Please read these terms and conditions carefully before using Our Service.
Thank you for joining ImageInsight.app
ImageInsight.app (the Product) is a Saas product owned and operated by Anna Malone Coaching Ltd ((UK registered company 15947464) (The Beeches, Coopers Hill, Eversley, Hampshire, RG27 0QA) (“the Company”, “us”, “we” or “our”)
These Terms of Service along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time (“Terms”) constitute a legally binding agreement as of the Effective Date (as defined below), governing your access, use, registration and receipt of the Product
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Country refers to: United Kingdom
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Anna Malone Coaching Ltd.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Customer refers to the Company that is purchasing the licences for its authorised users. Referred to as ‘the Customer’ ‘You’ or ‘Your’ in this agreement.
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to the Image Insight Application or the Imageinsight.app Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Anna Malone Coaching Ltd, accessible from https://annamalonecoaching.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all users, guests and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service unless as a guest under Your supervision.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service
The ImaggeInsight.app cloud based service includes our products, applications, application programming interface application (API), tools and any ancillary or supplementary products and services offered online (the Services) or in Person.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We may offer, from time to time, part or all of our Services on a free, no-obligation trial and/or in connection with a free Subscription Plan to the Services for a limited duration and with limited functionality (“Trial Services”). The term of the Trial Services shall be as communicated to You within the Services, in an Order Form or separately in writing by the Company, unless terminated earlier by either You or Us, for any reason or for no reason. We reserve the right to modify, cancel and/or limit the Trial Services at any time, with or without notice, and without liability or explanation to you.
Note that we may offer, from time to time, certain Services or parts thereof as Alpha or Beta versions (“Pre-Released Services”) and we use best endeavours to identify such Pre-Released Services as such. Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
We may add, modify or discontinue any feature, functionality or any other tool within any Services and/or Sites, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Services, then we will notify you by posting an announcement on the Sites, via the Services and/or by sending you an email.
If you access and use the Sites and/or the Services, you represent and warrant that you are at least eighteen (18) years old. The Sites and/or Services are only intended for individuals aged eighteen (18) years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph.
You hereby acknowledge that your purchase of the Services hereunder is not contingent on the delivery by us of any future release of any functionality, feature or service, including without limitation any public comments we make, orally or in writing, regarding any future functionality, feature or service.
You will be entitled, in relation to the Services, to support by the Company, in accordance with the Company Service Level Agreement as may be updated from time to time.
The Company will monitor the SaaS Product during working hours Monday to Friday (excluding holidays).
The Company will perform software and platform updates as part of Customer’s Subscription (“Maintenance”). Maintenance includes all regularly scheduled error corrections, software and platform updates, and improvements to features, where the Company may, at its discretion, upgrade versions, install error corrections and apply patches to the hosted systems. The Company shall use all reasonable endeavour’s to avoid downtime due to Maintenance.
In case Maintenance will require downtime, the Company will plan this outside of Business Hours and communicate this to Customer in advance and in any case no later than 48 hours before the Maintenance commences.
Business Days are calculated as any day other than a Saturday or Sunday.
Business Hours are calculated as follows: For UK, 8am-6pm CET (7am-5pm UTC)
Should emergency Maintenance be required (e.g. in the case of a necessary security patch), the Company will make every effort to keep the inconvenience to a minimum, including by providing as much notice as is practicable under the circumstances, and to the extent practicable, minimizing downtime or degradation of services during Business Hours.
To register users to the Services for the first time, you will provide a list of named users and their email address (that is linked to Microsoft or Google account) which define your “authorised users”. This list of authorised users needs to be provided by the “Account Admin”. This will allow us to create an account for the Services (“Account”) and a defined list of authorised users. This list is to be sent to the Company by email to [email protected].
Once notified users have been added to the Service, all authorised users will be able to login to the application using their Microsoft or Google login.
When creating an Account: You (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account, User Profile and password, (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. We may assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.
The Admin(s) of an Account are deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members to the Account as authorised users.
There are two types of users; namely Authorised Users and guests. The authorised user has the ability to establish a “session” and invite guests to participate in that session. Users and Guests are designated within the Services and referred to herein, collectively as “Users”
The Customer is solely liable and responsible for whom Customer permits to become an Authorised User and the right to incur charges on the Account, the right to access, modify or share sessions, etc. The Customer is responsible for the activities of all of its Users, including Order Forms they may place and how Users use the Customer Data, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.
The Services may be purchased via an “order form” with an associated Purchase Order from the customer. (“Order Form”). Such Order Form will list, at a minimum, the Services ordered, the associated fees the subscription term as well as payment terms. If the Customer provides the Company a purchase order related to an Order Form, such is deemed to incorporate these Terms and if such contains terms in regard to the Services then such shall have no force or effect.
The Services are provided on a subscription basis for the subscription term specified in the Order Form. The subscription can be paid annually in advance or monthly in advance with fees as specified on the order form.
At the end of each period, Your Subscription will automatically renew under the terms described below in “Subscription Auto-renewal” unless the Customer cancels it, or the Company cancels it.
You may cancel Your Subscription renewal by notifying the Company no less than 30 days prior to the renewal date. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
The Company will issue invoices to reflect the services and payment terms for services as specified on the order form.
You shall provide the Company with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
In consideration for the provision of the Services (except for Trial Services), Customer shall pay us the applicable fees, as set forth in the applicable Order Form (“Fees”). Unless indicated otherwise, Fees are stated in British Pounds Sterling. Customer will remit payment to the Company upon the due date. Unless expressly set forth herein, the Fees are non-cancellable and non-refundable. We reserve the right to change the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
In order to ensure that Customer will not experience any interruption or loss of services, Customer’s Subscription includes an automatic renewal option by default. Accordingly, unless Customer cancels its Subscription in writing to: [email protected] less than 30 days prior to its expiration, (unless otherwise permitted by the Company), the Subscription to the underlying Services will automatically renew upon the end of the then applicable Subscription Term, for a renewal period equal in time to the original Subscription Term and, with a price adjustment to the existing subscription of +5% or the then Consumer Price Index (CPI) as available on the Ons.Gov.uk website. If CPI is greater than 5% we will apply the CPI (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term) In case a Customer cancels its Subscription, during a Subscription Term, the Subscription will not renew for an additional period, but Customer will not be refunded or credited for any unused period within the Subscription Term.
The Company implements reasonable security measures and procedures designed to assist in protecting your Customer Data. You can learn more on our security measures on our Security Policy which are updated from time to time.
Your privacy is important to us. As a part of accessing or using the Services and the Sites, we may collect, access, use and share certain Personal Data (as defined in the Privacy Policy) from, and/or about you. Please read our Privacy Policy which describes how the Company uses your data and content.
The Customer intends to use the ImageInsight software service and in doing so will need to provide some contact data to allow employees to access the service. Our Data Processing policy shall govern any processing of any Personal Data exchanged during the provision of the ImageInsight service and is intended to ensure that any Personal Data provided is processed in accordance with applicable Data Protection Law.
Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information (defined below) relating to, or generated by your use of the Services and/or Sites, and disclose it for the purpose of providing, operating, improving and publicizing our products and services, including the Sites and Services, and for other business purposes. “Anonymous Information” means information which does not enable identification of an individual, such as de-identified, aggregated and/or analytics information. The Company owns all Anonymous Information collected or obtained by the Company.
Our Service allows You to add Content into the Application. You are responsible for the Content that You add to the Service, including its legality, reliability, and appropriateness.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that can identify You or anyone else’s personal detail or create unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
As the Company cannot control the content added by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to save a complete and accurate copy of any Content in a location independent of the Service.
The Services and Sites, inclusive of materials, such as software, API, apps framework, design, design system, text, editorial materials, informational text, documentation, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks (excluding Customer Data), any and all related or underlying know-how, technology or intellectual property, and any modifications, enhancements or derivative works of the foregoing (collectively, “THE COMPANY Materials”), are the property of THE COMPANY and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between You and the Company. The Company retains all right, title and interest, including all intellectual property rights, in and to the Company Materials.
You acknowledges and accept that the Company has the right to use Customer’s name and logo to identify Customer as a customer of the Company or as a User of the Services, on The Company websites, marketing materials or otherwise by public announcements. Customer may revoke such right, at any time, by contacting [email protected].
Subject to the terms and conditions of these Terms, and your compliance thereof, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Services and Sites, during the applicable Subscription Term, solely for Customer’s internal business purposes.
Except as expressly permitted in these Terms, you may not, and shall not allow a User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Services or the Sites to any third party, including, but not limited to your affiliates, or use the Services in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Services or Sites, or any part thereof; (v) take any action that imposes or may impose (at the Company ’s sole discretion) an unreasonable or disproportionately large load on the Company infrastructure or infrastructure which supports the Sites or Services (vi) interfere or attempt to interfere with the integrity or proper working of the Services or Sites, or any related activities; (vii) remove, deface, obscure, or alter the Company ’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Services or Sites, or use or display logos of the Services or Sites without the Company’s prior written approval; (viii) use the Services or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Users) to do any of the foregoing.
As a User of the Services you may provide suggestions, comments, feature requests or other feedback to any of the Company Materials and Services (“Feedback”). Such Feedback is deemed an integral part of the Company Materials, and as such, it is the sole property of the Company without restrictions or limitations on use of any kind. The Company may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) irrevocably assign to the Company any right, title and interest you may have in such Feedback; and (iii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights, worldwide, in or to such Feedback.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
The term “Confidential Information” means all information disclosed in written, oral, electronic, visual or other form by either party (each a “Disclosing Party”) to the other party (“Recipient”) and either (a) marked or designated as “confidential” or “proprietary” at the time of disclosure or (b) disclosed in circumstances under which a reasonable person would understand it is to be treated as confidential. Confidential Information does not include information that (i) is or becomes a matter of public knowledge through no fault of the Recipient, (ii) was rightfully in the Recipient’s possession free of any obligation of confidence, (iii) was rightfully disclosed to Recipient by a third party without restriction as to use or disclosure, or (iv) is independently developed by Recipient without use of or reference to Disclosing Party’s Confidential Information. Recipient will hold the Confidential Information received from the Disclosing Party in confidence and will not, directly or indirectly, disclose it to any other person or entity except to Recipient’s and its Affiliates’ employees and independent contractors who have (x) a need to know, (y) been notified that such information is Confidential Information, and (z) entered into binding confidentiality obligations no less protective of the Disclosing Party than the Agreement. Recipient will protect the Disclosing Party’s Confidential Information by using the same degree of care as Recipient uses to protect its own confidential or proprietary information of a like nature (but not less than a reasonable degree of care). Recipient will promptly notify the Disclosing Party upon learning of any misappropriation or misuse of Confidential Information disclosed hereunder. Notwithstanding the foregoing, Recipient will be permitted to disclose Confidential Information pursuant to any statutory or regulatory authority or court order, provided that Recipient provides the Disclosing Party prompt prior notice (to the extent legally permitted to do so), and the scope of such disclosure is limited to the extent possible.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £100 pounds sterling if You haven’t purchased anything for the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: [email protected].
Last updated: September 07, 2024