Imago

Terms and Conditions

Terms and Conditions

Prohibited use

The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Content and/or Content that infringes third parties rights, in particular but not limited to pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products, malware, threats to other Users.

Content that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner.

Furthermore it is forbidden to use temporary e-mail addresses to create multiple accounts for disruptive or abusive purposes.

Imago reserves the right to delete any infringing Content according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section.

User’s Warranty, Responsibility

The User is solely responsible for its Content and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. In particular the User represents and warrants that any material, data, images, photos, videos, music and other Content submitted or otherwise transferred or published via Imago's Website or the use of the Services does not infringe third party rights or any applicable law and does not consist of or include Content according to Section 8 hereof.

Imago has no ability to and does not control or monitor any of the Content. Imago is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Content.

Withdrawal

Any User is entitled to revoke his order or close his account anytime. We offer a trial period for 30 days. During this trial period we will not charege for the Imago services.

Liability of Imago

Imago is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by Imago, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance Imago's liability shall be as set forth in the provisions for slight negligence.

In cases of slight negligence, Imago is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if it its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, Imago is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of Imago for consequential damage and lost profit is excluded.

Imago is only liable to Business Clients hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service.

Imago will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.

Imago will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of Imago shall be given for the absence of viruses or any other harmful components of the Website or Imago's software.

If the liability of Imago is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.

The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Imago, its legal representatives or assistants in performance.

Indemnification

A User will indemnify, defend, and hold harmless Imago and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities ("Losses") that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by a User of any warranty defined in Section 9; (iii) any claim that the User’s Content caused damage to a third party.

In cases of an aforementioned enforcement of claims by third parties, the User will provide Imago with all his information that is needed for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.

The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.

Intellectual Property Rights

Imago License

Subject to the Users compliance with the terms and conditions of these Terms of Service, Imago grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software and not to download or modify it, as part or as a whole (the "Imago License"). The Imago License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires Imago's prior written approval. The Imago License granted to a User will automatically terminate without notice from Imago if the respective User breaches any terms of these Terms of Service.

##User Content

Imago does not claim any ownership rights in User Content. However by uploading, streaming, emailing or otherwise transmitting any Content to Imago, the User hereby grants Imago the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.

Use for reference

The User agrees that Imago may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to Imago to mail@imago.io.

Collection of Data

Imago ("Imago") collects information through its websites on imago.io (the "Websites") in several places.

If you use the Websites, you will need to register to use certain features (each registered user a "User"). The registration process requires that you provide us with your first name, last name, email address, and company name ("Personal Data"). The Personal Data will be handled by Imago in strict confidence according to the applicable legal provisions. The Personal Data will only be collected, processed and used for the purpose of providing our Websites functions, unless you expressly consent to other uses. The Personal Data is collected, used and processed electronically.

No persons under the age of 18 will be actively marketed to, nor will they be knowingly asked to provide personal information.

Use of Personal Data

Imago will only transfer or process Personal Data to third parties if this is required for statutory or legal reasons and/or if this is required in order to offer and implement services of Imago to you and/or if Imago has your explicit consent to do so.

Imago shall be entitled to collect, process and use your Personal Data for the purpose of identifying, delimiting and removing malfunctions and errors in the telecommunication systems. If the requirements are met, Imago may collect, process and use Personal Data that is necessary to uncover any unlawful use of the telecommunication systems and services. In accordance with prevailing legal provisions, Imago may provide information to criminal prosecution authorities and courts for prosecution purposes.

Apart from this, Imago will not pass on your Personal Data without your explicit prior consent.

Use of Web Analytic Services

The following web analytic services are used to improve the user experience of our Websites.

Imago uses Google Analytics, a service for the marketing analysis of this website, of Google Inc. ("Google"). Google Analytics uses codes consisting of text and numbers, which will be stored on your computer and which allow for an analysis of the use of the Websites ("Cookies"). The information generated by the Cookie about your use of the Websites (including your IP address) will be transferred to and stored by a Google Server. Google will use this information, to evaluate your use of the website, to prepare reports about the website activities for the website operators and to provide further services connected to the use of websites and the use of the Internet. Google may transfer this information to third parties, if legally obliged to do so or if third parties process these data on behalf of Google. In no case, Google will connect your IP address with other data from Google. Please note that our Websites uses Google Analytics with the extension '_anonymizelp()' and consequently IP addresses are only used in shortened form in order to prevent direct personal references.

Imago uses Intercom, a third party analytics service provided by Intercom, Inc. ("Intercom") to help understand your use of our services and to communicate with you by sending you service-related notifications in the Imago interface. Imago uses Intercom to collect data for analytics purposes when you use our services. Intercom analyzes your use of our website and/or service and our relationship with you, so that we can improve our services. For more information on the privacy practices of Intercom, please check http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of use, which can be found at http://docs.intercom.io/terms.

Imago may send you a newsletter with information regarding its services or other promotional material. You may cancel the order at any time and free of charge by using the link in the newsletter or in your user account settings. Consent to use of personal data

I hereby consent to the collection, processing and use of the personal data, i.e. first name, last name, email address, IP address and company name ("Personal Data") by Imago which will be passed to:

Intercom, Inc., 115 Sansome Street, Suite 810, San Francisco, CA 94104 USA ("Intercom") and saved on Intercom’s servers;

I further consent to the use of my Personal Data by Imago for the purposes of market researches and sending me a newsletter.

I can withdraw these consents and opt-out of having information collected by or submitted to Intercom, Mixpanel, KISSmetrics, CrazyEgg, Optimizely, Segment.io, Vero and Totango at any time by opting out in my user account settings.

Information

Upon request, Imago shall provide you with the information on the stored Personal Data relating to your person, free of charge and without delay. The information can be provided electronically, if desired. In applicable cases we are obliged, upon request, to correct, block or delete the Personal Data stored about you.

Cookies

Imago makes use of cookies to provide its Users with a customised product/service through identifying unique visitors and their respective usage patterns. Cookies are identifiers placed on a User’s hard drive by the server and allow Imago to streamline its products to better suit Users’ needs.

Demographic and traffic data may be collected by third parties on our website. Third parties may also use cookies, for which we have neither access nor control.

The combination of this data could inadvertently lead to the identification of individual Users. User data may from time to time be collected and analysed for statistical purposes, though in this case no individual’s data will be identified. If the User has agreed to provide their information to third parties with the ultimate goal of receiving personalised products and services, then Imago may provide said third parties with the relevant data. In this case, we rely on technical and organisational means to assure that applicable data security regulations are followed.

All information, whether on data processors on Imago’ premises or on servers acting on Imago’ behalf, remains in complete control of Imago at all times. Servers may be located in jurisdictions where data protection laws differ from those in the User’s jurisdiction.

Re-targeting

Imago uses Google's retargeting, which means we can advertise Imago on our partners’ websites, meaning our adverts, even on other companies’ sites, are relevant to what you would like to see. We do this by analyzing user behavior from data collected by cookies. This information is anonymous, with no personal information being stored and no user profiles. You can view Google's advertising policies and principles at http://www.google.com/policies/technologies/ads/.

Use of Log Files

Imago uses log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track User’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

At Imago we collect aggregate traffic statistics, internet protocol addresses, browser types, and internet service providers (ISP) using log files. Traffic statistics include, but are not limited to: referring/exit pages, date/time stamp, clicking patterns and click through rates. These data are used to streamline the User experience, improve the products and services provided to Users on the Imago Website. None of this information, however, is linked to an identifiable individual, and as previously mentioned, is only used in the aggregate.

Right of Access, Correction, and Cancellation

You are solely responsible for maintaining the confidentiality of your credentials and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your credentials and account.

Maintaining the confidentiality of the User’s credentials is the sole responsibility of said User. Any activities that take place under a User’s account are the responsibility of that User.

If Users wish to withdraw usage rights, they can at any time delete their account.

Data Protection

Imago hereby explicitly notifies you that data protection and data privacy during data transfer via open networks such as the Internet cannot be completely guaranteed under the current state of technology. You understand and acknowledge that the provider can view, in technical terms, the pages stored on the web server and, perhaps, other data stored on such server at any time.

Contact

Should you have further questions concerning the Data Privacy Provisions, please do not hesitate to contact us at mail@imago.io.

Security Policy

This page provides an overview of the security measures taken by Imago to protect content and user data hosted on our platform from unauthorized access. Where relevant, we include links to security guidelines and resources developed by third parties.

Data Storage

Imago stores your content on Amazon S3 servers and Goolge Cloud. Both companys data centers employ a set of advanced physical, network and software security measures to ensure integrity and safety of customers’ data.

Imago uses a secure channel using 256-bit SSL (Secure Socket Layers) encryption, the standard for secure Internet connections for all the traffic between desktop clients, mobile devices and our servers as well as all the content delivered to end-users. The Content Delivery API is also available on non secure channel for applications that don't require secure content transmission.

Payment data

Imago uses Stripe's infrastructure to process credit card payments, which means that no credit card information or related personal information is stored on our servers. Stripe enforces stringent PCI (Payment Card Industry) compliance criteria to ensure that any data stored and/or processed on its servers is handled in a secure way.

Passwords

All user passwords are stored in the database in an encrypted form. Imago uses salts and the bcrypt library to increase the complexity of encryption technique and thus way minimize the risk that passwords will be cracked.

While Imago’s team puts a lot of effort into securing your login credentials, it is important to remember that poorly chosen passwords, even when properly encrypted, are vulnerable to common cracking techniques employed by professional attackers. For this reason, we urge our users to follow security guidelines for choosing a password outlined below:

Generic passwords based on popular words, common names, birth dates or favorite brands are easy to guess or harvest from online profiles. Combining several not connected words with addtional random charakters makes your password stronger and more difficult to guess.

Use a unique password per site. By recycling identical passwords for multiple websites you subject your accounts to be compromised as a result of a security breach on one of the websites. The use of tools or services like KeepassX and 1Password is strongly encouraged.

Use creative spelling. A common technique to hacking passwords is using dictionaries to generate random passwords. For this reason "unc*nvent^onal spe!!ing" and upPeRc@siNg as well as use of non-obvious numb5rs and §ymbols will make your passwords harder to crack.

Privacy

For information on our privacy guidelines, please view our privacy policy.

Bug reporting

We encourage responsible reporting of security vulnerabilities and software bugs. In the case that you found a vulnerability, please report it to mail@imago.io and abstain from publicly announcing it before it is fixed. Please note that we discourage attempts to gain illegitimate access to another user's account or data, compromise the reliability and/or integrity of our services, and use of automated tools to find vulnerabilities.

Our community plays an important role in helping us stay bug-free and secure.