Thank you for choosing IcloneU!
Hermes AI, S.A.P.I. de C.V., known by its trade name IcloneU ("IcloneU" or "We", indistinctly) operates a platform that allows you to access a proprietary software service powered by artificial intelligence to manage social networks and customer service, which is designed to facilitate and improve online community management and user service, as well as moderation and interaction with them (the "Platform"). These Terms of Use (the "Terms") regulate and apply the right of access to and use of the Platform and our website www.icloneu.ai (the "Site"), as well as other related products and services, including any software we provide or grant access to in connection with it (the "IcloneU Software") (collectively, the "Services").
By using the Platform, the user ("You" or the "User", indistinctly) accepts, for all legal purposes, to be subject to and governed by these Terms, as set forth below. If you do not accept them, you may not access the Platform or use the Services in any way.
IcloneU's Services allow you to access, through our Site or other means established by IcloneU, a software program that uses artificial intelligence ("AI") to provide: (i) community manager or virtual social network community management services; and/or (ii) bots that understand and respond to user queries based on User Content. These services are designed to assist you in customer service, digital community moderation, automated user interaction, and generation of personalized responses based on content you provide. For more information about the Platform, please visit www.icloneu.ai.
The Services are provided as Software as a Service (SaaS), so Users can only access them through the Internet, by logging into their Account (as defined below) on the Platform or through any integration that IcloneU authorizes for such purpose.
In order for IcloneU to provide the Services, You must provide content to train the AI which will in turn be used by IcloneU to generate community manager and customer service responses (collectively "User Content").
The User is solely responsible for and obligated to provide User Content to train IcloneU's AI through the Platform or any integration that IcloneU authorizes for such purpose, subject to these Terms and any limitations or technical requirements of the Platform.
IcloneU acknowledges that User Content is the exclusive property of the User or its licensors. The User declares and warrants that it is the owner or licensor of and respects all rights, titles and interests applicable to the User Content it provides to IcloneU, including, but not limited to, copyrights, trademarks and privacy and personal data protection rights. The User further warrants that it has the right to transmit User Content to IcloneU and to authorize IcloneU to use it for the provision of Services and to improve them or improve any IcloneU operations or business.
The User grants IcloneU a non-exclusive, royalty-free, worldwide and transferable license to use, reproduce, modify, adapt, publish and distribute User Content exclusively for the purpose of providing the Services.
If the User so requests and to the extent permitted by the provision of Services, IcloneU undertakes to treat User Content confidentially and to use it only for the purposes established in these Terms.
IcloneU reserves the right to remove or modify User Content on the Platform when it considers it inappropriate, offensive or contrary to its policies or the policies of any of its providers or collaborators (e.g., social media platforms), even though IcloneU has no obligation to review it or any additional responsibility in relation to User Content.
The User, for its part, acknowledges that it is solely responsible for the accuracy of User Content and its legal scope, hereby releasing IcloneU from any liability regarding User Content and undertaking to hold IcloneU harmless from any claim, demand or legal action arising from the use of User Content, including, but not limited to, claims for infringement of intellectual property rights or violation of privacy rights.
IcloneU may provide Users with complementary services to the Services provided under a Subscription (as such term is defined below) ("Complementary Services"). These may include, but are not limited to, custom software development, for example, API creation, third-party system integration, as well as customization of Platform functions or features, sending additional messages to those established in the applicable Subscription, additional support services and consulting adapted to the specific needs of the User. These services are not included in your Subscription and may generate additional charges, which will be determined by IcloneU based on their scope and complexity.
Users may request Complementary Services through the Platform or, alternatively, by sending a service request through email services@icloneu.ai. If Complementary Services are contracted through the Platform, the User will have access to all relevant information about such services on it. If the request for Complementary Services is made through email services@icloneu.ai, IcloneU will provide a detailed proposal that will include the scope of Complementary Services, estimated timeframes, associated costs, intellectual property rights, service levels and any other applicable special terms. If the User accepts the proposal, both parties will sign the corresponding contract or work order, which will be subject to these Terms to the extent they do not contradict them.
As part of the Services, IcloneU provides Users with access to a control panel ("Control Panel") through which they can manage their Subscription and some of the Complementary Services, including viewing their details, updating/modifying them and applicable additional termination.
Changes to the Subscription or Complementary Services may result in adjustments to the Fee or its billing.
Users can terminate their Subscriptions through the Control Panel, as well as Complementary Services contracted through such means.
IcloneU guarantees that the Platform will be available to the User 95% of the time during each calendar month (the "Uptime"). Uptime will not include Platform and Services downtime resulting from:
To access the Services, an Internet-enabled device is required. Additionally, such devices must have an updated Internet browser that allows you to access the Platform through our Site.
Additionally, the User accepts that the Services are provided by IcloneU online and remotely through an Internet connection, therefore, to access them, the User must, at its own cost, contract appropriate Internet access. IcloneU does not provide any warranty regarding such access and, in case of problems related to Internet connection, the User agrees to contact directly with its provider, manufacturer or corresponding seller.
The User acknowledges and accepts that our Services depend on services, platforms, tools, APIs, protocols and/or systems provided by third parties, including but not limited to social media platforms, hosting services, connectivity providers, payment platforms and other technological services external to IcloneU (the "Third Party Services").
Third Party Services are subject to their own terms and conditions, privacy and usage policies, communication and integration protocols, functionalities, technical or security requirements, rates and other provisions, which may be modified unilaterally by such third parties at any time and without prior notice.
In the event that modifications made by Third Party Service providers are incompatible with the provision of our Services, result in disproportionate costs, generate legal or technical risks, or otherwise prevent or hinder the provision of our Services, we reserve the right to temporarily or permanently suspend affected functionalities, modify the characteristics of our Services, pause the provision of Services until resolving the incompatibility, or definitively cancel the Services or certain functionalities thereof if it is not technically or economically viable to continue them.
To the extent possible, we will notify Users of any interruption, modification or cancellation of Services resulting from changes or interruptions in Third Party Services. We will make reasonable efforts to seek viable technical alternatives, minimize impact on Users, provide a transition period when feasible, and offer substitute solutions when available.
The User accepts that IcloneU will not be responsible for: (i) the terms, quality, availability or performance of Third Party Services; or (ii) for interruptions, modifications or cancellations of Services that result directly or indirectly from changes made by Third Party Service providers, nor for damages that such situations may cause.
You may choose to receive newsletters and marketing communications from IcloneU regarding our products and services and those of other companies in IcloneU's corporate group, including promotional offers and updates. You may unsubscribe from these emails at any time by clicking the "unsubscribe" link at the bottom of our emails or by sending an email to wecare@icloneu.ai. Your email address will be treated in accordance with our https://icloneu.ai/PrivacyPolicy.
Remember that unsubscribing from marketing messages will not prevent you from receiving Service-related messages.
By visiting, browsing and/or using the Platform, creating your Account and/or using the Services, the User: (i) is subject to these Terms and agrees to comply with them; (ii) if a natural person, guarantees to IcloneU that they are of legal age according to applicable legislation, with legal capacity to be bound by these Terms; (iii) if a legal entity, guarantees to IcloneU that the legal representative accepting these Terms has sufficient authority and powers to represent and bind the User; and (iv) if providing information to IcloneU, undertakes to do so truthfully, accurately, completely and precisely.
The User must register and create an account on the Platform (the "Account") to access the Services. Required fields, including your contact email, must be filled with accurate and current information during this registration process. Alternatively, the User may log in through their Google account, in which case they will also have to provide certain information for the creation of their Account and such access will also be governed by Google's terms and conditions.
The Account will serve as a personal and confidential identification mechanism for the User, and for purposes of Section 2 of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), it will be considered as an electronic signature and will identify the User electronically; any consent or authorization granted through the Platform, including acceptance of checkboxes, will be considered as express and written consent. The User acknowledges and accepts that the Account and Platform are a valid means of communication with IcloneU.
After creating the Account, the User will receive a confirmation email at the address provided during registration. This email will include a link to activate the Account.
The User acknowledges and accepts that the authentication process described above may be updated according to industry standards.
Some Subscriptions allow the User to link their social networks to their Account and invite other users to register their own Account and collaborate on such social networks through the Platform. In such case, the first User will be responsible for any misuse resulting from the above.
The User may not register more than one Account with the same email address, nor transfer their Account to third parties. It is the User's exclusive responsibility to maintain the confidentiality and security of their Account, except for uses expressly authorized in these Terms. The User will be responsible for all activities performed through their Account. In case of theft, impersonation or unauthorized access, the User must immediately notify IcloneU at the following email address: wecare@icloneu.ai.
The User undertakes not to impersonate any person or entity, nor to falsify their identity or affiliation, including username, email, password and any other information related to the Account.
The User acknowledges that they do not acquire any intellectual property rights over the Platform. IcloneU reserves the right to block, suspend or deny access to any User's Account, or to prohibit access to the Platform and its content, if it considers, at its sole discretion, that the User has violated these Terms or is making improper use of the Platform.
By providing your email through the Platform, the User accepts and acknowledges that such email is a valid and legally binding means of communication. Any consent, authorization or communication made through this means will be considered valid and binding for the User.
Once the User creates their Account, they must select one of the three types of subscriptions offered by IcloneU in the Control Panel: basic, advanced or enterprise ("Subscriptions"), whose features are described on the following page: https://icloneu.ai/plans.
The User can consult and modify certain details of their Subscription in the Control Panel or use the contact information provided in Section 12 of these Terms. Likewise, the User can cancel their Subscription through such means at any time, with cancellation being effective from the expiration of the selected Payment Cycle (as such term is defined below). To cancel the Subscription, the User must be current with all corresponding payments.
Upon termination of Services, the Platform will allow the User to choose to download their User Content and/or whether they want all their information to be deleted. IcloneU will follow your instructions unless otherwise agreed in writing or if a law requires otherwise.
The User may select the payment period for the Subscription, either monthly or annual ("Payment Cycle"), when creating their Account or later through the Control Panel. The rate for the selected Subscription will be informed during the creation of your Account (the "Fee").
The Fee and, if agreed by the parties, the consideration for Complementary Services, will be paid through charges to the current credit or debit card provided by You (the "Payment Method") and will be processed by aggregators, gateways or payment platforms. Access to their sites or services will be made through links or directly on the Platform, and will be governed by the applicable third party's terms of use and/or any agreements between You and such third party(ies) and, where applicable, their privacy notice. IcloneU is not and will not be responsible for such processes.
By registering or contracting Complementary Services, the User authorizes IcloneU and/or payment providers to charge the Fee for the selected Subscription and any other consideration for Complementary Services.
Fee charges will be made in advance, according to the selected Payment Cycle. The User may modify the Payment Cycle in the Control Panel or by contacting customer service according to section 12.2 of these Terms. All applicable modifications will be effective at the end of the current Payment Cycle.
For monthly Payment Cycles, the first charge will be made on the day of contracting the Services and subsequent charges will be made monthly automatically until cancellation or termination of the Subscription. For annual Payment Cycles, the first charge will be made on the day of contracting the Services and subsequent charges will be made annually automatically until cancellation or termination of the Subscription. The User can consult the selected Payment Cycle and billing dates in the Control Panel.
The User accepts that Fees may be modified by IcloneU at any time and without prior notice. No changes or refunds will be made once payment of the Fee has been made or a promotional code has been used.
The User can modify the Payment Method in the Control Panel, for example, regarding the expiration date or validity of their credit or debit card.
In case of expiration of the Payment Method without modification or cancellation of the Account, the User will be responsible for any pending payments. IcloneU may suspend access to Services in case of lack of any payment, and the User must pay the full Subscription or any other pending consideration until the suspension date.
If You require an invoice for the Subscription or any other payment made to IcloneU, You may request it through the Platform.
The User is responsible for the accuracy of tax data provided for invoice issuance. IcloneU will not be responsible for invoices issued with incorrect data.
If the User registers for a free trial of the Services ("Free Trial"), IcloneU will provide access to the basic plan Subscription at no charge until the first of the following dates: (i) completion of a 30-day trial period, (ii) cancellation of the Free Trial by the User with at least one day's notice, or (iii) cancellation by IcloneU at any time.
The User may not access the Free Trial if they have previously been a User of the Services or have had access to a Free Trial.
The User accepts and acknowledges that the Free Trial may be subject to additional terms and limitations, which will be informed to the User during the creation of their Account or subsequently through any means determined by IcloneU.
Unless applicable law provides otherwise, User Content entered into the Platform or provided to IcloneU during the Free Trial will be permanently lost if the corresponding Subscription is not acquired.
The Parties agree that the Platform, including the Site, may contain links to third party pages or content. The User accepts that such pages and content will be governed by the terms and conditions of use and privacy notices of such third parties.
The User acknowledges that IcloneU is not responsible for the content, agreements, terms and conditions of use or processes performed on third party websites, and therefore assumes no responsibility in this regard.
This section sets forth the characteristics, requirements and minimum standards for use of the Platform (the "Platform Usage Policies"):
The User must hold IcloneU harmless from any liability, penalty or obligation resulting from violation of these Platform Usage Policies.
Except for User Content, all elements of the Platform, Site and Services, including IcloneU Software, other software, audiovisual materials, texts, graphics, logos, designs, photographs, icons, images, trademarks, video clips, audio and any other elements thereof are owned by IcloneU and/or its respective licensors, and are protected by corresponding copyright laws, industrial property protection laws and/or other laws or international treaties, as applicable in any jurisdiction (the "IcloneU Intellectual Property"), even if they are not registered with corresponding authorities. In accordance with the foregoing, the User acknowledges that they have no property rights over IcloneU's Intellectual Property.
The User may not reproduce and/or use, totally or partially, by any form or means, IcloneU's Intellectual Property, except in accordance with what is expressly established in these Terms.
In accordance with the foregoing, the User agrees that they will not modify, alter, manipulate, decompile or reverse engineer IcloneU's Intellectual Property, nor use methods of analysis, extraction or data mining on it. The User acknowledges and accepts that IcloneU will have the right to suspend the Account and/or its use of the Platform, if IcloneU considers, at its sole discretion, that the User infringed or is infringing IcloneU's Intellectual Property or the restrictions established in these Terms.
To report copyright or industrial property infringements, the User must notify IcloneU according to Section 12 of these Terms.
IcloneU undertakes to maintain the security and confidentiality of User information, implementing a current SSL (Secure Sockets Layer) security certificate and, therefore, a secure connection through HTTPS. However, the User is obligated to inform IcloneU immediately and promptly about any compromised or unauthorized use of their Account, using the contact information provided in Section 12 of these Terms. You can consult more details about IcloneU's security on the following page: https://icloneu.ai/DataProtectionPolicy.
The User grants IcloneU the right to use their name, logo and/or company-related information for marketing, advertising, or promotion purposes of IcloneU's services. IcloneU may include the User's name and trademarks in its promotional materials, case studies, testimonials or other advertising content, unless the User indicates in writing their opposition to such use.
IcloneU makes no representations or warranties of any kind in relation to the Platform, Site and Services, whether express or implied, including, but not limited to any implied warranties of fitness for a particular purpose, availability, integrity, compatibility or absence of intellectual property infringements, recommendations, suggestions, questionnaires, among others. In accordance with the foregoing, the User accepts and acknowledges that there may be interruptions, blockages, inability to access, losses, interference and errors when using the Platform, Site and Services, and it may even have spyware, malware or other security vulnerabilities; therefore, IcloneU assumes no responsibility derived from the foregoing. Under no circumstances will IcloneU be responsible for any damage, including incidental, consequential, indirect or punitive (including, but not limited to, harm and losses) derived from or in relation to the use or inability to use the Platform, Site and Services.
Neither IcloneU, nor any person related to IcloneU, will be responsible for any damage or harm, produced directly or indirectly, resulting from: (a) access to, use of, or inability to access, have or use the Platform, Site and Services or any other failure thereof; (b) any damage, harm or loss related to the use of the Platform, Site and Services; (c) any conduct or content of any part of the Platform, Site and Services, including without limitation, any defamatory, offensive or illegal conduct; or (d) unauthorized access, use or alteration of the Platform, Site and Services.
The User acknowledges that the waivers and limitations contained in these Terms are reasonable and fair and expressly accepts them.
Neither IcloneU, its affiliates, subsidiaries, suppliers, licensors, nor its employees or other party involved in providing Services or operating the Site and Platform, will be responsible for damages of any kind. This includes, but is not limited to, incidental, special, exemplary or consequential damages, such as loss of profits, loss of data or goodwill, service interruption, computer damage or failures of the Platform, Site and Services. This disclaimer applies to any claim related to these Terms, or the use or inability to use the Platform, Site and Services, regardless of whether the claim is based on warranty, contract, tort (including negligence), civil liability or any other legal theory. This limitation of liability will apply even if IcloneU has been informed of the possibility of such damages, or if a limited solution provided in these Terms fails its essential purpose.
The User acknowledges that (i) exclusions and limitations of damages are fundamental elements of the relationship between IcloneU and the User; and (ii) the waivers and limitations in these Terms are reasonable and fair, and expressly accepts them.
In addition to any other applicable indemnification, the User undertakes to indemnify, defend and hold harmless IcloneU and its affiliates from claims, liabilities, expenses and damages, including attorney fees and costs, arising from: (a) use of the Platform, Site and Services in contravention of these Terms; and (b) violation of laws or third party rights during use of the Platform, Site and Services.
IcloneU will provide technical support for the Platform through an online ticket system. This system will be the primary channel for receiving and managing support requests. The User may submit support tickets through the Platform or through any other method specified by IcloneU. Each ticket must include a detailed description of the problem, including, when possible, screenshots, error messages and any other relevant information that helps resolve the problem.
IcloneU will strive to respond to support tickets within a reasonable timeframe. Response times may vary depending on the complexity of the problem and the User's support level.
IcloneU reserves the right to prioritize support tickets according to their severity and impact. IcloneU will make all reasonable efforts to resolve problems reported by the User. Problem resolution may involve providing instructions, correcting software errors, or recommending alternative solutions.
Technical support will be limited to Platform functioning problems and will not include support for hardware, third-party software or problems due to misuse. IcloneU reserves the right to determine the scope of technical support.
IcloneU will keep the User informed about the status of their support tickets through the Platform. The User may also track their tickets and provide additional information through the Platform.
If the User wishes to present any claims or request clarifications about the Platform, including those related to intellectual property rights or Account use, the User may contact IcloneU's customer service center through the following email: account@icloneu.ai
By accepting these Terms, the User authorizes receiving notifications from IcloneU through various means, including email, text message, instant messaging application, automatic notifications, notices or messages on the Platform, or any other electronic or physical means determined by IcloneU.
The User may inform themselves at any time about the processing that IcloneU gives to their personal data, as well as procedures to exercise their related rights, in our Privacy Notice. This notice is available on the Site, in the Privacy Notice section and can be consulted at https://icloneu.ai/PrivacyPolicy.
The Parties acknowledge and agree that any obtaining, use, disclosure and/or storage (the "Processing") of information concerning a third person, identified or identifiable, by IcloneU and derived from the provision of Services or a referral by the User to IcloneU (the "Personal Data"), will be performed in the capacity of data processor for the User for purposes of the General Data Protection Regulation (GDPR) and applicable US state privacy laws (collectively, the "Data Protection Legislation"), so IcloneU will perform such Processing of Personal Data on behalf of the User, as applicable, exclusively for the purpose of providing Services to the User and in accordance with the terms established in this section.
IcloneU will have the following obligations regarding Personal Data Processing:
The User will have the following obligations regarding Personal Data Processing:
IcloneU reserves the right to modify these Terms at any time. Any modification will be effective immediately after being published on the Platform, in the Terms section, or upon the User receiving an email notifying such modification. Continued use of the Platform, Site or Services by the User, after publication of the modification, constitutes full acceptance of the modifications, without need for additional notification, constituting express and binding acceptance.
IcloneU also reserves the right to modify, update or make changes to Services, provided such modifications do not substantially affect User rights and obligations nor reduce functionality or quality of contracted Services. Any modification will be notified to the User with reasonable advance notice, through the Platform or by email, and will take effect on the date specified in the notification. In case the modification adversely affects the User, they will have the right to cancel their Subscription without penalty, within 5 days from notification of the modification.
If any provision of these Terms is unenforceable or declared invalid by a competent judge, the other provisions will remain valid and applicable. The failure to exercise an action by IcloneU against the User for breach does not imply IcloneU's waiver to exercise legal actions at any time, nor acceptance of the breach.
IcloneU and the User agree that any conflict related to these Terms, the Account and/or the Platform will be governed by the applicable federal laws of Mexico, expressly submitting to the jurisdiction of competent courts in Mexico City, Mexico, and the User expressly waives any other jurisdiction that for any reason might correspond.
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