These Terms of Use constitute a legally binding agreement made between Intelligo (“Intelligo”, “we”, “us”, “our” ) and you, whether personally or an entity for whose use and on whose behalf you purchase an Intelligo Product or service （“you”）, concerning your use of (including any access to): the Intelligo website located at www.intelligofree.com and other websites we operate (our “Intelligo Websites”); the software applications we make available for download or access at our Websites, in the Google Play, App Store or Huawei AppGallery or other mobile service provider locations or other locations we indicate (“Apps”); and any Intelligo products (“Intelligo Products” ). and our data services available through the internet to users of Intelligo Products or Software Apps that provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated by an Intelligo Product or Software App (“Intelligo Services”); as well as any email or other messages that you receive from us. YOU ARE ENTITLED TO USING INTELLIGO WEBSITES, INTELLIGO PRODUCTS AND INTELLIGO SERVICES ONLY AFTER YOU AGREE WITH THESE TERMS OF USE.
All of the following terms are a single legal agreement between you and Intelligo.
The information provided on the Intelligo Websites 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 Intelligo Websites 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.
Intelligo Websites, Products and Services are not for medical decision making.
You understand that Intelligo is not a healthcare professional and does not provide medical, health or other professional services or advice, nor do we verify the authentication and accuracy of User Data. Intelligo Products and Services are not replacement for proper medical care, and you agree that the user is solely responsible for obtaining proper treatment for his or her conditions. Certain information on the Websites and Apps relates to products and services offered by Intelligo, which is for your general education and information only. Information you read on the Websites and Apps cannot replace the relationship between a health care professional (e.g., a physician) and a patient. If you think that you are having a medical emergency while using our product, refer to you doctors and healthcare professionals before you make any medical decisions.
- Do NOT use or rely on Intelligo Products and Services or any associated materials for any medical purpose or decision.
- Do NOT rely on Intelligo Products and Services for any real-time alarms or time critical data.
- Do NOT use or rely on Intelligo Products and Services for treatment decisions or use as a substitute for professional healthcare judgement.
- Any part of the system can fail at any time. Always seek the advice of a qualified healthcare professional for any medical questions.
You may provide the information and reports received from Intelligo Products and Services to certain third parties selected by you at your own responsibility.
Intellectual property rights
Unless otherwise indicated, the Intelligo Products, Services and Websites are our proprietary property and all resources code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of which (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Marks are provided on Intelligo Websites, Products and Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Intelligo Websites, Products and Services and no Content or Marks maybe copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use Intelligo Websites, Products and Services, you are granted a limited license to access and use them and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Intelligo Websites, Products and Services, the Content and Marks.
An ® following a name on our Websites and Products indicates that the trademark has been registered in the US, Europe or other country. A ™ following a name indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be other special rules for the use of materials provided on certain parts of the Websites and Products.
If you use the materials or trademarks on the Websites, Products and Services in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with Intelligo by violating copyright, trademark, and other laws. May such happen, Intelligo automatically revokes your permission to use the Websites and Apps (Intelligo products and services). Title to the materials remains to Intelligo or the authors of the materials contained on the Websites, Products and Services.
User representations
By using Intelligo Websites, Products and Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction which you reside; (3) you will not access Intelligo Websites, Products and Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use Intelligo Websites, Products and Services for any illegal or unauthorized purpose; and (5) your use of Intelligo Websites, Products and Services will not violate any applicable law or regulation.
User generated contributions
Intelligo Websites, Products and Services do not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Intelligo Websites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”). Contributions may be viewable by other users of Intelligo Websites, Products and Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with Intelligo Websites, Products and Services Privacy Policy.
Contribution License
You agree that we may access, store, process and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding Intelligo Websites, Products and Services, you agree that we can use and share such feedback for any purpose without compensation to you.
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 statement or representations in your Contributions provided by you in any area on Intelligo Websites, Products and Services. You are solely responsible for your Contributions to Intelligo Websites, Products and Services and you expressly and agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Submissions
You acknowledge and agree that any questions, comments, ideas, feedback or other information regarding Intelligo Websites, Products and Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to us the unrestricted and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensations to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us from any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Intelligo Websites management
We reserve the rights but not the obligation, to : (1) monitor the Intelligo Websites for violation of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, 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 any of your Contributions or portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Intelligo Websites in a manner designed to protect our rights and property and to facilitate the proper functioning of Intelligo Websites.
Intelligo Products and Services management
Intelligo has the right to change the Intelligo Products and Services, for example, add new App features, develop additional services to support new functionality, and offer new integrations, as determined from time to time by Intelligo in its discretion by notifying you of such changes by any reasonable means, including our posting of a notice on our Website or Software App.
Subject to applicable law, your continued use of the applicable Intelligo Service or Software App, for seven (7) days without objecting the change, after any such change is acceptance of the change. We reserve the right to introduce new features or functionality for which the payment of fees may be required. If you do not agree with the changes, you have the right to discontinue your use of the Intelligo Websites, Products and Services.
Prohibited activities
You may not access or use Intelligo Websites, Products and Services for any purpose other than for which we make the Intelligo Websites, Products and Services available. Intelligo Websites, Products and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You will not, and you will not permit anyone under your control to, do or attempt to do any of the following:
- Use Intelligo Websites, Products and Services to harm, threaten, or harass any person or organization;
- Use Intelligo Websites, Products and Services for commercial purposes or to benefit any third party;
- Use or attempt to use any unauthorized means to modify, reroute, or gain access to Intelligo Websites, Products and Services;
- Damage, disable, overburden, interfere with or impair Intelligo Websites, Products and Services (or any network or device connected to Intelligo Websites, Products and Services);
- Enable unauthorized third-party applications to access Intelligo Websites, Products and Services or interface with any Intelligo Websites, Products and Services;
- Share your account password or otherwise authorize a third party to access or use Intelligo Websites, Products and Services on your behalf unless we provide an approved mechanism;
- Sublicense or transfer any of your rights under these Terms of Use;
- Modify, copy or make derivative works based on any Intelligo Websites, Products and Services;
- Reverse engineer or derive the source code for any components of Intelligo Websites, Products and Services, except to the extent such restriction is expressly prohibited by applicable law;
- Create Internet “links” to or from any Intelligo Service or “frame” or “mirror” any content which forms part of any components of Intelligo Websites, Products and Services;
- Use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any components of Intelligo Websites, Products and Services, or to copy or scrape data from any components of Intelligo Websites, Products and Services;
- Use unauthorized software or hardware to access any components of Intelligo Websites, Products and Services or to modify any components of Intelligo Websites, Products and Services in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades or unauthorized downloads).
Changes of Terms of Use
Supplemental terms and conditions or documents that may be posted on Intelligo Websites, Products and Services from time to time are hereby expressively incorporated herein by reference. We reserve the right, in our sole discretion, to make changes and modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use 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 Terms of Use by your continued use of the Intelligo Websites after the date such revised Terms of Use are posted.
Modifications and interruptions
We reserve the right to change, modify, or remove the contents of Intelligo Websites, Products and Services at any time or for any reason at our sole discretion without notice. However, we may notice you about updates of information on Intelligo Websites, Products and Services. We reserve the right to modify or discontinue all or part of Intelligo Websites, Products and Services with prior notice to you. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Intelligo Websites, Products and Services.
We cannot guarantee that Intelligo Websites, Products and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Intelligo Websites, Products and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Intelligo Websites, Products and Services at any time or for any reason with prior 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 site during any downtime or discontinuance of Intelligo Websites, Products and Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support Intelligo Websites, Products and Services or to supply any correction, updates or release in connection therewith.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Intelligo Websites, Products and Services. To the extent permitted by applicable law, we reserve the right in our sole discretion, without limiting any other provision of these Terms of Use, to suspend or terminate Intelligo Websites, Products and Services, or suspend or terminate your right to use any Intelligo Websites, Products and Services, as it determines for any valid reason. To the extent reasonable, we will notify you at least twenty-four (24) hours in advance of any such suspension or termination.
If you materially violate these Terms of Use (including any use of Intelligo’ s resources that exceeds or circumvents Intelligo’ s reasonable restrictions, such as accesses, calls or other uses of any application programming interface or server resources that Intelligo makes available), we can immediately suspend or terminate your right to use Intelligo Websites, Products and Services. In addition, we have no obligation to support any version of Intelligo Websites, Products and Services once a new version is released.
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 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.
Disputes and Governing Law
To the extent permitted by applicable law, and subject to the country-specific provisions below, except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and Intelligo, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a “dispute”), will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Intelligo and you are each waiving the right to trial by a jury. You agree that any arbitration under these Terms of Use will take place on an individual basis. You further agree that class arbitrations and class actions are not permitted, and that you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the Judicial System Netherlands under its consumer arbitration rules, as amended by these Terms of Use.
Except to the extent prohibited by applicable law, the terms of these Terms of Use are governed by the laws of Netherlands, without regard to its principles of conflicts of law and regardless of your location.
No Warranties
- Except to the extent required by applicable law, and except for any limited warranty included in the applicable Intelligo product’s labeling, Intelligo products, Intelligo services and software apps are provided “as-is” and on an “as available” basis without any warranty, express or implied, and you use Intelligo products, Intelligo services and software apps at your own risk.
- Except to the extent that such limitation is prohibited under applicable law, Intelligo disclaims all implied warranties or conditions, including any implied warranties of merchantability, fitness for a specific purpose or use, quiet enjoyment, accuracy, operation, compliance with documentation and non-infringement. Intelligo disclaims, and these Terms of Use does not include, the provisions of the uniform computer information transactions act, the uniform commercial code, the un convention on contracts for the international sale of goods, and any other provisions implied into these Terms of Use if not disclaimed.
- Intelligo does not make any warranties that Intelligo products, Intelligo services, software apps, or any data or reports provided by Intelligo, will meet your requirements, be retrievable, uninterrupted, timely, secure, or error-free or that all errors will be corrected.
- Intelligo does not make any warranty as to the results that may be obtained from the use of Intelligo Products, Services or Websites.
- Intelligo does not warrant any third-party device, smart device, software, service or data that you may use in connection with any Intelligo product, software app or Intelligo service, whether or not such third-party item is described in, or available or can be connected to through, any Intelligo Products, Services or Websites.
- No information or communications, whether oral or written, obtained by you from or through Intelligo, Intelligo Products, Services or Websites will create any warranty, except for any limited warranty included in the applicable Intelligo product’s labeling. This does not apply to your rights with respect to defective or faulty Intelligo products.
- Intelligo does not warrant the accuracy of any user device, and the user data uploaded from any user device and received by Intelligo is provided to the user “as-is.” Intelligo does not assume any obligation to, and does not warrant that it will, create or include additional features or functionality for Intelligo Products, Services or Websites.
- Except as included in any Intelligo product labeling, and without limiting your rights under applicable law, if you are dissatisfied with any portion of Intelligo Products, Services or Websites, your sole and exclusive remedy is to discontinue their use.
Corrections
There may be information on the Intelligo Websites, Products and Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct and errors, inaccuracies, or omission and to change or update the information on Intelligo Websites, Products and Services at any time, without prior notice.
Liability limitations and your responsibility
- Subject to paragraph (7), to the maximum extent permitted under applicable law, in no event will Intelligo ‘s affiliates, licensors, suppliers and other third parties with which Intelligo has a contractual relationship (including its and their officers, directors, employees, consultants, and agents) have any liability whatsoever arising from or relating to Intelligo products, Intelligo services, software apps, or these Terms of Use, whether for direct or any other type of damages whatsoever.
- Subject to paragraph (7), except to the extent that such limitation is prohibited under applicable law, neither Intelligo, its affiliates, nor its or their officers, directors, employees, agents, or suppliers (collectively, “Intelligo Parties”) shall be liable for any damages arising from the use of or inability to use Intelligo Products, Services or Websites.
- Subject to paragraph (7), except to the extent that such limitation is prohibited under applicable law, none of the Intelligo parties shall be liable for any consequential, unforeseeable, indirect, incidental, special, punitive or exemplary damages or damages resulting from loss of data or business interruption whether the claim of damages are based on warranty, contract, tort (including negligence), extra-contractual liability, strict liability or any other legal theory, even if Intelligo, its affiliates or a person affiliated with either of them has been advised of the possibility of damages excluded in this section, and even if such exclusions cause these Terms of Use or any remedy to fail of its essential purpose.
- Subject to paragraph (7), except to the extent that such limitation is prohibited under applicable law, none of the Intelligo parties shall be liable for total damages for all claims arising from or relating to these Terms of Use, Intelligo products, Intelligo services and/or software apps in an aggregate amount greater than $500.
- Subject to paragraph (7), except to the extent that such exclusion or limitation is prohibited under applicable law, none of the Intelligo Parties shall be liable for the actions or omissions of a user or any third party.
- Subject to paragraph (7), some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you, and you may have certain additional rights. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law, and these Terms of Use will be deemed modified to the minimum extent necessary to comply with such applicable law.
- Nothing in this section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Intelligo or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Intelligo; (c) any breach of an essential contractual duty; (d) any willful misconduct on the part of Intelligo; (e) for UK residents, section 12 of the sale of goods act 1979; or (f) any term which cannot be excluded by virtue of sections 31, 47 and 57 of the consumer rights act 2015.
- Your responsibility. Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Intelligo, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through Intelligo services or software apps, (2) your use of Intelligo Products, Services or Websites, (3) your violation of these Terms of Use, or (4) your violation of any rights of any other person or entity.
Notices, questions or complaints
Except as expressly provided elsewhere in these Terms of Use, we will provide any notice under these Terms of Use by email to your email address. You will provide any notice under these Terms of Use to Intelligo (or contact us regarding any question or complaint) by mail. If you have a question or complaint regarding the service, and you are in a jurisdiction where you have purchased an Intelligo product through a third-party distributor, please contact the third-party distributor from whom you purchased your Intelligo product.
Severability
In the event that any court holds any provision of these Terms of Use to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these Terms of Use will remain in full force and effect and enforceable according to their terms.
Assignment
We may assign these Terms of Use in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via email, APP or Website). You may not assign these Terms of Use or transfer any rights to use Intelligo Products, Services and Websites.
Apple-Specific Terms (if applicable).
In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of any Software App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for any Software App. Apple is not providing any warranty for any Software App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any Software App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Software App, including any third-party product liability claims, claims that any Software App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of any Software App, including those pertaining to intellectual property rights, must be directed to Intelligo. The license you have been granted herein is limited to a non-transferable license to use a Software App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Use. In addition, you must comply with the terms of any third-party agreement applicable to you when using any Software App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.
Relationship, No Third-Party Beneficiaries.
Our relationship with you is as an independent contractor, and nothing in these Terms of Use creates an agency or partnership. Except for Intelligo’ s licensors, Apple and Apple’s subsidiaries (if applicable), there are no third-party beneficiaries to these Terms of Use.
On behalf of Intelligo B.V.
| 01.04.2022 | ||
| Date |
Contact Us
Privacy Office
Keizersgracht 421,
1016EA Amsterdam,
Netherlands
privacyoffice@intelligofree.com
Be sure to include your name, address, and email address if you want to receive a response by email. Otherwise, we will respond by postal mail within the time required by applicable law.