Acceptable Use Policy

INFINCE Acceptable Use Policy

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Fingent Corp, Inc. and its affiliates (the “Services”) and the website located at infince.com (the “INFINCE Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the INFINCE Site. By using the Services or accessing the INFINCE Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or INFINCE Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the INFINCE or Fingent Site. We may:

  • investigate violations of this Policy or misuse of the Services (INFINCE) or Fingent Site; or
  • remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services (INFINCE) or the Fingent Site.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please get in touch with us at support@infince.com.

INFINCE Customer Agreement

This INFINCE Customer Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of this Service Offering (as defined below) and is an agreement between Infinite Cloud for Enterprises, Inc. (“INFINCE,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.

1. Use of this Service Offering.

  • Generally. You may access and use this offering in accordance with this Agreement. You will comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of this offering.
  • Your Account. To access the Services, you must have an INFINCE account associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Service Terms, you will only create one account per email address.
  • Third-Party Content. Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges.

2. Changes.

  • To this Service Offering. We may change or discontinue any or all of this Service Offering or change or remove functionality of any or all of this Service Offering from time to time. We will notify you of any material change to or discontinuation of this Service Offering.
  • To the Service Level Agreements. We may change, discontinue or add Service Level Agreements from time to time in accordance with Section 12.

3. Security and Data Privacy.

  • INFINCE Security. Without limiting Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.
  • Data Privacy. We will not access or use Your Content except as necessary to maintain or provide this Service Offering, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or (b) subject to Section 3.3, move Your Content from the INFINCE region; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 3.2. We will only use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content.
  • Service Attributes. To provide billing and administration services, we may process Service Attributes in the INFINCE region(s) where you use this Service Offering and the INFINCE regions in the United States. To provide you with support services initiated by you and investigate fraud, abuse or violations of this Agreement, we may process Service Attributes where we maintain our support and investigation personnel.

4. Your Responsibilities.

  • Your Accounts. Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.
  • Your Content. You will ensure that Your Content, Your Submissions and Your and End Users’ use of Your Content, Your Submissions or this Service Offering will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Your Content and Your Submissions.
  • Your Security and Backup. You are responsible for properly configuring and using this Service Offering and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content in a manner that will provide appropriate security and protection, which might include the use of encryption to protect Your Content from unauthorized access and routinely archiving Your Content.
  • Log-In Credentials and Account Keys. INFINCE log-in credentials and private keys generated by the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
  • End Users. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content, Your Submissions or use of this Service Offering. You are responsible for End Users’ use of Your Content and this Service Offering. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and this Service Offering by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.

5. Fees and Payment.

  • Service Fees. We calculate and bill fees and charges monthly. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of this Service Offering as described on the INFINCE Site using one of the payment methods we support. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the INFINCE Site unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We may elect to charge you interest at the rate of 1.5{1bfc722837505a8212f69f53974041a7c36ff4421d1d757978ac4a6c4c125005} per month (or the highest rate permitted by law, if less) on all late payments.
  • Taxes. Each party will be responsible, as required by applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive of Indirect Taxes. We may charge and you will pay applicable Indirect Taxes that we are legally obligated or authorized to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect Indirect Taxes from you. We will not collect, and you will not pay, any Indirect Tax for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which we may claim an available exemption from such Indirect Tax. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.

6. Temporary Suspension.

  • Generally. We may suspend your or any End User’s right to access or use any portion or all of this Service Offering immediately upon notice to you if we determine:(a) your or an End User’s use of this Service Offering (i) poses a security risk to this Service Offering or any third party, (ii) could adversely impact our systems, this Service Offering or the systems or Content of any other INFINCE customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;(b) you are, or any End User is, in breach of this Agreement;(c) you are in breach of your payment obligations under Section 5; or (d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
  • Effect of Suspension. If we suspend your right to access or use any portion or all of this Service Offering:(a) you remain responsible for all fees and charges you incur during the period of suspension;(b) you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.

7. Term; Termination.

  • Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 7. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods in Section 7.2.
  • Termination.(a) Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. (b) Termination for Cause.By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 6, (B) if our relationship with a third-party partner who provides software or other technology we use to provide this Service Offering expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
  • Effect of Termination(a) Generally. Upon the Termination Date:
    • except as provided in Section 7.3(b), all your rights under this Agreement immediately terminate;
    • you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period described in Section 7.3(b);
    • you will immediately return or, if instructed by us, destroy all INFINCE Content in your possession; and
    • Sections 4.1, 5, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.

    (b) Post-Termination. Unless we terminate your use of this Service Offering pursuant to Section 7.2(b), during the 30 days following the Termination Date:

    • we will not take action to remove from the INFINCE systems any of Your Content as a result of the termination; and
    • we will allow you to retrieve Your Content from the Services only if you have paid all amounts due under this Agreement.

For any use of the Services after the Termination Date, the terms of this Agreement will apply and you will pay the applicable fees at the rates under Section 5.

8. Proprietary Rights.

  • Your Content. Except as provided in this Section 8, h3we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide this Service Offering to you and any End Users.
  • Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content, Your Submissions and Suggestions; (b) you have all rights in Your Content, Your Submissions and Suggestions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or this Service Offering will violate the Acceptable Use Policy.
  • Service Offerings License. We or our licensors own all right, title, and interest in and to this Service Offering, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with this Agreement; and (b) copy and use the INFINCE Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.4, you obtain no rights under this Agreement from us, our affiliates or our licensors to this Service Offering, including any related intellectual property rights. Some INFINCE Content and Third-Party Content may be provided to you under a separate license, such as the OpenStack, or other open source licenses. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to the INFINCE Content or Third-Party Content that is the subject of such separate license.
  • License Restrictions. Neither you nor any End User will use this Service Offering in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in this Service Offering (except to the extent Content included in this Service Offering is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile this Service Offering or apply any other process or procedure to derive the source code of any software included in this Service Offering (except to the extent applicable law doesn’t allow this restriction), (c) access or use this Service Offering in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense this Service Offering. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding any Service Offerings you have used. You may only use the INFINCE Marks in accordance with the Trademark Use Guidelines. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
  • Suggestions. If you provide any Suggestions to us, we will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.

9. Indemnification.

  • General. You will defend, indemnify, and hold harmless us and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users’ use of this Service Offering (including any activities under your INFINCE account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users, Your Content or Your Submissions; (c) Your Content or Your Submissions or the combination of Your Content or Your Submissions with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or Your Submissions, or by the use, development, design, production, advertising or marketing of Your Content or Your Submissions; or (d) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (d) above at our then-current hourly rates.
  • Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

10. Disclaimers.

This service offering is provided “as is.” except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (I) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the service offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.

11. Limitations of Liability.

We and our licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the services, including as a result of any (I) termination or suspension of this agreement or your use of or access to the service offerings, (ii) our discontinuation of any or all of the service offerings, or, (iii) without limiting any obligations under the service level agreements, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the service offerings; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data. In any case, our and our affiliates’ and licensors’ aggregate liability under this agreement will not exceed the amount you actually pay us under this agreement for the service that gave rise to the claim during the 12 months before the liability arose.

12. Modifications to the Agreement.

We may modify this Agreement (including any Policies) at any time by posting a revised version on the INFINCE Site or by otherwise notifying you in accordance with Section 13.10; provided, however, that we will provide at least 90 days’ advance notice in accordance with Section 13.10 for adverse changes to any Service Level Agreement. Subject to the 90-day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use this Service Offering after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the INFINCE Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.

13. Miscellaneous.

  • Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
  • Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.
  • Force Majeure. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
  • Governing Law. The laws of the State of Washington, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
  • Disputes. Any dispute or claim relating in any way to your use of this Service Offering, or to any products or services sold or distributed by INFINCE will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate office: Fingent Corp., 235 Mamaroneck Avenue, Suite 301 Legal Affairs, White Plains, NY 10605. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Subject to Section 8.5, we and you both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
  • Trade Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use this Service Offering, including your transfer and processing of Your Content, the provision of Your Content to End Users, and the INFINCE region in which any of the foregoing occur. You represent and warrant that you and your financial institutions, or any party that owns or controls you or your financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
  • Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party nor any of their respective affiliates is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
  • Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
  • Confidentiality and Publicity. You may use INFINCE Confidential Information only in connection with your use of this Service Offering as permitted under this Agreement. You will not disclose INFINCE Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of INFINCE Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of this Service Offering.
  • 10 Notice.(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the INFINCE Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the INFINCE Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.(b) To Us. To give us notice under this Agreement, you must contact INFINCE as follows: (i) by facsimile transmission to 206-266-7010; or (ii) by personal delivery, overnight courier or registered or certified mail to Infinite Cloud for Enterprises, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, attention General Counsel. We may update the facsimile number or address for notices to us by posting a notice on the INFINCE Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
  • No Third-Party Beneficiaries. Except as set forth in Section 9.1, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
  • U.S. Government Rights. The Service Offerings are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to this Service Offering. If you are using this Service Offering on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of this Service Offering. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
  • No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
  • Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

14. Definitions.

“Acceptable Use Policy” means the policy located at the beginning of this document (and any successor or related locations designated by us), as it may be updated by us from time to time.

“Account Information” means information about you that you provide to us in connection with the creation or administration of your INFINCE account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your INFINCE account.

“API” means an application program interface.

“INFINCE Confidential Information” means all nonpublic information disclosed by us, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. INFINCE Confidential Information includes: (a) nonpublic information relating to our or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content, and existence of any discussions or negotiations between you and us. INFINCE Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the INFINCE Confidential Information.

“INFINCE Content” means Content we make available in connection with the Services or on the INFINCE Site to allow access to and use of the Services, including APIs; WSDLs; Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and other related technology (including any of the foregoing that are provided by our personnel). INFINCE Content does not include the Services or Third-Party Content.

“INFINCE Site” means infince.com (and any successor or related site designated by us), as may be updated by us from time to time.

“Content” means software (including machine images), data, text, audio, video or images.

“Documentation” means the user guides and admin guides (in each case exclusive of content referenced via hyperlink) for the Services. User guides and admin guides may be updated by INFINCE from time to time.

“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses this Service Offering under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own INFINCE account, rather than under your account.

“Indirect Taxes” means applicable taxes and duties, including, without limitation, VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.

“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).

“Policies” means the Acceptable Use Policy, Privacy Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the INFINCE Content and on the INFINCE Site, and any other policy or terms referenced in or incorporated into this Agreement, but does not include white papers or other marketing materials referenced on the INFINCE Site.

“Privacy Policy” means the privacy policy defined in this document (and any successor or related locations designated by us), as it may be updated by us from time to time

“Service” means each of the services made available by us, including those web services described in the Service Terms. Services do not include Third-Party Content.

“Service Attributes” means Service usage data related to your accounts, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics, and analytics.

“Service Level Agreement” means all service level agreements that we offer with respect to the Services and post on the INFINCE Site, as they may be updated by us from time to time.

“Service Offerings” means the Services (including associated APIs), the INFINCE Content, the INFINCE Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third-Party Content.

“Service Terms” means the rights and restrictions for particular Services defined in this document (and any successor or related locations designated by us), as may be updated by us from time to time.

“Site Terms” means the terms of use defined in this document (and any successor or related locations designated by us), as may be updated by us from time to time.

“Suggestions” means all suggested improvements to this Service Offering that you provide to us.

“Term” means the term of this Agreement described in Section 7.1.

“Termination Date” means the effective date of termination provided in accordance with Section 7, in a notice from one party to the other.

“Third-Party Content” means Content made available to you by any third party on the INFINCE Site or in conjunction with the Services.

“Trademark Use Guidelines” means the guidelines and trademark defined in this document(and any successor or related locations designated by us), as they may be updated by us from time to time.

“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your INFINCE account and any computational results that you or any End User derive from the foregoing through their use of the Services. Your Content does not include Account Information.

“Your Submissions” means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the INFINCE Site, or any other part of the INFINCE Site that allows third parties to make available software, products or data.

 

INFINCE Service Terms

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the INFINCE Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Universal Service Terms

  • You may only use this Service to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, (a) “Your Content” includes any “Company Content” and any “Customer Content” and (b) “INFINCE Content”. As part of this Service, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of this Service. You may not transfer it outside this Service without specific authorization to do so.
  • You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the INFINCE Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the INFINCE Site.
  • You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
  • If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with the illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with the law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
  • From time to time, we may offer free or discounted pricing programs covering certain uses of the Services (each, a “Special Pricing Program”). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple INFINCE accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.
  • If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
  • You will ensure that all information you provide to us via the INFINCE Site (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
  • From time to time, we may apply upgrades, patches, bug fixes or other maintenance to this Service Offering (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
  • If your Agreement does not include a provision on INFINCE Confidential Information, and you and INFINCE do not have an effective non-disclosure agreement in place, then you agree that you will not disclose INFINCE Confidential Information (as defined in the INFINCE Customer Agreement), except as required by law.
  • Beta Service Participation
  • This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by INFINCE that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Service”) or access and use Service Offerings available in INFINCE regions that are not generally available, including, but not limited to, any INFINCE regions identified by INFINCE as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”). In the event there is a conflict between the terms of this Section 1.10 and an existing INFINCE Beta Test Participation Agreement between you and INFINCE, the terms of the existing INFINCE Beta Test Participation Agreement will take precedence.
  • During the term of the applicable Beta Service or Beta Region (as specified by INFINCE), you may: (a) access and use the Beta Service or Service Offerings in any Beta Region solely for internal evaluation purposes; and (b) install, copy, and use any related INFINCE Content that may be provided to you by INFINCE in connection with the Beta Service or Service Offerings in any Beta Region (“Beta Materials”) solely as necessary to access and use the Beta Service or Service Offerings in any Beta Region in the manner permitted by this Section.
  • You agree not to allow access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings in the Beta Region or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service, Beta Region, and Beta Materials.
  • You must comply with all policies and guidelines related to any Beta Service or Beta Region as posted on the INFINCE Site or otherwise made available to you, including the Privacy Policy, Acceptable Use Policy, the Service Terms, and any additional terms and conditions for a specific Beta Service or Beta Region. INFINCE may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials at any time. If requested by INFINCE, you will promptly increase or decrease your usage of the applicable Beta Service, Service Offerings in a Beta Region or Beta Materials to the levels that INFINCE may specify. Service Level Agreements do not apply to Beta Services or any Services Offerings in Beta Regions.
  • INFINCE may suspend or terminate your access to or use of any Beta Service or Service Offerings in any Beta Region at any time and for any reason. INFINCE may at any time cease providing any or all of any Beta Service or any Service Offering in a Beta Region in its sole discretion and without notice. Beta Services and Services Offerings in Beta Regions also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. INFINCE will use reasonable efforts to notify you in advance of scheduled maintenance, but INFINCE is unable to provide advance notice of unscheduled or emergency maintenance.
  • In consideration of being allowed to access and use a Beta Service or Service Offering in a Beta Region, you agree to provide INFINCE with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by INFINCE (“Test Observations”). INFINCE will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service or Beta Region.
  • Each individual Beta Service and Service Offering in a Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Service Offering in a Beta Region or upon notice of termination by INFINCE. Notwithstanding anything to the contrary in the Agreement or these Services Terms, either you or INFINCE may terminate your participation in a Beta Service or Service Offering in a Beta Region at any time for any reason upon notice to the other party. Notwithstanding anything to the contrary in the Agreement, after the conclusion of your participation in a Beta Service or Service Offering in a Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Service Offering in the Beta Region and Beta Materials; (b) your Content used in the applicable Beta Service or Service Offering in the Beta Region may be deleted or inaccessible; and (c) you will immediately return or, if instructed by INFINCE, destroy all Beta Materials or any other INFINCE Confidential Information related to the applicable Beta Service, Service Offering in any Beta Region or Beta Materials. If INFINCE releases a generally available version of a Beta Service or a Service Offering in a Beta Region, your access to and use of the generally available version will be subject to the Agreement and any separate Section of these Service Terms as may be specified for that generally available Service Offering. If any Beta Region becomes generally available, your access to and use of Service Offerings in the generally available INFINCE region will be subject to the terms and conditions applicable to that INFINCE region. INFINCE does not guarantee that any Beta Service or Service Offering in any Beta Region will ever be made generally available, or that any generally available version will contain the same or similar functionality as the version made available by INFINCE during the term of the Beta Service or Beta Region, as applicable. INFINCE does not guarantee that any Beta Region will become generally available.
  • Beta Materials, Test Observations, Suggestions concerning a Beta Service or Beta Region, or any other information about or involving (including the existence of) any Beta Service or Beta Region are considered INFINCE Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by INFINCE in writing.
  • Additional warranty disclaimers. Without limiting any disclaimers in the agreement or the service terms, the beta services, service offerings in beta regions, beta regions and beta materials are not ready for general commercial release and may contain bugs, errors, defects or harmful components. Accordingly, and notwithstanding anything to the contrary in the agreement or these services terms, INFINCE is providing the beta services, service offerings in beta regions and beta materials to you “as is.” INFINCE and its affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the beta services, service offerings in beta regions, beta regions and beta materials, including any warranty that the beta services, service offerings in beta regions, beta regions and beta materials will be uninterrupted, error free or free of harmful components, or that any content, including your content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, INFINCE and its affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. INFINCE’ and its affiliates’ and licensors’ aggregate liability for any beta services will be limited to the amount you actually pay us under this agreement for the beta services that gave rise to the claim during the 12 months preceding the claim.
  • Because the Beta Services and Materials involve features, technologies, and services that are not yet generally available, you acknowledge that any violation of this Section 1.10 could cause irreparable harm to INFINCE for which monetary damages may be difficult to ascertain or an inadequate remedy. You, therefore, agree that INFINCE will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1.10.
  • You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark Test”) of this Service Offering; provided, however, that you may not, and may not direct or permit third-parties to, disclose results or data produced from any Benchmark Test of a Service Offering, unless: (a) such disclosure includes all information necessary for us or any third-party to completely and accurately replicate the Benchmark Test; (b) you permit us to perform Benchmark Tests of your products or services and to disclose results or data produced from such Benchmark Tests, provided that such disclosure includes all information necessary to you or any third-party to completely and accurately replicate the Benchmark test; and (c) if you perform a Benchmark Test for a third-party, directly or indirectly, in exchange for consideration, you will identify the third-party and you represent and warrant that you have procured all rights necessary for us to perform Benchmark Tests of the third-party’s products or services and to disclose results or data produced from such Benchmark Tests.

2. Consolidated Billing

Consolidated Billing has been incorporated into INFINCE Organizations.

3. INFINCE Identity ?? and Access Management (IAM) ??

  • You may use IAM to create additional sets of security credentials (the “User Credentials”) under your INFINCE account, the format of which may include a username and password, roles, policies, permissions, access keys, and/or a security token. The User Credentials are subject to change: (a) by you through the IAM APIs, or (b) if we determine in our reasonable discretion that a change is necessary. We will promptly notify you of any change we make to the User Credentials.
  • You will ensure that all use of the Services under the User Credentials complies with the terms and conditions of the customer agreement between you and us that governs your use of the Services.
  • You are responsible for all applicable fees associated with the use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your INFINCE account, including credentials that you have used IAM to create or disclose to other parties.
  • Except as otherwise provided by INFINCE, you may only use User Credentials for your internal use and may not expose your User Credentials publicly. You may not sell, transfer or sublicense or authorize the creation of User Credentials (other than public use of any key that we expressly permit you to use publicly) to any other party; provided that, you may disclose or cause to be disclosed User Credentials to your agents or subcontractors that are performing services for you, solely to allow the agents or subcontractors to use the Services on your behalf in accordance with the agreement between you and us that governs your use of the Services.
  • Any third party identity provider that you use in connection with this Service Offering is Third Party Content under the Agreement and may be provided directly to you by a third party under separate terms and conditions. You are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for an identity provider for any reason, including if the continued use of the identity service (a) poses a security or intellectual property issue, (b) is economically or technically burdensome, or (c) must be terminated to comply with the law or requests of governmental entities.

4. INFINCE Support

  • We will provide “Support” in accordance with the terms of INFINCE Support Features. INFINCE Support is available only as described in the Guidelines. If you are experiencing problems with one or more Services in connection with your use of any Content that was provided to you by a third party (someone other than yourself or INFINCE) then INFINCE Support is not available.
  • In providing INFINCE Support, INFINCE will use commercially reasonable efforts to (a) respond within the “Response Times” set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workarounds in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received.
  • Unless otherwise set forth in the Guidelines, INFINCE Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all Services during the billing period. Regardless of when you sign up or terminate INFINCE Support, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. Implementation of any suggested configurations or improvements may result in additional fees and charges. We reserve the right to refuse to provide INFINCE Support to any customer that frequently registers for and terminates the service.

INFINCE Privacy

Fingent Corp. (“Fingent”) knows that you care how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

What is covered by this Privacy Policy:

This Fingent Privacy Policy describes how we collect and use information that customers provide to us in connection with the creation or administration of INFINCE accounts, which we refer to as “Account Information”. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with a customer’s INFINCE account.

This INFINCE Privacy Policy applies to customers’ Account Information and does not apply to the content that customers store on our system, including any personal information of their end users. Fingent will not disclose, move, access or use customer content except as provided in the customer’s agreement with INFINCE. See your agreement with us for more information about how we handle content you store on our systems.

How Fingent uses Account Information:

INFINCE is wholly owned by Fingent Corp. By visiting the INFINCE site, you are accepting the practices described at http://legal.infince.com/aup

INFINCE Trademark Guidelines

  • Introduction. This INFINCE Trademark form an integral part of the INFINCE Customer Agreement (the “Agreement”) between Fingent Corp. (“INFINCE,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the INFINCE logo (as defined in Section 2 below), in connection with your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The INFINCE logos are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the INFINCE logos.
  • Definition. For the purposes of these Trademark Guidelines, “INFINCE logo” means the following trademarks, service marks, service or trade names, logos, product names, or designations of Fingent and its affiliates: (i) the “Powered by INFINCE” logo in the forms shown below (the “Logo”); and any other INFINCE logos and Services made available from time to time.
    Infince
  • Modification and Termination. You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the INFINCE logos, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the INFINCE logos that does not comply with the terms of the Agreement or these Trademark Guidelines.
  • No Affiliation or Endorsement. You will not display the INFINCE logos in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.
  • No Disparagement. You may only use the INFINCE logos in a manner designed to maintain the highest standard, quality, and reputation that is associated with the INFINCE logos and you will not use the INFINCE logos to disparage us or our products or services.
  • No Dominant Display; INFINCE logos Differentiation. You may not display any INFINCE logos as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any INFINCE logos (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the INFINCE logos from the name of Your Content and/or other surrounding text by capitalizing the first letter of the INFINCE logos, capitalizing or italicizing the entire INFINCE logos, placing the INFINCE LOGOS Mark in quotes, or using a different style or color of font for the INFINCE logos.
  • Formatting Requirements with Respect to the “Powered by INFINCE” Logo.a. No Modification. We will make the Logo image available to you upon request. You may not remove, distort or modify any element of the Logo; provided, however, you may transform the file format itself, for ease of use.b. Color. The Logo may be represented in either of the following formats: (i) black type with red blocks; or (ii) white type with white blocks. No alternate color representation or combination will be acceptable. When in grayscale, the blocks must be in (C=0, M=0, Y=0, K=0).c. Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the “Powered by INFINCE” logo) between each side of the “Powered by INFINCE” logo and other graphic or textual elements.d. Size. The Logo, as shown in Section 2 of these Trademark Guidelines, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the “Powered by INFINCE” logo shall be Inches: 1.32” x 0.54” Pixels: 127×52, or Millimeters: 33.5×13.7.e. Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: “Powered by INFINCE”.
  • 9. Permissible Uses of the INFINCE logos. Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the INFINCE logos: (i) in a relational phrase using “for” or one of the limited number of equivalent naming conventions , as set forth below; or (ii) to the right of the top level domain name in a URL in the format set forth below.
    Relational Phrases.An example of Permissible Use:
    “Application” for INFINCEEquivalents:
    You may replace “for” in the example above with any of the following, so long as the term you use is accurate when used with the INFINCE logos you use: “for use with”; “with”; “compatible with”; “works with”; “powered by”; “built on”; “built with”; “developed on”; “developed with.”URLs.An example of Permissible Use:
    www.applicationdomain.com/infinceEquivalents:
    You may replace “INFINCE” in the example above with any of the INFINCE logos, so long as your usage of the INFINCE logo is accurate.
  • Hyperlinking. You shall link each use of the INFINCE logo directly to the following URL, wherever technically feasible: http://www.infince.com. You may, alternatively, link to an INFINCE detail page for a Service used by Your Content, and if you do so, you must link to the primary URL for the Service (e.g., http://www.infince.com/[name of Service]. You may open the URL in a new browser window. You may not link the INFINCE logo to any web site other than the primary URL for the applicable Service. You may not frame or mirror any of our web site pages.
  • No Combination. You may not hyphenate, combine or abbreviate the INFINCE logo. You shall not incorporate the INFINCE logo into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the INFINCE logo in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.).
  • Attribution. You must include the following statement in any materials that include the INFINCE logo: “INFINCE Cloud, the “Powered by INFINCE Services” logo, [and name any other INFINCE logo used in such materials] are trademarks of Fingent.com, or its affiliates in the United States and/or other countries.” In addition, the INFINCE logo must be designated with the “tm” notice as indicated in Section 2 of these Trademark Guidelines.
  • No Misleading Use. You may not display the INFINCE logo in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
  • Trade Dress. You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.
  • Compliance with Law; Appropriate Activities. You may not use the INFINCE logos in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision of the Agreement, you may not display any INFINCE LOGOS Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
  • Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any INFINCE LOGOS Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the INFINCE logos. All use by you of the INFINCE logos including any goodwill associated therewith shall inure to the benefit of Fingent Corp.
  • No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the INFINCE logos (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the INFINCE logos.
  • Contact Information. If you have questions regarding your obligations under these Trademark Guidelines or questions about any INFINCE LOGOS Mark, please contact or write to us at Fingent Corp., 235 Mamaroneck Avenue, Suite #301, White Plains, NY 10605.

Flavour details

Get Started

[contact-form-7 404 "Not Found"]