THE AGREEMENT
The use of this website and services on this website provided by einsteini(hereinafter referred to as “Company”) is governed by the following Terms & Conditions (hereinafter the “Agreement”), including all its parts and sub-parts incorporated by reference. This Agreement applies to all pages on this website (collectively referred to as the “Website”) and any services provided by or on this Website (“Services”). engagex is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of einsteini nor does LinkedIn Corporation have any association with einsteini.
Definitions
The parties referred to in this Agreement shall be defined as follows:
- Company, Us, We: The Company as the creator, operator, and publisher of the Website makes the Website and certain Services on it available to users. engagex, Company, Us, We, Our, Ours, and other first-person pronouns will refer to the Company as well as all employees and affiliates of the Company.
- You, the User, the Client: You as the user of the Website will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
Assent & Acceptance
By using the Website, you confirm that you have read and reviewed this Agreement and agree to be bound by its terms. If you do not agree to these terms, please exit the Website immediately. The Company will only provide access to the Website and its Services if you consent to this Agreement.
Age Restriction
You must be at least 15 (fifteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 15 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
License to Use Website
The Company may provide you with certain materials as a result of your use of the Website or Services. These materials may include but are not limited to documentation, data, or information developed by the Company as well as other resources to assist you in using the Website or Services (“Company Materials”).
Under this Agreement, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials exclusively in connection with your use of the Website and Services. Please note that the license fee paid for engagex is non-refundable. The Company Materials must not be used for any other purpose, and this license will terminate when you cease using the Website or Services or upon termination of this Agreement.
User Obligations
As a user of the Website or Services, you may be required to register with us by selecting a user identifier, which could be your email address or another term, along with a password. You may also need to provide personal information such as your name. It is your responsibility to ensure that this information is accurate as it is necessary for accessing and using the Website and Services.
You must not share your identifying information with any third parties. If you discover that your identifying information has been compromised, you agree to notify us immediately in writing, and email notification will be acceptable. You are responsible for safeguarding your identifying information and for updating us with any changes.
Providing false or inaccurate information or using the Website or Services for fraudulent or unlawful purposes may result in the immediate termination of this Agreement.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Services purchased are subject to a one-time payment per monthly or yearly subscription period. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscription Period
The Services or some Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually) depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription Cancellations
You may cancel Your Subscription renewal either through Your Account settings page on our website or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
Early Cancellation: You may choose to cancel your subscription early at your convenience, provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.
Billing
You will keep your contact information, billing information, and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your account. All payment obligations are non-cancellable, and all amounts paid are non-refundable except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you purchase on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
In-App Purchases
The Application may offer In-App Purchases, allowing you to buy products, services, or subscriptions directly within the app.
For details on managing In-App Purchases, please refer to the terms and conditions of the Application Store or the Help settings on your device.
In-App Purchases are only usable within the Application. Once you initiate the download of an In-App Purchase, it cannot be canceled. Additionally, In-App Purchases cannot be redeemed for cash, exchanged, or transferred.
If an In-App Purchase fails to download or does not function properly after download, we will investigate the issue upon becoming aware of it or receiving notification from you. We will make reasonable efforts to provide a replacement or a patch to fix the issue at no additional cost. If we are unable to resolve the issue within a reasonable timeframe, or if it causes significant inconvenience, we will authorize the Application Store to issue a refund up to the cost of the In-App Purchase. Alternatively, you may request a refund by contacting the Application Store directly.
You acknowledge that all billing and transactions for In-App Purchases are managed by the Application Store and are subject to its terms and conditions.
For any payment-related issues with In-App Purchases, please contact the Application Store directly.
Acceptable Use
You agree to use the Website and Services solely for lawful purposes and in accordance with the terms outlined in this clause. You must not use the Website or Services in any manner that could harm the Website, Services, or the Company’s business.
Specifically, you agree not to:
- Harass, abuse, or threaten others or infringe upon anyone’s legal rights;
- Violate any intellectual property rights of the Company or third parties;
- Upload or disseminate any computer viruses or harmful software that may damage another’s property;
- Commit or facilitate fraud;
- Engage in or create unlawful gambling, sweepstakes, or pyramid schemes;
- Publish or distribute obscene or defamatory content;
- Publish or distribute material that incites violence, hate, or discrimination against any group;
- Illegally collect information about others.
Reverse Engineering & Security
You agree not to:
- Reverse engineer, decompile, or disassemble any code or software associated with the Website or Services;
- Violate the security of the Website or Services by attempting unauthorized access, bypassing encryption or other security measures, engaging in data mining, or interfering with any host, user, or network.
Data Loss
The Company is not responsible for the security of your account or content. You acknowledge and agree that your use of the Website or Services is at your own risk.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates (if applicable) from any and all legal claims and demands, including reasonable attorney’s fees, arising from or related to your use or misuse of the Website or Services, any breach of this Agreement, or your actions or conduct. The Company reserves the right to choose its own legal counsel and participate in its defense if it so desires.
Spam Policy
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities. This includes but is not limited to collecting email addresses and personal information from others or sending mass commercial emails.
Third-Party Links & Content
The Company may occasionally include links to third-party websites or services on the Website. You acknowledge and agree that the Company is not responsible or liable for any loss or damage resulting from your use of any third-party services linked from our Website.
Modification & Variation
The Company may, at its discretion and without prior notice, modify this Agreement at any time. You acknowledge that the Company has the right to make changes to this Agreement and that such modifications will be effective immediately upon posting on the Website. All modifications or updates will supersede any previous versions of the Agreement unless specifically referenced or incorporated into the current version.
If any part or sub-part of this Agreement is deemed ineffective or invalid by a court, you agree that the previous valid version of this Agreement will remain enforceable to the fullest extent.
You are responsible for regularly reviewing this Agreement and noting any changes as indicated by the Effective Date at the top of the document. It is also advisable to clear your cache to ensure you are accessing the most recent version. Your continued use of the Website after any modifications indicates your acceptance of the updated Agreement.
If you do not monitor changes to the Agreement, your failure to do so will be considered a waiver of your right to review the modified terms.
Entire Agreement
This Agreement represents the complete and exclusive understanding between the Parties regarding the use of this Website. It supersedes and replaces all prior agreements or understandings, whether written or oral, related to the use of this Website.
Service Interruptions
The Company may need to interrupt access to the Website for maintenance or emergency purposes, whether scheduled or unscheduled. You acknowledge that your access may be affected by unexpected downtime or other issues, and you agree that the Company is not liable for any damage or loss resulting from such interruptions.
Term Termination & Suspension
The Company reserves the right to terminate this Agreement at any time with or without cause. This includes termination for violations of the terms outlined herein, such as infringing on intellectual property rights, failing to comply with applicable laws, or distributing illegal material. If you have an account with us, you may also terminate this Agreement by contacting us and requesting termination. Upon termination, any provisions that naturally survive termination will remain in effect.
Limitation On Liability
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services to the fullest extent permitted by law.
No Warranties
You acknowledge that your use of the Website and Services is at your own risk and that the Services are provided on an “As Is” basis. The Company expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose and merchantability. The Company does not guarantee that the Website or Services will meet your requirements, be uninterrupted, error-free, or secure. Additionally, the Company does not warrant the reliability or accuracy of any information available on the Website or obtained through the Services. You accept full responsibility for any damage to your computer system or data loss resulting from your use of the Website or Services, and the Company will not be liable for any such damage or loss.