Terms of Service
Please read these terms carefully before using Imegah's services.
Last updated: June 20, 2023
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you and Imegah ("we," "us," or "our") concerning your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the services.
Please read these Terms carefully before using our services. By accessing or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Services
Imegah provides AI-powered automation solutions, including voice agents, chatbots, and workflow automation services. Our services are designed to help businesses streamline operations and improve efficiency through technology.
Our platform enables businesses to:
- Deploy AI-powered voice agents capable of handling customer inquiries and performing tasks
- Implement intelligent chatbots across multiple channels to engage with customers
- Automate complex business processes and workflows
- Integrate AI capabilities with existing business systems
The specific features and functionality available to you will depend on the particular service plan you select. We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice to you.
3. Account Registration and Security
To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You agree to:
- Immediately notify us of any unauthorized use of your account or any other breach of security
- Ensure that you exit from your account at the end of each session when accessing the services on a shared computer
- Not share your account credentials with any third party
- Be solely responsible for all activities that occur under your account
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provisions of these Terms or if activities occur on your account which, in our sole discretion, would or might cause damage to or violate the rights of us or others.
4. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Imegah and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Imegah.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on our platform, including but not limited to the design, structure, selection, coordination, expression, and arrangement of such content, are owned, controlled, or licensed by or to Imegah and are protected by copyright, patent, and trademark laws, and various other intellectual property rights.
Subject to your compliance with these Terms, Imegah grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the services solely for your internal business purposes. You shall not:
- Copy, modify, or create derivative works based on the services or any content therein
- Reverse engineer, decompile, or disassemble any portion of the services
- Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the services or any rights to access or use the services
- Remove or alter any proprietary notices or labels on the services or any content therein
5. User Content
By submitting content to our service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.
You are solely responsible for the content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your content.
You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any content that you provide
- The posting and use of your content on or through our services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
- The content does not contain any viruses, adware, spyware, worms, or other malicious code
We reserve the right, but are not obligated, to monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates these Terms or any party's intellectual property.
6. Prohibited Uses
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate Imegah, an Imegah employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Imegah or users of the Service or expose them to liability
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
- Use the Service to store or transmit content that infringes upon any third party's intellectual property rights or other proprietary rights
- Use the Service to store or transmit content that is obscene, defamatory, threatening, or otherwise unlawful or tortious
7. Subscription and Payment
Some of our services are offered on a subscription basis. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Unless otherwise indicated, subscriptions will automatically renew for successive renewal periods of the same duration as the initial subscription term, at the then-current non-promotional rate. To cancel your subscription, you must follow the cancellation procedures specified on our website.
With respect to any subscription:
- 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
- We reserve the right to modify our pricing at any time. Any price changes will take effect at the start of the next subscription period
- You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available
- If payment is not received by the due date, we may suspend access to the services until payment is received
If you dispute any charges, you must notify us within thirty (30) days after the date that we invoice you. We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on the website or by email, at our option, at least 30 days before the change is to take effect.
8. Limitation of Liability
In no event shall Imegah, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use or alteration of your transmissions or content
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Imegah — whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory — arising out of or relating to the use of or inability to use the services exceed the amount paid by you for the services during the twelve (12) months immediately preceding the date of the claim giving rise to such liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
9. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Imegah does not warrant that:
- The Service will function uninterrupted, secure or available at any particular time or location
- Any errors or defects will be corrected
- The Service is free of viruses or other harmful components
- The results of using the Service will meet your requirements
You acknowledge that Imegah is not responsible for any:
- User-generated content or the defamatory, offensive, or illegal conduct of any third party
- Loss or damage that may result from the use of our services, including the inability to use our services
- Damage or loss resulting from hacking, tampering, virus transmission, or other unauthorized access or use of our services
10. Indemnification
You agree to defend, indemnify, and hold harmless Imegah, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Service.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Any disputes relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts in your jurisdiction.
12. Dispute Resolution
Before commencing any legal proceeding against Imegah in connection with these Terms, the Service, or any content, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.
Any disputes that cannot be resolved informally shall be resolved by arbitration in accordance with the rules of the relevant jurisdiction. The arbitration shall be conducted in the English language, and the arbitral decision may be enforced in any court.
Notwithstanding the foregoing, Imegah may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14. Waiver
The failure of Imegah to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Imegah.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.
16. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: info@imegah.com