Infogito Terms of Use/Terms of Service
INFOGITO LLC
TERMS OF SERVICE
EFFECTIVE DATE: February 23, 2025
PREAMBLE
This instrument ("Terms of Service" or "ToS") constitutes a legally binding agreement between Infogito LLC, a New York State limited liability company ("Infogito,", "Infogito Holdings", "Company," "we," "us," or "our"), and any natural person, governmental entity, or commercial enterprise ("User," "you," or "your") accessing or utilizing the AI chat service, platform, or any ancillary functionalities (collectively, the "Service"). By initiating use of the Service, you irrevocably assent to these ToS. Non-acceptance mandates immediate cessation of all Service use.
SECTION A: INDIVIDUAL USER TERMS
1. ELIGIBILITY & REGISTRATION
1.1 Age Restriction. Use of the Service is strictly limited to individuals aged 18 years or older (or the jurisdictional age of majority). Minors may access the Service solely under direct supervision of a parent/legal guardian, who assumes full liability for compliance hereunder.
1.2 Non-Discrimination. Infogito reserves the unilateral right to terminate access, without notice, for any User engaging in discriminatory conduct (as adjudicated by Infogito in its sole discretion) based on race, gender, sexual orientation, disability, religion, nationality, or any other protected class.
1.3 Account Integrity. Users shall provide accurate, current, and complete information during registration. Credential confidentiality is your sole responsibility. Infogito disclaims liability for unauthorized account access or activities conducted under your credentials.
2. DATA COLLECTION, OWNERSHIP, & EXPLOITATION
2.1 Data Categories. By using the Service, you irrevocably grant Infogito a perpetual, global, royalty-free license to collect, process, store, and commercialize:
Textual Data: Prompts, responses, metadata, logs, and all user-generated content.
Biometric Data: Voiceprints, facial recognition templates, keystroke dynamics, and physiological markers.
Multimedia Data: Images, videos, audio recordings, and derivative works.
Behavioral Data: Usage patterns, interaction metrics, and predictive analytics.
Geolocation Data: Precise GPS coordinates, IP-derived location inferences.
Device/Network Data: IP addresses, MAC identifiers, browser fingerprints, and telemetry.
2.2 Proprietary Rights. All data generated, transmitted, or processed via the Service, including outputs ("Outputs"), are the exclusive property of Infogito. You retain no ownership, moral rights, or control over such data.
2.3 Data Requests. Users may submit data access/deletion requests via data@infogito.com. Infogito reserves the right to deny such requests if compliance would impede legal, operational, or security obligations.
3. ACCEPTABLE USE & PROHIBITED CONDUCT
3.1 Restrictions. You covenant not to:
Engage in unlawful, tortious, or fraudulent activities.
Reverse-engineer, decompile, or exploit vulnerabilities in the Service.
Disseminate malware, spyware, or any disruptive code.
Infringe upon third-party intellectual property, privacy, or publicity rights.
Misrepresent Outputs as human-generated without explicit disclaimers.
Bypass security protocols, rate limits, or access controls.
Train competing AI models using Infogito’s infrastructure or data.
3.2 Monitoring. Infogito may monitor, filter, or modify User content at its discretion, without obligation to disclose methods or rationale.
3.3 User Communication Consent. By providing your contact information through any form on our website or affiliated platforms, you expressly consent to receive communications from Infogito LLC (DBA: Infogito Holdings), including but not limited to email, phone calls, and SMS messages. These communications may include transactional updates, service-related notifications, and promotional content related to our real estate investment activities. Message frequency may vary based on your engagement with our services. You may withdraw consent at any time by following the opt-out instructions provided in each communication.
3.4 SMS Messaging Terms (Infogito Alerts)
Infogio LLC ("we," "our," or "us") is committed to protecting your privacy. policy outlines how we collect, use, and safeguard your information when you opt-in to receive SMS messages from us.
SMS Messaging Terms (Infogito Alerts):
By subscribing to SMS messages from Infogito LLC (DBA: Infogito Holdings), you agree to the following terms:
1. Program Name: Infogito Alerts
2. Program Description: We send updates on real estate opportunities, appointment confirmations, project alerts, and occasional promotional messages.
3. Opt-Out Instructions: Users can cancel the SMS service at any time by texting "STOP" to our number. After texting "STOP," you will receive a one-time confirmation message and will not receive further messages unless you re-subscribe.
4. Support Information: For support, reply "HELP" to any SMS or contact us at partner@infogito.com or (332) 287-5766.
5. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
6. Message and Data Rates: Standard message and data rates may apply. Message frequency varies but is typically up to 2 messages per week. For billing questions, contact your wireless provider. Refer to our Privacy Policy for details on how we protect your information.
3.4.1. Information We Collect
When you opt-in to our SMS messaging service, we may collect:Personal Information: Your phone number and, if provided, your name and email address.Message Data: Content of SMS messages sent and received, including timestamps and delivery statuses.
3.4.2. How We Use Your Information
We utilize the collected information to:
Communicate: Send updates, alerts, reminders, and promotional messages related to our services.
Respond: Address your inquiries and provide customer support.
Improve Services: Analyze usage patterns to enhance our SMS communication strategies.
3.4.3. Sharing Your Information
We respect your privacy. Mobile information, including text messaging opt-in data and consent, will not be shared with third parties or affiliates for marketing or promotional purposes. Your information may be shared with trusted service providers who assist in delivering our SMS services, under strict confidentiality agreements, solely for the purpose of providing these services.
3.4.4. Message Frequency
You can expect to receive up to 2 messages per week, depending on your preferences and interactions with us.
3.4.5. Your Choices
You have control over your participation in our SMS communications:Opt-Out: You can opt out of SMS messages at any time by replying with "STOP," "QUIT," "END," "REVOKE," "OPT OUT," "CANCEL," or "UNSUBSCRIBE" to any message you receive from us. Once we receive your opt-out request, we will promptly remove you from our SMS messaging list. Please note that opting out of promotional messages will not affect your ability to receive important service-related communications.Assistance: Reply with "HELP" for support or more information.Standard message and data rates may apply.
3.4.6. Data Security
We implement industry-standard security measures, including encryption and secure servers, to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over mobile networks is entirely secure; therefore, we cannot guarantee absolute security.
3.4.7. Data Retention
We retain your personal information only as long as necessary to fulfill the purposes outlined in this policy unless a longer retention period is required by law. Once your information is no longer needed, we will securely delete or anonymize it.
3.4.8. Your Rights
You have the right to:
Access: Request a copy of the personal information we hold about you.
Correction: Request correction of any inaccurate or incomplete information.
Deletion: Request deletion of your personal information, subject to legal obligations.To exercise these rights, please contact us using the information provided below.
3.4.9. Third-Party Services
Our SMS services may be facilitated by third-party providers. These providers are contractually obligated to protect your information and are prohibited from using it for any purpose other than delivering our communications.
3.4.10. Changes to This Policy
We may update this Privacy Policy periodically. Any changes will be posted on this page with an updated "Effective Date." We encourage you to review this policy regularly to stay informed about how we are protecting your information.
3.4.11. Contact Us
If you have any questions or concerns regarding this Privacy Policy or our privacy practices, please contact us.
4. TERMINATION
Infogito may suspend or terminate access, without prior notice or liability, for any breach of these ToS, including but not limited to violations of Sections 2–3. Post-termination, all licenses granted herein immediately cease.
SECTION B: GOVERNMENT ENTITY TERMS
5. COMPLIANCE OBLIGATIONS
5.1 Legal Adherence. Government Users shall comply with all applicable laws, including but not limited to data sovereignty, procurement, and transparency statutes. Infogito disclaims responsibility for ensuring your adherence to internal compliance frameworks.
5.2 Data Sovereignty. While Infogito employs "commercially reasonable" security measures, we do not warrant compliance with jurisdiction-specific data residency mandates unless stipulated in a separately executed agreement.
5.3 Use Restrictions. Government Users are prohibited from:
Deploying the Service for surveillance, intelligence operations, or biometric tracking absent explicit statutory authorization.
Utilizing Outputs in decision-making processes impacting individual rights without human oversight.
5.4 Termination. Infogito may immediately terminate government access if the Service jeopardizes our legal, ethical, or operational standing.
SECTION C: COMMERCIAL ENTITY TERMS
6. LICENSING & ENTERISE REQUIREMENTS
6.1 Licensing. Commercial use beyond nominal individual access requires execution of a Master Licensing Agreement ("MLA"), accessible via legal@infogito.com. Unauthorized scaling constitutes a material breach.
6.2 Security Protocols. Commercial Users shall implement enterprise-grade security controls (e.g., MFA, intrusion detection) to safeguard API keys and credentials. Breaches attributable to your negligence render you liable for damages.
6.3 Prohibited Activities. Commercial Users shall not:
Resell, sublicense, or white-label Outputs without prior written consent.
Generate content intended to deceive consumers or manipulate markets.
Automate spam, phishing, or unsolicited marketing campaigns.
6.4 Liability. Infogito disclaims liability for losses arising from Service interruptions, modifications, or termination, including consequential damages or lost profits.
SECTION D: GENERAL PROVISIONS
7. INTELLECTUAL PROPERTY
7.1 Ownership. Infogito retains exclusive rights to all software, algorithms, UI/UX elements, and Outputs. Unauthorized reproduction, distribution, or creation of derivative works is strictly prohibited.
8. PAYMENT TERMS
8.1 Fees. Subscription fees are non-refundable. Delinquent payments incur interest at 1.5% monthly (or the maximum permissible rate).
9. DISCLAIMERS & LIMITATIONS
9.1 No Warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." INFOGITO EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT.
9.2 Limitation of Liability. IN NO EVENT SHALL INFOGITO’S AGGREGATE LIABILITY EXCEED THE FEES PAID BY YOU IN THE PRIOR 12 MONTHS. WE DISCLAIM LIABILITY FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
10. INDEMNIFICATION
You shall defend, indemnify, and hold harmless Infogito, its affiliates, and personnel from all claims, damages, or expenses (including attorneys’ fees) arising from your Service use.
11. DISPUTE RESOLUTION
11.1 Arbitration. All disputes shall be resolved via binding arbitration under American Arbitration Association (AAA) in New York City, with proceedings confidential and conducted in English. Class actions and jury trials are waived.
11.2 Governing Law. These ToS are governed by the laws of New York City, excluding conflict-of-law principles.
12. MISCELLANEOUS
12.1 Survival. Sections 2, 7–11 survive termination.
12.2 Amendments. Infogito may modify these ToS at any time. Continued use post-amendment constitutes acceptance.
12.3 Force Majeure. We are not liable for failures due to unforeseen events (e.g., wars, pandemics, infrastructure collapse).
12.4 Severability. If any provision is deemed unenforceable, the remainder remains in full force.
CONTACT:
Data Requests: data@infogito.com
Legal Inquiries: legal@infogito.com
Copyright Agent: DMCA notices to legal@infogito.com (Include agent details per 17 U.S.C. § 512(c)(3)).
ACKNOWLEDGEMENT: BY USING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY.