Terms and Conditions

This Legal Notice applies to the entire contents of www.infinitiplatform.com (“Website”) including but not limited to the website, the session app, the library, the dashboard, the API and to any correspondence between us and you. This Legal Notice is issued by Cybex S.A., Navarinou 18-20, Athens 10680, Greece (“Infiniti Platforms”, “We”, “Us”, “Our”). The terms of this Legal Notice along with the Privacy Policy (the “Terms”) apply to all users who visit and use the Website (collectively or individually, the “Users”).

TABLE OF CONTENTS

    1. Introduction
    2. Ownership
    3. User-generated content and conduct
    4. Submitted Material
    5. Recorded sessions
    6. Prohibited use of the website
    7. Links to and from other websites
    8. Registration
    9. Paid Services
    10. Referral scheme
    11. Service access and modifications
    12. Disclaimer
    13. Liability
    14. Governing law and jurisdiction

Introduction

      1. By accessing any part of the Website or Platform, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
      2. When using the Website or Platform, you will be subject to any additional posted guidelines or rules posted on the Website from time to time relating to a specific activity or feature (together the “Guidelines”). All such Guidelines are incorporated by reference into these Terms.
      3. Infiniti Platforms reserves the right to revise these Terms at any time by updating them. You should check the Website from time to time to review the then current Terms, because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website

Ownership

      1. You acknowledge that the Website is owned and operated by Infiniti Platforms. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website and in the library, databases, the design, reports, text, pictures, images, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Website belongs to Infiniti Platforms absolutely or is licensed to Us.
      2. Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the “User-Generated Content”). Any User-Generated Content you post or transmit to the Website shall be considered non-confidential.

By submitting the User-Generated Content you hereby grant:

      1. Infiniti Platforms a permanent, non-exclusive, assignable, royalty free licence to display, reproduce, distribute and modify your User-Generated Content.
      2. to all other Users, a non-exclusive licence to view, download, display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality.
      3. You may only access, view and download coursework/essays/materials/reports/data (“Materials”) from the Website for your own personal and non-commercial use.
      4. You shall only use the Materials for research purposes. You shall not pass off or attempt to pass off any Materials as your own work. To do so would constitute an infringement of copyright and moral rights and may also breach regulations set out by educational institutions. This will automatically give rights to the owner of such rights to a legal action against you.
      5. If you believe that the content of the Website or Materials in any way infringes intellectual property rights belonging to you or any third party, please contact Infiniti Platforms immediately.
      6. With respect to Materials you elect to post to any area of the Website, you grant Infiniti Platforms the royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
      7. You acknowledge and agree that the service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part.

USER-GENERATED CONTENT AND CONDUCT

      1. Any use of the User-Generated Content by Users other than for private, non-commercial research or study is strictly prohibited.
      2. You are prohibited from posting or transmitting to or from the Website any material:
      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      2. for which you have not obtained all necessary licences and/or approvals; or
      3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      4. which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data (together “Inappropriate User-Generated Content”)

3. Infiniti Platforms shall fully co-operate with any law enforcement authorities or court order requesting or directing Infiniti Platforms to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.

4. Infiniti Platforms accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that Infiniti Platforms accept no liability whatsoever if Infiniti Platforms so chooses from time to time to edit, restrict or remove the User-Generated Content.
Submitted Material

      1. We shall have the sole discretion to edit, refuse to post or remove any Material that is submitted and/or posted to the Website at any time.
      2. You are entirely responsible for all Material that you upload, post, email or otherwise transmit via the service. We shall take all reasonable steps to ensure that the work submitted by you belongs to you and it satisfies our standards. Please note that by submitting work you are declaring that you are the owner of all privileges to that work. Under no circumstances will Infiniti Platforms be liable in any way for any Material, including, but not limited to, any errors or omissions in any Material, or any loss or damage of any kind incurred as a result of the use of any Material posted, streamed, downloaded, emailed or otherwise transmitted via the Service.
      3. You shall be solely responsible for the content of any Material that You supply and You will ensure that the Material does not contain any inaccurate, misleading and/or offensive information. You guarantee to Us that any Material supplied by you to Us does not infringe any copyright or other personal or proprietary right of any other person or entity or any personal moral rights; and is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence.

Recorded sessions

      1. You have the option to record or nor record Your live sessions for future reference or reviewing. Your recordings are stored on Our servers for up to 3 (three) months unless otherwise agreed upon prior after which period which they are permanently deleted. The recordings are Your sole property and it is Your decision as to how these recordings will be shared and / or distributed. We take every measure to ensure Your privacy and security at all times though we cannot guarantee against situations beyond Our control (see Paragraph 11).
      2. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Infiniti Platforms policies. Infiniti Platforms assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact info@Infinitiplatform.com may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will InfinityPlatform be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

Prohibited use of the website

        1. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Infiniti’s prior written consent.
        2. You agree that you will not:
        1. use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;
        2. use the Website in such a manner as would, in the sole discretion of Infiniti, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
        3. harass, abuse, bully, threaten or defraud another User;
        4. use any robot, spider, scraper or other automated means to access the Website for any purpose;
        5. attempt to gain authorised access to the Website through hacking, password mining or any other means; or
        6. interfere or attempt to interfere with the proper working of the Website.

3. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with InfinityPlatform. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
Links to and from other websites

        1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Infiniti has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Infiniti therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
        2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
        1. you do not remove, distort or otherwise alter the size or appearance of Infiniti logo;
        2. you do not in any way imply that Infiniti is endorsing any products or services other than its own;
        3. you do not misrepresent your relationship with Infiniti nor present any other false information about Infiniti;
        4. you do not otherwise use Infiniti trade mark or logo displayed on the Website without express written permission from Infiniti;
        5. you do not link from a website that you do not have the necessary authority or permission to link from; and
        6. the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Infiniti or any other person or otherwise does not comply with all applicable laws and regulations.

3. You shall fully indemnify Infiniti for any loss or damage suffered by Infiniti for breach of this clause.
Registration

        1. Some sections of the Website may require registration and we request that you complete the information accurately and as completely as possible.
        2. Responsibility for the accuracy of your registration information and security of your password(s) rests entirely with you.

Paid Services

        1. Charges are payable online by either a) credit/debit card or b) by bank transfer.
          1. Payment processing services of credit or debit cards for Users on Infiniti Platforms are provided by Stripeand are subject to the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to Our terms and conditions, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Infiniti Platforms enabling payment processing services through Stripe, you agree to provide Us accurate and complete information about You, and You authorize Us to share that information and transaction information related to Your use of the payment processing services provided by Stripe.
          2. To minimize additional charges We strongly encourage you to pay via bank transfer whenever possible.
  1. payment terms that will be disclosed to you at the time you make your purchase of services. When you make a purchase from us, you must provide us with a payment method and You must be authorized to use the payment method. Further, You authorize us to charge you for the service using your payment method and You must pay service charges in advance. There may be additional surcharges should you exceed your contract limits – these will be clearly displayed to you in your invoice as per the rates described in our pricing information when you made your purchase.
  2. If You do elect to pay with a credit card Stripe will save certain items of information to facilitate a faster checkout process; more specifically, Stripe will store the name on your credit card, the expiration date, and the last four digits of your credit card number; Stripe will not store your CVC/CVV security number on your credit card. Infiniti explicitly does not store any of the above information.
  3. Users that create Individual account will not be charged during their 7-day free trial. After the trial period, if you have not entered your credit card details, then your free 7-day trial will simply expire. If you have entered your credit card details, and you have chosen your subscription plan, then you will be automatically charged to fully activate your account.
  4. Once users with Individual Accounts have put their credit card details and selected a plan, they will be charged for the chosen plan, and continue to get charged for it until they cancel their subscription.
  5. Charges are not refundable if you request to cancel or terminate your registration early.
  6. Refunds – We will give refunds where they are genuinely deserved e.g. if our Website has not delivered what it should have done. We are not however able to give refunds in circumstances that are completely down to user error or lack of attention which include failing to cancel your subscription before your renewal date, having two subscriptions and only cancelling one, creating additional accounts and subscriptions without cancelling existing ones.We are unable to refund payment unless:
    1. we are unable to fulfil your subscription.
    2. there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;

We do however commit to being completely fair and reasonable in deciding whether to give refunds or not. If you wish to apply for a refund, then please contact us. If you have a query about obtaining a refund, please contact our customer services team at info@infinitiplatform.com.

  1. Cancellation – At any time, and without cause, we may cancel or terminate your access in our sole discretion. You are not entitled to a refund of charges, if you request to cancel or terminate your access subscription. You are liable for charges incurred by you until termination of service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.

Referral scheme

Invite your friends and colleagues to join Infiniti Platforms and you will both receive a $5 credit to your next billing cycle.

  1. To qualify for this offer, you need to have an active account with Infiniti Platforms that has been paid for.
  2. Invited friends must be new customers to Infiniti Platforms and have elected for a paid plan.
  3. The $5 reward will be credited into your and your referral’s next billing cycle immediately after verified activation.
  4. There is no limit on the number of referral invites that can be sent, and each recommended friend will qualify for a payment if conditions are met. The maximum that can be earned through referrals is $150, equivalent to 30 friends successfully signing up. If you are interested in a higher cap, please reach out to our Sales teamand we can arrange an affiliate scheme.
  5. Invited friends can only receive the cash incentive once and cannot use this offer in conjunction with any other introductory offers.
  6. This offer is not transferable and there are no alternatives available.
  7. Infiniti Platforms reserves the right to amend, withdraw or restrict this promotion at any time without notice.
  8. All other terms and conditions also apply and are not affected in any way by this offer.
  9. Infiniti Platforms accepts no liability or responsibility for claims under this promotion which are lost, delayed or undelivered, nor any liability for technical errors or communication failures in networks and/or internet access.
  10. This promotion shall be governed and construed in accordance with the laws of England and Wales.

Service access and modifications

  1. While Infiniti endeavours to ensure that the Website is normally available 24 hours a day, Infiniti shall not be liable if for any reason the Website is unavailable at any time or for any period.
  2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Infiniti’s control.
  3. We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimer

  1. We shall have no liability in respect of any acts and/or omissions, negligence, by PayPal including but not limited to liability for the security of information that is passed by you to PayPal.
  2. We shall use Our reasonable endeavours to ensure the security of the Website. We shall have no liability where the security of the Website is breached due to acts and/or omissions by you and/or where We have taken all reasonable steps to protect the security and integrity of the Website.
  3. We shall use Our reasonable endeavors to monitor the material on the Website and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from the Website upon receipt of notice of any such material.
  4. Any postings on the Website contain the questions, views, opinions and/or advice of you and are not ours.
  5. We shall have no liability to you for any (including but not limited to) direct, indirect, incidental, consequential losses or damages; loss of profits and/or damage to goodwill; use or inability to Use the Service; loss of and/or corruption of data or other intangible loss; transmission of virus and/or any other harmful code; missed deadlines and/or failed exams; damages, loss of data due to the network provider failure; unauthorised access to or alteration of your coursework or any other data; damage to your computer, loss of data resulting to the download of any Material from the Website, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or the conduct of any third party.
  6. Our total liability to you in relation to any one claim or series of claims based on the same or similar facts, shall not exceed 100% of the charges that you have paid to Us in respect of a particular session which is the subject of such claim or alleged claim.
  7. Nothing in these Terms shall exclude or limit Infiniti Platforms’s liability for death or personal injury due to Our negligence or any liability which is due to fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
  8. Nothing in these Terms shall exclude any of your statutory rights as a consumer.
  9. YOU FURTHERMORE ACKOWLEDGE THAT THE MATERIALS (INCLUDING THE USER-GENERATED CONTENT) AND USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE MATERIALS AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF THE MATERIALS OR SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
  10. Infiniti makes no warranties that the service will be uninterrupted, secure, or error-free; the results that may be obtained from the use of the service will be accurate or reliable; or any errors in the software will be corrected.
  11. Infiniti does not warrant the accuracy and completeness of the Material on the Website (including the User-Generated Content). Infiniti may make changes to the Material on the Website (including User-Generated Content), or to the products and prices described in it, at any time without notice. The Material on the Website may be out of date, and Infiniti makes no commitment to update or remove such Material.

Liability

  1. Infiniti, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website.
  2. Nothing in these Terms shall exclude or limit Infiniti Platform’s liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.
  3. If your use of Materials on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
  4. YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF COURSEWORK YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

ADDITIONAL CLAUSES
a. ELIGIBILITY: You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible. Infiniti Platforms is not intended for use by individuals under the age of 16, unless it is through a School Subscriber or a Third Party provider (as that term is defined in the Services Description).

b. Infiniti Platforms  allows schools and educators to use their services for educational purposes. Infiniti Platforms  maintains policies and procedures designed to comply with applicable requirements of student privacy laws including, without limitation, GDPR and applicable state laws (the “Privacy Laws”). The Privacy Laws may provide students or their parents with certain rights in their personal information. If you are a parent or student and you have questions about the Privacy Laws or your related rights, please contact your school/ teacher administration. Infiniti Platforms  will not use any student data for marketing or advertising purposes, or any other commercial purpose, except to provide Services to our School Subscribers. If you are a “School Subscriber” — typically meaning a school or school district administrator or a teacher — you represent and warrant that you have been duly authorized by your school or school district to create an account, use the Services, and to agree to these contract terms. You further agree to use your account solely for educational purposes and solely for the benefit of your school or school district and its students. If you are a School Subscriber subject to U.K. or similar law, you consent, for yourself and your school or school district, the use and sharing of personal information of End Users including those who are children under the age of 13 and You instruct Infiniti Platforms Ltd to process the personal data of End Users in accordance with such policy. If you are a School Subscriber subject to GDPR or similar law, you determine the legal basis, means and purposes for processing the data, and instruct Infiniti Platforms  to process personal information of End Users, including those who are children under the age 16.
Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.