1. Introduction and Acceptance of Terms
This document serves to delineate the terms and conditions governing the use of the "Tasks" app developed by Intuitive CX Limited, hereinafter referred to as the "App." By accessing or utilising the App, the individual or entity accessing the service, hereinafter referred to as the "User" or "you," agrees to be legally bound by the terms and conditions set forth herein. This agreement constitutes a legally binding contract between the User and Intuitive CX Limited, hereinafter referred to as "we," "us," or "our." The establishment of clear terms and conditions is a standard practice for businesses offering online software services, ensuring a mutual understanding of rights and responsibilities between the service provider and the customer.
Acceptance of these terms is manifested by the continued use of the App after being presented with these terms.
We reserve the right to modify these terms and conditions at any time as the App evolves or in response to changes in legal or regulatory requirements. Notification of such modifications will be provided to Users through appropriate channels, which may include email communication, in-app notifications, or by posting the updated terms on our website. The continued use of the App following the effective date of any such modifications will be deemed as the User's acceptance of the revised terms and conditions. This ensures that the agreement remains current and that Users are informed of any changes that may affect their use of the App.
2. Description of the Application
The "Tasks" App is designed with the core functionality of allowing users of Intercom (Agents) to add tasks that need to be performed on conversations or tickets from within Intercom. These tasks can be created manually one by one, or a template containing a set of predefined tasks can be chosen to populate the tasks list accordingly.
It is essential to understand that the App's functionality is inherently dependent on the availability and proper operation of both Intercom. As this is a third-party platform, we cannot be held responsible for any disruptions, changes in functionality, or termination of services by Intercom that may impact the performance or availability of our App. Users acknowledge this dependency and understand that their usage of Intercom is governed by their own separate agreements with this entity.
3. User Accounts and Responsibilities
To utilise the App, Users will need to create an account through a process that involves linking their existing Intercom account to our platform. This linking process allows the App to access and interact with the necessary data from Intercom to facilitate the application's functionality.
Users are expected to adhere to an acceptable use policy when using the App. This policy encompasses several key principles. Firstly, Users must comply with all applicable laws and regulations, including those pertaining to data privacy and the transmission of data. Secondly, Users are prohibited from attempting to gain unauthorised access to the App, its underlying systems, or the accounts of other users. Interference with or disruption of the App's operation or the services provided to other users is strictly forbidden. Finally, Users must respect all intellectual property rights associated with the App, as detailed in Section 5 of these terms.
The accuracy and legality of any data that Users input into the App are their sole responsibility. We rely on the information provided by Users to facilitate the integration and are not liable for any issues arising from inaccurate or unlawfully obtained data. Furthermore, by utilising the App and linking their Intercom account, Users explicitly authorise us to access this account as necessary to provide the intended service. This authorisation is crucial for the App to function as designed.
4. Integration with Intercom
Users are explicitly reminded that their use of Intercom is governed by its terms of service and privacy policy. These are separate agreements between the User and Intercom, and Users are responsible for reviewing and agreeing to these terms independently of their agreement with us. Our terms and conditions solely pertain to the use of our "Tasks" App.
The functionality of the App necessitates the sharing of certain types of data between the User's Intercom and the App. This data sharing may include customer names, email addresses, details of customer conversations as imposed by the Intercom's Framework used to build applications. We process Intercom conversation data in real-time only and do not persistently store end-user conversation data. We retain Intercom agent identifiers strictly for role-based permissions and delete or anonymize such data within 30 days of account termination, unless a longer retention period is required by law. By utilising the App, the User provides explicit consent for this data to be shared between Intercom and the App to enable it to function as intended.
It is crucial to understand that our App's integration with Intercom does not imply any endorsement, sponsorship, or formal affiliation with Intercom. We provide the App as an independent service enhance the functionalities of Intercom. Consequently, we are not responsible for the services, content, or actions of Intercom, and Users should refer to its terms and policies for any issues or concerns related to its service.
Users are also advised that Intercom retains the right to modify, suspend, or terminate their services at any time, and such actions are beyond our control. Any such changes or terminations by Intercom may impact the functionality of our App, and we shall not be held liable for any resulting disruptions or inability to use the App. Furthermore, Users bear the sole responsibility for maintaining active and a valid account with Intercom and for ensuring that their account settings on Intercom are compatible with the requirements of our App.
5. Data Privacy and Security
We are firmly committed to complying with the General Data Protection Regulation (GDPR) and all other relevant data protection laws in the handling of User data. The protection of personal data is of paramount importance, and we strive to maintain the highest standards of data privacy and security.
In connection with the App, we may collect certain types of personal data from Users, such as account information provided during signup and anonymised usage data related to their interaction with the App. This data is primarily used to provide and improve the App's functionality, personalise the user experience, and for essential administrative purposes.
We implement appropriate technical and organizational measures, including encryption in transit and at rest, access controls, and security monitoring, designed to protect personal data against unauthorized access, alteration, disclosure, or destruction, consistent with GDPR Art. 32 and industry standards.
Our full Privacy Policy, which provides detailed information about our data processing practices, including the types of data we collect, how we use it, how we keep it secure, and the legal basis for processing, is readily available at https://www.intuitive.cx/privacy-policy. The Privacy Policy is an integral part of these terms and conditions, and Users are encouraged to review it carefully.
Users are also advised to review the privacy policies of Intercom to understand how their data is handled by Intercom, as we are not responsible for its data processing practices. Ensuring that Intercom offers sufficient guarantees for data protection in accordance with relevant laws is a responsibility that Users should consider.
6. Intellectual Property Rights
All intellectual property rights in and to the App, encompassing its design, code, software, graphics, and content, with the exception of any third-party software or services, are owned by us or our licensors. These rights are protected by copyright laws and other intellectual property legislation.
Users are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the App solely for its intended purpose of creating Task lists, subject to the terms and conditions outlined herein. This licence does not grant Users any ownership rights in the App or its content.
Users are strictly prohibited from engaging in any of the following actions with respect to our intellectual property: copying, modifying, distributing, selling, or leasing any part of the App; reverse engineering, decompiling, or attempting to extract the source code of the App, except to the extent expressly permitted by applicable law; using our trademarks, logos, or any other proprietary marks without obtaining our prior written consent; or creating derivative works based upon the App.
In the event that Users input any data or content into the App, they will retain ownership of their own data. However, by using the App, Users grant us a non-exclusive licence to access, process, store, and transmit this content solely for the purpose of providing the integration services and as otherwise outlined in our Privacy Policy.
7. Service Availability and Support
We will use commercially reasonable efforts to ensure that the App is available to Users. However, Users acknowledge that occasional downtime may occur due to scheduled maintenance, necessary updates, unforeseen technical issues, or events beyond our direct control.
We reserve the right to perform scheduled and unscheduled maintenance and updates to the App, which may temporarily affect its availability. Where possible, we will endeavour to provide Users with reasonable advance notice of any planned downtime, for example, through in-app notifications or email communications.
We will provide customer support services to assist Users with any issues or questions they may have regarding the use of the App. The scope of our support services includes chat support, access to a knowledge base and FAQs via the Task home page.
It is important to note that our support services will be limited to issues directly related to the functionality of our App. We will not provide support for issues arising from the User's use of Intercom, or for any customisation requests beyond the standard features of the App. Users should contact the support team for Intercom for any issues related to their platform.
While we strive to maintain the availability of the App, we shall not be liable for any failures or delays in service that are attributable to outages in telecommunications networks, internet backbones, or other network infrastructure that is outside of our direct facilities and control.
8. Fees and Payment
The specific pricing structure, including details of subscription plans, are clearly outlined on our pricing page - https://help.intuitive.cx/en/articles/11705021-tasks-app-pricing.
Accepted payment methods, billing cycles (e.g., monthly, annually), and payment due dates will be specified during the signup or payment process. Users are responsible for ensuring that their payment information is accurate and up-to-date.
The subscription period will be specified during the purchase process. Subscriptions automatically renew for subsequent periods of the same duration unless the User actively cancels their subscription before the end of the current billing cycle. The process for cancellation will be clearly communicated within the confirmation email received after payment.
We reserve the right to modify the pricing for the App or any of its features at any time. Users will be notified of any such price changes in advance, typically via email or in-app notification. The effective date of the price change will be specified in the notification.
Unless explicitly stated otherwise, all prices are exclusive of applicable taxes, such as Value Added Tax (VAT), which will be added to the total amount payable where required by law.
In the event of late payments or non-payment of fees, we reserve the right to suspend or terminate the User's access to the App.
9. Term and Termination
This agreement will commence on the date the User accepts these terms and will continue until terminated by either party.
Users have the right to terminate their account and this agreement at any time through the account settings within the App or by contacting our customer support team via https://help.intuitive.cx/en/collections/13746751-tasks-app
We reserve the right to terminate the User's access to the App and this agreement under certain circumstances, which may include, but are not limited to: a material breach of these terms and conditions by the User; failure to pay applicable fees when due; engagement in illegal or prohibited activities while using the App; or if we decide to discontinue the App or any part thereof. Where feasible, we will provide reasonable notice to Users in the event of a planned discontinuation of the App.
Upon termination of this agreement, the User's right to access and use the App will immediately cease. Any outstanding fees for the current billing period will become immediately due and payable. We may retain or delete User data in accordance with our data retention policy and applicable laws. Where possible and upon request made within a reasonable timeframe after termination, we will endeavour to provide Users with a means to retrieve their data in a structured and commonly used format.
Certain clauses of these terms and conditions, by their nature, will survive the termination of this agreement. These include, but are not limited to, clauses relating to intellectual property rights, confidentiality obligations (if any), limitations of liability, indemnification, and governing law.
In cases where our pricing model involves longer-term subscriptions, we may consider including clauses that specify penalties for early termination by the User to account for the commitments made. Details of any such penalties would be clearly outlined at the time of subscription.
10. Limitation of Liability and Disclaimer of Warranties
The App is provided on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be error-free, uninterrupted, or completely secure.
To the maximum extent permitted by law, our aggregate liability to the User for any losses or damages arising out of or in connection with these Terms or the use of the App shall not exceed the greater of (a) the total fees paid by the User for the App in the twelve (12) months immediately preceding the claim, or (b) €10,000.
This limitation shall not apply to liability arising from (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) infringement of third-party intellectual property rights by the App; or (iv) breach of our data protection obligations resulting from our failure to implement appropriate technical and organisational measures.
In all other cases, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
Notwithstanding the foregoing limitations, nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Irish law.
We shall not be liable for any issues, losses, or damages arising from the User's use of Intercom. The User acknowledges that their interactions with Intercom are solely between the User and Intercom.
While we have taken reasonable measures to ensure the security of the App and User data, we cannot guarantee absolute security. Users acknowledge that the internet and data transmissions are inherently subject to security risks, and we shall not be liable for any unauthorised access to or use of User data that is not directly caused by our gross negligence or wilful misconduct. The limitations of liability outlined herein are considered fair and reasonable in the context of the services provided.
11. Governing Law and Dispute Resolution
These terms and conditions shall be governed by and construed in accordance with the laws of Ireland.
Any disputes arising out of or in connection with these terms and conditions, including any questions regarding their existence, validity, or termination, shall first be attempted to be resolved amicably through direct negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within a reasonable timeframe, they may consider pursuing mediation in an effort to reach a mutually acceptable resolution.
In the event that negotiation and mediation fail to resolve the dispute, the parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim.
This choice of governing law and jurisdiction is intended to provide a clear and consistent framework for resolving any legal issues that may arise under this agreement.
12. Modifications to the Terms
We may amend these terms to reflect changes in law, regulation, or functionality. Material changes will be notified at least 30 days in advance, and Users may terminate the agreement without penalty before the effective date if they do not agree to the changes. Any changes to these terms will be effective upon the posting of the revised terms on our website or through other notification methods as deemed appropriate.
Users will be notified of any material changes to these terms and conditions, typically via email or through an in-app notification, and the date on which the revised terms will become effective will be specified in the notification.
The User's continued access to or use of the App after the effective date of any such changes will constitute their acceptance of the modified terms and conditions. It is the User's responsibility to review the most current version of the terms and conditions periodically to stay informed of any updates.
13. Contact Information
For any questions or concerns regarding these terms and conditions, please get in touch with us:
Intuitive CX Limited
Orchardton,
Dublin, D14N2R6,
Ireland