Terms and Conditions of Service

Last Amended: November 30, 2019

Please read carefully before using this website and any affiliated software.

These Terms of Use (the “Terms”) are a legal contract between you (the “User”) and Bizteligence Technology Ltd. (“We”, “Us” or “Our”). They describe the services We provide when you create an account with Us, as well as layout our mutual obligations to one another over the course of our relationship.

1. Your Agreement With Us

By using Our Services (as defined below), you agree that:

a) you are at least 18 years old and are capable of entering into a legally binding contract;
b) you have read and agree to comply with these Terms;
c) you have read and agree to comply with Our Privacy Policy, which forms a part of these Terms;
d) if you are a representative of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms; and
e) you are responsible for anyone that uses Our Services through your Account (as defined below).

2. Amendments
We may make changes to these Terms and/or Our Privacy Policy from time to time, for any reason and without notice to you, so We recommend that you review both these Terms and Our Privacy Policy periodically. Once any modifications to the Terms or Privacy Policy have been published here, you will be deemed to have accepted those changes through your continued use of Our Services (as defined below).

3. Definitions

We capitalize certain words and phrases in these Terms to indicate that they have a special meaning. Whereas some of these are defined elsewhere, the following are key definitions that apply throughout:

Account”: An Account is created when an individual, company or other entity, or any representative of such, signs up for Services with Us with a username and password. Accounts can either be free (“Free Subscriptions”) or paid (“Paid Subscriptions”). Your Account includes your Account Information (as defined below) and its Content;

Account Information” has the definition set in section 4, “Account Information”;

Account Owner” means the person, company or entity whose name appears:

a) for Free Subscriptions: in the “name” section of the Account Information; or
b) for Paid Subscriptions: on the credit card or account paying for the Paid Subscription;

Bizteligence Parties” means Us, as well as Our directors, officers, employees, agents, licensors and service providers;

Content” means any information you upload to your Account, including but not limited to meeting information and dates, video recordings, text, images, photographs, code, documents or intellectual property;

Customer” means any person or entity that has signed up for an Account at any service level;

Dispute” means any dispute, cause of action or claim arising from these Terms or your use of Our Services, including against any Bizteligence Party;

Materials” means anything provided publicly or privately by or through Us, including but not limited to the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, graphics, user interface, documents, products, services and software;

Payment Information” means credit card information;

Services” means the MeetingGenius platform/application, and all features therein, including but not limited to: MeetingGenius’ application program interface (“API”), any related software produced by Bizteligence for the MeetingGenius platform, the MeetingGenius website, located at meetinggenius.ai, any other associated websites, webpages, apps, products or services that may be added from time to time, the Material (as defined above) located within and any other websites, apps, platforms, products, Materials and other services offered by Bizteligence from time to time to the extent they, themselves, have their own terms and conditions;

Subscription Period” has the definition set in section 5.2, “Term and Renewal”;

Third-Party Services” means services that are not provided by Us (that provider being the “Third-Party Provider”) but that you may use or access in using Our Services, or that We use in providing Our Services to you;

Time Limit” means 45 days from the date that you sign up for a Free Subscription;

Transcription” has the definition set in section 8.1, “Transcription Services”; and

Trial Period” has the definition set in section 5.3, “Trial Program”.

4. Account Information

When you sign up for an Account, you agree to provide true, accurate and complete information about yourself as prompted (“Account Information”). Throughout your use of the Services, you also agree to maintain and promptly update your Account Information in the event of a change. We are not responsible for any Account Information that may be lost or irrecoverable through use of Our Services or website.

So long as you are the Account Owner and act in compliance with these Terms, you have the right to access and use Our Services. This is a non-transferable right unless We have given you written permission to transfer your Account. You are solely responsible for keeping your Account ID safe and for all activities that takes place in your Account. If you become aware of any unauthorized use or activity occurring in your Account, you must notify Us immediately.

5. Fees, Terms, Renewal and Trial Program

5.1 Fees

If you have a Paid Subscription, or if you have a Free Trial and subsequently choose to enter a Paid Subscription, you will pay all subscription fees in accordance with the due dates that We set.

We reserve the right to modify Our subscription fees at any time with thirty (30) days’ written notice to you. If you do not agree to the change in subscription fee, you may cancel the Paid Subscription without penalty.

By entering your Payment Information, you give Us and the providers of Our Third-Party Services permission to store your Payment Information. You agree that We may use this Payment Information to automatically charge you any subscription fees billed during a Subscription Period (as defined below). You may change or update your Payment Information at any time.

You agree to reimburse Us for all reasonable collection costs and interest for any overdue amounts incurred on your Account. In the event that your credit card expires or We are otherwise unable to process your payment, you agree that We may place a temporary suspension on your Account until your Payment Information has been updated and the outstanding payment has been made.

5.2 Term and Renewal

Your Free Subscription is active and valid until the Time Limit expires, or you choose to upgrade your Account or request Account deletion.

Your Paid Subscription is active and valid for a month (the “Subscription Period”). Your Paid Subscription will automatically renew for an additional Subscription Period on the 30th day following the date on your first invoice, unless you cancel or We terminate your Paid Subscription (see section 6, “Cancellation and Termination” below).

Any changes to your Account, such as upgrading or downgrading your Account’s subscription level, will be reflected on your next invoice. You will not receive any refund for downgrading your Account from a Paid Subscription to a Free Account or for cancelling your Account. If you downgrade your Account from a higher-level Paid Subscription to a lower-level Paid Subscription, a credit will be granted towards your Account to be used in the next billing period.

5.3 Trial Program

We offer Our Customers a free trial for a limited period (the “Trial Period”) of the Services. The Services provided during your Trial Period may be subject to certain limitations on the Services’ functions or features including, but not limited to, limitations resulting from the availability of different features on Our various Paid Subscription types, available with Our Paid Subscription. During the Trial Period, you must make a determination as to whether you would like to upgrade your Account; if you do not make such a determination, your Account will be cancelled or downgraded to its previous subscription level at the end of the Trial Period.

You agree that you will comply with any additional terms that are imposed throughout the Trial Period. You agree that you will not create multiple accounts to receive additional, extended trial benefits. We reserve the right to terminate or suspend your Trial Period at any time and in Our sole discretion without notice or liability.

6. Cancellation/Termination

Bizteligence may terminate your Account or Subscription at any time and without notice, at Our sole discretion and without liability. No refunds will be offered for Services that are terminated by Bizteligence.

You may terminate your Account or Subscription at any time by either unsubscribing from within your Account or emailing support@bizteligence.com. Cancellations will go into effect at the end of the Subscription Period and no refunds will be offered for Services cancelled during the Subscription Period.

Upon cancellation or termination, We will permanently remove all Personal Data linked to your account. We are not responsible for any information lost as a result of Account deletion or termination.

The sections “Intellectual Property”, “Collection of Personal Information and Confidential Information”, “Limitation of Liability”, “Indemnification”, “Force Majeure” and “Governing Law”, as well as the terms of Our Privacy Policy, will survive termination, cancellation or expiry of these Terms and will continue in full force and effect.

7. Intellectual Property

The Services and all Materials are the property of Bizteligence Technology Ltd. or Our licensors or Third-Party Service Providers, and are protected by copyright, trademark, trade secret, database and other intellectual property laws. These Terms do not grant you a license to use any trademark or trade name of Bizteligence or its affiliates, licensors or service providers without prior written permission.

For as long as you abide by these Terms and maintain an Account, you hold a revocable limited purpose right to access Our Services for your own non-commercial use. Without Our express written permission, the rights granted under these Terms are not transferable, sublicensable, or exclusive. The rights granted under this agreement do not allow you to reproduce, sell, assign, trade, or otherwise transfer any of the Materials. You may not modify, deconstruct, translate, or reverse-engineer the Services or create derivative works from the Materials.

By uploading Content to your Account, you automatically grant Us an irrevocable, perpetual, non-exclusive, sub-licensable, transferable, royalty-free license to use the Content in ways necessary to deliver Our Services, including but not limited to storing, modifying, reproducing, or publishing.

You relinquish any intellectual property rights to any suggestions, feedback, or comments you submit to Us and grant Us the unconditional right to use the foregoing as We see fit.

8. Collection of Personal Information, Confidential Information, and Privacy Policy

Your Personal Information (as defined in Our Privacy Policy) and Confidential Information (as defined in Our Privacy Policy) will be collected and used in accordance with Our Privacy Policy.

8.1 Transcription Services

Upon your request, any audio recordings that are produced by you through use of Our Services may be transcribed (the “Transcriptions”). This may be done by Us or by Third-Party Services. We do not warrant that any Transcription produced by Our Services will be accurate or error-free, or that any Transcription will be completed in a timely manner.

If you do find an error in Our Transcriptions, you may report it to us. We will evaluate the Transcription to determine if a discrepancy exists. You are aware that there may be unavoidable inaccuracies in Transcriptions, including, but not limited to, poor quality caused by phone connection or equipment, or unusual slang, regional dialects or obscure names contained within your audio recordings.

Any Transcriptions or audio recordings associated with your Account will be handled in accordance with Our Privacy Policy.

9. Third-Party Sites/Content

Certain features of the Services may use Content from Third-Party Services. At the moment, this includes machine learning libraries (these may be modified at any time, with or without notice). These Third-Party Services may collect and require access to your personal information. This information will be shared and used by these Third-Party Providers in accordance with the terms of Our Privacy Policy (see “Disclosure of Personal Information to Third Parties”).

Certain Third-Party Providers may require that you agree to their additional terms and conditions. Your compliance with any such additional terms and conditions is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms when using these Services.

9.1 Disclaimer of Third-Party Provider Liability

We specifically disclaim any and all liability in connection with the acts or omissions of Third-Party Providers. For such Third-Party Providers, you specifically acknowledge and agree that:

a) these Terms are between you and Us;
b) the Third-Party Providers are not parties to these Terms;
c) the Third-Party Providers and their parent, subsidiaries and affiliates are intended third-party beneficiaries of these Terms and upon your acceptance of these Terms, the Third-Party Providers will have the right to enforce these Terms against you;
d) any license(s) granted to you hereunder by a Third-Party Provider to use their Third-Party Services in connection with Our Services is limited to a non-transferable license to use the Third-Party Services as permitted by such Third-Party Provider’s applicable usage rules;
e) Third-Party Providers have no obligation whatsoever in connection with the functionality or Content of Our Services, or to furnish any maintenance or support services with respect to Our Services; and
f) Third-Party Providers reserve the right to audit possible unauthorized commercial use of their Content at any time.

By using Third-Party Services through Our Services, you do so at your own risk. You understand that We will not be liable to you for any loss or damages arising from Our use of Third-Party Services in providing Our Services.

10. Warranties, Disclaimer and Limitation of Liability

10.1 No Warranties

We offer Our Services on an “as is”, “as available” basis. We do not make any warranties, conditions, guarantees or representations of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that:

a) Our Services will be continuously available, timely, uninterrupted, accurate, error-free or secure or otherwise meet your requirements or expectations;
b) any information or data processed by the Services or acquired by you through the Services will be accurate or reliable; and
c) any defects in the software provided as part of the Services will be repaired.

10.2 Disclaimer of Responsibility

Use of Our Services is at your own risk. We disclaim any responsibility for any damage to your computer system or other device, or for the loss of any data that occurs as a result of downloading any necessary materials or software. You hereby release us, Our affiliates and any Bizteligence Parties from any claims, known or unknown, you have against them.

10.3 Limitation of Liability

We will not be liable to you, or to any third party, for any indirect, incidental, punitive, consequential or special damages, or for loss of profits, lost or damaged data or other intangible losses (whether direct or indirect), arising from the use, or inability to use, any of Our Services or from any other aspect of these Terms. We will not be liable in any circumstances for any Third-Party Services or activities which result in damage to you, or for any damage to you arising from hacking, tampering or any otherwise unauthorized access to or use of Our Services.

Our aggregate liability to you resulting from any cause of action will not exceed:
a) if you have a Paid Subscription: the fees paid or payable to Us for your Account during the 3-month period immediately preceding the date on which the claim arose; or
b) If you have a Free Subscription: $50 CDN.

If, for any reason, this amount of liability is deemed to be insufficient, the maximum amount of liability will be the lowest amount permitted under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Bizteligence Parties from and against any and all losses, costs, expenses, fines, penalties, damages, and other liabilities (including reasonable legal fees and costs) incurred by a Bizteligence Party arising from or related to any cause of action, claim, proceeding, demand, or action brought by a third party against an Bizteligence Party in connection with your use of the Service, including:

a) your use, non-use or misuse of the Services;
b) your violation or alleged violation of these Terms;
c) your violation of any rights of any other person in connection with your use or access of the Services;
d) any information you create, submit, publish or upload via the Services, including but not limited to financial, credit, and personal information;
e) any claims made by third parties with which you conducted business through the Service;
f) anything which a Bizteligence Party may do or refrain from doing in connection with these Terms.

You agree that We may assume the exclusive defense and control of any matter for which you are required to indemnify Us. You agree to fully fund and cooperate with Our defense of these claims. You agree not to settle any claims without obtaining Our prior written consent.

12. Dispute Resolution
If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by a single adjudicator and the arbitration will occur in Vancouver, British Columbia.

All Disputes shall be governed in all respects by the laws of the Province of British Columbia, without reference to its conflicts of law rules.

13. Total Agreement and Severability

These Terms are the full and only agreement between you and Us, and take precedence over any previous communications between you and Us. If a court determines that any section of these Terms is unenforceable, the remaining sections will continue to apply with as few changes as possible to remove the invalid section.

14. Force Majeure

We will not be liable to your or any third party for any delay or failure in performance if that failure or delay results from any cause beyond Our control, including but not limited to: severe weather; global disease epidemic; flood; fire; explosion; earthquake; vandalism; power failure; denial of service attacks or similar attacks or acts of hackers; acts of God and the public enemy; embargo; war; revolution; civil commotion; labour unrest (including strikes, work stoppages, slowdowns, picketing or boycotts); or any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, including orders and judgments of courts.

15. No Waiver

If We fail to enforce these Terms, We are not waiving Our right to do so.

16. Notices

We may give you notice by placing banners or announcements within Our Services or on Our Website. We may contact you through your Account or through the Account Information you provide to Us, including email, text messaging and telephone regarding your Account or Our Services. If you do not keep your Account Information current, We may not be able to convey important information to you. We are not liable for your failure to receive critical information about your Account or Our Services as a result of your failure to keep your Account Information current.

We may send you newsletters and other promotional information using the above contact methods. You can unsubscribe from Our newsletters and other promotions through the unsubscribe option within the communication.

17. Contact Information

For more information about these Terms, or for further information or questions regarding Our Services, please contact Us at support@bizteligence.com.