Terms of Service

Welcome to InteliGemsLabs® developer of Versational®.  InteliGems, Inc. This is how you may use Versational® online and/or mobile services, website, and software provided on or with InteliGems Labs’ service and features.

By accessing or using Versational®, an application that improves conversations for remote meetings, sales, product marketing, market research, recruiting, and other uses provided by InteliGems®Labs ("we", "us", or "our"). You ("User" or "you") agree that you have read, understood, and are bound by these Terms of Service ("Terms"). These Terms govern your access to and use of Versational®. The Terms applies to organizations that use our Service (each a “Client”), as well as all visitors, users, and others who access the Service and any associated software, platforms, and services (collectively, the "Service").

When you “Sign In” (or similar button, checkbox, or language) or you access or use the Service and Websites, whichever is earlier, you agree that you have read and understood, and, as a condition to your use of InteliGems Labs, the Service, and Websites, you agree to be bound by this Terms of Use, including InteliGems Labs Privacy Policy (together, “Agreement”).

You may use the Service only if you can form a binding contract with InteliGems Labs, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Anyone under 18 is strictly prohibited from using the Service. The Service is not available to any Users previously removed from InteliGems Labs, whether for violation of this Agreement or otherwise.

InteliGems Labs' Versational platform is engineered to enhance communication across various professional settings such as remote meetings, sales, product marketing, market research, and recruiting through a sophisticated suite of applications and tools. The Service leverages advanced algorithms and user-friendly interfaces to facilitate more effective and efficient interactions. Key features of Versational include:

3.1 Versational AI: Utilizes artificial intelligence to analyze and improve conversation dynamics, providing real-time insights and suggestions to enhance user engagement and communication effectiveness.

3.2 Comprehensive Tool Integration: Integrates seamlessly with various digital tools and platforms, ensuring that users can leverage the full potential of Versational without disrupting existing workflows.

3.3 Customizable Interfaces: Offers customizable user interfaces that cater to the specific needs of different professional environments, enhancing user experience and accessibility.

3.4 Data Handling and Privacy: Ensures robust data management practices, where user data is handled with the utmost confidentiality and integrity, aligning with InteliGems Labs' strict privacy policies.

3.5 Interactive Extensions: Includes interactive online extensions and applications that extend the functionality of the Service to various online platforms, enhancing user interaction and service accessibility.

Versational by InteliGems Labs is designed to be a dynamic and integral tool for businesses looking to optimize their communication processes across multiple channels and platforms, ensuring that every interaction is impactful and efficient.

4.1 Account: The registered account through which Users access the Service.
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4.2 Customer Content or Customer Materials: means any data, text, information, business frameworks, logic, content or materials provided by or created by Users to the Service.
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4.3 Service: Refers to Versational and any associated software, platforms, and services provided by InteliGems Labs.
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4.4 User: Any individual or entity that uses the Service.

InteliGems Labs owns and operates the Service, retaining all rights, titles, and interests, including intellectual property rights protected by applicable laws and treaties.

Users cannot:
5.1 Reproduce, modify, translate, reverse engineer, or create derivative works of the Service
5.2 Rent, lease, or sublicense the Service
5.3 Circumvent security features of the Service

All visual elements, code, data, and materials provided are the property of InteliGems Labs or its licensors. Users can only use these materials as expressly permitted.

While feedback is appreciated, InteliGems Labs can use it without compensating users, and users are not obligated to provide feedback.

InteliGems Labs requires users to provide accurate personal information when creating an account. Users are solely responsible for activities on their account and must notify InteliGems Labs immediately of any security breaches or unauthorized access.

6.1 Users commit to:
6.1.1 Not providing false personal data or creating accounts for others
6.1.2 Not misrepresenting their identity or impersonating others
6.1.3 Not creating new accounts if their previous one was disabled
6.1.4 Keeping contact information up-to-date
6.1.5 Not sharing account access or jeopardizing account security
6.1.6 Not transferring accounts without permission
6.1.7 Not making unsolicited offers or harvesting user data without consent
6.1.8 Consenting to receive service-related notices via email

6.2 To maintain safety, users agree not to:
6.2.1 Collect user content/data or access the service through automated means without permission
6.2.2 Upload viruses, malware, or other malicious code
6.2.3 Solicit login information or access others' accounts
6.2.4 Bully, defraud, threaten, intimidate, or harass users
6.2.5 Post hate speech, threats, pornography, violence, or nudity
6.2.6 Develop third-party apps with mature content
6.2.7 Violate third-party intellectual property rights
6.2.8 Use the service for unlawful, misleading, malicious, or discriminatory purposes
6.2.9 Disable, overburden, or impair the service's functionality
6.2.10 Sell or transfer their rights under the terms
6.2.11 Facilitate or encourage violations of the agreement or policies

Users must help keep InteliGems Labs safe by complying with these commitments.

7.1 User Content "User Content" refers to any content, information, and materials (textual, audio, or visual) that you provide, submit, upload, publish, or make available through the Service.
7.1.1 You are solely responsible for your User Content and ensuring compliance with applicable laws, including obtaining necessary consents.
7.1.2 InteliGems Labs is not liable for any User Content, errors, omissions, or losses related to User Content.
7.1.3 InteliGems Labs reserves the right to delete any User Content that violates this Agreement or laws.
7.1.4 By making User Content available, you grant InteliGems Labs a worldwide, irrevocable, non-exclusive, transferable, royalty-free license to use, access, modify, distribute, and exploit such User Content on or through the Service.
7.1.5 You are responsible for compliance with recording laws, and by using the Service, you consent to InteliGems Labs storing recordings of meetings or webinars you join.

7.2 Your Data
7.2.1 You retain all rights, titles, and interests in any data, information, or content ("Customer Data") provided to or via the Service.
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7.2.2 You grant InteliGems Labs a non-exclusive, worldwide, and sublicensable license to use, process, transmit, store, and disclose Customer Data:
7.2.2.1 During the Agreement term, to provide the Service.
7.2.2.2 In perpetuity, in an aggregated and de-identified form for business purposes, including improving and developing products and services.

7.2.3 InteliGems Labs will not sell or share your Customer Data with third parties, except as necessary to provide the Service.
7.2.4 Your non-public and proprietary business information, including plans, technology, processes, and recordings, is considered "Confidential Information."
7.2.5 InteliGems Labs will use commercially reasonable efforts to prevent unauthorized use or disclosure of your Confidential Information and notify you of any unauthorized access or use.

You have control over your User Content. When you request deletion of any or all of your User Content, we will:

8.1 Immediately and permanently remove it from the Services, though it may take some time during which it remains accessible to others.
8.2 Copies may persist on our backup servers.

When you uninstall or remove the Service, we will permanently delete your User Content and data provided to us, unless you consent to us retaining it.

We respect others' rights, and we expect you to do the same. You will not post content or act on InteliGems Labs and Service in a way that infringes, misappropriates, or violates someone else's rights or applicable laws, rules, or regulations.

We reserve the right to remove any content or personal information you post on InteliGems Labs if we believe it violates this Agreement or our policies. If you infringe others' intellectual property rights, we may disable your account at our sole discretion.

You will not use our artwork, copyrights, or trademarks without our express written consent, and you will not post anyone's identification documents or sensitive financial information on InteliGems Labs.

While we are not obligated to edit, control, or monitor any User Content or third-party content on the Service, we may investigate and determine, at our sole discretion, whether any User Content violates these Terms. We reserve the right to screen, edit, or remove any User Content at any time.

You agree that we reserve the right to monitor any User Content from time to time. If we choose to monitor content, we assume no responsibility or liability for that content or its use. During monitoring, information may be examined, recorded, copied, and used under our Privacy Policy.

The Service may contain links to third-party websites. These links are provided for convenience only, and InteliGems Labs does not endorse or associate with those websites, their content, or operators.

InteliGems Labs does not control and is not responsible for the availability, accuracy, content, advertising, products, or services of third-party websites. You access them at your own risk.

InteliGems Labs disclaims any responsibility for third-party websites and cannot be liable for claims arising from them. We reserve the right to limit or remove links to third-party websites at our sole discretion.

By linking your Account with third-party service providers, you represent that you are entitled to disclose your login information and grant InteliGems Labs access without breaching terms or obligating fees. InteliGems Labs may access and store content from your third-party accounts.

Your relationship with third-party providers is governed solely by your agreements with them. InteliGems Labs does not review third-party content and is not responsible for it.

11.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTELIGEMS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, SERVICES, OR OUTPUT, EVEN IF INTELIGEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Limitation of Total Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELIGEMS'S AND ITS AFFILIATES', LICENSORS', AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, SERVICES, OR OUTPUT WILL NOT EXCEED THE FEES PAID BY YOU TO INTELIGEMS FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

Either party may terminate these Terms for any reason at any time by written notice. After cancellation, you will no longer have access to your Account or information.

We reserve the right to refuse Service to anyone at any time. We may terminate or limit your right to use the Service if we believe you have breached this Agreement, effective immediately upon notice. You are prohibited from creating a new Account after termination.

This Agreement remains enforceable against you even after termination or limitation of your Service access. InteliGems Labs reserves the right to take legal action, including arbitration.

InteliGems Labs may modify or discontinue all or part of the Service at its sole discretion without liability to you. We have the right to restrict registration if necessary to address safety, integrity, or business concerns.

After Account termination or cancellation, we reserve the right to delete all your data, including User Content, which cannot be recovered.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify InteliGems Labs, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “InteliGems Labs Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:

13.1 Your unauthorized use of, or misuse of, the Service.
13.2 Your violation of these Terms or any applicable law or regulation.
13.3 Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
13.4 Any dispute or issue between you and a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations for that matter), and in that case, you agree to cooperate with our defense of those claims.

14.1 Billing and Payment
Payment and any other expenses must be paid through the third-party payment processing system (PSP) indicated on the Services. You may need to register with the PSP, agree to their terms of service, provide payment details, and go through a vetting process to set up an account (PSP Services Agreement).

By accepting these Terms, you agree that you have reviewed and agreed to the PSP Services Agreement. InteliGems Labs is not a party to the PSP Services Agreement and has no obligations, responsibilities, or liabilities under it.
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All prices and fees displayed are exclusive of applicable taxes, fees, or charges, which will be calculated based on your billing address. Unless stated otherwise, all prices are in U.S. dollars, and payments shall be in U.S. currency.

14.2 Pricing
InteliGems Labs reserves the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information on the website up-to-date, but you should check periodically for current pricing.We may change fees for any Service feature, including introducing new or additional fees, by providing notice before the changes apply. We may offer promotional pricing with different features to any customers, but these offers will not apply to your offer or these Terms unless made directly to you.

If you are using a free trial, proof of concept, beta, or any other free-of-charge version of InteliGems and Service, including related support services provided at InteliGems' sole discretion (collectively, "Trial Services"), InteliGems makes such Trial Services available until the earlier of: (i) the end of the free trial or proof of concept period or beta testing period as communicated by InteliGems; (ii) the start date of any purchased version of such InteliGems Service; or (iii) written notice of termination from InteliGems.
InteliGems grants User a non-exclusive, non-transferable right to access and use the Trial Services for internal evaluation purposes only. Any data entered or configurations made during the Trial Services Period will be permanently lost unless User purchases a subscription or exports such data before the end of the trial period.
InteliGems provides the Trial Services "as is" and "as available" without any warranties or representations of any kind. User assumes all risks and costs associated with the use of Trial Services.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR INTELIGEMS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE INTELIGEMS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

These Terms shall be governed by and construed following the laws of the State of Nevada, without regard to its conflict of law provisions.

If you are in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on InteliGems Labs (such as advertising or payments).

We reserve the right to modify these Terms and the features and functionality of the Service at any time. We will provide you with notice of significant changes to the Terms or the Service.

In the event of a dispute, the parties will attempt to resolve the issue through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration following the rules of the American Arbitration Association. Detailed procedures for initiating mediation or arbitration, potential fees, and timelines will be provided upon request.

We follow the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about the content posted on the Service, you may contact our designated agent at the following address:

InteliGems Inc.
1887 Whitney Mesa Dr #1420
Henderson, NV 890114-2069.
privacy@inteligems.io

21.1 Any notice alleging that content hosted by or distributed through the Service infringes intellectual property rights must include the following information:
21.1.1 an electronic or physical signature of the person authorized to act for the owner of the copyright or other right being infringed.
21.1.2 a description of the copyrighted work or other intellectual property that you claim has been infringed.
21.1.3 a description of the material that you claim is infringing and where it is located on the Service.
21.1.4 your address, telephone number, and email address.
21.1.5 a statement by you that you have a good faith belief that using the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
21.1.6 a statement by you that the above information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We will promptly terminate the access (if any) of users that are determined by us to be repeat infringers per our policy.

If you have any questions about these Terms, please contact us at info@inteligems.io.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.