF SUCH BREACH, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTRIBUTION, GENERATED CONTENT, DELIVERED 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.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Inita AG and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Schaffhausen, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Switzerland, or in the EU country in which you reside.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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 SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT, DELIVERED CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, DELIVERED CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE CONTENT AND DELIVERED CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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.
17. LIMITATIONS OF LIABILITY
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 SERVICES, 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 THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
19. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms 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 Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms 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 Legal Terms or use of the Services. You agree that these Legal Terms 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 Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
20. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Inita AG
Vordergasse 59, 8200 Schaffhausen, Switzerland
WhatsApp Business: +352 661 539 038
legal@inita.com