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Terms of use

Acceptance of the Terms of Use
 
These terms of use for this Website constitute a legal agreement and are entered into by and between you and Client ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (these "Terms of Use"), govern your access to and use of, including any content, functionality, and services (including any artificial intelligence technology as further described below) offered on or through the Client Experience Platform (the “Website”).
 
The Website is powered by technology provided by Cinco Inc. (“Cinco”). Cinco supplies the underlying software infrastructure, including the artificial intelligence-enabled components of the Website (the “AI System”), to the Company on a white-label, software-as-a-service basis. Cinco develops, owns, operates, maintains, updates, and technically controls the Website and AI System within it, and related platform technology. The Company licenses access to this technology from Cinco and makes it available to you under the Company’s branding.
 
The Company does not develop, modify, retrain, or technically operate the AI System, and does not control its underlying models, algorithms, system architecture, or compliance framework. All operational, technical, and regulatory control of the AI System remains with Cinco at all times. Nothing in these Terms of Use shall be construed as transferring provider status of the AI System to the Company under applicable artificial intelligence or product safety legislation.

These Terms of Use apply whenever you use the Website. If you are not happy to agree to these Terms of Use, please do not use our Website. If you do not comply with the rules set out in these Terms of Use, we may suspend or terminate your access.

Who are we?

The Website provides a consumer-focused virtual space for our brands. These environments are virtual spaces for our consumers and fans to engage, hang out, learn, discover, and most importantly, have fun. It provides a context for us to share experiences, products, and our brand essence with our consumers and fans in an authentic and meaningful way.
 
Modifications to the Terms of Use and to the Website
 
We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms of Use in order to be aware of any such modifications, and your continued use shall be your acceptance of these. Where we make material changes to these Terms of Use, we will take reasonable steps to bring such changes to your attention, which may include displaying a notice on the Website or contacting you via the email address associated with your account. Where required by applicable law, we will obtain your consent to material changes before they take effect.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Acceptable Use of Website

By using the Website, you confirm that:
 

  • You are at least 16 years of age;

  • You will only use the Website and information that you obtain from the Website in your own name, for personal and non-commercial purposes; and

  • You will not allow anyone else to use your account (if applicable), either for their own purposes or on your behalf.


You must not:
 

  • Use the Website for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use;

  • Use the Website to commit any act of fraud;

  • Upload  or input personal information, identity documents, or credentials relating to another person without their consent;

  • Use the Website for the purpose of promoting unsolicited advertising or sending spam;

  • Simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

  • Use Website in any manner that disrupts the operation of Website, our business, or the business of any other entity;

  • Use the Website to promote any unlawful activity;

  • Represent or suggest that we endorse any other business, product, or service unless we have separately agreed to do so in writing;

  • Attempt to circumvent password or user authentication methods;

  • Attempt to gain unauthorized access to Website or any server, computer, or database connected to Website;

  • Harm the Website by a denial-of-service attack or a distributed denial-of-service attack;

  • Scrape, extract, download, upload, sell, or offer for sale any content of the Website;

  • Attempt to access, reverse engineer, test, probe, retrain, or otherwise interfere with the AI System or its underlying models within any part of the Website.

  • Use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish any of the Website, whether for commercial benefit or otherwise

  • Input, upload, or transmit through the Website any personal data of third parties without a lawful basis for doing so, or any data that is confidential, commercially sensitive, subject to professional privilege, or that you are not authorised to share;

  • Use the AI System in any manner that is intended to, or has the effect of, generating harmful, defamatory, discriminatory, or misleading content, or content that violates the rights of any third party.
     

If you carry out any of these acts, you may commit a criminal offense. We will report any criminal acts to the relevant law enforcement authorities, and we will cooperate with those authorities (and use third-party service providers) by disclosing your identity to them.
 
If you carry out any of these acts, your right to use the Website ceases immediately from the time of the relevant act.
 
Restriction on Voluntary Submission of Personal Information
 
You must not provide, input, or disclose your own personal information (including names, contact details, identity numbers, or similar identifiers) through the Website, except where explicitly requested and strictly necessary for the intended use of the service, or where you clearly and voluntarily choose to provide such information for a specific and defined purpose (for example, to be contacted or to be addressed by your name).
 
Intellectual property rights
 
You acknowledge and agree that our licensors (and in particular Cinco), own all intellectual property rights and other proprietary rights in and to the Website, the AI System, underlying models, algorithms, software, platform infrastructure, and related documentation. The Company owns rights in its own brands and proprietary content.

For the avoidance of doubt, all titles, rights, and interests in Cinco brands, trademarks, and service marks (including “Cinco AI Experience” and “AI Experience Room”) remain vested at all times in Cinco.

Nothing in these Terms of Use grants you any legal rights in the Website, other than as necessary to enable you to access and use the Website. You agree not to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within the Website.

If you print off, copy, or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company for itself and licensors (as relevant). Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
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User Submissions: Grant of Licence

The Website may contain interactive functions, including those powered by artificial intelligence (AI), allowing User Submissions on or through the Website. The AI-enabled functionality is operated exclusively by Cinco as the provider of the AI System. In these Terms of Use, “User Submissions” refers to any data or content (in any medium or format) transmitted by or on behalf of you to us and/or Cinco in connection with your access to and use of the Website.

By providing any User Submission to the Website, subject to applicable law, you grant us and our affiliates, service providers (including Cinco), and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purposes of operating, maintaining, improving, and delivering the Website and related services, and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. For the avoidance of doubt, the foregoing grant of rights in User Submissions includes a right for our service providers (and notably Cinco) to utilize User Submissions (in an anonymized and aggregated form, from which no individual can be identified, data form) to train and/or improve any relevant service provider technology, including AI-enabled technology, used to operate the Website or any related content or services offered on the Website (and provided any such use remains consistent with Company and its service provider obligations to you under relevant data protection laws). You further agree, to the fullest extent permitted by applicable law, to waive any moral rights or other rights of authorship in respect of any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers (including Cinco), and each of their and our licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms of Use.

You understand and agree that you, not the Company, nor the Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
 
The Company has the right, without provision of notice, to:
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  • Remove or refuse to post on the Website (or cause the removal of) any User Submissions for any or no reason in our sole discretion.

  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Use.

  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
     

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (AND OUR CLIENTS) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
 
Nothing in the foregoing waiver excludes or limits any rights you have under mandatory applicable law.
 
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you, our Client or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance
 
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website, save to the extent applicable law does not permit such liability limitation or exclusion.
 
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
 
Third-Party Websites and information
 
For your convenience, this Website may provide links or pointers to third-party sites or information. We make no representations about any other Websites that may be accessed from this Website and which are not owned by us or within our control. If you choose to access any such sites or read the information on the Website, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites, information, or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

AI-Generated Content

You are interacting with an AI system. Certain responses and content on the Website are generated by the AI System, which is developed, operated, and controlled by Cinco Inc. The Company makes this AI System available to you through the Website under licence from Cinco.
 
You acknowledge and agree that:
 

  • AI-generated outputs may be inaccurate, incomplete, biased, or inappropriate;

  • AI-generated outputs are provided for informational and entertainment purposes only;

  • You are solely responsible for evaluating and verifying any AI-generated output before relying on it, and

  • AI-generated content does not constitute professional legal, medical, financial, or other regulated advice.

  • Where required by applicable law, AI-generated content will be identified or labelled as such within the Website interface.


​Neither the Company nor Cinco guarantees the accuracy, reliability, legality, or suitability of AI-generated outputs.
 
The AI System is not designed or intended for use in any high-risk or safety-critical context, including (without limitation) medical diagnosis, legal advice, financial advice, or any application where inaccurate outputs could cause harm to persons.
 
Availability of Website
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While we try to make sure that the Website is accurate, up-to-date, and free from bugs, we cannot promise that it will be. Nor can we promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information that you access using the Website is at your own risk.
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We may suspend or terminate the operation of the Website at any time as we see fit without notice or where required by our applicable service providers or regulators. The Website and/or AI System may also be suspended, modified, restricted, or updated where required by Cinco in order to comply with applicable law, regulatory obligations (including artificial intelligence regulation), risk mitigation requirements, or technical integrity measures. We may also temporarily or permanently suspend your access to some or all of the Website without notice. We may update the Website at any time in our sole discretion.
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While we try to make sure that the Website is available for your use, we do not promise that the Website will be available at all times, nor do we promise uninterrupted use by you of the Website. We do not accept any responsibility for any losses, damages, or costs that arise from the Website being unavailable at any time or for any period.
 
Linking to Website
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You may link to the Website only with our express prior written consent. Please contact us if you would like to discuss this with us.
 
Limits on our liability
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Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
 

  • losses that were not foreseeable to you and us when you entered into these Terms of Use or that were not caused by any breach on our part;

  • business losses;

  • losses to non-consumers;

  • defamatory, offensive, or illegal content contained in a client’s content that you can view using the Website;

  • losses caused by the Website being unavailable or unable to be used for any reason;

  • any losses, damages, or costs that arise from or relate to your failing to comply with these Terms of Use;

  • any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material, due to your use of the Website, downloading material from the Website or visiting a Website linked to the Website;

  • reliance placed upon AI-generated outputs or automated responses produced by the AI System; or

  • any loss or damage arising from the acts or omissions of Cinco in its capacity as developer, operator, or provider of the AI System or the platform technology underlying the Website, except to the extent that such loss or damage arises from our own negligence or breach of these Terms of Use.


We have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control, including, but not limited to, strikes, lockouts or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of war, pandemics or other similar disasters.
 
The Company shall not be liable for any acts or omissions of Cinco in its capacity as technology provider, except to the extent required by mandatory law.
 
For more clarity
 
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED.
 
SUBJECT TO THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY  NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Website INCLUDING ANY AI SYSTEM.
 
Indemnification
 
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers (including Cinco), contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Choice of Forum
 
The Website and these Terms of Use will be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated.
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If the Company is incorporated in any territory outside of the United States of America, Canada, the United Kingdom, or the European Economic Area, these Terms of Use will be governed by the laws of the Province of Québec and the federal laws of Canada applicable therein.
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Subject to applicable consumer protection laws, any action or proceeding arising out of or relating to this Website and under these Terms of Use will be brought in the courts of the jurisdiction specified above.
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Nothing in this section limits or excludes any mandatory consumer rights you may have under the laws of your country of residence, including any right to bring proceedings in your local courts where required by applicable law.
 
Waiver
 
Except as otherwise set forth in these Terms of Use, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability
 
If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement
 
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company (and acknowledge the role of Cinco as technology provider as described above) regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. For the avoidance of doubt, the acknowledgments regarding Cinco's role as technology provider and AI System operator set out in these Terms of Use form part of the entire agreement and shall not be varied except by a written instrument executed by both the Company and Cinco.

Suspension and termination of your account (if applicable)

If we believe that:
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  • You have not complied with any of these Terms of Use;

  • You are misusing our service; or

  • Your use of the Website is likely to be a security risk,


We may suspend or terminate (or procure the suspension or termination of) your access to the Website without notice. Suspension may also occur where required by Cinco to ensure compliance with applicable artificial intelligence laws, platform safety requirements, or regulatory obligations.

If we suspend or terminate your account for any of these reasons, we may also take steps to block you from opening another Website account in the future.

At any time, we may terminate these Terms of Use and your ability to use the Website immediately by giving you written notice (including by email or SMS) to any of the contact addresses or numbers that you have provided to us.

You can stop using the Website at any time by closing your account. If you close your account, we cannot give you access to that account again, but you will be able to sign up for a new account in the future if applicable.

Rights of third parties

To the maximum extent permitted by law, no person other than a party to these Terms of Use shall have any right to enforce any provision of these Terms of Use.
 
Notwithstanding the foregoing, Cinco Inc. (9118-2162 Quebec Inc) (“Cinco”) is an express third-party beneficiary of the provisions relating to intellectual property, AI System operation, limitations of liability, and indemnification, and shall be entitled to enforce such provisions directly.

Variation

No changes to these Terms of Use are valid or have any effect unless agreed by us in writing or made in accordance with this clause. We reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the Website, and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to check such variations.
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Transfer
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We may, but you may not assign or otherwise transfer any of the respective rights or obligations of each of us under these Terms of Use.
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How to contact us
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If you have any feedback for us, we would welcome hearing from you.

Contact us by email at: hello@wearecinco.com.

Please let us know what we are doing right, how we can improve our service, and/or if you have any questions.

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