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.
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:
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.
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.
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.
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.
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.
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.
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.
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.