Terms of Use
I. Acceptance of Terms
1. Infinite Apps’ website, available at https://infinite-platforms.com./ (referred to as the "Website"), along with the content available via our website, apps and our emails (collectively termed "Content"), is operated by Infinite Apps Limited, a Hong Kong company with its registered office at Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong (referred to as "we," "us," "our," or the "Company"). Together, the website, content, tools, transactions, and other services provided through the Website are referred to as the "Service".
2. By accessing and using the Service, you agree to be bound by these Terms and Conditions of Use (the "Terms"), forming a legally binding relationship between you and the Company. Therefore, please read these Terms carefully before using the Service.
3. Additionally, please review our Privacy Policy, available at https://infinite-platforms.com/privacy. The terms of our Privacy Policy and any supplementary terms, policies, or documents posted on the Service from time to time are incorporated herein by reference. We reserve the right to change these Terms at any time, at our discretion. Unless stated otherwise, we will notify you of changes by updating the "Last Updated"</b> date of these Terms, and you waive the right to receive specific notice of such changes.
4. These Terms contain disclaimers of warranties (Section “Disclaimer of Warranties”), limitations of liability (Section “Limitation of Liability”), and provisions that waive your right to a jury trial, as well as your right to participate in a class action (Section “Mandatory Binding Arbitration and Class Action Waiver”). Arbitration is the exclusive and mandatory remedy for any and all disputes (Section “Mandatory Binding Arbitration and Class Action Waiver”).
5. If you disagree with any part of these Terms or if you are not eligible to be bound by them, please do not access or use the Website or the Service.
II. Use of Service
1. By using the Service, you represent and warrant that: (i) all information you provide is truthful and accurate; (ii) your use of the Service complies with all applicable laws and these Terms. Failure to comply may prevent us from personalizing the services effectively.
2. The Service is not intended for individuals under the age of 16. You confirm that you meet this age requirement. Users who are minors in their jurisdiction (generally those under 18) must have permission from and be supervised by a parent or guardian to use the Service. If you are a minor, ensure your parent or guardian reads and agrees to these Terms before you use the Service.
3. The Company reserves the right to suspend or terminate your use of the Service or your access to it, with or without notice, if you violate these Terms.
4. The Company is not obligated to provide customer support but may do so at its discretion.
5. By using the Service, you consent to receive certain communications and updates from the Company. You may opt-out of non-essential communications by unsubscribing from the email notifications.
6. The Service may be modified, updated, interrupted, or suspended at any time without notice or liability on our part.
7. You are fully responsible for acquiring the necessary equipment and telecommunications services required to access the Service and for any associated fees (e.g., computing devices and internet service fees).
8. Your access to and use of the Service is at your own risk. The Company is not liable for any harm to your computing system, data loss, or other damages, including personal injury, resulting from your access to or use of the Service or reliance on any information provided.
9. The Service may contain links to third-party websites, apps and advertisements ("Third Party Content"). We are not responsible for the content of these websites, apps and ads and provide them only for your convenience. You assume all risks associated with using these external sites and apps. When you go to a third party site, the applicable service provider’s terms and policies govern. You should read those terms and policies before proceeding with any transaction with any third party. Your transactions and any other interaction with Third Party Website, Apps and Ads, including payment and delivery of their goods or services, are solely between you and such provider, merchant or advertiser.
10. You release us, along with our employees, agents, and successors, from any claims, demands, losses, damages, rights, or actions of any kind. This includes, but is not limited to, personal injuries, death, and property damage that are directly or indirectly connected to your interactions with the Service, and/or any Third Party Content.
11. You agree and confirm that your use of the Service, in whole or in part, will adhere to the provided license, covenants, and restrictions. You also affirm that your usage will not infringe upon the rights of any other party or violate any contracts or legal obligations. Furthermore, you agree to comply with all relevant laws, regulations, and ordinances related to the Service, and you will be solely responsible for any violations of such laws.
III. User Representations and Restrictions
1. By using the Service, you represent and warrant that:
i. You have the legal capacity to agree to these Terms and will comply with them.
ii. You are at least 16 years old.
iii. You will not access the Service through automated or non-human means, including bots or scripts.
iv. You will not use the Service for any illegal or unauthorized purposes.
v. You are not listed on any U.S. government list of prohibited or restricted parties.
vi. You are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country.
vii. Your use of the Service will not violate any applicable laws or regulations.
2. If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to refuse any current or future use of the Service (or any part of it).
3. You may only access and use the Service for its intended purposes. The Service cannot be used for commercial endeavors unless explicitly authorized by us.
4. As a user of the Service, you agree not to:
i. Systematically retrieve data or content from the Service to create a collection, compilation, database, or directory without our written permission.
ii. Make any unauthorized use of the Service.
iii. Modify, adapt, enhance, or create derivative works from the Service.
iv. Use the Service for any revenue-generating activities or purposes for which it is not intended.
v. Make the Service accessible over a network that allows multiple users to access it simultaneously.
vi. Develop any products or services that compete with or substitute for the Service.
vii. Use our proprietary information, interfaces, or intellectual property to design, develop, or distribute applications or devices for use with the Service.
viii. Bypass, disable, or interfere with the security features of the Service.
ix. Engage in unauthorized framing or linking to the Service.
x. Disrupt or burden the Service or its connected networks.
xi. Decompile, disassemble, or reverse engineer any software that comprises the Service.
xii. Attempt to bypass any measures intended to prevent or restrict access to the Service.
xiii. Upload or distribute files containing viruses or other harmful software.
xiv. Launch any automated system, including spiders, robots, or scripts, to access the Service without authorization.
xv. Send automated queries to any website or unsolicited commercial emails through the Service.
xvi. Disparage or harm our reputation or that of the Service.
xvii. Use the Service in a manner that violates any applicable laws or regulations.
xviii. Otherwise violate these Terms.
IV. Intellectual Property Rights (IPR)
1. You acknowledge that all text, images, photos, graphics, marks, logos, design, content positioning and presentation (as in the arrangement of all the information and content provided), data, and any other content displayed on the Service or utilized by the Company (excluding User Content) are proprietary to us or third parties.
2. The Company reserves all rights, including intellectual property rights, in the aforementioned content. Any use, distribution, or exploitation of this material is strictly prohibited unless expressly permitted by these Terms. Use of the Service does not transfer any rights, title, or interest in such intellectual property to you or any third party.
3. Information you submit and any user-generated content ("User Content") remain your intellectual property; however, you grant the Company a non-exclusive, worldwide, transferable, perpetual, irrevocable right to use, publish, and distribute User Content in connection with the Service.
4. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license to use the Website and the Service solely for personal, non-commercial purposes.
V. Limitation of Liability
1. Under no circumstances shall we and/or our affiliates be liable to you or any third party for any lost profits or for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Service (including the Website or content) or Third Party Content, even if we have been informed of the possibility of such damages. Access to and use of the Service (including the Website, Apps, content, and user content, as well as Third Party Content) are at your own risk. You are solely responsible for any damage to your computer system or loss of data that may result.
2. Notwithstanding anything to the contrary, you agree that the total liability of the Company to you for any claims arising from your use of the Website, content, or Service is limited to the amounts you have paid to the Company for the Service. These limitations of liability are fundamental to the Terms between the Company and you.
3. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. You may also have additional legal rights that vary by jurisdiction.
VI. Disclaimer of Warranties
1. The Website, digital content, and other aspects of the Service are provided "as is" and "as available." We make no representations or warranties of any kind, either express or implied, including but not limited to implied warranties of title, non-infringement, integration, merchantability, and fitness for a particular purpose. All such warranties are expressly disclaimed.
2. The Company, along with its affiliates, licensors, and suppliers, does not guarantee that:
i. the Service, digital content, or other information will be timely, accurate, reliable, or correct
ii. the Service will be secure or available at any specific time or location
iii. any defects or errors will be fixed
iv. the Service will be free of viruses or harmful components; or
v. any specific results or outcomes can be achieved.
VII. Indemnity
1. You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives from any claims or demands made by third parties arising from:
i. your use of the Service,
ii. your User Content, or
iii. any violation of these Terms.
2. The Company reserves the right to take exclusive control of the defense against any claim for which you must indemnify us, at your expense, and you agree to cooperate in our defense. You also agree not to settle any claim without our prior written consent.
3. The Company will make reasonable efforts to notify you of any claims, actions, or proceedings of which it becomes aware.
VIII. International Use
The Company makes no representations regarding the accessibility, appropriateness, or legality of the Service in your jurisdiction. Accessing or using the Service from territories where it is illegal is strictly prohibited. You access the Service at your own initiative and are responsible for complying with local laws.
IX. Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.
1. Except where prohibited by law, you agree that any future claims you may have must be resolved through final and binding arbitration, rather than through a court trial. By agreeing to this provision, you waive your right to a jury trial. Please note that the rights available in court, such as discovery and the right to appeal, may be limited or unavailable in arbitration.
2. You agree to bring claims only in your individual capacity and not as part of any class or representative action. The arbitrator will not have the authority to consolidate claims or preside over any class proceedings.
3. Both you and the Company, including its employees, agents, parents, subsidiaries, and affiliates, agree to use arbitration (excluding small claims court) as the exclusive means of dispute resolution for all claims related to this Agreement, the Service, or the Privacy Policy. This is unless your jurisdiction prohibits the exclusive use of arbitration.
4. Arbitration is generally more informal than court proceedings. A neutral arbitrator will handle disputes, allowing for limited discovery and minimal court review. Arbitrators can award the same damages and remedies as courts.
5. To initiate arbitration, you must send a written Notice of Intent to Arbitrate to the Company via a tracked international courier or, if no address is provided, by email. The Notice should be sent to:
Infinite Apps Limited, Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong.
6. Your Notice must include (i) a description of the claim or dispute and (ii) the specific relief sought.
7. If an agreement is not reached within 30 days, either party may begin arbitration or file a claim in small claims court.
8. Administration of Arbitration: The Hong Kong International Arbitration Centre (“HKIAC”) will exclusively administer the arbitration according to its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these Terms.
9. Conduct of Arbitration: The arbitration will be conducted in English. An independent arbitrator will be appointed. The following rules will apply to streamline the process:
i. Arbitration will be conducted online or based solely on written submissions, as determined by the initiating party.
ii. Personal appearances by parties or witnesses are not required unless mutually agreed.
iii. Any judgment on the arbitrator's award may be entered in any court with competent jurisdiction.
10. To the fullest extent allowed by law, both parties agree to resolve claims only as individuals, not as class members or in consolidated proceedings. If any part of this clause is deemed unenforceable, you agree that the entire arbitration section will be void.
11. The arbitrator has the exclusive authority to resolve disputes regarding the interpretation, validity, or enforceability of this provision and the Terms. This includes determining if the arbitration clause can be enforced against non-parties.
12. All arbitration proceedings will be confidential, and records will be sealed, except as needed for court confirmation of the award. The arbitrator's decision will be in writing, including reasons for the outcome.
13. Equitable Relief: These arbitration provisions do not apply to claims seeking equitable relief for intellectual property rights. If the Company breaches the Terms, your only remedy will be monetary damages, not injunctive relief.
14. All claims must comply with this section; otherwise, they are considered improperly filed. The Company may recover attorney's fees for claims filed contrary to this section if you are notified and do not withdraw the claim promptly.
15. If any part of this section is found unenforceable, the entire section will be void, and the jurisdiction described in Section “Governing Law and Legal Proceedings” will govern any related actions.
16. Acknowledgment of Rights: You understand that you have a right to litigate in court, have a judge or jury decide your case, and participate in class actions. However, you agree to resolve any claims individually through binding arbitration.
X. Severability
If any part of this contract is found to be illegal by a court, the remainder will continue to be in effect. Each paragraph of these Terms functions independently; if any court or relevant authority deems any paragraph unlawful, the remaining paragraphs will remain in full force and effect.
The invalid provision will be modified to reflect the parties' intent as closely as possible within the limits of the law.
XI. Delay in Enforcing this Contract
If we delay in enforcing this contract, we still retain the right to enforce it later. If we do not immediately insist that you fulfill your obligations under these Terms, or if we postpone taking action against you for a breach, it does not waive our right to enforce those obligations later. For example, if you miss a payment and we do not pursue you but continue to provide the Products, we can still require payment at a later date.
XII. Additional Provisions
1. No delay or omission by the Company in exercising any rights due to your noncompliance or default will impair those rights or be considered a waiver. A waiver of any breach of these Terms does not imply a waiver of any future breaches or other provisions.
2. These Terms constitute the entire agreement between you and the Company regarding their subject matter, superseding all prior agreements, representations, or understandings, whether written or oral.
3. The Company may transfer or assign any of its rights and obligations under these Terms to any person, and by accepting these Terms, you consent to such assignments. You acknowledge that any version of these Terms indicating another party as a party to the Terms serves as valid notice of the transfer of the Company's rights and obligations.
4. All communications through the Service are considered electronic communications. When you interact with us via the Service or other electronic means, you are communicating electronically. You agree to receive communications from us electronically, which will be treated as written communications with the same legal effect. By clicking buttons labeled “Continue,” “Yes, please!”, “Access” or similar, you are providing a legally binding electronic signature and entering into a binding contract. Your electronic submissions signify your agreement to be bound by these Terms.
5. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records for transactions initiated or completed through the Service.
6. The Company will not be liable for any failure to comply with these Terms if such failure is due to circumstances beyond its reasonable control.
XIII. Governing Law and Legal Proceedings
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law:
i. Such action will be subject to the exclusive jurisdiction of the laws of Hong Kong;
ii. If you live outside Hong Kong, both parties agree to resolve legal disputes solely in the courts of Hong Kong;
iii. You hereby irrevocably submit to the jurisdiction and venue of the courts of Hong Kong and waive any defense of improper venue or inconvenient forum.
This is subject to any applicable consumer protections in your country that these Terms do not override. However, we reserve the right to protect our intellectual property rights (IPR) in any jurisdiction.
XIV. Contact Us
If you have any questions about the Service or wish to send any notice under these Terms, please contact us at: infinite.apps.limited@gmail.com.
The full name of our company is Infinite Apps Limited.
Our registered address and place of business is Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong.
XV. Summary of Your Legal Rights
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
If your product is digital content (for example, an e-book), the digital content provided must be as described, fit for purpose and of satisfactory quality:
i. If your digital content is faulty, you’re entitled to a repair or a replacement.
ii. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
iii. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is a Service (for example, access to our premium app version), your rights are:
i. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
ii. If you haven’t agreed on a price beforehand, what you’re asked to pay must be reasonable.
iii. If you haven’t agreed on a time beforehand, it must be carried out within a reasonable time.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS STATED ABOVE.
Last Updated: September 20, 2024