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Last updated: Oct 15, 2020
Welcome to Intuceo!
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY
ICUBE GLOBAL LLC. (“INTUCEO”).
INTUCEO provides the www.intuceo.com web site,
any other services of INTUCEO subject to these Terms of Service. These
Terms and Conditions of Use (the "Terms of Service") apply to the software
as service and all the software applications developed, hosted and offered
by INTUCEO, and all associated sites such as AWS, Azure or any environment
where Intuceo hosted by INTUCEO (including Intuceo Augmented BI hosted in
Azure market place), its subsidiaries, and affiliates, including partner
sites around the world (collectively, "Intuceo Services"). The Intuceo
Services are the property of INTUCEO and its licensors.
By creating an account (“Account”) or using Intuceo or Intuceo.com, any
Intuceo Services, you are agreeing to be bound by the Terms of Service. If
you do not agree, do not use any of the Intuceo services.
This is a legal agreement ("Agreement") between You (the "User") and
INTUCEO, for use of any of the Intuceo Services.
INTUCEO is a Florida LLC. with offices at 4110 Southpoint Blvd, Suite:126,
Jacksonville, FL: 32216, United States of America.
If you are entering into this Agreement on behalf of a company or other
legal entity, you represent that you have the authority to bind such
entity, its affiliates and all users who access the Intuceo services
through your Account to these Terms of Services, in which case the terms
"You" or "your" shall refer to such entity, its affiliates and users
associated with it. If you do not have such authority, or if you do not
agree with these terms and conditions, you must not accept this Agreement
and may not use the Intuceo Services.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between You and INTUCEO is intended or
created by this Agreement.
INTUCEO's relationship to You is that of an independent contractor, and
neither You nor INTUCEO is an agent or a partner of the other. INTUCEO will
not have, and will not represent to any third party that it has, any
authority to act on your behalf.
The Intuceo Services are currently out of Beta.
At this time, INTUCEO makes no promises or guarantees that the Intuceo
services are free of bugs or irregularities.
At this time, INTUCEO makes no promises or guarantees as to its continued
ability to provide any or all the Intuceo Services and all the current
features to the User.
At this time, INTUCEO makes no promises or guarantees as to the Services
availability (i.e., uptime), disaster recovery, system performance, and/or
scheduled downtimes for maintenance. If you are interested in a support
level agreement tailored to your specific needs, please contact us at
support@intuceo.com
Intuceo is composed of a number of software services that are offered
through a web site owned and operated by INTUCEO. Intuceo provides its
registered users with an automated method of processing data composed of a
number of data sets, which can subsequently can be transformed into
predictive models, if-then rules (“Patterns”) that can then be used to
generate predictions, Actionable Intelligence “”Insights”) available via
downloads or screen displays for data instances. You can read more about
how Intuceo works at
https://www.intuceo.com/augmented-bi.html
Intuceo is also composed of a number of REST interfaces to access the
functionalities inside the Intuceo. Intuceo provides a programmatic way to
access most of the functionality Intuceo offers through Intuceo.
Subject to the terms of this Agreement, INTUCEO hereby grants to the User,
during the term of this Agreement, a revocable, royalty-free,
non-sublicensable, non-exclusive, non-transferable, limited license to
access the Intuceo Services solely for the User's own purposes.
You will make no attempt to, and will not permit your Users or any other
third party to make any attempt to:
Alter, modify, improve, reverse engineer, disassemble, or decompile the
Intuceo Services;
Interfere in any manner with the hosting of the Applications or the Intuceo
Services associated with them;
reproduce, duplicate, or copy any portion of the Intuceo Services, use of
the Intuceo Services, or access to the Intuceo Services without the express
permission by INTUCEO, or sublicense to or transfer to a third party.
The User will be solely responsible, at its own expense, for acquiring,
installing, maintaining, and updating all connectivity equipment, hardware,
software, ancillary services and other equipment that may be necessary for
it and its Users to connect to, access, and use the Intuceo Services
including, without limitation, mobile phones, modems, hardware, software,
data plans, internet connections, land lines, and long distance or local
telephone service ("Your Equipment").
You shall be responsible for ensuring that Your Equipment or ancillary
services are compatible with the Service.
The Intuceo Services are available only to individuals who have the
capacity to form legally binding contracts under the law applicable to
these Terms of Service. Furthermore, our services are not available to
minors (under 18 years of age). If you do not qualify, you are not
permitted to use our services and no contract will be formed between you
and INTUCEO. Further, our services are not available to temporarily or
indefinitely suspended Accounts.
You must be a human to access Intuceo. All automated or programmatic
accesses need to be done through the API at Intuceo and are subject to the
Intuceo API specific Terms of Service.
You must provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process. This
information shall not be false, inaccurate, misleading, nor shall you
impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with anyone or anything.
You are solely responsible for safeguarding the password and API key (email
username and password combination or Token) that you use to access the
Intuceo Services and for any activities or actions under your password or
API key. We encourage you to use "strong" passwords (passwords that use a
combination of symbols, numbers, and upper and lower case letters) with
your Account. INTUCEO cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation.
Every time you make a change in your Account, INTUCEO will send you an
email notifying that change. [If You receive such email and You did not
perform the change please contact us immediately at support@intuceo.com.
You will neither use nor permit others to use your Account (a) for any
unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose;
(b) to create any virus, worm, Trojan horse, or harmful code; (c)for any
illegal or unauthorized purpose; (d) to violate any laws in your
jurisdiction (including but not limited to patent, copyright, trademark, or
other intellectual property laws); or(e) to alter, steal, corrupt, disable,
destroy, trespass, or violate any security or encryption of any computer
file, database, or network. If You, or a third party through your Account,
violates any of the foregoing prohibitions, INTUCEO may immediately suspend
the Services and/or terminate this Agreement without further liability or
obligation to You. Furthermore, You shall be responsible for the cost of
any services/actions INTUCEO takes to mitigate any damage caused by such
impermissible behavior.
Intuceo Services are not designed or licensed for use in hazardous
environments requiring fail-safe controls, or other mission critical
application where human life or property may be at stake including, without
limitation: operation of nuclear facilities, aircraft navigation/
communication systems, air traffic control, and/or life support or weapons
systems. You understand that the Intuceo Services are not designed for such
purposes and that its failure in such cases could lead to death, personal
injury, or severe property or environmental damage for which INTUCEO is not
responsible.
INTUCEO will use reasonable efforts to ensure that the Intuceo Services are
available 6am to 6pm in your region minimum and as long as you use it in
scenarios of Azure Market place. However, there will be occasions when the
Services will be interrupted for maintenance, upgrades, emergency repairs,
failure of telecommunications systems, equipment failures, acts of god, or
other situations.
INTUCEO will make reasonable efforts to minimize such disruption where it
is within INTUCEO's reasonable control. You agree that INTUCEO will not be
liable in any event to you or any other party for any suspension,
modification, discontinuance, lack of availability, or other termination of
the Intuceo Services.
You acknowledge and accept that there may be technical downtime with
Intuceo services. Such downtime or errors may prevent your datasets, models
or Insights being created, viewed or accessible. Intuceo shall not be
liable if the creation or access to any dataset, model or Insights is
delayed, prevented from access or displayed incorrectly by any cause beyond
our control including server downtime.
Please contact us at support@intuceo.com if you want to discuss a premium
service level agreement to meet your requirements.
You agree that your access and use of the Intuceo Services is at your own
risk.
You understand and agree that the Services is provided to you on an "AS IS"
and "AS AVAILABLE" basis.
Without limiting the foregoing, INTUCEO MAKES NO WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED
WARRANTY ARISING OUT OF THIS AGREEMENT.
INTUCEO does not warrant that (i) the service will meet your specific
requirements, (ii) the service will be uninterrupted, timely, secure,
error-free or virus-free, (iii) the results that obtained from the use of
the service will be accurate or reliable, (iv) that the quality of any
products, services, information, or other material purchased or obtained by
you through the service will meet your expectations, and/or (v) that any
errors in the Intuceo Services will be corrected. INTUCEO disclaims all
responsibility and liability for the completeness, accuracy, availability,
timeliness, security or reliability of the Intuceo Services. No advice or
information, whether oral or written, obtained from INTUCEO or through the
Intuceo Services, will create any warranty not expressly made herein.
INTUCEO will not be responsible or liable for any harm to your computer
system, loss of data, or other harm of any kind to you, your users or any
other third party that results from your access to or use of the Services,
or any Data. You agree that INTUCEO has no responsibility or liability to
you, your users, or any other third party for the deletion of, or the
failure to store or to transmit any Data and/or any other communications
maintained by the Services, or any partial or inaccurate transmission of
Data.
You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Intuceo
Services. You may not use any "deep-link", "page-scrape", "robot", "spider"
or other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or monitor
any portion of Intuceo, or in any way reproduce or circumvent the
navigational structure or presentation of Intuceo, to obtain or attempt to
obtain any materials, documents or information through any means not
purposely made available through Intuceo. INTUCEO reserves the right to bar
any such activity.
You may not attempt to gain unauthorized access to any portion or feature
of the Intuceo Services, or any other systems or networks connected to the
Intuceo Services or to any Intuceo server, or to any of the services
offered on or through the Intuceo Services, by hacking, password "mining"
or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Intuceo Services
or any network connected to the Intuceo Services, nor breach the security
or authentication measures on the Intuceo Services or any network connected
to the Intuceo Services. You may not reverse look-up, trace or seek to
trace any information on any other user of or visitor to the Intuceo
Services, or any other customer of INTUCEO, including any Account not owned
by you, to its source, or exploit the Intuceo Services or any service or
information made available or offered by or through the Intuceo Services,
in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than your own
information, as provided for by the Intuceo Services.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Intuceo Services
systems or networks, or any systems or networks connected to the Intuceo
Services. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of the Intuceo Services or
any transaction being conducted on the Intuceo Services, or with any other
person's use of the Intuceo Services.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to the Intuceo
Services or any service offered on or through the Intuceo Services. You may
not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
You may not probe, scan or test the vulnerability of the Intuceo Services
or any network connected to the Intuceo Services, nor breach the security
or authentication measures on the Intuceo Services or any network connected
to the Intuceo Services. You may not reverse look-up, trace or seek to
trace any information on any other user of or visitor to the Intuceo
Services, or any other customer of INTUCEO, including any Account not owned
by you, to its source, or exploit the Intuceo Services or any service or
information made available or offered by or through the Intuceo Services,
in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than your own
information, as provided for by the Intuceo Services.
INTUCEO reserves the right at any time to suspend temporarily or
permanently your Account with or without notice.
You may access the Intuceo Services via the API (Application Program
Interface). Any use of the API, including use of the API through a
third-party product that accesses Intuceo services is bound by these Terms
of Service plus the following specific terms:
Abuse or excessively frequent requests to Intuceo Services via the API may
result in the temporary or permanent suspension of your Account's access to
the API. INTUCEO, in its sole discretion, will determine abuse or excessive
usage of the API. INTUCEO will make a reasonable attempt via email to warn
the Account owner prior to suspension.
INTUCEO reserves the right at any time to modify or discontinue,
temporarily or permanently, your access to the API (or any part thereof)
with or without notice. If your bandwidth usage significantly exceeds the
average bandwidth usage (as determined solely by INTUCEO) of other INTUCEO
customers, we reserve the right to immediately throttle your access until
you can reduce your bandwidth consumption. Please send us a request for
premium service access if you foresee you might need special bandwidth
usage.
If you are interested in Premium Support please contact us at
support@intuceo.com. We plan to offer a highly personalized level of
service for customers seeking technical help.
You understand that all data that you input, post, transmit, stream or
upload to the Intuceo Services are your sole responsibility. This means
that You, and not INTUCEO, are entirely responsible for all Data that You
input, upload, post, stream, transmit or otherwise make available via Your
Account. INTUCEO does not control the Data analysed or modelled via the
Intuceo Services and, as such, does not guarantee the accuracy, integrity
or quality of such Data.
To use the Intuceo services, You must be the owner, have the rights to use
the data, or use public data for all data sources that you create within
Intuceo.
Your data sources cannot be obtained by fraud, involve the use of
counterfeit or stolen data, or have been obtained by other unlawful or
morally repugnant method. Your data sources cannot infringe any third
party's copyright, patent, trade mark, trade secret or other proprietary
rights or privacy laws. Your data sources cannot violate any law, statute,
ordinance or regulation (including without limitation those governing
export control or consumer protection).
Your data sources cannot create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers.
You understand and agree that INTUCEO cannot be responsible for the data
You input, post, transmit, stream, upload to the Intuceo Services.
Your data is considered confidential information by INTUCEO as set forth in
our Privacy Policy, incorporated herein by this reference. Notwithstanding
the foregoing, a party receiving confidential information will not be in
violation of this agreement regarding a disclosure that was in response to
a valid order by a court or other governmental body nor will INTUCEO be in
violation if it discovers that the User intends to use Intuceo services to
further an impermissible purpose or to commit or plan a crime.
If you find or detect a problem in the way the Intuceo Services process or
analyse your data and you want INTUCEO to analyse the problem, you must
grant INTUCEO a temporary authorization to inspect your data. Only then can
authorized INTUCEO personnel have momentary direct access to your data.
As between the parties, You retain all right, title, and interest in and to
any Your Equipment and data you input into the Intuceo Services. Datasets,
Models, and Predictions that the Intuceo Service creates using your data
are also owned by You and considered confidential by INTUCEO as per our
privacy policy.
If you use public data or public datasets as input to create your models
you understand that many other Intuceo users might create identical
datasets or models to yours.
INTUCEO retains the right to use data capture and analysis tools to
extract, compile, synthesize, and analyse any data or information resulting
from the User's use of Intuceo Services and Applications ("Blind Meta
Data"). To the extent that any Blind Data are collected by INTUCEO, that
Blind Data will be solely owned by INTUCEO and may be used by INTUCEO for
any lawful business purpose without a duty of accounting to You if the
Blind Data are used only in an aggregated form without specifically
identifying the source of the Blind Data.
INTUCEO retains the right to access and use blind meta level data generated
during the creation of your sources, datasets, models, and predictions.
These data are collected for the purpose of improving our services over
time. For example, we tune our system based on user dataset characteristics
in terms of the system speed, resource allocation like CPU power and memory
needs and specific attribute usage in your analysis so that more value add
features can be enabled into future.
INTUCEO does not inspect or access any detail of your sources, datasets,
models, or predictions or Insights.
INTUCEO does not disclose or distribute any data to a third party or use
any such data for marketing purposes. Please read our Privacy Policy for
more details.
These subscriptions are sized and priced at the discretion of INTUCEO, and
may change from time to time.
To initiate a subscription you must agree to either 1) on-premise, 2) SaaS
Subscriptions 3) Pay as you go (PAYG) or 4) 3rd party providers payment
terms:
All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes,
levies, or duties, excluding only United States (federal or state) taxes.
If you believe that INTUCEO has charged you in error, you must contact
INTUCEO within 90 days of such charge. No refunds will be given for any
charges, which are more than 90 days old.
Length of the trial period is specified by the specific subscription. All
terms of this agreement remain in effect except there is no fee for the
Intuceo services during this trial period.
INTUCEO will send you an invoice to the email Account you have provided for
each purchase for SaaS subscription via email you provided in your Account.
You retain all right, title, and interest in and to any User Equipment and
data that you input.
All right, title, and interest in and to the Intuceo Services, (excluding
Data provided by you) are and will remain the exclusive property of INTUCEO
and its licensors. The Intuceo Services are protected by copyright,
trademark, and other laws of both the United States and foreign countries.
Nothing in the Terms gives you a right to use the INTUCEO name or any of
the INTUCEO trademarks, logos, domain names, and other distinctive brand
features.
INTUCEO retains all right, title, and interest in and to all software,
materials, blind meta data and INTUCEO proprietary information and
technology used by INTUCEO, or provided to You, in connection with the
Intuceo Services, including without limitation the applications,
documentation, and any and all improvements, updates, and modifications to
them, and including all Intellectual Property Rights to them.
INTUCEO reserves any rights or licenses not expressly granted to You under
this Agreement.
Intellectual Property: You acknowledge that the ownership in any
intellectual property rights (including, for the avoidance of doubt,
patents, copyright, rights in databases, trade marks and trade names
whether registered or unregistered and subsisting anywhere in the World) in
the Intuceo Services belongs to INTUCEO or its third party licensors.
Accordingly, any part of the Intuceo Services (or its source HTML or any
other code) may not be used, transferred, copied or reproduced in whole or
in part in any manner other than for the purposes of utilizing the Intuceo
Services, meaning that you may only display it on your computer screen and
print it out on your printer for the sole purpose of viewing its content in
connection with the Services.
Patents: One or more patents owned by INTUCEO or its affiliates may apply
to the Intuceo Services and to the features and services accessible via the
API.
Trademarks: Intuceo is a trademark. It may not be used in connection with
any product or service that is not INTUCEO's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits INTUCEO.
All other trademarks not owned by INTUCEO that appear on this Site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by INTUCEO.
Copyright: All content included on the Intuceo Service, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of INTUCEO or its content
suppliers and protected by United States and international copyright laws.
The compilation of all content on the Intuceo Services is the exclusive
property of INTUCEO and protected by U.S. and international copyright laws.
All software used on the Intuceo is the property of INTUCEO or its software
suppliers and protected by United States and international copyright laws.
Feedback and Information: Any feedback, comments, or suggestions you may
provide regarding INTUCEO, or the Services is entirely voluntary and shall
be deemed to be non- confidential. INTUCEO shall be free to use such
feedback, comments or suggestions on an unrestricted basis and as we see
fit without any obligation to you.
Your privacy and the protection of your data are very important to us. We
recommend you review our Privacy Policy at Privacy Policy, which is
incorporated into this agreement and will help you understand how we
collect, use and safeguard the information you provide to us.
The best security practices drive everything we do. If you have any
questions, or encounter any issues, please contact us at
support@intuceo.com
The Terms of Service is effective immediately upon creation of an Account
or any use of the Intuceo Services and will remain effective until you
cancel your Account or until INTUCEO terminates your Account as set forth
below.
You can delete your associated data at any time. Please send an email
(“Cancellation email”) to support@intuceo.com for permanently cancelling or
deleting the Account.
All of your data will be deleted from the Service upon cancellation/deleted
in 30 days after we receive the cancellation email. This information cannot
be recovered once your Account is cancelled/deleted.
INTUCEO reserves the right to refuse service to anyone for any reason at
any time. INTUCEO, in its sole discretion, retains the right to suspend or
terminate your Account and/or refuse any and all current or future use of
the Intuceo Services, for any reason at any time. Without limiting other
remedies, INTUCEO may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your Account and/or refuse to provide the
Services to You if:
You breach any of the Terms of Service;
INTUCEO is unable to verify or authenticate any information you provide to
us to create your Account; and or
INTUCEO believes that your actions are impermissible or may create legal
liability for us.
Termination of the Intuceo Services for these circumstances results in the
deletion of your Account and all Data as well as forfeiture of all payments
in your Account.
Abuse or excessively frequent requests to Intuceo Services may result in
the temporary or permanent suspension of your Account's. INTUCEO, in its
sole discretion, will determine abuse or excessive usage. INTUCEO will make
a reasonable attempt via email to warn the Account owner prior to
suspension.
INTUCEO reserves the right at any time to modify or discontinue,
temporarily or permanently, your access to the API (or any part thereof)
with or without notice.
INTUCEO may change, suspend or discontinue the Intuceo Services totally or
partially for any reason, at any time, including the availability of any
feature. INTUCEO may also impose limits on certain features and services or
restrict your access to parts or all of the Intuceo Services without notice
or liability.
INTUCEO may change, discontinue or deprecate any APIs for the Services from
time to time but will use commercially reasonable efforts to continue
supporting the previous version of any API changed, discontinued, or
deprecated for 12 months after the change, discontinuation, or deprecation
(except if doing so (a) would pose a security or intellectual property
issue, (b) is economically or technically burdensome, or (c) is needed to
comply with the law or requests of governmental entities).
If your bandwidth usage significantly exceeds the average bandwidth usage
(as determined solely by INTUCEO for SaaS and Pay as you go or if
applicable to 3rd party subscriptions) of other INTUCEO customers, we
reserve the right to immediately throttle your access until you can reduce
your bandwidth consumption. Please send us a request for premium service
access if you foresee you might need special bandwidth usage.
If you are interested in Premium Support please contact us at
support@intuceo.com. We plan to offer a highly personalized level of
service for customers seeking technical help.
If you have not used your resources to create additional resources in the
last 3 months, INTUCEO reserves the right to terminate your Account and
delete them out of our systems.
Except for the aforementioned circumstances, INTUCEO will not delete you
models or predictions until you delete them, you cancel your Account or it
is terminated.
Unless earlier terminated as provided above, this Agreement will remain in
effect until terminated, at will, by either party.
INTUCEO's "Referral" promotion rewards users who get three new users to
sign up for a Account with a one-month Standard subscription.
Users who successfully earn subscriptions through the "Referral" promotion
will be notified via email, and their Account will reflect the
subscription.
Users who already have a monthly subscription will receive a refund
equivalent to the value of one month of a Standard monthly subscription.
Free months are rewarded at INTUCEO's discretion; INTUCEO retains the right
to not award a free month's service in the event of suspected abuse of the
program.
INTUCEO retains the right to terminate the promotion at any time.
INTUCEO will not be liable for special, incidental, direct, or
consequential damages arising out of or in connection with this Agreement,
including, but not limited to, interrupted communications, lost data, or
lost profits, even if INTUCEO has been advised of the possibility of such
damages, and notwithstanding the failure of the essential purpose of any
limited remedy in this Agreement.
INTUCEO aggregate liability arising out of your use of the Intuceo Services
will not exceed the greater of one hundred dollars ($100).
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In such cases, INTUCEO's liability will be limited to
the fullest extent permitted by applicable law.
You expressly understand and agree that INTUCEO shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if INTUCEO has been advised of the
possibility of such damages), resulting from your use of the API or
third-party products that access data via the API.
To the maximum extent permitted by applicable law, you agree to hold
harmless and indemnify INTUCEO, and its employees, officers, agents, or
other partners from and against any third party claim arising from or in
any way related to your use of the Intuceo Services (including anything you
develop using Intuceo or intuceo.com), including any liability or expense
arising from all claims, losses, damages (actual and/or consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and
nature including but not limited to any liability arising from or resulting
by your data imputed into INTUCEO or Intuceo services including
infringement of intellectual property laws or civil or criminal claims.
INTUCEO shall use good faith efforts to provide you with written notice of
such claim, suit or action. In addition, you expressly waive and relinquish
any and all rights and benefits which you may have under any other state or
federal statute or common law principle of similar effect, to the fullest
extent permitted by law.
You acknowledge that you will be solely and fully responsible for all
liabilities incurred through the use of any User ID. You will defend,
indemnify, and hold INTUCEO, its employees, officers, agents, or other
partners from and against any third-party claims arising from or in any way
related to any User Ids, including any liability or expense arising from
all claims, losses, damages (actual and/or consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature.
If anyone brings a claim against INTUCEO related to your actions, Data or
information on INTUCEO, you will indemnify and hold INTUCEO harmless from
and against all damages, losses, and expenses of any kind (including
reasonable legal fees and costs) related to such claim.
You will not transfer any of your rights or obligations under the Terms of
Service to anyone else without INTUCEO written consent. Any purported
attempt to do so without that consent is null and void.
All of our rights and obligations under the Terms of Service are freely
assignable by INTUCEO in connection with a merger, acquisition, or sale of
assets, or by operation of law or otherwise.
All notices, consents, or approvals required or permitted by this Agreement
shall be in writing and shall be deemed effective upon receipt, by INTUCEO
when sent by confirmed e- mail to support@intuceo.com or when delivered by
nationally recognized overnight courier or mailed by first class,
registered or certified mail, postage prepaid, to INTUCEO Global LLC, 4110
Southpoint Blvd, Suite:126, Jacksonville, FL:32216, USA.
All notices, consents, or approvals required or permitted by this Agreement
shall be in writing and shall be deemed effective upon receipt, by you when
sent by confirmed e-mail to the email address you provide or when delivered
by nationally recognized overnight courier or mailed by first class,
registered or certified mail, postage prepaid, to the physical address you
have provided.
When you visit the INTUCEO website (www.intuceo.com or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
All waivers must be in writing. The failure of INTUCEO to exercise or
enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision or any other right or provision on any
other occasion.
If any provision of this Agreement is unenforceable, that provision will be
changed and interpreted to accomplish the objectives of the provision to
the greatest extent possible under applicable law, and the remaining
provisions will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
This Agreement may be executed in counterparts, each of which will be
considered an original, but all of which together constitute the same
instrument.
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
The laws of your country may be different from those of Florida and the
United States in numerous respects. There is no practical way for INTUCEO
to monitor the laws of every country in detail. You accept sole
responsibility for the legality of your actions under laws applying to you.
INTUCEO's relationship to you is that of an independent contractor, and
neither party is an agent or a partner of the other. You will not have and
will not represent to any third party that you have authority to act on
behalf of INTUCEO.
Any pre-printed terms on your purchase order are expressly rejected by
INTUCEO and will be given no force or effect.
This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Florida without giving effect to any choice
or conflict of law provision or rule (whether of the State of Florida or
any other jurisdiction).
Any legal suit, action or proceeding arising out of or based upon this
agreement, the ancillary documents or the transactions contemplated hereby
or thereby may be instituted in the federal courts of the United States of
America located in Jacksonville, Florida or the courts of the State of
Florida located in Jacksonville, and each Party irrevocably submits to the
exclusive jurisdiction of such courts in any such suit, action or
proceeding.
The Parties agree that any and all disputes arising out of the terms of
this agreement, their interpretation, and any of the matters herein
released, shall be subject to arbitration in contra costa county, before
judicial arbitration & mediation services (“JAMS”), pursuant to its
employment arbitration rules & procedures (“JAMS Rules”). The
arbitrator may grant injunctions and other relief in such disputes. The
arbitrator shall administer and conduct any arbitration in accordance with
Florida law, including the Florida Rules of Civil Procedure, and the
arbitrator shall apply substantive and procedural Florida law to any
dispute or claim, without reference to any conflict-of-law provisions of
any jurisdiction. To the extent that the jams rules conflict with Florida
law, Florida law shall take precedence. The decision of the arbitrator
shall be final, conclusive, and binding on the parties to the arbitration.
The parties agree that the prevailing party in any arbitration shall be
entitled to injunctive relief in any court of competent jurisdiction to
enforce the arbitration award. The parties to the arbitration shall each
pay an equal share of the costs and expenses of such arbitration, and each
party shall separately pay for its respective counsel fees and expenses;
provided, however, that the arbitrator shall award attorneys’ fees and
costs to the prevailing party, except as prohibited by law. The parties
hereby agree to waive their right to have any dispute between them resolved
in a court of law by a judge or jury. Notwithstanding the foregoing, this
section will not prevent either party from seeking injunctive relief (or
any other provisional remedy) from any court having jurisdiction over the
parties and the subject matter of their dispute relating to this agreement
and the agreements incorporated herein by reference. Should any part of the
arbitration agreement contained in this paragraph conflict with any other
arbitration agreement between the parties, the parties agree that this
arbitration agreement shall govern.
You consent to having your personal data transferred to and processed in
the United States.
If you are located in a country embargoed by the United States, or are on
the U.S. Treasury Department's list of Specially Designated Nationals you
are now allowed to create a Account or use the Intuceo Services.
INTUCEO or Intuceo service is not a digital storage neither a backup
service. So please do not use for storing or backing up your data. Make
sure that you keep a copy of your original data elsewhere. This means that
You can push new sources of data but You cannot retrieve your data back.
Specifically, you can only preview a few lines of your data sources,
download the summaries of your datasets, download models and predictions
but not the original data source that you used to generate the datasets or
the full datasets.
This Agreement constitutes the entire agreement between you and INTUCEO and
governs your use of the Intuceo Services, superseding any prior agreements
or contemporaneous agreements between you and INTUCEO.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Intuceo Services, including the release of new tools
and resources, shall be subject to the Terms of Service.
INTUCEO reserves the right, at its sole discretion, to change, modify, add
or remove portions of this Agreement, at any time. It is your
responsibility to check this Agreement periodically for changes. Your
continued use of the Intuceo Services following the posting of changes will
mean that you accept and agree to the changes. If you do not agree to the
new terms, please stop using the Intuceo Services.
Violation of any of the terms above will result in the termination of your
Account.
Questions about the Terms of Service should be sent to support@intuceo.com