Terms of Service
Last Updated: March 11, 2025
1. Introduction
Welcome to I'm Red, an AI-driven customer experience platform operated by Deus X Markets Ltd. ("I'm Red," "we," "us," or "our"). By accessing or using our website, services, applications, or any other content provided by I'm Red (collectively, the "Services"), you ("User," "you," or "your") agree to comply with and be bound by these Terms of Service ("Terms").
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must not access or use our Services.
2. Eligibility
To use our Services, you must be at least 18 years old and capable of forming a binding contract with I'm Red. By using our Services, you represent and warrant that you meet the eligibility requirements.
Organizations using our Services must ensure that their authorized representatives have the authority to bind the organization to these Terms.
3. Account Registration
3.1 Account Creation
To access certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information about yourself and your organization as prompted by the registration form.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Account Types
I'm Red offers different account types, including but not limited to free trials, subscription-based accounts, and enterprise accounts. The specific features, limitations, and pricing for each account type are described on our website or in a separate agreement.
4. Subscription and Payment Terms
4.1 Subscription Plans
We offer various subscription plans for our Services. The features and limitations of each plan are described on our website or in a separate agreement.
4.2 Free Trial
We may offer a free trial period for certain subscription plans. At the end of the trial period, your account will be automatically converted to a paid subscription unless you cancel before the trial period ends.
4.3 Payment
You agree to pay all fees associated with your chosen subscription plan. All fees are non-refundable unless expressly stated otherwise or required by applicable law.
4.4 Billing Cycle
Subscription fees are billed in advance on a recurring basis, depending on your chosen billing cycle (monthly, quarterly, or annual). You authorize us to charge your payment method for all fees incurred.
4.5 Price Changes
We reserve the right to change our prices at any time. We will provide notice of any price changes before they take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified price.
4.6 Taxes
Unless otherwise stated, all fees do not include applicable taxes. You are responsible for paying all taxes associated with your use of the Services.
5. Services and License
5.1 License to Use Services
Subject to these Terms, I'm Red grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
5.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability. We will use reasonable efforts to provide notice of material changes to the Services.
5.3 Third-Party Services
Our Services may integrate with or contain links to third-party websites or services. We are not responsible for the content or practices of these third-party services, and their inclusion does not imply endorsement.
6. User Responsibilities
6.1 Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services in any manner that violates any applicable law or regulation.
6.2 Prohibited Activities
You shall not:
- Use the Services to harass, abuse, threaten, or violate the rights of others.
- Use the Services to transmit any viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
- Use any automated means, including robots, scrapers, or data mining tools, to access the Services or collect any information from the Services.
- Use the Services to generate or distribute unsolicited commercial email or other forms of spam.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services or any part thereof.
- Use the Services to store or transmit content that infringes upon the intellectual property rights of others.
6.3 User Content
You may have the ability to upload, submit, store, send, or receive content through our Services ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.
By submitting User Content to our Services, you grant I'm Red a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for the limited purpose of providing the Services.
You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not violate any laws or infringe upon the rights of any third party.
7. Intellectual Property Rights
7.1 I'm Red Property
All intellectual property rights in and to the Services, including but not limited to software, graphics, text, logos, and other materials, are owned by or licensed to I'm Red. Nothing in these Terms grants you any right, title, or interest in the Services other than the limited license set forth in Section 5.1.
7.2 Feedback
If you provide any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant I'm Red a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to compensate you.
8. Confidentiality
8.1 Confidential Information
"Confidential Information" means all non-public information disclosed by one party ("Discloser") to the other party ("Recipient"), whether orally, in writing, or by other means, that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be confidential.
8.2 Protection of Confidential Information
Recipient agrees to: (a) use Discloser's Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms; (b) protect Discloser's Confidential Information from unauthorized use or disclosure with the same degree of care Recipient uses to protect its own confidential information, but in no event less than reasonable care; and (c) limit access to Discloser's Confidential Information to those of its employees, agents, and contractors who need such access for purposes consistent with these Terms and who are bound by confidentiality obligations at least as protective as those herein.
8.3 Exceptions
The obligations in Section 8.2 do not apply to information that: (a) is or becomes publicly available through no fault of Recipient; (b) was known to Recipient before receipt from Discloser; (c) is rightfully received by Recipient from a third party without a duty of confidentiality; or (d) is independently developed by Recipient without access to or use of Discloser's Confidential Information.
9. Data Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I'M RED, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL I'M RED'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO I'M RED FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF I'M RED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Indemnification
You agree to indemnify, defend, and hold harmless I'm Red, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; or (d) your User Content.
13. Term and Termination
13.1 Term
These Terms will remain in effect until terminated by either you or I'm Red.
13.2 Termination by You
You may terminate these Terms at any time by canceling your account and ceasing to use the Services. If you terminate during a subscription period, we will not provide a refund for any unused portion of your subscription.
13.3 Termination by I'm Red
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
13.4 Effect of Termination
Upon termination, your right to use the Services will immediately cease. Sections 6.3, 7, 8, 10, 11, 12, 13.4, and 14 of these Terms shall survive termination.
14. General Provisions
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.
14.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the courts of Malta, and you consent to the personal jurisdiction of such courts.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
14.4 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
14.5 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to any affiliate or successor, without your consent.
14.6 Entire Agreement
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and I'm Red concerning the Services.
14.7 Amendments
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the amended Terms on our website or by notifying you through the Services. Your continued use of the Services after such notice constitutes your acceptance of the amended Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: Deus X Markets Ltd., 196, ST BALLUTA BUSINESS CENTRE, LEVEL 8 & 9, TRIQ CENSU TABONE, SAN GILJAN STJ 1219, Malta