Terms and conditions of use

Last updated: 21 September 2020

Indigo.ai welcomes you to our website at https://indigo.ai (the "Website").
These Terms apply when you use our Website, our mobile applications and when you place orders via social media applications (such as our Facebook app) (collectively, the "Service"). The purpose of the Service is to provide access to our automated chat/chat services. To ensure a safe and pleasant environment for all of our users, we have established these Terms of Use. This way you will know what you can expect from us and what we expect from you.

Property, trademarks and patents

The Indigo.ai "Website" and "the Service" are operated by Indigo.ai s.r.l. with registered office in Via Torino 61, 20123, Milan (MI) (the "Company").

Third-party suppliers

Some features of the Service may depend on third party providers, such as a wireless carrier or social media platform. We do not control such third party service providers and are not responsible for their actions or omissions. In addition, a third party provider may use its own terms of use, policies and guidelines. You should familiarize yourself with all such terms of use, policies or guidelines before using the Service through a third party service provider.

Property rights

You acknowledge that the Service contains information, data, software, photographs, graphics, video, typefaces, graphics, music, sounds and other material (collectively, "Content") that are protected by copyright, trademark or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under Italian copyright law and the Company or its affiliates or other third party licensors may hold a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or exploit in any way any of the Content, in whole or in part. If no specific restrictions appear, you may use the Content only for your personal, non-commercial use and make copies of selected portions of the Content, provided that you make copies only for your personal use and that you retain all notices in the Content, such as all copyright, trademark, or other proprietary rights notices.

Third-party content on the website

The Company is a distributor and not a publisher of Content provided by third parties on the Service. Any opinions, advice, statements, services, offers or other information constituting part of the Content expressed or made available by third parties, including Suppliers, Vendors, Sponsors, Licensors or any users of the Service, are those of their respective authors or distributors and not those of Company or its affiliates or any of its officers, directors, employees or agents. NEITHER COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY SUPPLIER, VENDOR, SPONSOR, LICENSOR OR ANY OTHER USER OF THE SERVICE, WARRANTS THE ACCURACY, OR USEFULNESS OF ANY CONTENT, OR ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In many cases, the Content available through the Service represents the opinions and judgments of the respective Supplier, Vendor, Sponsor, Licensor, subscriber, customer or user, regardless of their contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, presentation, publication or statement made on the Service by anyone other than Company's authorized employees. Under no circumstances shall Company, or its Affiliates, or any of their respective officers, directors, employees or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Service. It is your responsibility to evaluate the information, opinions, advice or other content available through the Service.

Copyright agent (manager)

The Company respects the rights of all copyright owners and has adopted and implemented a policy to terminate, as appropriate, the privileges and membership of users who infringe the copyrights of copyright owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the Company's Copyright Agent/Director (identified below):

  1. The physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. The identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are identified in a single report, a representative list of such works at that website;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. The information is reasonably sufficient to enable us to contact the complainant;

  5. A statement by the complainant that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;

  6. A statement that the information contained in the report is accurate and, under penalty of misrepresentation, that the complaining party is authorised to act on behalf of the owner of an allegedly infringed property right.

The Company's Copyright Agent/Complaint Manager, who is responsible for handling complaints and claims of copyright infringement in relation to this site, can be reached as follows:

Copyright Agent/Complaint Manager
Enrico Bertino
indigo.ai
email: e@ndg.ai

User contributions

The Company does not claim ownership of any Content submitted or made available for inclusion in the Service. However, with respect to all such Content, including, but not limited to: creative ideas, suggestions, content, postings, illustrations, materials or other submissions via email, feedback, public forums or in any other manner (collectively, "User Submissions"), you hereby grant Company and its Affiliates the perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, license, distribute, create derivative works from, and exploit such "User Submissions" throughout the world and in any manner, including on this Service or any other website, in television programs, radio, books, magazines, articles, commentaries, and through any other means now known or hereafter developed without consent. You further warrant that you own or otherwise control all of the rights to any "User Submissions" that you submit to or post on the Service or otherwise transmit to the Company and that our publication and/or any other public or private use of such "User Submissions" will not violate the rights or claims of any third party. You acknowledge that you are not now or in the future entitled to any compensation for any "User Submissions" that you may submit or post.

No "User Submissions", however they may be qualified by you, will be received by us in confidence, nor will they be subject to any express or implied obligation of confidentiality. Neither the Company nor any of its affiliates, nor any of their respective officers, directors, agents or employees shall be liable for any use or disclosure of any "User Submission".

Except as otherwise specified herein and to the fullest extent permitted by law, you, your heirs and assigns waive all rights and remedies that they may have, advance and/or pursue against the Company, its Affiliates, or any of their respective officers, directors, employees or agents now or in the future, and hereby release the Company, its Affiliates, and all of their respective aforementioned entities from any and all claims, demands, actions or suits, damages, obligations and/or liabilities, losses and expenses of any kind relating to the provision, publication, transmission or making available, via the "User Submissions" Service, to the Company, or to the Company receiving, evaluating and using the User Submissions.

In addition, the Company may, at our sole discretion, at any time and without prior notice, terminate any public forum and suspend any other part of the Service or your subscription and/or registration that violates even one of these Terms of Use as well as any rules, regulations or guidelines or for any other conduct that we, in our sole discretion, believe violates these Terms of Use.

Use of public forums

A "public forum" means any message board, chat room, discussion group, folder, survey, questionnaire, contest, review and rating forum available to users and publicly accessible, or other interactive service or promotion on or accessible through the Service, and includes both public forums and folders. You must use, subscribe or register in accordance with the instructions you will find on the Service in order to participate or contribute to any public forum. You may not upload or post to any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing/offending, defamatory, invasive of another's privacy, in violation of intellectual property or other rights, or that is vulgar, obscene sexually explicit, profane/blasphemous, racially, hatefully or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise be likely to violate any applicable local, state, national or international law. You agree not to use a false e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of any communication or other Content, or attempt to do any such thing. You may not use public forums for commercial purposes. You may not submit or post any material that requires funds or that advertises or solicits the purchase of goods or services. You may not post or publish any User Submissions or material that you know, or should know, to be false. You may not submit or post any messages regarding stocks or other securities. You may not submit, post or transmit any information, software or other material that contains viruses or other harmful components.

A "public forum" means any message board, chat room, discussion group, folder, poll, questionnaire, contest, review and rating forum available to users and publicly accessible or other interactive service or promotion on or accessible through the Service and includes both public forums and folders. You must use, subscribe or register in accordance with the instructions you will find on the Service in order to participate or contribute to any public forum. You may not upload or post to any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing/offending, defamatory, invasive of another's privacy, in violation of intellectual property or other rights, or that is vulgar, obscene sexually explicit, profane/blasphemous, racially, hatefully or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise be likely to violate any applicable local, state, national or international law. You agree not to use a false e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of any communication or other Content, or attempt to do any such thing. You may not use public forums for commercial purposes. You may not submit or post any material that requires funds or that advertises or solicits the purchase of goods or services. You may not post or publish any User Submissions or material that you know, or should know, to be false. You may not submit or post any messages regarding stocks or other securities. You may not submit, publish or transmit any information, software or other material that contains viruses or other harmful components.

Distribution/uploading by users of third-party content

Except as otherwise provided in these Terms of Use, you agree not to upload to the Service or otherwise distribute:

- any Content created by or owned by others, and as such subject to copyright, or
- other proprietary rights of third parties.

The unauthorized posting or distribution of third-party Content that is protected by copyright or other proprietary rights is illegal and may subject you to criminal liability. You, therefore, and not the Company or its affiliates, or any of their respective officers, directors, agents, employees, vendors, suppliers, sponsors, licensees, or the like, shall be solely liable for any damages resulting from any infringement of copyrights or proprietary rights, or any other damages resulting from such distribution and/or uploading.

Rights of the Company

Company is not responsible for the selection, surveillance, modification or monitoring of Content (including User Submissions). Company (or its Affiliates) may choose, but is not obligated, to monitor, electronically or otherwise, areas of the Service and may disclose any Content (including User Submissions), records (including documentary records) or electronic communications of any kind and information provided to Company or its Affiliates, through the Service or otherwise, including all merchandising channels:

(i) when we believe that disclosure is appropriate to comply with any law, regulation or request from public authorities or law enforcement or to comply with legal process; or
(ii) if such disclosure is necessary or appropriate to operate the Service and/or the overall business of the Company and its Affiliates; or
(iii) to protect the rights or property of the Company, users of the Service, Affiliates, subscribers, customers, recipients, sponsors, suppliers, licensees or vendors. Notwithstanding the "Copyright Agent/Director" provisions above, if defamatory, harmful, illegal, offensive, or allegedly infringing Content is reported or reported, Company may investigate and determine in its sole discretion whether to remove or request removal of such Content from the Service.

The Company reserves the right to prohibit or remove conduct, communications or Content (including User Submissions) that it deems, in its sole discretion, to be harmful to users of the Service, subscribers, customers, recipients, Suppliers, Vendors, Sponsors or Licensors, content or service providers, the Company or its affiliates, or any rights of the Company or any third party, or to violate any other applicable law. Notwithstanding the foregoing, the Company, as well as its affiliates, suppliers, vendors, sponsors or licensors cannot guarantee the prompt modification or removal of objectionable Content after it is posted online. Accordingly, neither Company, nor any of its Affiliates, nor any of their respective officers, directors, employees, agents or servants, nor any Supplier, Vendor, Sponsor or Licensor shall be liable for any acts or omissions in connection with any conduct, communications or Content (including User Submissions) harmful to the Service.

Privacy Policy

We recognise and respect the importance of ensuring the privacy of our users, customers and subscribers and have therefore put in place a privacy policy. In our Privacy Policy, which is an integral part of these Terms of Use, we describe why we collect information from users, customers and subscribers, what information we collect, how we collect it, what we use it for, and how you can let us know if you prefer to limit the use of your personal information. We therefore encourage you to read our Privacy Policy carefully.

Termination of use

The Company may terminate the Service or suspend your access to it, in whole or in part, without notice, for any reason, including for conduct that the Company, in its sole discretion, determines to be a violation of these Terms of Use, or to be in violation of any applicable law or otherwise harmful to the interests of another user, customer, recipient, subscriber, third party vendor, seller, sponsor, licensor, content provider or service provider of the Company or its affiliates.

Severability clause

If any term or other provision of these Terms of Use is held to be invalid, illegal or unenforceable by reason of any provision of law or principle of public policy, all other terms, conditions and provisions in these Terms of Use shall nevertheless remain in full force and effect to the fullest extent permitted by law. In the event that any term or other provision is found to be invalid, illegal or unenforceable, the court having territorial jurisdiction shall modify only the term, condition or provision affected so as to effect the original intent of the parties to the greatest extent possible so that the balance of interests is satisfied and the Company and its affiliates are protected to the greatest extent possible.

Acceptance and modifications

This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior representations or agreements between the parties.

YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any area of the Service or by using the telephone, catalogue, radio, television, mobile device and participating retail shops.

We reserve the right to change the Terms of Use at any time. If we make changes to these Terms of Use, we will post them on this or any other web page and they will become effective, at the latest, by:
1) the date specified by Company, if any, or
2) the time of posting.By accessing the Service after changes are made to the Terms of Use and after they are posted, you agree to bind yourself to and abide by the terms and conditions so modified.