Infinity Terms of Service (TOS)

1. Introduction

Welcome to Infinity! These Terms of Service (the “Terms”) and our Privacy Policy create a legal agreement between you and Infinity Innovations, Inc. (“Infinity,” “we,” or “us”) governing your use of Infinity's website, software, and services (“Services”). Please read them carefully.

By accessing or using our Services or Products, you agree to be bound by these Terms. If you do not agree, do not use Infinity. If you use Infinity on behalf of an organization, you confirm that you have the authority to agree to these Terms on behalf of that organization, and “you” and “your” will refer to that organization. You acknowledge that these Terms are a contract between you and Infinity, even though it is electronic and is not physically signed by you, and it governs your use of the Services and Products.

We reserve the right to revise these Terms at any time, and we will notify you of any material revisions. By continuing to use Infinity after revisions become effective, you agree to the revised Terms.

2. Your Infinity Account

To use Infinity, you must create an account. You are responsible for safeguarding your account information, including your login credentials. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activities that occur under your account.

3. Your Content

When using Infinity, you may upload text, files, images, and other data (“your content”). You retain ownership of your content. You are responsible for ensuring that your content complies with all applicable laws and does not infringe any third-party rights. By uploading content to Infinity, you grant us a license to use, modify, and display it as necessary to provide the Services.

4. Use of Infinity

You may only use Infinity as permitted by law. You agree not to engage in any prohibited activities, including but not limited to:

• Accessing, tampering with, or using non-public areas of Infinity’s systems.
• Interfering with or disrupting the Services.
• Reselling, renting, or sublicensing Infinity’s software without express permission.
• Violating the intellectual property rights of Infinity or third parties.
• Probe, scan, test the vulnerability of Infinity system or network or breach any security measures.
• Reverse engineer, decompile, or disassemble any software used to provide Infinity’s Services.
• Plant malware or use Infinity to distribute malicious software.
• For non-Agency Plan users, the resale or transfer of Infinity software, either in whole or part, is strictly prohibited.
• Attempt any of the above, or assist others in doing so.

Infinity reserves the right to investigate and take legal action in the event of any violation of these Terms.

5. General Plan Terms

These terms apply to all users of Infinity.

5.1 Confidentiality

Both parties may share confidential information while using the Services. Confidential Information must be protected with reasonable care and may not be disclosed or used for purposes outside of the scope of these Terms without consent.

5.2 Termination

We reserve the right to terminate your account at our discretion if you violate these Terms. Likewise, you may cancel your account at any time. If we suspend or terminate your use of Infinity, we will attempt to notify you in advance and assist with data retrieval where possible. However, in cases of flagrant violations, suspension or termination may be immediate.

5.3 Publicity

Unless otherwise agreed, we may use your name, logo, and other trademarks to identify you as a customer on our website and in marketing materials.

5.4 Late Payments and Payment Responsibilities

You are responsible for all fees, taxes, and expenses related to accessing Infinity Services. Infinity may terminate your subscription if outstanding fees are not paid promptly.

6. Agency Plan Terms

The following terms apply to users of Infinity’s Agency Plan. The Agency Plan is designed for agencies, consultants, and businesses managing multiple clients.

6.1 Plan Features and Usage

Infinity’s Agency Plan includes a reseller license, allowing users to offer Infinity to their clients under their own branding.

6.2 Reselling Guidelines

The Agency Plan allows you to incorporate Infinity into your service offerings and present it to clients under your own brand, domain, and visual identity. However, to maintain the integrity of Infinity’s platform, certain restrictions apply. These guidelines are in place to ensure the fair and appropriate use of Infinity and to protect both Infinity Innovations, Inc. and Agency Plan users from misuse.

6.2.1. Reselling Standalone Software Prohibited: You are strictly prohibited from reselling Infinity as a standalone product. This means that Infinity must not be offered solely as a general work management software, like Infinity Innovations, Inc. currently offers to the public. Instead, Infinity must be integrated into your service offerings as an added value component, such as providing custom templates, workflows, or industry-specific use cases that are unique to your services

Infinity must always be presented as part of a broader package of services that enhances the value to your clients. Any attempt to position Infinity as a competitor to Infinity Innovations, Inc. by reselling it without added value will be considered a direct violation of these Terms, and could result in termination of your agreement.

6.2.2. No Underpricing or Arbitrage: You are prohibited from offering Infinity to clients at a lower price than Infinity Innovations, Inc. offers through its standard pricing plans. This restriction is in place to prevent price arbitrage, where an agency sells Infinity at a discount and disrupts Infinity’s established pricing model. You must maintain the integrity of your service by ensuring that Infinity is provided as part of a premium package of services, and not used as a vehicle for undercutting or competing unfairly with Infinity’s direct offerings.

Additionally, any attempt to create a pricing structure designed to profit solely from undercutting Infinity’s pricing without offering substantial added value through your services is prohibited.

6.2.3. Prohibition on Lifetime Deals: You may not offer lifetime or one-time purchase deals for access to Infinity under the Agency Plan. Infinity is a SaaS platform, and offering lifetime access could lead to unsustainable usage of the platform and violate Infinity’s pricing model.

Any attempt to provide unlimited access for a one-time payment deal is not allowed. This would create operational challenges and could harm Infinity’s ability to maintain service levels for all users.

6.2.4. Mass Free User Access: You are not permitted to use the Agency Plan to invite or host large numbers of free users without charging for services that include Infinity as a value-added component. Abuse of this benefit to host mass free users without valid business justification may result in the termination of your account.

6.2.5. Building Competing Services: You may not use Infinity or any of its features to build or offer a competing service or platform that replicates Infinity’s core functionalities. Any attempt to reverse engineer, copy, or replicate Infinity’s technology or services for competitive purposes will be treated as a material breach of this Agreement.

6.2.6. No Transfer of Account: You may not transfer or resell your Agency Plan account, licenses, or services to any third party without prior written consent from Infinity. Any unauthorized transfers will result in termination of your account.

6.2.7. Data Compliance Responsibility: As an agency, you are fully responsible for ensuring that all client data hosted on Infinity complies with applicable privacy laws and regulations, including but not limited to GDPR, CCPA, and other regional data protection laws. Infinity will not be liable for any misuse of client data through your agency’s use of the platform. Agencies must implement and maintain adequate security measures to protect client data hosted on Infinity. In the event of any security breach or data vulnerability, you must notify Infinity immediately and take appropriate steps to mitigate any risks.

6.2.8. Client Behavior Accountability: As an agency, you are fully responsible for the actions of any clients you onboard to Infinity, including but not limited to compliance with these Terms of Service. Any violations committed by your clients may result in the termination or suspension of your account.

6.3 White Label Use

As an Agency Plan user, you can white label Infinity with your own brand, including logos and domains. Your clients will only see your branding. However, all users on the platform, including those on white-labeled versions, remain subject to Infinity’s general Terms of Service.

6.4 Payment Handling

As an agency, you are responsible for billing your clients directly. You may structure your pricing as you see fit, as long as Infinity is presented as an additional value and not the core product. For agencies looking to resell Infinity as a standalone product, we offer an affiliate program with customized partnership deals.

Infinity does not offer refunds for payments made under the Agency Plan (aside from the first 14-Day Money-Back Guarantee). Agencies are responsible for managing client payments and subscriptions, and any disputes regarding client payments must be handled directly by the agency

6.5 Monitoring and Enforcement

Infinity reserves the right to monitor usage of the Agency Plan to ensure compliance with these Terms. Misuse of the plan may result in termination or suspension, and legal action may be taken in cases of fraud or competitive underpricing.

7. White Label Terms

The following terms apply to users who have opted for the White Label Solution, either as part of the Agency Plan or standalone.

7.1 White Label Branding

White label users are permitted to rebrand Infinity and present it as their own product. The branding can be customized to align with your services and identity, including the use of custom domains. However, you are still subject to the following limitations:

• You cannot resell the white-labeled product as a standalone solution.
• You are responsible for all client-facing content and data hosted on the platform.

7.2 Content Responsibility

All content uploaded to Infinity under a white-labeled version remains the responsibility of the user. You are accountable for ensuring that your content complies with applicable laws and does not infringe on the rights of third parties.

7.3 Service Integrity

White label users may not disrupt the service for other users or abuse Infinity’s systems. Any misuse, including attempts to reverse engineer, replicate, or compete with Infinity directly, will result in termination of the agreement.

8. Copyright Infringement

We respect the intellectual property rights of others. Users who infringe on copyright may have their accounts terminated. If you believe your work has been infringed upon within the platform, please contact our designated agent at team@startinfinity.com.

9. Limitation of Liability

In no event shall Infinity Innovations Inc. or its affiliates be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of data, profits, or goodwill. Our aggregate liability for all claims related to Infinity will not exceed the greater of $20 or the amount you paid to Infinity in the past three months for the Services in question.

While Infinity aims to provide reliable and uninterrupted services, we do not guarantee 100% uptime or availability of the platform. Infinity will not be held liable for any service disruptions, outages, or interruptions that impact your use of the platform.

10. Indemnification

You agree to indemnify and hold Infinity, its officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses arising from your use of the Services or your violation of these Terms.

11. Final Terms

Infinity is provided 'as is,' at your own risk, without express or implied warranty or condition of any kind. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Infinity may integrate with or allow access to third-party services. Infinity is not responsible for the performance, availability, or security of these third-party services, and any interaction with such services is governed by the terms and conditions of those third parties.

Infinity shall not be held liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, internet outages, governmental regulations, or other circumstances that prevent the normal operation of services.

These Terms are governed by the laws of the state of Delaware, USA, without regard to its conflict of law provisions. Any disputes arising from these Terms will be resolved in the courts of Delaware.