These Terms and Conditions between you and Information Architects AG, located at Rütistrasse 48, 8044 Zürich, Switzerland (“iA”), govern your use of the iA Accounts (“Accounts”) product, software, services, and websites (collectively the “Service”).
By using the Service, you agree to these Terms and Conditions. Please read them carefully.
iA is the provider of the Service, which permits you to utilize certain internet services, including sharing your personal content (such as text, images, and videos) and making it viewable on compatible devices and computers, only as set forth in these Terms and Conditions. Accounts are registered when you purchase iA Writer (“Writer”) or iA Presenter (“Presenter”) (collectively the “Apps”) through iA, or when you choose to create an Account in one of our Apps, for example when you enable iA Sharing (“Sharing”).
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms and Conditions.
By creating an Account or using the Service, you represent that you have either reached the age of “majority” or “legal responsibility” where you live, or your parent or legal guardian agrees to be bound by these Terms and Conditions on your behalf. If you do not know whether you have reached the age of “majority” or “legal responsibility” where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and Conditions and are responsible for all use of the Account or the Service, including purchases, whether the minor’s account is now open or created later.
Use of the Service may require compatible devices, certain software, and internet access; may require periodic updates; and may be affected by the performance of these factors. iA reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
You agree to use the Service only for purposes permitted by these Terms and Conditions, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account may be allocated storage capacity, as described below. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth or storage capacity is prohibited and may prevent you from sharing content. If your use of the Service or other behavior intentionally or unintentionally threatens iA’s ability to provide the Service or other systems, iA shall be entitled to take all reasonable steps to protect the Service and iA’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in the termination of your Account.
iA reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the Service, provided that iA will give you 30 days’ notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of iA’s reasonable control. With respect to paid Accounts services, iA will not make any material adverse change to the Service before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of iA’s reasonable control. In the event that iA does make material adverse changes to the Service or terms of use, you will have the right to terminate these Terms and Conditions and your Account, in which case iA will provide you with a pro rata refund of any pre-payment for your then-current paid term. iA shall not be liable to you for any modifications to the Service or terms of service made in accordance with this section.
Support is available through email. Contact details are available at https://ia.net/support.
When you purchase one of the Apps through iA, or when you choose to create an Account in one of our Apps, for example when you enable Sharing, an Account is created using the email address you provide. The Account allows you to manage information, including but not limited to any of the following: contact information, payment details, features and services, purchases, and subscriptions.
When you use Sharing, iA stores text, music, graphics, photographs, images, sounds, videos and any other like materials (collectively the “Content”) until you delete them, or until they reach an expiration date, which is provided to you at the time of sharing. You can access your Content from the Apps that were used to share the Content. When you share Content via a public link, this Content will be publicly available to anyone who has been provided with or has access to the public link. If you want to stop sharing the Content, you may delete it at any time.
Several purchase options may be available to you, including but not limited to:
When you purchase an App Subscription, you are granted an ongoing access to the App on platforms that are included in the subscription, as described on the App feature pages at the time of purchase. Supported platforms and platform versions may be added or removed at a later date at the sole discretion of iA. Your Account is allocated 1 GB of storage capacity per active App Subscription.
When you purchase a Single Platform License for one of the Apps, you are granted access to a specific version of the App on a specific version of the platform, as described in the App feature pages at the time of purchase. Supported platform versions may be added or removed at a later date at the sole discretion of iA. A Single Platform License cannot be exchanged for another Single Platform License. Minor App updates are free, but major updates may require additional purchases. On a promotional basis, your Account may be allocated 1 GB of storage, valid for 1 year since the date of purchase. When the promotional offer expires, you must purchase the Sharing+ Subscription in order to continue to use Sharing features.
When you upgrade to the Sharing+ Subscription, you are granted access to the additional features and storage space, as described in the feature pages at the time of purchase. Features may be added or removed at a later date at the sole discretion of iA.
By you purchasing an App subscription or by you upgrading to the Sharing+ Subscription service, iA will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the payment method associated with your Account. iA may also obtain pre-approval for an amount up to the amount of the transaction and contact you periodically by email to the email address associated with your Account for billing reminders and other subscription-related communications.
You can change your subscription by upgrading or downgrading your plan on the Accounts website, located at https://accounts.ia.net.
The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual or monthly billing date. You are responsible for the timely payment of all fees and for providing iA with valid credit card or payment account details for payment of all fees. If iA is unable to successfully charge your credit card or payment account for fees due, iA reserves the right to revoke or restrict access to your stored content, delete your stored content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online on Accounts website; this may temporarily disrupt your access to the Services while iA verifies your new payment information. We may contact you via email regarding your Account, for reasons including, without limitation, reaching or exceeding your storage limit for your selected plan.
If you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan, following the commencement of any renewal term, you may do so by informing Customer Support with a proof of purchase.
For yearly subscriptions, you may get a full refund to the original method of payment provided that the purchase was made within the last 30 calendar days.
For monthly subscriptions, you may get a full refund to the original method of payment providing that the purchase was made within the last 48 hours.
For Single Platform Licenses, you may get a full refund to the original method of payment providing that the purchase was made within the last 30 calendar days.
To meet the cancellation deadline, you must send your communication of cancellation before the applicable refund period has expired. We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. We reserve the right to issue refunds or credits at our sole discretion, unless otherwise required by law.
Subscriptions through Apple App Store are governed by Apple Media Services Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/.
We will reduce your storage back to 1 GB of storage capacity per active App subscription. If you have used more than 1 GB of storage capacity per active App Subscription during this period, you may not be able to share any more Content until you have reduced your storage.
If you are taking part in any trial-period offer, you may be required to cancel the trial Service within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service at the end of the trial period.
From time to time, iA may offer the Service for free for a trial period. iA reserves the right to charge you for the Service (at the normal rate) if iA determines (in its reasonable discretion) that you are abusing the terms of the offer.
We may change the price of the Service at any time, and if you have a subscription, we will notify you by email or other appropriate manner at least 14 days before the price change. If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect.
A. The Service, or any feature or part thereof, may not be available in all languages or in all countries and iA makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
B. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and iA is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your Content. We recommend that you regularly backup Content that you store on the Service.
As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify iA of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account details with another individual. Provided we have exercised reasonable skill and due care, iA shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the Service, you must enter your email, and an authentication code sent by the Service to your email. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Account Data”), and you agree to update your Account Data to keep it accurate and complete. Failure to provide accurate, current and complete Account Data may result in the suspension and/or termination of your Account. You agree that iA may store and use the Account Data you provide for use in maintaining and billing fees to your Account.
Specific components or features of the Service provided by iA may require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.
Nothing in these Terms and Conditions shall be construed to convey to you any interest, title, or license in a domain name or similar resource used by you in connection with the Service.
Unless otherwise required by law, you agree that your Account is non-transferable and that any rights to your Account or content within your Account terminate upon your death. Upon receipt of a copy of a death certificate, your Account may be terminated and all content within your Account deleted. Contact Customer Support for further assistance.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
Content means any information that may be generated or encountered through use of the Service, such as text, music, graphics, photographs, images, sounds, videos and any other similar materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not iA, are solely responsible for any Content you upload, download, post, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. iA does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Accounts user, an iA employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (iA reserves the right to reject or block any Account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload) or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP/IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (spoofing);
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or
k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
You acknowledge that iA is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, iA reserves the right at all times to determine whether Content is appropriate and in compliance with these Terms and Conditions, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms and Conditions or is otherwise objectionable.
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. iA shall use reasonable skill and due care in providing the Service, but iA does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
iA reserves the right to take steps iA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions. You acknowledge and agree that iA may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, as iA believes is reasonably necessary or appropriate, if legally required to do so or if iA has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms and Conditions, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of iA, its users, a third party, or the public as required or permitted by law. You acknowledge that iA is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, consistent with iA’s privacy policy, iA reserves the right at all times to determine whether Content is appropriate and in compliance with these Terms and Conditions, and may prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms and Conditions or is otherwise objectionable.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Customer Support. iA may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms and Conditions, you may report it by sending an email to report-abuse@ia.net.
Except for material we may license to you, iA does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content in areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant iA a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content in areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
You understand that in order to provide the Service and make your Content available thereon, iA may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits iA to take any such actions.
iA, the iA logo, Writer logo, Presenter logo, service marks, graphics, and logos used in connection with the Service may be trademarks or registered trademarks of iA. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You acknowledge and agree that iA and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (“Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms and Conditions. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
The use of the software or any part of the service, except for use of the service as permitted in these Terms and Conditions, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
From time to time, iA may choose to offer new and/or updated features of the Service (“Beta Features”) as part of a Beta Program (“Program”) for the purpose of providing iA with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and iA, and that iA is not obligated to provide you with any Beta Features. iA may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that iA may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program are governed by these Terms and Conditions and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. iA strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. You assume all risks and all costs associated with your participation in any program, including, without limitation, any internet access fees, backup expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. iA may or may not provide you with technical and/or other support for the Beta Features. If support is provided, it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that iA provides to you in order to receive any such support. iA reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that iA has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, iA will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, iA will be free to use any feedback you provide for any purpose.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of Switzerland and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into a prohibited destination country under export control or sanctions regulations or (b) to any prohibited destination or persons or entities on the Swiss State Secretariat for Economic Affairs (SECO) sanctioned persons lists or any similar lists maintained by other countries. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by Swiss law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of these Terms and Conditions.
From time to time, iA may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
You may delete your Account and/or stop using the Service at any time. To terminate and delete your Account, contact Customer Support. If you terminate and delete your Account, you will not have access to other products and services that you set up with that Account. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these Terms and Conditions), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
iA may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of these Terms and Conditions or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, iA will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by iA in its sole discretion and iA will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, iA may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of iA’s reasonable control. iA shall not be liable to you for any modifications to the Service or terms of service in accordance with this section.
Upon termination of your Account, you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, Apps, and Content. In addition, after a period of time, iA will delete information and data stored in or as a part of your Account. Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because iA may have no control over such third-party sites and/or materials, you acknowledge and agree that iA is not responsible for the availability of such sites or resources and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that iA shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth below may not apply to you.
iA shall use reasonable skill and due care in providing the service. the following disclaimers are subject to this express warranty.
iA does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time iA may remove the service for indefinite periods of time, or cancel the service in accordance with these terms and conditions.
You expressly understand and agree that the service is provided on an “AS IS” and “AS AVAILABLE” basis. iA and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in particular, iA and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the service will be corrected.
iA does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and iA disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage.
Some jurisdictions do not allow the exclusion or limitation of liability by service providers. To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you.
iA shall use reasonable skill and due care in providing the service. the following limitations do not apply in respect of loss resulting from (a) iA’s failure to use reasonable skill and due care; (b) iA’s gross negligence, willful misconduct or fraud; or (c) death or personal injury.
You expressly understand and agree that iA and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if iA has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Service (ii) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (v) statements or conduct of any third party on the service; and (vi) any other matter relating to the service.
Notwithstanding any other terms in these Terms andConditions, if the consumer contract act of Japan applies, terms that limit iA’s liability for damages arising from breach of contract or tort committed by iA shall not apply if such damage is due to iA’s intentional misconduct or gross negligence.
To the extent not prohibited by law, you agree to defend, indemnify and hold iA, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms and Conditions; (d) any action taken by iA, acting reasonably, as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred; or (e) your violation of any rights of another. This means that you cannot sue iA, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision, acting reasonably, to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of iA’s conclusion that a violation of these Terms and Conditions has occurred. This waiver and indemnity provision apply to all violations described in or contemplated by these Terms and Conditions. This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that these Terms and Conditions applies to any and all usage of your Account. You agree to comply with these Terms and Conditions and to defend, indemnify and hold harmless iA from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
iA may provide you with notices regarding the Service, including changes to these Terms and Conditions, by email to your Account email address or by postings on our website and/or the Service.
These Terms and Conditions and the relationship between you and iA shall be governed exclusively by the laws of Switzerland, without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any disputes arising out of or related to these Terms and Conditions shall be the competent courts located at the domicile of iA.
These Terms and Conditions constitute the entire agreement between you and iA, govern your use of the Service and completely replace any prior agreements between you and iA in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of iA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this service, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Last revised: May 1, 2024