Updated: 2 February 2020


1. Definition, Applicability and Acceptance

These Terms of Use constitute an agreement (the “Agreement” or “Terms of Use”) between Infiniconcept (“Infiniconcept”, “we”, “us”, or “our”) and you (“customer”, “you”, or “your”). This Agreement sets forth the legally binding terms and conditions for your use of software created by Infiniconcept in the form of Amazon Alexa Applications, Bixby Capsules and other software provided by Infiniconcept (collectively referred to as the “Applications” in this policy) executed on Amazon Alexa, Google Assistant, personal computer, or other software or hardware execution platforms (collectively referred to as the “Execution Platforms”).

Your access to and use of the Applications is conditioned on your acceptance of and compliance with these Terms. By enabling and using the Applications you agree to be bound by these Terms. If you disagree with any part of the terms then you may not use the Applications.

You represent to us that you have the authority to enter this agreement and that you have read and fully understand and agree to the terms and conditions of this agreement. You make this representation and agreement each time you activate or use a Skill created by us.

This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2. Privacy and Security

Please refer to our Privacy Policy available here: https://www.infiniconcept.com/legal/skills-privacy-policy.html for details of handling sensitive and potentially personally identifiable information. This Privacy Policy must be accepted as part of accepting this Agreement.

3. Rules and Conduct

As a condition of use, you promise not to use the Applications for any purpose that is prohibited by these Terms of Use. You will only use the Applications in a manner that complies with all laws that apply to you. You are responsible for all of your activity in connection with the Applications. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Applications.

By way of example, and not as a limitation, you will not, and will not permit any third party to, use the Applications in any manner that:

  • infringes or violates the intellectual property rights or any other rights of any person or entity;
  • violates any law or regulation, including but not limited to all applicable local, state, national and international laws and regulations;
  • is harmful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • jeopardizes the security of your Execution Platform or Infiniconcept account or anyone else’s account;
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • constitutes unauthorized or unsolicited advertising;
  • involves commercial activities and/or sales without Infiniconcept’s prior written consent, such as telemarketing, contests, advertising, or any other use to generate income for yourself or others as a result of using the Applications;
  • is intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Infiniconcept or any third party; or
  • impersonates any person or entity.

You will not (directly or indirectly) without explicit written consent from Infiniconcept: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Skill, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Skill, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

4. Intellectual Property Rights

All intellectual property rights, including patents, copyrights, trademarks, service marks or other intellectual property rights in and to the Skill remain the sole and exclusive property of Infiniconcept. Nothing in this Agreement will be construed as granting any of these rights to you.

You understand that Infiniconcept owns the Skill and you may not sell, rent, lease, distribute, or provide the Skill to a third party using the Skill without our prior written consent.

5. Termination

We may in our absolute discretion terminate your access to all or any part of the Skill at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Skill.

6. Indemnification

You will defend, indemnify, and hold harmless Infiniconcept, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the Skill, your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Infiniconcept reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

7. Warranty Disclaimer

We make no representations or warranties, express or implied, regarding the Skill or your use thereof. This disclaimer of warranties includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, any warranty arising by usage of trade, course of dealing or course of performance, or any warranty that the Skill will meet your requirements. Without limiting the foregoing, we do not warrant that the Skill will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data, or information, or that the Skill is error free. Any statements and descriptions concerning the Skill by Infiniconcept or its agents or representatives are informational and are not given as a warranty of any kind. Some states or countries do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

Infiniconcept reserves the rights to modify, suspend or terminate any of its services or applications without prior notice. You shall not seek reimbursement for any purchases made in connection with or within the applications and services, or for any direct, indirect or consequential damages or losses related to termination of any of the services or applications.

8. Limitation of Liability

Infiniconcept and its legal representatives, employees, affiliates, agents, assigns, or any other service provider who provides services to you or us in connection with the device or your use of the Skill, shall not be liable under any circumstances for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages, including any damages arising from or in connection with personal injury, wrongful death, property damage, loss of data, loss or connectivity, loss of service, loss of revenue or profits, or the use or inability to use the service. The limitations set forth herein will survive and apply in any and all circumstances including claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.

You shall not seek to recover any damages (including without limitation direct, consequential, lost profits, special, indirect or incidental damages) Infiniconcept, its legal representatives, affiliates, agents, assigns, or any other service provider who provides services to you or us in connection with the device or your use of the Skill outside of the conditions set forth in these Terms.

9. Governing Law and Arbitration

This Agreement and the relationship between you and us are governed by the laws of the United Kingdom without regard to its conflict of law provisions.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this terms of service, you and us are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

10. Miscellaneous

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

11. Changes

We may revise, amend, or modify this Agreement at any time and in any manner by posting such changes here and/or on our website. You should review this Agreement regularly for changes, and can easily identify if changes have been made by checking the “updated” date at the top of this page. Your continued use of the Applications for a reasonable period of time following the posting of any changes to this Agreement means you accept such changes. This Agreement may not be amended or modified by you.

12. Contact Details

If you have any questions regarding the Terms of Use please check our website www.infiniconcept.com or contact us via email at info@infiniconcept.com.

13. Change History

  • Minor updates to section 7: 2 February 2020
  • Minor updates: 26 October 2019
  • Initial version: 25 February 2018