Terms and Conditions

Owner and Data Controller


RecoMind


Owner contact email: info@recomind.io


This document, together with the Privacy Policy and any other policies or guidelines posted at recomind.io, and associated websites, (the “Agreement”) is a contract between you (“you”) and RecoMind and, where applicable, its affiliates, (“The Owner”) concerning the conditions associated with your use of the recomind.io website, and associated websites, (the “Websites”). By using or accessing the Websites you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Websites.


Conditions relating to use of the Websites

You need a supported Web browser to access the Websites. You acknowledge and agree that The Owner may cease to support a given Web browser and that your continuous use of the Websites will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Websites are incumbent on the performance of your computer equipment and your Internet connection.

As a condition to your use of the Websites, you agree not to:

  1. Impersonate or misrepresent your affiliation with any person or entity;

  2. Access, tamper with, or use any non-public areas of the Websites or The Owner’s computer systems;

  3. Attempt to probe, scan, or test the vulnerability of the Websites or any related system or network or breach any security or authentication measures used in connection with the Websites and such systems and networks;

  4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites;

  5. Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Websites;

  6. Provide payment information belonging to a third party;

  7. Use the Websites in an abusive way contrary to its intended use, to its documentation or to The Owner’s instructions;

  8. Systematically retrieve data or other content from the Websites to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  9. Infringe third party intellectual property rights when using or accessing the Websites.

The Owner will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. The Owner may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although The Owner has no obligation to monitor your access to or use of the Websites, it has the right to do so for the purpose of operating the Websites, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body


Termination

The Owner also reserves the right to suspend access to or remove the Websites at any time at its discretion and without notice. For example, The Owner may suspend or terminate your use of the Websites if you are not complying with the present Agreement, or use the Websites in a manner that would cause The Owner legal liability, disrupt the Websites or disrupt others' use of the Websites.

The Owner reserves the right to temporarily or permanently discontinue the Websites at any time. The Owner will deploy commercially reasonable efforts to notify you of such discontinuation.


Proprietary Rights

All right, title, and interest in and to the Websites and the content therein are and will remain the exclusive property of The Owner and its licensors. The Websites are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Websites or their content. The Owner grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Websites and the Content for your own personal purposes as an individual consumer.


Disclaimer of Warranty and Limitation of Liability

To the full extent allowed by applicable law, The Owner makes no warranty or representation regarding the service, including that the service will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, without problems or error free, or that all errors in the service will be corrected. The Owner provides the service “as is” and “as available”.

To the full extent allowed by applicable law, The Owner warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed.

To the full extent allowed by applicable law, in no event shall The Owner and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the service, whether foreseeable or not, and even if The Owner had been advised of the possibility of such damages. in the event that The Owner is found liable to pay you any damages, The Owner’s total cumulative liability to you under this agreement shall not exceed $100. The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.


Indemnification

You agree to defend, indemnify, and hold harmless The Owner, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Websites.


Amendments

The Owner reserves the right to make modifications to this Agreement from time to time in order to adapt it to any changes in applicable laws or our activities. The date of the latest version of this Agreement is indicated at the bottom of this page. By continuing to use our Websites, you are consenting to any changes to this Agreement.


General Provisions

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.

This Agreement is the entire and exclusive agreement between The Owner and you regarding the Websites, and this Agreement supersedes and replaces any prior agreements between The Owner and you regarding the Websites.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.


Contact

In case of any questions or comments regarding this Agreement, please communicate with us using the following email: info@recomind.io.


Latest update: September 1, 2020