Terms of Service and Conditions
Welcome to Intelli IM
These Terms of Service explain how you can use Intelli IM App, Intelli IM Cloud Service and websites collectively called "Intelli IM" or “Our Services”, provided by Rapid Cyber Solutions, Inc. Please read these Terms of Service before you get started. The term ‘us’ or ‘we’ refers to Rapid Cyber Solutions Inc., Intelli IM App, Intelli IM Cloud Service. The term ‘you’, 'your' refers to the user of the Web Site, user of Intelli IM App and Intelli IM Cloud Service. The Terms of Service and Conditions are subject to change without notice.
BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND OUR SERVICES PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.rapidcyber.com/security-and-privacy-with-intelli-im.html. If you continue to use "Our Services" you are agreeing to comply with and be bound by the following terms of service and conditions of use in addition to existing iTunes EULA and Google Play Terms of Service for Intelli IM App. If you choose to not agree with any of these terms and conditions, you may not use Our Services.
Also, it is your responsibility to review these Terms of Service and conditions for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of Our Services.
Using Intelli IM
Intelli IM is an app that helps you communicate from your mobile device. When you add your Google Talk account, you authorize Intelli IM to securely access your account information using a method called OAuth. Your passwords are never stored on our servers. Our servers enable communication between the Intelli IM and Google Talk servers towards the other users.
For Microsoft Lync and Microsoft OCS, Intelli IM communicate with the servers in an enterprise environment on your behalf using a proprietary mechanism.
By using Intelli IM, you give us the permission to provide services (sharing information, mentioned in Let’s talk about shared information) to you by connecting to Google Talk, Microsoft Lync, and Microsoft OCS servers on your behalf. You also extend the permission to trusted third parties that help us to run Intelli IM like Amazon (we use Amazon servers for the cloud service).
In connection with your use of Intelli IM, we may send you service announcements, administrative messages, and other information.
Some Common Sense Terms to use Intelli IM responsibly:
When signing up for Intelli IM, you are responsible for the activity on Intelli IM and the safeguarding your credentials. You are also responsible for providing accurate information and not access anybody else’s account without permission.
We are not liable for any data charges incurred by the end-users in using Intelli IM. The subscription is non transferable. If you move from the company or for any other reason you cannot use the product, your subscription can't be refunded. Anyone under 13 years is strictly prohibited from using Intelli IM.
Let’s talk about Shared Information
(What’s yours is yours!, We are just enabling a great experience for you)
- The information exchange can be in the form of messages, pictures, photos or any digital format. The messages, status information, time zones, location, note, pictures, photos in any digital format are collectively called "Shared Information".
- It’s your Shared Information but we are simply enabling the communication and collaboration. You shall be solely responsible for your own "Shared Information" and the consequences of posting or publishing them. Because Intelli IM is only acting as a repository of data, user submitted "Shared Information" does not necessarily represent the views or opinions of Intelli IM, and Intelli IM makes no guarantees as to the validity, accuracy or legal status of any "Shared Information" In connection with sharing of the "Shared Information", you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Intelli IM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Shared Information to enable inclusion and use of the Shared Information in the manner contemplated by Our Services and these Terms of Service. To further clarify: you retain all of your ownership rights in your Shared Information, but you have to have the rights in the first place. However, by submitting the Shared Information to Intelli IM, you hereby grant Intelli IM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Shared Information in connection with the Intelli IM including without limitation for promoting and redistributing part or all of the Intelli IM (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber on Intelli IM non-exclusive license to access your Shared Information through Our Services.
- Intelli IM is used by many users for their day-to-day communication, let’s use Intelli IM responsibly. In connection with "Shared Information", you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Intelli IM all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Intelli IM or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Our Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
- Let’s be more responsible. Adult content must be clearly identified as such. Intelli IM does not endorse any opinion, recommendation, or advice expressed therein, and Intelli IM expressly disclaims any and all liability in connection with Shared Information. Intelli IM does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Intelli IM will remove all Shared Information if properly notified that such content infringes on another's intellectual property rights. Intelli IM reserves the right to remove Shared Information without prior notice. Intelli IM also reserves the right to decide whether Shared Information is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Intelli IM may remove such Shared Information and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- Your privacy and security is extremely important to us. We will do our best to protect your privacy and security but we can not guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for credentials for improper purposes. You must notify us immediately of any breach of security. Although we will not be liable for your losses caused by any unauthorized use of your account.
- We love feedback but If you submit an idea, you agree that you are submitting the idea out of your own goodness of the heart and not for the financial gain or any recognition. We are free to use the idea or share with other, or we may use a similar idea, developed by our team or obtained from another source.
- We may permanently or temporarily revoke or suspend your access to Intelli IM without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these terms.
- We are constantly changing and improving Intelli IM. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Intelli IM at any time without prior notice.
Intellectual Property, Copyrights and Trademarks
(What’s ours is ours! and respect the great work done by companies like Apple, Amazon, Google, Microsoft and other innovators around the world)
- Our Services contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of service.
- All trademarks mentioned on our services, which are not property of Rapid Cyber Solutions, Inc. are the property of their respective owners. Intelli IM, Intelli IM logo and Rapid Cyber Solutions, Inc. are the trademark of Rapid Cyber Solutions, Inc.
- We retain our rights title and interest in Intelli IM, and all that makes up Intelli IM. We give you a non-exclusive, limited, non-transferable, freely revocable license to use Intelli IM for your personal, noncommercial use only. We retain ownership of Intelli IM, we reserve all right not expressly granted in these Terms.
External Links
- From time to time Our Services may also include links to other websites, applications and services. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites, applications and services. We have no responsibility for the linked content, websites, applications and services.
Lync/CWA/OCS Integration
- After the purchase of the subscription, if Our Services stop to work because of changes at your company's enterprise servers, we are not responsible for any refunds or losses.
Miscellaneous
- You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranty Disclaimer
We are committed to provide with an exceptional service but we can not do everything. Now, this in some legal language.
- OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.
- YOU AGREE THAT YOUR USE OF THE "OUR SERVICES" SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RAPID CYBER SOLUTIONS INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. INTELLI IM APP AND INTELLI IM CLOUD SERVICE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICES CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INTELLI IM. INTELLI IM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
- IN NO EVENT SHALL RAPID CYBER SOLOUTION INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF "OUR SERVICES", (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT RAPID CYBER SOLUTIONS INC., INTELLI IM, "WE" SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless Intelli IM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to "Our Services"; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your sharing of the information (pictures or text) caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by Rapid Cyber Solutions without restriction.
Assignment
These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by Rapid Cyber Solutions Inc. without restriction.
Updated on: October 30th, 2013