Se rendre au contenu

iAlmas Terms and Conditions Agreement

Effective as of Jan 1, 2025

This Terms and Conditions Agreement explains the terms and conditions under which you are able to use the website and the services provided by iAlmas. Please read carefully this Terms and Conditions document, and keep a copy of it for your reference. 

BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY IALMAS YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH IALMAS. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES. 

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and iAlmas.

1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:

‘Terms/Agreement’ refers to the latest version of this Terms and Conditions Agreement document.

‘Site’ refers to the website hosting the iAlmas functionalities available at <ialmas.com>, or any other URL which may host iAlmas websites or Services.

‘Platform’ refers to Site and Services collectively.

‘User/You’ refers to any person using or accessing our Platform.

‘Business User’ refers to the Users subscribing to use our Services

‘Influencer’ refers to the persons engaged by the Business Users through the Platform to promote their product or service.

‘We/Us/iAlmas’ refers to iAlmas, the Platform, and their developers.

‘Third-Party’ refers to any application, website, natural or legal entity other than iAlmas. 

‘Content’ refers to all images, text, audio and video data or any other information located on the Platform. 

‘User Generated Content’ refers to the Content provided by the Users.

‘Services’ refers to the functionality of the Platform, availability of the content provided by iAlmas, and availability of the User Generated Content.

‘Effective Date’ refers to the date on which the registration is made.

‘Information’ refers to information about the Users themselves provided for the purpose of using our Services, contacting support or anonymous statistical information collected from the Users through cookies or third-party services. 

‘Confidential Information’ refers to any and all information disclosed between the parties of this Agreement in relation to the Services, and especially, without limiting, Content available only for registered Users. Confidential Information does not cover information that was known to either party prior to disclosure, information that was made available to the public, information required to run business transactions on the Platform, or information which is intended and disclosed for the purpose of publishing.

2. Use of the Services 

(A) Eligibility

2.1 By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws, (iv) that you own the social media accounts used for registration or your authorized to use them. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.

2.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region.’

(B) Scope of the Services

2.3 iAlmas offers a Platform that allows Users to create their business online and benefit from the functions provided such as accounting, HR, logistics, store management, manufacturing, e-Commerce, and other. The Platform capitalizes on the power of the social media and it allows Users to reach to local and global potential customers through social influencers who will be posting Users products in exchange for a percentage of each sale.

2.4 iAlmas cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We will undertake and implement all reasonable measures to maintain the security and integrity of the Information provided by Users. iAlmas cannot and does not guarantee the 100% uptime for its Services. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the iAlmas area of influence, (v) bugs in code, hardware or Services without a commercially known fix.

2.5 iAlmas functions as an intermediate between all parties that make use of the iAlmas Platform. iAlmas cannot and does not guarantee that all the information concerning, for example, products, Influencers, collections and companies is accurate, although we take all reasonable measures to verify information. iAlmas is not liable for any disputes between Business Users, Influencers and consumers, nor can iAlmas be held responsible for any loss or leaks of information.

2.6 This agreement regulates the relationship between iAlmas and Business Users exclusively. Nothing in this agreement shall be understood or interpreted as a promise or an obligation of the iAlmas to intervene in a relationship between Business Users and Influencers, nor to impose any provision of an agreement between Business Users and Influencers.

(C) Registration

2.7 Some of the Services provided are only available to registered Users. During the registration process, you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by forms provided. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete. 

2.8 By registering an account with iAlmas, the User must provide their social media account details in order to utilize some of our Services. By connecting social media accounts with iAlmas you authorize us to collect Information from such social media accounts in accordance with your account privacy settings. We will provide Users with tools on the Platform to manage multiple social media accounts to post updates to multiple feeds at once.

2.9 When iAlmas manages your Platform account we will rely on the information provided through your social media account you connected with the Platform. If your social media account has been suspended, deactivated, marked as fraudulent or is affected by any other situation, we will rely on such information and will not be obliged to investigate it further. Your iAlmas account may be suspended as a consequence of your social media account suspension or deactivation. If your Platform account has been suspended as a result of a problem with your social media account, iAlmas will not activate your Platform account prior to your social media account reactivation. We encourage you to connect multiple social media accounts with your iAlmas account which will add to your credibility and will help you in the event that you get locked out of your account or need to recover your account password or information. 

2.10 You understand that it is your responsibility to keep your login information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately, and work with a social media provider to protect your account.

(D) Contact

2.10 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service emails). These emails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive emails about content, promotions, special offers and or other topics of interest related to the iAlmas and our affiliates (Promotional emails). You may choose to stop receiving these promotional emails at any time by following the instructions contained in promotional emails.

2.11 If you have any questions or suggestions you can contact us at info@ialmas.com.

3. Acceptable Use Policy

3.1 You agree that you will not misuse our Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;

(ii) collect Users' content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(iii) upload viruses or other malicious code;

(iv) bully, intimidate, or harass any other User;

(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;

(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by iAlmas ;

(viii) post or transmit content that is misleading.

(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;

(xi) post or transmit hyperlinks to other websites that violate these Terms;

(xii) facilitate or encourage any violation of these Terms.

3.2 Users are solely responsible for their own content and the consequences of making the content available to third-parties.

3.3 If for any reason, your account, or any part thereof, is suspended, banned, restricted, blocked, terminated or otherwise disabled by iAlmas, you agree to abide by such decision. You may not create another account with the intent to bypass these limitations or attempt to circumvent any limitation imposed on your account without our permission. Any effort to evade these limitations may result in the termination of all current and future accounts you register.

3.4 You hereby agree that you will not behave contrary to good business practices and generally accepted corporate ethics. You will not mislead other Users, make false representations or make promises you do not intend to keep. Only enter into a binding relationship if you are able to comply with the obligations undertaken. We may suspend your account if we suspect that your behavior is in violation of these requirements.

3.5 You hereby understand that by providing false information on or through the Platform you may expose yourself to both civil and criminal liability. In some jurisdictions fraudulent misrepresentation is considered a crime, and may entail incarceration. Providing false advertising, false financial reports, or otherwise providing incorrect information may be a cause for the civil liability and basis for awarding damages to anyone relying on such information. Liability for the content or information which you provide is solely on you, and we will not take any action to intervene or represent your case. We do not check the factual correctness of the content and we may not be held liable in case of publishing incorrect information. 

4. Intellectual Property

(A) Proprietary Rights

4.1 The copyright and all intellectual property rights in the Platform belong to iAlmas or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

4.2 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in this Agreement, you may not: 

  • copy, modify or create derivative works based on the Platform or Content; 
  • distribute, transfer, sublicense, lease, lend or rent the Platform or Content to any third party;
  • reverse engineer, decompile or disassemble the Platform or Content; or 
  • make the functionality of the Platform available to multiple users through any means.

(B) Notification of Infringement

4.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent: 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 

2. A description of the copyrighted work or other intellectual property that you claim has been infringed; 

3. A description of where the material that you claim is infringing is located on the Site or the App; 

4. Your name, address, telephone number and e-mail address; 

5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

4.4 Our copyright agent can be reached as follows: 

Email: legal@ialmas.com

(C) User Generated Content

4.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.

4.6 Users are able to leave reviews and comments regarding their experience with other User of the Platform. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right to refuse to publish, to remove or amend the reviews and comments from Users, at our sole discretion. You assume all risks associated with the User Generated Content which you provide, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in such Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of User Generated Content as described herein. You may not imply that such Content is in any way sponsored or endorsed by iAlmas. We may use available reviews to provide credit scoring for Business Users based on their commitment to paying their dues to others and to this Platform. Delaying payments after their due dates will affect the credit score negatively and will result eventually to freezing the account in accordance with these Terms.

4.7 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that iAlmas bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content. 

(D) Third party content

4.8 Some content on the Platform, such as advertisement, may be provided by the Third-Parties. We are not responsible for such content, nor do we monitor or control content provided by the Third-Parties.

(E) Confidential Information

4.9 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to iAlmas and iAlmas may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

5. Platform fees and other costs

5.1 iAlmas charges a Platform fee for the Platform use as a percentage of each financial transaction (invoices and payments). This percentage will cover our fees, social influencers’ portion, channel portion, and other expenses as specified at the time of collection as a joint total percentage fee. It is set now to be overall 5% or less. This figure may vary depending on the performance of the business. We will provide Users with a 3-month notice before changes in the fee percentage apply.

5.2 In addition to the Platform fee, we may provide additional Influencers’ payments through the Platform through the offered discount on the items similar to the coupons discount. If the customer selects an Influencer through their checkout process, then the customer gets 5% discount on the item price, and additional 2.5% of the item price will be deducted from the amount paid by the customer and transferred to the selected Influencer. In total, excluding the Platform fee, the Business User will get 7.5% reduction of the amount paid for the item. If the customer does not choose an Influencer through his checkout process, then 15% of sale price will be deducted by the Platform from the amount paid. This is designed to encourage Business Users to use Influencers and save 7.5% of the sale price. These figures may vary with time. We will provide Users with a 3-month notice before changes apply.

6. Third-Party Services

6.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that iAlmas does not control. We may also provide you with links leading to the Third-Parties. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. iAlmas does not endorse such Third-Party services and content and in no event shall iAlmas be responsible or liable for any products or services of such third party providers.

6.2 Our Services may be used in connection with Third-Party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the Platform is further regulated by the third-party’s respective terms and privacy policies. iAlmas is not sponsored, endorsed, organized or in any other way supported by these Third-Parties.

7. Affiliate Disclosure

7.1 Whenever the link from the Site leads to other location you may assume that iAlmas has a financial interest in such location, whether by earning commission of the sales or for increasing the traffic on the target location. 

7.2 iAlmas does not take any responsibility nor do we make any guarantee for any purchase made by following the links on the Platform. You may be offered special terms for purchase by following the links hosted on the Platform. Whenever there is such case, you will be appropriately informed on these terms.

8. Privacy Policy

8.1 We take User privacy very seriously and we do everything in our power to maintain the integrity and security of the Information. The platform will have access to your financial records for the sake of governance and credit scoring and in case any fraud investigation is required.

8.2 iAlmas endeavors to maintain appropriate physical, procedural and technical security with respect to its offices and Information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal Information. This also applies to our disposal or destruction of personal Information. We keep the personal Information we collect about you strictly confidential. Only authorized personnel have access to this personal Information.

8.3 In some instances, we are obliged to comply with court orders and government requests and provide Information or parts of it to authorized bodies or arbitration organizations. We may disclose or access Information whenever we believe in good faith that the law so requires, such as to comply with a litigation, or that disclosure is necessary to protect our rights, protect Your safety or the safety of others, investigate fraud, or if we otherwise consider it necessary to do so to maintain service and improve our products and services.

9. Indemnity 

9.1 You will indemnify and hold harmless iAlmas, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

10. Limitation of liability 

10.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE IALMAS SERVICE IS TO STOP USING THE IALMAS SERVICES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IALMAS, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE IALMAS PLATFORM, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF IALMAS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

10.3 You hereby understand and agree that for any dissatisfaction with the Platform or Content your sole and exclusive remedy is to cease using the Platform. 

10.4 iAlmas , it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. iAlmas is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Platform.

10.5 iAlmas does not guarantee that the information on the Platform is correct. All information on the Platform is strictly for entertainment purposes and should not be considered as advice, recommendation or suggestion of any kind. 

11. Earnings Disclaimer

11.1 The information provided through the Platform is provided solely for informational, educational, or entertainment purposes. iAlmas is not a financial institution nor a financial or legal adviser. iAlmas makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Platform. Nothing displayed on the Platform, or provided through the Platform may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Before making any financial decisions iAlmas recommends that you obtain additional information and advice of accountants or other financial advisers.

11.2 iAlmas may display or provide business intelligence reports for different regions and globally. Although these reports may be used in the decision making process, iAlmas does not make any representations or warranties of any kind with regard to such reports. iAlmas cannot guarantee the accuracy or appropriateness of such reports and the use and reliance of such reports is at your sole risk. iAlmas might use your information for such analysis and reports.

12. Changes    

12.1 IALMAS MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE PLATFORM AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE. THE TERMS AND CONDITIONS AGREEMENT APPLIES REGARDLESS FROM WHICH PLATFORM YOU ACCESS OUR SITE.

13. Termination

13.1 iAlmas may terminate this agreement without notice and notice period, with immediate effect if User:

(i) breaches this Agreement;

(ii) fails to make due payments;

(iii) misuses the Services or uses Services contrary to Acceptable Use policy;

(iv) engages in fraudulent or illegal activities.

13.2 iAlmas may suspend User’s account in the event that their credit score is too low or if they are not making due payments. 

13.3 Upon termination of this Agreement, user will not be able to use the Services. iAlmas shall not be responsible for any damage caused by the termination of this Agreement.

13.4 If Business Users want to terminate this agreement they may only do so by ceasing to use the Platform.

13.5 iAlmas will not delete user information, content, or transaction logs after termination or cease of use. User information, free from any personally identifiable information shall remain public to avoid fraudulent activities and false misrepresentation. 

14. Governing Laws and Choice of Forum

14.1 This Agreement shall be governed by and construed under the laws of the Delaware State, USA, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Delaware by the Delaware residents. You agree that if you have any dispute with iAlmas you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Delaware, USA.

15. Final Provisions

15.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision. 

15.2 These Terms may be available on multiple languages, however the English version will be considered as the authentic and official version.