Terms of use

 Last update: April 13, 2020
  1. This Terms of Use (hereinafter referred to as "Terms of Use") govern the access and use of the sites, platforms, applications and services offered by In Loco US, Inc and any other service somehow linked directly to it (all are hereinafter referred to as Incognia, as well as all the In Loco enterprise is also designated by the term Incognia). This Terms of Use sets out the essential and necessary conditions for the use of Incognia. The use of any service of Incognia implies immediate acceptance of this Terms of Use, and of the applicable specific terms of service. This Terms of Use, apart from contractually regulating the relationship between the parties, should also be understood as a license to use the services, applications, and platforms of Incognia. Incognia and its affiliates hold several intellectual assets. The acceptance of this Terms of Use is required in order to make use in any form of the services. Its Non-acceptance or infringement is not only a violation of this Terms of Use, but also an infringement of Incognia’s intellectual property.

  2. The valid and effective version of this Terms of Use is the one currently published on the website. This version governs all past and present relations between users of the site, respecting the acquired rights, perfect legal acts, and res judicata. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the services. These Terms expressly supersede prior agreements and/or arrangements with you.

  3. Several services and contents offered by the website are subject to specific terms of use that may replace, supplement or modify this Terms of Use. In the case of a conflict between this Terms of Use and the specific policies applied to other platforms or specific services, the special will prevail over the general. Users, in accordance with item (2) above, should also read the special conditions. Other notices and communications may be presented throughout the website, regulating its method of use. These warnings ought to be interpreted in accordance with this Terms of Use.

  4. Incognia may amend the Terms from time to time. Amendments will be effective upon posting of such updated Terms. Your continued access or use of the Services after such posting will be interpreted as your consent to be bound by the Terms, as amended.

A. Subject matter of the Terms of Use

  1. Once this Terms of Use are accepted, the user has at its disposal several services provided by Incognia  (hereinafter referred to as “Services”).

  2. The Services offered by Incognia are free of charge for its users. However, some services offered by Incognia or by partners may be charged, in which case the terms of this partner will govern.

B. Registration of users and accuracy of information

  1. The access to Incognia’s Services may not require prior registration of users on the platform. However, the absence of registration does not imply that these users have not accepted these Terms of Use. Other services of Incognia, in order to allow its access, require the user to be registered, according to specific mechanisms of registration.

  2. All information provided by the user in order to use Incognia’s services must be accurate. The user guarantees the authenticity of all data provided in the filling of the forms available or through automated mechanisms of registration or login. It is the sole responsibility of the user to keep all information provided to Incognia continuously updated to reflect its actual data. The provision of false or inaccurate statements constitutes a breach of this Terms of Use. In any case, the user will always be solely responsible for their conduct and for the damages caused to Incognia’s, third parties and partners.

  3. In order to use most aspects of the Incognia’s Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.

  4. The user is committed to using Incognia’s services in good faith and in accordance with all legal, regulatory and contractual provisions perhaps applicable, as well as public order, market standards, and norms generally accepted or taken as a good practice.

  5. Without the prior consultation of Incognia’s managers, the user is prohibited from employing technical measures that anyhow subvert the regular use of Incognia’s services. These measures include the use of robots (robots or bots), spiders, scripts, IP spoof, MAC address spoof or any other technique of automated access to the website that somehow serves to undermine its goals and purposes. The use of these measures without prior authorization implies the violation of this Terms of Use and may subject the infringing party to the payment of damages and loss of profits, as well as a punitive fine that applies even if it has not produced any damages, which the court responsible for deciding the case will quantify.

C. Trademarks, patents, trade names, and others signs

  1. All trademarks, patents, trade names and distinctive signs of any kind contained in Incognia’s services, including its own trademark and name, are owned by their respective rights holders. To use any of these trademarks, names, and signs, it is required the acquisition of the proper authorization from the respective rights holders.

D. Warranties and limitations of liability

  1. Due to operational and technical reasons, Incognia does not guarantee the seamless availability of its services, or to avoid its eventual downtime. All of Incognia’s services are offered as is.

  2. INCOGNIA HEREBY DISCLAIMS, TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF INCOGNIA, EVEN IF INCOGNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, ANY LIABILITY FOR DAMAGES OF ANY KIND, LOST PROFITS AND INCIDENTAL DAMAGES THAT MAY BE CAUSED OR DERIVED FROM THE LACK OF AVAILABILITY, SERVICES, FUNCTIONALITY OR INCOGNIA’S OPERATION, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE OFFERING OF IN INCOGNIA’S SERVICES THROUGH THIRD PARTIES OR PARTNERS.

E. Termination of service and users removal

  1. The provision of Incognia’s services has no set term, but it reserves the right to terminate, suspend or interrupt unilaterally and at any time, without prior notice, the total or partial provision of the service.

F. Choice of law

  1. These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.  If there is any dispute relating to the Site or these Terms, you and Incognia agree to the exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A.