Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Incognity ("Company," "we," "our," or "us") concerning your access to and use of our website, services, and products (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

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:

• Use a strong and unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities conducted through your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

4. Use of Services

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Using the Services for any illegal or unauthorized purpose
• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting the Services or servers
• Transmitting viruses, malware, or any harmful code
• Reverse engineering, decompiling, or disassembling any part of the Services
• Scraping, crawling, or harvesting data from the Services
• Impersonating any person or entity
• Harassing, threatening, or abusing other users
• Uploading or transmitting infringing, defamatory, or offensive content
• Using automated systems to access the Services without permission
• Reselling or commercializing the Services without authorization

5. Services and Deliverables

5.1 Service Description

We provide software development, web development, mobile app development, dashboard solutions, geospatial services, and digital growth services as described on our website.

5.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5.3 Service Level and Availability

While we strive to provide reliable and uninterrupted Services, we do not guarantee that the Services will be available at all times or free from errors, viruses, or other harmful components.

6. Payment and Billing

6.1 Fees

Certain aspects of our Services may be provided for a fee. You agree to pay all applicable fees as described in your service agreement or on our website. All fees are non-refundable unless otherwise specified.

6.2 Payment Terms

Payment is due according to the terms specified in your service agreement. Late payments may result in suspension or termination of Services and may incur late fees.

6.3 Taxes

You are responsible for all applicable taxes, duties, and fees imposed by governmental authorities, excluding taxes based on our net income.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all content, features, and functionality are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You acknowledge that all rights, title, and interest in the Services remain with us.

7.2 Your Content

You retain ownership of any content you submit, post, or display through the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content solely for the purpose of providing the Services.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without compensation or attribution.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the provision of Services. This obligation survives the termination of these Terms.

9. Warranties and Disclaimers

9.1 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 COURSE OF PERFORMANCE.

9.2 No Guarantee

We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for all claims arising from or relating to the Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Incognity and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another party.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you.

12.2 Arbitration

If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (or equivalent in your jurisdiction).

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and there is no right or authority for any dispute to be brought in a purported representative capacity.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in [Your Jurisdiction].

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Services will immediately cease
• You must cease all use of the Services
• We may delete your account and data
• Provisions that by their nature should survive termination shall survive

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have any questions about these Terms, please contact us: