OpenCX Terms of Service.
Welcome to OpenCX, owned by IntiCo USA Corp. (“OpenCX”, “our”, “we”, or “us”) Open CX is an AI-powered digital platform that offers a 360-degree view into customer experience. Please read our Terms of Service to understand the terms of using OpenCX. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our applications, services, features, software, or website (collectively, “Services”).
IF YOU ARE AN OPENCX USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, WHICH PROVIDES THAT, EXCEPT FOR OPT-OUT OR CERTAIN TYPES OF DISPUTES, YOU AND OPENCX AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO BRING SUCH DISPUTES BEFORE A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR USERS FROM THE UNITED STATES OR CANADA” SECTION BELOW FOR MORE INFORMATION.
These Terms of Use govern your use of the websites, applications, software, widgets, and services of OpenCX and its affiliated sites (the “Service”).
About Our Services.
Registration. You must register to use our Services with accurate information, provide your current phone number and/or email, and agree to receive text messages and phone calls (from us or third-party providers) with codes to register to use our Services. Our service is through IntiCo’s support center through our various support channels.
Age. You must be at least 18 years of age to use our Services (or the minimum age required in your country to be authorized to use our Services without parental approval). In addition to being the minimum age required to use our Services under applicable law, if you are not old enough to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software . You must provide certain devices, software, and data connections that we do not provide to use our Services. During the time you use our Services, you agree to download and install updates to our Services, including automatically.
Fees and Taxes. You are responsible for the costs of your mobile carrier’s data plan (if your phone or device uses one), as well as other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, unless required by law.
Permissions Requested by the App. Location. This permission is requested so that the platform can validate the location where check-in and check-out actions are being performed, with the aim of preventing fraud during check-in and check-out transactions by marking attendance.
Privacy Policy and User Data.
OpenCX cares about your privacy. The OpenCX Privacy Policy describes our information practices (such as messages), including the types of data we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. We do not disclose, publish, or share your private contact information (your information) without your prior permission. You acknowledge that the laws, regulations and rules of the country in which your information is stored or processed may be different from those in your own country. OpenCX does NOT collect data in the background.
Information security.
Data protection.
We have taken extensive technical and organizational measures to protect your data against potential risks, such as unauthorized login or access, unauthorized reading, modification or distribution, and against loss, deletion or misuse.
To protect your personal data against unauthorized access by third parties when transmitted, we protect data transmissions, if necessary, using SSL and TLS encryption. This is a standard encryption procedure for mobile and online services.
Security incident handling measures.
In the event of leakage, damage, loss or other security incidents of personal information, we will activate emergency plans to prevent the spread of security incidents. After a security incident occurs, we will promptly inform you of the basic situation of the security incident, as well as the handling and corrective measures we are about to take or have taken, in the form of push notifications, emails, etc. If it is difficult to notify users one by one, we will issue a warning through announcements and other methods.
How you can manage your information.
You can access and modify your mobile phone number information and account information through IntiCo support
When you discover that there are errors in our processing of information about you, you have the right to request us to make corrections. In the process of providing services, you may need to activate some device permissions. You can choose to disable some or all permissions in the [Settings] of your device at any time to prevent OpenCX from collecting your personal information.
You can submit a cancellation request through IntiCo support. OpenCX yourself with the cancellation method: [dashboard]. After deleting your account, we will delete your corresponding personal information immediately. The processing of your information is usually completed within 1 business day.
Acceptable use of our services.
Our Terms and Policies. You must use our Services in compliance with our Terms and posted policies. If we disable your account due to a violation of our Terms, you will not create another account without our permission.
Legal and acceptable use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others to use) our Services in ways that: (a) violate, misappropriate, or infringe the rights of OpenCX, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are unlawful, obscene, defamatory, threatening, intimidating, harassing, aggressive, racially or ethnically offensive, or promote or encourage conduct that would be unlawful, or otherwise inappropriate, including the promotion of violent crimes; (c) involve the posting of falsehoods, misstatements, or misleading claims; (d) impersonate another person; (e) involve the sending of illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and similar methodologies; or (f) involve any other non-personal use of our Services unless otherwise authorized by us. Harm to OpenCX or our users. You must not (and must not assist others to) access, use, copy, adapt, modify, prepare derivative works of, distribute, license, sublicense, transfer, display, perform or otherwise exploit our Services in any impermissible or unauthorized manner, or in any manner that undermines, impairs or harms us, our Services, our systems, our users or others. You must also not, directly or through automated means: (a) reverse engineer, alter, modify, create derivative works of, decompile or extract code from our Services; (b) send, store or transmit a virus or other harmful computer code through or on our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) disrupt or interfere with the integrity or performance of our Services; (e) create accounts for our Services through automated or unauthorized means; (f) collect information about our users in any impermissible or unauthorized manner; (g) sell, resell, rent or charge for our Services; or (h) distribute or make our Services available over a network where they could be used on multiple devices at the same time.
Maintaining the security of your account. You maintained the security of your OpenCX device and account, and you must notify us immediately of any unauthorized use or breach of security of your account or our Services.
Electronic Delivery Policy and Your Consent. You acknowledge that you are agreeing to these terms online and electronically. You authorize us to provide you with required notices, agreements, and information related to the Service electronically. We will provide our notices to you either by sending them to the email address you provide us or by posting the notices on the home page of the Service or on the relevant web page of the applicable service. If you wish to withdraw your consent to receive notices electronically, you must discontinue your use of the Service.
Web Admin. Access to the web admin is provided by IntiCo at the request of the client, the web does not allow creating access. Attendee and client-related information is available only to the Client and IntiCo. A Client cannot access the information of other Clients or exchange information between them.
Third-party service.
Our Services may allow you to access, use, or interact with third-party websites, applications, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Licenses.
Yours, OpenCX does not claim ownership of the information you submit for your OpenCX account or through our Services. You must have the necessary rights to such information you submit for your OpenCX account or through our Services, as well as the right to grant the rights and licenses in our Terms.
OpenCX Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights.
Your License to OpenCX. In order to operate and provide our Services, you grant OpenCX a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including content) you upload, submit, store, send, or receive through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as allowing us to display your profile picture and status message, transmit your messages, store undelivered messages on our servers for up to 30 days while we attempt to deliver them, and as otherwise described in our Privacy Policy).
OpenCX License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use our Services, subject to and in accordance with our Terms. This license is granted solely for the purpose of enabling you to use our Services, in the manner provided in our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
The scope of this license may vary based on the purchase and/or contracting of extra plans and/or services, scopes that will be described in the details of said plans and/or services.
Reporting third-party infringement of copyright, trademarks and other intellectual property rights.
To report claims of third-party infringement of copyrights, trademarks, or other intellectual property rights, please visit our Intellectual Property Policy. We may terminate your OpenCX account if you repeatedly infringe the intellectual property rights of others.
Disclaimers.
YOU CHOOSE TO USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ANY COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE OR SECURE, OR THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO MONITOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS (COLLECTIVELY, THE “OpenCX PARTIES”) FROM ANY CLAIM, COMPLAINT, DEMAND, CONTROVERSY, OR DISPUTE (COLLECTIVELY, “CLAIM”) AND DAMAGES, KNOWN OR UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 987 OF THE FLORIDA CIVIL CODE OR ANY SIMILAR APPLICABLE RULE OR LAW OF ANY OTHER JURISDICTION, WHICH STATES THAT: A GENERAL RELEASE DOES NOT EXTEND CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability.
THE OPENCX PARTIES WILL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, US, OR OUR SERVICES, EVEN IF THE OPENCX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE VALUE OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES THE OPENCX PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify and hold harmless the OpenCX Parties from and against any and all liabilities, damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) relating to, arising from or in any way connected with any of the following: (a) your access to or use of our Services, including any information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation by you. You will cooperate to the fullest extent required by us in defending or settling any Claim.
Dispute Resolution.
Forum and Jurisdiction. If you are an OpenCX user located in the United States or Canada, the “Special Arbitration Provision for Users in the United States or Canada” section applies to you. Please also read that section carefully and in its entirety. If you are not subject to the “Special Arbitration Provision for Users in the United States or Canada” section, you agree that you will resolve any Claim you have with us relating to, arising from, or in any way connected with our Terms, us, or our Services (individually, a “Dispute” and collectively, “Disputes”) exclusively in the United States District Court for the Northern District of Florida or a state court located in Miami, Florida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such Disputes.
Governing Law. The laws of the State of Florida govern our Terms, as well as any Dispute, whether in court or arbitration, which might arise between you and OpenCX, without regard to its conflict of law provisions.
Availability and termination of our services.
Availability of our Services. Our Services may be interrupted for maintenance, repairs or updates, which will occur after a reasonable period of time following notification to our users. If equipment or network failures occur, we will attempt to notify our users of the situation, indicating an estimated time of resolution in the event of service interruption, taking into account that it is an unforeseen and abnormal situation. We may discontinue some or all of our Services, including some functions and compatibility with certain devices and platforms, and such event may be fulfilled upon prior notification to our users and/or technical and/or commercial justification. Our Services may be affected by events beyond our control, such as natural disasters and other force majeure events.
Termination. We may modify, suspend or terminate your access to or use of our Services at any time and for any reason, for example, if you violate the letter or spirit of our Terms or cause damage or risk, or take any action that exposes us, our users or others to legal exposure. The following provisions will survive any termination of your relationship with OpenCX: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” Availability and Termination of Our Services,” “Miscellaneous,” and “Special Arbitration Provision for Users in the United States or Canada.”
Other
• Unless otherwise agreed upon by you and us, our Terms constitute the entire agreement between you and us relating to OpenCX and our Services and supersede any prior agreements.
• We may ask you to agree to additional terms for some of our Services in the future, which will govern in the event of a conflict between our Terms and such additional terms.
• Our Services are not intended for distribution or use in any country where such distribution or use would violate local law or subject us to regulations in another country. We reserve the right to limit our Services in any country.
• You will comply with all applicable trade sanctions and export control laws in the United States and outside the United States (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country where prohibited by Export Laws; (b) to anyone on any U.S. or other government restricted party list; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or other government restricted party list, or for any purpose prohibited by Export Laws, nor will you mask your location through IP proxy connection or other methods.
• Our Terms are written in United States English. Any translated version is provided solely for your convenience. In the event of any discrepancies between the original English version and a translated version of our Terms, the original English version is the binding document.
• Any modification or waiver of our Terms requires our express consent.
• We may modify or update these Terms. We will provide you with notice of changes to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. By continuing to use our Services, you confirm your acceptance of our Terms, as modified. If you do not agree to our Terms, as modified, you must stop using our Services. Please review our Terms from time to time.
• All of our rights and obligations under our Terms are freely assigned to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owners.
• You will not transfer any of your rights or obligations under our Terms to any third party without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as provided herein, our Terms do not grant any third party beneficiary rights.
• Our failure to require performance of any of our Terms will not be considered a waiver.
• If any provision of these Terms is held to be unlawful, invalid, or for any reason unenforceable, that provision shall be severable from our Terms and shall not affect the validity and enforceability of any remaining provisions, except as provided below in the “Severability” section under “Special Arbitration Provision for Users in the United States or Canada.”
• We reserve all rights not expressly granted to you. In certain jurisdictions you may have rights as a consumer, and our Terms are not intended to limit such statutory rights as a consumer that may not be overridden by contract.
• We always value your feedback or suggestions about OpenCX and our Services, but you should understand that we may use them without any obligation to compensate you for them (just as you have no obligation to provide them).
You agree that we may take any legal and technical remedies to enforce these Terms of Use, including, but not limited to, immediate termination of your account or access to any Services if we believe in our sole discretion that you are in violation of these Terms of Use.
Special Arbitration Provision for Users in the United States and Canada.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS THAT APPLY ONLY TO OUR USERS IN THE UNITED STATES AND CANADA. IF YOU ARE AN OPENCX USER LOCATED IN THE UNITED STATES OR CANADA, THIS SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS FOR ALL DISPUTES, EXCEPT THOSE INVOLVING INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT MAY BE SUBJECTED TO SMALL CLAIMS COURT. THIS MEANS THAT YOU ARE GIVING UP YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN A COURT BEFORE A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO COMMENCE ARBITRATION OR, IF PERMITTED, A COURT ACTION. FINALLY, THIS SECTION CONSTITUTES A WAIVER OF YOUR RIGHT TO HAVE THE DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
“Exempt Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, such Disputes relating to, arising from, or in any way connected with your privacy and publicity rights are not Exempt Disputes.
Federal Arbitration Act. The United States federal arbitration law governs the interpretation and enforcement of the “Special Arbitration Provision for Users in the United States or Canada” section, including all issues regarding whether a Dispute between you and OpenCX is subject to arbitration.
Arbitration Agreement for OpenCX Users Located in the United States and Canada. For OpenCX users located in the United States or Canada, you and OpenCX each agree to waive the right to a trial by judge or jury for all Disputes except the Exempted Disputes. You and OpenCX agree that all Disputes (except the Exempted Disputes), including those relating to, arising from, or in any way connected with your privacy and publicity rights, will be resolved by final and binding arbitration. You and OpenCX agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms. The arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules in effect at the time you initiate the arbitration, including the optional rules for emergency measures of protection and the supplementary procedures for consumer-related disputes (collectively, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process can be found at www.adr.org. The arbitrator will decide whether a Dispute is arbitrable. The location of the arbitration and the allocation of fees and costs for such arbitration will be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all AAA administrative fees in Disputes that are subject to the supplementary procedures for consumer-related disputes, unless the arbitrator determines that a Dispute was brought for the purpose of harassment or is completely frivolous.
Opt-Out Procedure. You may reject this arbitration agreement. In that case, neither you nor we can require the others to participate in an arbitration proceeding. To reject this arbitration agreement, you must notify us in writing with a letter postmarked within 30 days of: (i) the date you first agreed to
our Terms: or (ii) the date you submitted to this arbitration provision, whichever is later. You must use this address to express your rejection:
IntiCo USA Corp.
1500 Weston Road, Suite 200
Weston, Florida 33326
United States of America.
You must include: (1) your name and residential address; (2) the mobile phone number associated with your account; and (3) a clear statement that you reject the arbitration agreement in our Terms.
Small Claims Court. As an alternative to arbitration, if your local “small claims court” rules allow, you may bring your Dispute in your local “small claims court,” as long as the matter is proceeding on an individual (not class) basis.
Deadline for Initiating Arbitration. You and we each agree that for any Dispute (except for Exempted Disputes) we must commence an arbitration proceeding within one year of the date the Dispute first arose, otherwise the Dispute will be barred. This means that if you or we do not commence arbitration within one year after the Dispute arose, the arbitration will be dismissed as having been commenced too late.
No class actions, class arbitrations, or representative actions for users located in the United States or Canada. You and we each agree that if you are an OpenCX user located in the United States or Canada, you and we may bring Disputes against each other only on our own behalf and not on behalf of any other person or entity, or any class of persons. You and we each agree not to participate in a class action, class arbitration, or Disputes administered by a private attorney general or in a representative capacity or consolidated Disputes involving another person or entity in connection with any Dispute.
Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable to a Dispute, all of the above provisions under the “Special Arbitration Provision for Users in the United States or Canada” section shall be invalid as to such
Dispute.
Forum for Authorized Court Actions. If you choose to reject the arbitration agreement, if your Dispute is an Exempted Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be bound by the “Forum and Jurisdiction” provisions found in the “Dispute Resolution” section above.
Termination. Your right to use the Service automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.
Contact Us.
All correspondence received (written or electronic inquiries) is classified as restricted access information and may not be disclosed without your written consent. Personal data and other information about you may not be used without your consent for any purpose other than responding to the inquiry, except as expressly provided by law. IntiCo USA Corp. is located at 1500 Weston Rd, Suite 200 Weston, FL 33326 United States. We are passionately committed to protecting users’ personal information under national data protection standards. If you have any questions or concerns about our Terms of Service and/or our Privacy Policy or data processing, please contact us, contact email: intico@inticousa.com