Terms of Use
Services (as defined herein) and Terms of Use are provided by INCOMM-SPACE Corp. - the PRODUCT/PROJECT/MOBILE APPLICATION "ANNA," "ANNA ASSISTANT" hereinafter referred to as (ANNA).
USERS WHO DO NOT AGREE TO THESE TERMS OF USE SHOULD NOT USE ANNA'S SERVICES AND PRODUCT! THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, ARBITRATION PROVISIONS THAT CONTAIN A WAIVER OF CLASS ACTION.
Part I – Definitions, mandatory agreement.
1.1 Definitions.
References to "Reservation Services" mean the meeting planning services provided through the ANNA application.
References to "ANNA Application" mean any mobile, web, or voice application associated with the Services, developed and/or provided by us and available through the APP STORE, iTunes, and Google Play, as well as other third-party services, including but not limited to Amazon Alexa and Google Home.
References to "ANNA Site" mean the websites with the URLs:
and all subsidiary websites owned and operated by INCOMM-SPACE Corp. USA, our subsidiaries (INCOMM.SPACE LLC, Ukraine), and all other affiliated companies.
References to "Commercial Content" mean content that advertises or promotes a commercial product or service.
References to "Client" mean any individual or legal entity using the ANNA Application and ANNA Site or a Third-Party platform, as defined in Section 3.8, to schedule meetings, manage meetings, view content related to health, beauty, and well-being, and other services, whether paying or not paying for the services, whether the person registered directly for the use of the ANNA program or added by another person through whom the Client receives services.
References to "Dispute" mean any claim, conflict, dispute, or differences between the Parties arising out of or in any way related to these Terms (or any terms, supplements, or amendments provided herein), including, without limitation, any action in tort, contract, or other law, or any alleged breach, including but not limited to any question concerning the meaning, consequences, validity, performance, termination, interpretation, or enforcement of these Terms or any terms provided herein.
References to "Material Breach" mean any breach of these Terms, upon the occurrence of which a reasonable person in the position of the non-breaching party wishes to immediately terminate the operation of these Terms due to such breach.
References to "Services" mean all services we offer, including, but not limited to, (1) the website, (2) the application, (3) payment services, (4) “portf.olio”, and (5) any other services or features provided through the services.
References to "SME" mean small or medium-sized businesses, self-employed individuals, individuals, and sellers of goods, services, or products using the Services to enable Clients to book, manage, view, and cancel meetings.
References to "Terms," "Terms of Use," and/or "Agreement" mean these terms as set forth here.
References to "us," "we," "our," and/or "ANNA" refer to Incomm-space Corp., as well as all its designated agents, employees, and subsidiaries within the United States for clients located and/or residing in North and South America, Australia, and other (all) countries worldwide. For clients located and/or residing in Ukraine, the terms "ANNA" and "we," "us," and/or "our" refer to INCOMM.SPACE LLC, Ukraine, Zakarpattia region, Uzhhorod city, as well as all its designated agents, employees, and subsidiaries in the European Union and CIS countries, Ukraine. To avoid doubt, the person to whom you provide indirect consent by using the Services depends on your place of residence and the place of use of such Services.
References to "you" and/or "User" mean the user of the Services, whether an SME self-employed person or a Client.
1.2. Binding Agreement.
The following Terms of Use, together with relevant information provided in the Services, including any available features and services, are governed by the Terms of Use set forth below. Please read them carefully, as any use of the Services, directly through us or through a Third-Party platform, constitutes an acceptance agreement that the User is obligated to comply with. By accessing or using the Services or clicking "accept" or "agree" to this Agreement, you represent (1) that you are at least eighteen (18) years old (and in some jurisdictions, twenty-one (21) years old), (2) it is not illegal for you to access or use the Services, (3) you have read, understood, and agree to abide by this Agreement, and (4) you have the authority to register an SME and act on its behalf.
Parties acknowledge and agree that each of our companies, SME, client, third-party platform, subsidiary, parent, and affiliated companies are third-party beneficiaries under these Terms of Use. Such other individuals and/or companies have the right to directly enforce and rely upon any provision of these Terms of Use that benefits them. No other party shall be a third-party beneficiary under these Terms of Use.
Part II – General Provisions.
2.1. About us;
In essence, ANNA operates as software as a service, allowing users to book, manage, view, and cancel meetings. Additionally, the ANNA platform and all related programs enable users to view, browse, and explore content and potential service providers related to health, wellness, beauty, and other services. ANNA does not control (1) the quality, safety, morality, or legality of any aspects of any services offered by SMEs using our services, (2) the truth or accuracy of listings or catalog information provided by SMEs to us, (3) the timeliness or accuracy of any SME's appointment calendar, (4) the ability of SMEs to provide the ordered services, (5) the identity of any SME or client, or (6) the ability of clients to attend and pay for services. We do not guarantee and cannot guarantee that SMEs or clients will actually complete a transaction or show up for a visit. If you rely on any information provided by the services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or buy, invite to sell or purchase, make or solicit any offers.
IN ALL CASES, UNLESS SPECIFIED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND PROVIDED BY SMEs. IN NO EVENT WILL THERE BE ANY CLIENT-SERVICE PROVIDER RELATIONSHIP BETWEEN US, EXCEPT AS SPECIFIED IN THIS AGREEMENT. In all cases, any requests, invitations, offers, advertisements, or messages are void if prohibited by law.
2.2. Accuracy, Completeness, and Timeliness of Information.
We are not responsible if the information available in the Services is not accurate, complete, or up-to-date, including, but not limited to, SME corporate information, calendar availability, and made bookings.
2.3. Errors in the Services.
If you encounter any errors in the service, please inform us at office@incomm.space . We do not guarantee that any errors in the Services will be corrected.
2.4. Modifications and Changes to the Terms of Use.
We, the Company, may update or revise this Agreement (including any Policy) at our discretion and without limitation by posting it on the mobile application and/or company websites. You agree to periodically review this Agreement. You may choose to accept or not accept the modified version of this Agreement, but accepting this Agreement in its modified form is necessary for you to continue using the Services. You may need to click "accept" or "agree" to demonstrate your consent to any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your only recourse is to cease using the Services, and in that case, you will no longer have access to your Account or SME Account (as defined below). Unless otherwise expressly stated by ANNA, any use of the Services (e.g., use of booking services or payment services) is governed by the version of this Agreement in effect at the time of use.
2.5. Modifications and Changes to the Services.
We may change, supplement, suspend, or delete any aspect of the Services, in whole or in part, at our discretion at any time, and such changes, supplements, or deletions take effect immediately. Such changes, supplements, or deletions may include, but are not limited to, proposed content, availability hours, and necessary equipment for access or use. If you do not agree with such changes in the Services, your only recourse is to cease using the Services, and in that case, you will no longer have access to your Account or SME Account (as defined below). Unless otherwise expressly stated by ANNA, any use of the Services (e.g., use of booking services or payment services) is governed by the version of this Agreement in effect at the time of use.
2.6. Access to the Website or Services.
While we strive to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not guarantee that the Services will be available at all times. To use the Services, access to the Internet through a computer, mobile device, tablet, or other device authorized by ANNA is required. You are responsible for all mobile carrier charges associated with your use of the Services, including any notifications provided by the Services. ANNA does not guarantee that the Services will be compatible with all devices or supported by all mobile carriers.
2.7. Right to Refuse, Restrict, Suspend, and Terminate.
We reserve the right to refuse access to the Services for any reason at any time at our discretion. We may, at our sole discretion, restrict or terminate the account or SME account (as defined below) for any reason. In the event of changes or termination of the account or SME account (as defined below), we may attempt to notify you by contacting the email and/or payment address/phone number provided during your account or SME account (as defined below) creation; however, failure to do so will not result in any liability, including liability for data loss deleted as a result of account or SME account (as defined below) termination.
2.8. Prohibited Use of Services.
In addition to other usage restrictions outlined in this document, you agree and acknowledge that you will not use the Services to: (a) for any unlawful purpose; (b) induce users to perform any illegal actions or participate in them or engage in activities unrelated to the purposes of the Services; (c) violate any international or government provisions, rules, laws, or local ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) for harassment, abuse, insult, harm, defame, slander, libel, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) for the collection or tracking of personal information of other individuals; (i) spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for any indecent or immoral purpose; (k) to interfere or circumvent the security features of the Services; (l) engage in any actions that cause or may cause (at the sole discretion of ANNA) an unreasonable or disproportionately large load on the Services or ANNA's infrastructure; (m) lease, rent, copy, provide access to, or sublicense any portion of the Services or ANNA Materials (as defined below) to a third party; (n) use any part of the Services or ANNA Materials (as defined below) to provide or incorporate any part of the Services or ANNA Materials (as defined below) into any product or service offered by a third party; (o) reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code or closed API for the Services, except as expressly permitted by applicable law (and only after prior notice to ANNA); (p) modify any Services or ANNA Materials (as defined below) or create any derivative products based on any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or ANNA Materials (as defined below); or (r) publicly disseminate information about the performance of the Services or ANNA Materials (as defined below) or access or use the Services or ANNA Materials (as defined below) for competitive analysis or comparative analysis. We reserve the right to terminate your use of the Services for violation of any of the prohibited uses or for any other reason at our sole discretion.
2.9. Communication Systems and Authorization for Communication with You; Open Information; Call Recording; Analysis of Your Messages and Other Content.
The ANNA program may use GPS locator features to determine your current location. If you choose to provide a mobile phone number and mark the corresponding consent field during customer account login, you acknowledge that you will receive text SMS messages, phone calls, emails, and agree to receive them, push notifications, in-app communications, and web browser technology containing commercial content, such as web beacons and other chatbot applications from ANNA regarding the Services and more, as described in our Privacy Policy. You may incur charges for such messages according to your agreement with the operator. Additionally, by providing your contact information and/or linking associated accounts, you grant ANNA access and consent to communicate with you using voice assistants like Siri, Alexa, and Google Home, or any other similar voice services.
ANNA may contact you through automatic dialing or pre-recorded calls and text messages using any provided phone number to: (i) inform you about your account; (ii) resolve issues with your account; (iii) settle disputes; (iv) occasionally solicit your opinion through surveys or questionnaires; or (v) if necessary for the maintenance of your account or to ensure compliance with this Agreement, our policy, applicable laws, or any other agreement we may enter into with you.
ANNA may also contact you through automatic or pre-recorded calls and text messages for marketing purposes (e.g., offers and promotional campaigns) to which you agree by providing your mobile phone number (as specified above). ANNA may collect other phone numbers for you and may make manual non-marketing calls to any of these numbers and automatic non-marketing calls to any landline. Standard minute and text message charges may apply, and it may include overage charges if you exceed the plan limit.
If you have questions about text message or data plans, please contact your wireless carrier.
If you do not wish to receive messages as specified above, you can change your communication settings (including withdrawing your consent to receive specified messages) at any time, including through the communication settings section in your account.
ANNA may, without additional notice or warning and at its discretion, monitor or record phone conversations that you or anyone acting on your behalf has with ANNA or its agents for quality control and training purposes or for its own protection.
Any personal information provided by you to ANNA or collected by ANNA as mentioned above will be stored and processed by ANNA in accordance with our Privacy Policy.
2.10. Confidentiality; Marketing.
If ANNA provides you with information about another User, you agree to use this information only for the purposes provided to you. You do not have the right to disclose, sell, rent, or distribute User information to third parties for purposes unrelated to the Services. Additionally, you do not have the right to use user information for marketing purposes through electronic or other means unless you obtain the specific user's consent.
2.11. Government End Users.
The Services are a “commercial product” as defined in 48 CFR 2.101, Code of Federal Regulations for the Use of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 CFR 12.212. Pursuant to 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4, all US Government end users obtain any ANNA Program only with the rights set forth therein. If you are a government end user, please consult with the appropriate legal department before use to confirm that your use complies with the standards and policies under the Code of Federal Regulations.
2.12. Export Control.
You are not authorized to use, export, or re-export any ANNA program or other aspects of the Services (or any copy or adaptation thereof) in violation of applicable laws, including, without limitation, U.S. export laws and regulations. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a country that "supports terrorists," and that you are not listed on any U.S. Government list of prohibited or restricted parties.
2.13. User Fraudulent Actions.
ANNA is not responsible for any losses related to the revocation of payments, fraudulent recoveries, or any other actions of any User that are fraudulent, deceptive, or otherwise invalid ("User Fraudulent Actions"). By using the Services, you hereby release ANNA from any liability arising from fraudulent actions. You will also make all efforts to promptly inform us of any fraudulent actions that may affect the Services. ANNA reserves the right at its sole discretion to suspend the account of any User engaging in fraudulent actions or allowing any other User to engage in such actions.
Part III – Customer Accounts.
3.1 Online Accounts.
Customers will have the opportunity to register using an online, mobile, voice, or offline registration form to create a Customer account (hereinafter "Account"), enabling you to receive information from us and/or participate in certain features of the Services. We will use the information provided by you in accordance with our Privacy Policy. By registering with us, you declare and warrant that all information you provide in the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information to keep it current, complete, and accurate. During the registration process, you may need to choose a password. You acknowledge and agree that we may rely on this password for your identification. You are responsible for any use of your Account, whether or not you authorized such access or use, and for ensuring that any use of your Account complies with these Terms of Service. Accounts can be canceled according to the functionality of the ANNA mobile application.
3.2. Transfer Prohibited.
You agree not to sell, exchange, or transfer your Account to any other person or organization.
3.3. Account Rules.
The Services may include the ability to communicate with other Users in one or more profiles, booking forms, platforms, comment sections, discussion forums, websites, landing pages, social networks, sales channels, and/or other interactive features (hereinafter "Interactive Zones") where users and third parties may communicate. By participating in interactive zones, you agree and acknowledge that you:
- Shall not upload, distribute, or otherwise publish in the Services any defamatory, libelous, indecent, pornographic, offensive, or otherwise unlawful materials; and
- Shall not threaten or verbally abuse other Users, use defamatory language, or intentionally disrupt discussions with repetitive messages, irrelevant messages, or "spam"; and
- Shall not use language that is offensive or discriminatory based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Any hostile language of any kind is grounds for immediate and permanent suspension of Services; and
- Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of Services; and
- Shall not use Interactive Zones to distribute or otherwise publish materials containing any solicitations, advertising, or offers of goods or services, except for the sale of goods or services within the clearly defined purpose of the Services; and
- Shall not upload, post, or otherwise transmit any content that violates any law or engages in activities that may constitute a criminal offense or give rise to civil liability; and
- Shall not post unauthorized commercial messages (e.g., spam); and
- Shall not upload, post, or otherwise transmit content that advocates or provides instructions for illegal activities or discusses illegal activities with the intent to commit them; and
- Shall not upload, post, or otherwise transmit content that is generally unrelated to the designated topic or theme of any Interactive Zone; and
- Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
- Shall not interfere with the privacy rights of any other User, including by collecting or gathering personal information about other Users from our Interactive Zones or posting private information about a third party; and
- Shall not engage in illegal multi-level marketing, such as a pyramid scheme; and
- Shall not upload, post, or otherwise transmit any content, software, or other materials that contain a virus or other harmful or disruptive component; and
- Shall not interfere with the operation of the Services or Interactive Zones or the servers or networks connected to them, or violate any requirements, procedures, policies, or regulations of networks connected to the Services and/or Interactive Zones; and
- Shall not encourage or endorse any violations of these Terms of Service or any other ANNA policy; and
- Shall not upload, post, or otherwise publish any information (in the form of links or otherwise) about organizations that provide competitive services to ANNA.
Users agree and acknowledge that any profile they create may be edited, deleted, modified, published, transmitted, or displayed by us, and they waive any rights they may have to alter or change the material in a manner they do not like.
3.4. Submission Rights.
If you submit, display, publish, or otherwise post any content in an interactive zone (hereinafter "Submission"), you agree to grant us, our partners, and affiliated entities a limited, non-exclusive, sublicensable, worldwide, fully paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such materials on any and all media now known or developed in the future for the purpose of hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without any requirement to make payment or obtain permission from you or any third party.
You represent and warrant that you own or have a valid license to use any and all Submitted materials and otherwise have the right to grant the license set forth herein, and that the display, publication, or posting of any Submitted materials does not and will not violate the confidentiality rights, advertising rights, copyright, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any physical or legal person.
3.5. Right to Monitor.
We reserve the right to monitor your account at our discretion.
3.6. User Verification.
Users wishing to avail themselves of the Services may be asked to provide a valid mobile phone number through the ANNA application and verify this number according to our instructions. To verify your mobile phone number, we will send you a code in a text message to the phone number you provided, and you must enter this code as indicated in the ANNA app. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. By providing your mobile phone number, you explicitly agree to receive direct-dial calls, automatic calls, and prerecorded messages, as well as text messages to this number. Users wishing to participate in the Services may also be required to verify their identity, especially in the case of Payment services. This may include, but is not limited to, providing proof of identity (e.g., with a passport or other document identifying the person with a photograph) and proof of residence (e.g., with a current utility bill). ANNA assumes no responsibility and cannot be held liable for the verification or non-verification of a User's identity.
Any personal information provided by you to ANNA as mentioned above will be stored and processed by ANNA in accordance with our Privacy Policy.
3.7. Account Settings.
You can set certain default preferences for using payment services through the ANNA app, such as the preferred account for the payment card. You can modify these settings through the ANNA app.
3.8. Use of Booking Services through Third-Party Platforms.
ANNA collaborates with third-party websites, applications, and services (each a "Third-Party Platform") through which our Booking Services and Payment Services may be provided. According to our Privacy Policy, if the Client does not opt out by contacting us via email, we may contact Clients accessing or otherwise using our Booking Services and/or Payment Services through such Third-Party Platforms via the email address or phone number provided by the Client to such Third-Party Platform.
3.9. Small and Medium Business (SMB) Customer Reviews.
Clients booking services with SMBs through ANNA may have the opportunity to leave a review ("Review") for the SMB. In addition to complying with all review requirements that may be set by the Federal Trade Commission ("FTC"), the rules for posting and removal of reviews are as follows:
- ANNA is not responsible for the content of any review posted by the Client;
- A Client may only provide a Review for a completed meeting. An SMB may request removal of a review only if the SMB marks the meeting as a no-show within 24 hours of the scheduled meeting;
- The Review should relate solely to the professional services provided by the SMB and be based solely on the Client's personal experience;
- Clients must not post Reviews that: (i) are untrue or intentionally misleading, (ii) contain harmful, defamatory, or unethical content or violate the law, personal rights, including no vulgar or offensive language, references to private or family life, or calls for violence or hatred, including racial, religious, or ethnic hatred or against sexual minorities;
- ANNA may refuse to publish a Review or remove an already published Review if, in ANNA's sole opinion, it violates the Terms of Use or legal provisions. However, ANNA does not resolve disputes between SMBs and Clients and does not verify the accuracy of Reviews;
- Removal of a Review is irreversible;
- Clients have the opportunity to express their opinion about the services provided by the SMB. Therefore, requests to block the ability to leave Reviews or delete Reviews published by Clients will not be considered unless the Review otherwise violates these Terms.
Reviews submitted by Clients who used the services of a specific SMB through booking made in the ANNA app are labeled with "Verified ANNA User." Regarding these Reviews, ANNA guarantees that they originate exclusively from the accounts of Clients who used the services of a specific SMB. Only after providing the SMB service do Clients have the opportunity to publish Reviews. Regarding Reviews without the "Verified ANNA User" tag, ANNA does not guarantee that such opinions come from Clients who used the services of a specific SMB.
Part IV – Terms of Booking Services, Payment Services, and SMB Rating in Search Results.
4.1. Appointment Scheduling.
ANNA provides Users with Booking Services to assist Clients in finding and scheduling appointments with various SMB participants and to help SMBs manage their calendars more effectively and increase their customer base. In response to a Client's online appointment request for an SMB through the ANNA website or ANNA app, ANNA directly connects with the SMB's computerized appointment database. The availability of appointments is determined at the time of the User's request and is provided by the SMB. Users understand and agree that ANNA does not verify the availability of independent SMBs and cannot be held responsible for errors in the SMB's calendar, such as double bookings or appointments that are not fulfilled by the SMB. After scheduling an appointment through the ANNA website or ANNA app, ANNA will provide confirmation of the appointment to both the Client and the SMB via SMS or PUSH notification.
By using Booking Services, Users agree to receive confirmation of appointments and reminders by email, SMS, push notifications, and/or any technology associated with chatbot or voice support that ANNA may use. ANNA is not responsible if the confirmation or reminder is not sent or received by the User.
4.2. No-Show and Appointment Cancellation Policy.
ANNA strives to provide quality services to Clients and small and medium businesses (SMBs). To help us maintain consistently high levels of service for SMBs and their clients, Clients must make all reasonable efforts to cancel any appointments they cannot attend as soon as possible before the meeting. You can cancel your appointment through the ANNA website or ANNA app. Appointments cannot be canceled by directly calling the SMB. Some small and medium businesses may require a debit or credit card number to complete the appointment booking and reserve the SMB's calendar. To use the Booking Services for these SMBs, you must provide valid debit or credit card information, and a certain amount may be blocked or pre-paid. You may need to cancel the appointment according to the SMB's stated cancellation policy, which will be disclosed during the appointment scheduling. ANNA uses this debit or credit card information or service for payment processing, as described in our Privacy Policy, and is not responsible for any charges incurred from the debit or credit card account or other payment services due to any inability to cancel your appointment according to the SMB's cancellation policy. Note that cancellation fees may be charged only if the Client cancels the appointment independently using the processes described above, or the SMB records a no-show.
Please note: you may be charged a cancellation fee specified during the booking process, or you may lose the blocked or prepaid amount if you organize a Booking Service but cancel it late or do not show up, thus violating the SMB's stated cancellation policy. Unless otherwise specified, reimbursement of any blocked or prepaid amount rests solely with the SMB. ANNA is not responsible for reimbursing such amounts to Clients, and ANNA is not responsible for verifying whether the Client provided accurate debit or credit card information or whether the Client has sufficient funds in the bank account to complete the transaction.
Clients who cancel or no-show on multiple bookings may be blocked at the discretion of ANNA if such account activity harms the orderly operation of the Booking Service for small and medium businesses and the ANNA community members.
4.3. Terms of Use.
The User agrees to use the Booking Services only to schedule appointments with SMBs and then attend these appointments, arriving at the SMB on time and paying for the booked and provided services. Reselling or attempting to resell appointments is prohibited and is grounds, among other things, for canceling your appointments or terminating your access to the Services.
4.4. ANNA Payment Services, General.
ANNA may offer third-party payment services ("Payment Services") to allow Clients to pay bills at participating small and medium businesses through the ANNA Program. To use Payment Services at SMB participants, Clients must: (1) install the ANNA app on a compatible mobile device; (2) make a reservation for the SMB through Booking Services; (3) provide valid payment information through the ANNA app, as described below; and (4) have an account with a good reputation. ANNA does not charge the Client any fees for using Payment Services; however, standard text message and data rates may apply to the Client's mobile carrier; you are responsible for any fees charged by your mobile carrier in connection with your use of payment services and the ANNA app.
4.5. Sale Prices.
Prices and payment terms for SMB services are displayed during booking through the ANNA app; however, small and medium businesses may change these fees at their discretion. The ANNA website and ANNA app support both inclusive and exclusive tax systems. In the former, the prices presented are final prices, including all sales taxes, and in the latter, such taxes will be added to the final price after the service is provided. The decision on which system to use is made by the SMB.
4.6. Payment Card Information.
To use Payment Services, Clients must provide information about at least one valid debit or credit card or other payment systems through the ANNA app. ANNA uses this account information as described in our Privacy Policy. You can add, remove, and edit debit or credit card information you have provided through the ANNA app from time to time. If you provide account information for multiple valid debit or credit cards, you must choose which debit or credit card to use for payment.
To confirm that the payment card information you provided is accurate, we may temporarily authorize $1.00 USD on your debit or credit card when providing payment card information through the ANNA app. When we verify the accuracy of your payment card information (usually within a few days), the $1.00 USD hold will be canceled. In no case will you be charged a fee for this $1.00 USD authorization on your payment card.
To the extent permitted by applicable law and in accordance with our Privacy Policy, you acknowledge and agree that we may use certain third-party providers and service providers (such as payment method providers) to process payments and manage debit and credit card information.
By providing debit or credit card account information, IBAN, etc., through the ANNA app, you represent, warrant, and agree that: (1) you have the legal right to provide us with such information; (2) you have the legal right to make payments from debit or credit card accounts; and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card accounts or applicable law. When you authorize payment using a debit or credit card account through the ANNA app, you represent, warrant, and undertake that sufficient funds or credit are available to make the payment using the debit or credit card account. By using Booking Services, you acknowledge and accept the binding agreement to assume full financial responsibility for all Booking Services you plan through ANNA or information contained on ANNA.
4.7. Payment Authorization and Settlement.
When you specify through the ANNA app that you intend to pay your bill using Payment Services, you authorize ANNA or the payment service provider to charge your debit or credit card the full amount of the services to be provided and any cancellation fees that may arise at any time before or after the scheduled appointment date and time. You are responsible for the timely payment of all amounts owed to ANNA and the SMB.
4.8. Receipts and Transaction History.
All transaction receipts related to payment services are visible in your account on the ANNA app and/or on the ANNA website. If you wish to receive an email or paper copy of a receipt, you must make a request.
4.9. Incomplete Payments.
ANNA is not responsible for any payments that Payment Services do not execute due to: (1) insufficient funds on your debit or credit card account to complete the transaction or the transaction will exceed the credit limit or overdraft protection of the debit or credit card account; (2) you did not provide us with correct payment account information; (3) the expiration date of your debit or credit card has passed; or (4) circumstances beyond our control (such as, but not limited to, power outages, disruptions in cellular communication, or any other interference by third-party forces) prevent the transaction from being executed. To the extent that any outstanding amounts cannot be collected from your debit or credit card account using Payment Services, you are fully responsible for paying the relevant SMB by other means, such as cash, in accordance with the full cost of the scheduled and/or provided services.
4.10. ANNA, Alternative Payment Methods.
ANNA, in collaboration with third-party payment methods, also offers its own payment method ("ANNA PAY").
4.11. SMB Ratings in Search Results.
In the event that a Client is searching for services or SMBs, the Client is presented with profiles of SMBs that meet all the search criteria specified by the Client. The customer can use filters ("Special Offers," "Mobile Services," "Online Services") and location to narrow down search results. The client can also sort profiles of small and medium-sized businesses by criteria such as "Sponsored First," "Distance" (closest first), or "Reviews" (highest first).
The main parameters determining the positioning of SMB profiles in the Client's search results are:
- Region: SMB profiles that match the location criteria specified by the Client or the location provided by the Client via GPS are presented to the Client.
- Distance: SMB profiles located closest to the Client are presented to the Client.
- Availability: SMB profiles with available time slots for the service that interests the Client are presented to the Client.
- Business category: SMBs can indicate whether a specific service belongs to the primary or additional business category. If the Client is looking for a particular service, profiles of SMBs that have identified the sought-after service as the primary business category are displayed to the Client first.
- Service type: SMBs can specify the type of a particular service. If the Client is looking for a specific service and selects its type, profiles of SMBs that have indicated the same type of service will be presented to the Client first.
- Ratings: Profiles of SMBs with the highest ratings based on reviews from other Clients are presented to the Client.
- Gender: Profiles of SMBs adapted to the gender specified by the Client are presented to the Client.
- Promotions: Profiles of SMBs offering the highest promotions at the time of the search are presented to the Client.
- Profile view-to-completion ratio: ANNA analyzes the proportion of the number of profile views to the number of completed visits to a specific SMB. Profiles of SMBs with the highest value in this aspect are presented to the Client.
- Completed visits booked by the Client: Profiles of SMBs with the highest number of completed visits booked by the Client through the App are presented to the Client.
- Repeat visits: Profiles of SMBs with the highest number of repeat visits booked by different clients are presented to the Client.
Purchasing an additional service from ANNA by small and medium-sized businesses, aimed at supporting small and medium-sized businesses in attracting new Clients, may also affect the search results displayed to the Client. Profiles of SMBs that have utilized this additional service will be prioritized in the Client's search results.
Part VI – Terms of Use for SMBs.
In addition to other conditions stated in these Terms of Use, the following Terms of Use for SMBs apply to all SMBs.
6.1. Unauthorized Business and Content.
In addition to the prohibited uses mentioned above, our ANNA program and ANNA website cannot be used by SMBs to:
- Publish, distribute, offer, sell, or compel us to do so on their behalf any content, products, or services directly or indirectly related to: ("Unauthorized Business" and "Unauthorized Content"):
(1) Illegal or contrary to good morals or principles of social interaction;
(2) Drugs, tobacco, alcohol, other stimulants, and substances intended for their production;
(3) Pornographic, sexual (including escort or tantra), sexually suggestive content aimed at promoting a specific service or product through sexually explicit, ambiguous, or unethical content;
(4) Entertainment for adults; and orders via the Internet/mail/phone for age-restricted goods;
(5) Sale of firearms, ammunition, or weapons and other devices designed to cause bodily harm;
(6) Betting, including lottery tickets, sports-related gambling, casinos;
(7) Insurance or other financial goods; money transfers; services of an independent financial consultant or securities; pyramid sales or multi-level marketing;
(8) Forgery or infringement of the intellectual property rights of third parties (including illegal software or downloads);
(9) Pharmacies or pharmacy services redirecting any other sales of products or services in strictly regulated areas;
(10) Hatred or harmful actions, calls or support for discrimination, violence, or terrorism.
Violation of this requirement may result (at the sole discretion of ANNA and without the need for any additional notice) ("Corrective Actions"): (i) blocking or removing any unwanted content, (ii) temporary or permanent blocking of certain features or services you use, (iii) temporary or permanent blocking of your SMB account, (iv) suspension of the SMB account. The initiation of any Corrective Actions by ANNA, including the suspension of the Account, does not exempt you from the obligation to pay the expenses incurred for ANNA Services until a certain Corrective Action.
6.2. SMB Accounts, Generally.
To use our services as an SMB, you must create an account on the ANNA website or in the ANNA application ("SMB Account"). By opening an SMB Account, you agree to comply with the Terms of Use, Privacy Policy, and agree to provide users with the services they have booked from you, in accordance with the Terms of Use. Additionally, the conditions and limitations outlined in sections 3.2–3.6 of these Terms regarding customer accounts equally apply to SMB accounts.
By registering an SMB Account, you confirm that you have the authority to act on behalf of the SMB and must provide truthful, accurate, current, and complete information about the registered SMB. This information may include Know Your Customer (KYC) data as required by our payment processor.
You also agree to promptly update the small and medium-sized business account to keep it accurate, current, and complete. You are fully responsible for maintaining the confidentiality of your SMB Account and information in your SMB Account, and except as required by applicable law, you are fully responsible for any use of your SMB Account, whether authorized by you or not. You agree to promptly notify ANNA of any unauthorized use of your SMB Account or any other security breach related to your use of the services.
6.3. Registration, Services.
Registration of an SMB Account may be free or subject to a registration fee depending on the region of SMB business activity or the type of services provided. Therefore, you may be required to pay a registration fee for the SMB Account ("Registration Fee"). The exact amount of the registration fee will depend on the type and location of your SMB. ANNA reserves the right to change the location or types of small and medium-sized enterprises receiving benefits of reduced or waived registration fees from time to time at its discretion.
The registration fee is payable using acceptable payment methods specified during registration or otherwise communicated to the SMB. In addition to the registration fee, you agree that a certain fee will be debited periodically, monthly or semi-annually, depending on your agreement with ANNA, from the accepted payment method for placing your offerings through the services and maintaining SMB Account support ("SMB Subscription Fee"). The first SMB subscription fee will be debited at the time of registration along with the registration fee, if any. ANNA reserves the right, at its discretion, to cancel or reduce the SMB subscription fee for a certain period, such as during a free trial period. After this period, you will be offered a specific SMB subscription fee, and the corresponding amount will be debited from your account if you agree to the terms. ANNA reserves the right to block or delete SMB accounts that do not remit the required fees.
You are required to inform ANNA of the true and actual number of employees designated for your small and medium-sized business account and to update this information promptly without any additional requests. Failure to do so may result in the removal of additional employees not covered by ANNA payments from your small and medium-sized business account, or your SMB account may be blocked or terminated (at the discretion of ANNA).
6.4. Creating an account on a third-party platform.
ANNA collaborates with third-party websites, applications, and services (each referred to as a "Third-Party Platform") through which our Booking Services and Payment Services may be provided. In accordance with our Privacy Policy, we may automatically create a SMB profile on such third-party platforms using the information provided to us by the SMB during the creation of their ANNA SMB account. This information may include the business name, address, phone number, email address, working hours, availability schedule, offered services, price list, reviews, and photos. By using the Services, you grant us a license to use and disclose this information on such third-party platforms, and you warrant that the information provided by you will not violate the rights of any third party. The use of third-party platforms and their accounts is governed by their own privacy policy and is not covered by these Terms or our Privacy Policy.
6.5. Canceling the SMB account.
You can cancel your SMB account through the ANNA mobile app or by contacting ANNA via email. However, ANNA will not refund you for any already paid period, even if you did not use your SMB account during that period, did not receive any bookings, or your offer was not listed in the Services. In case of cancellation, we reserve the right to remove your small and medium-sized business account from our Services in accordance with our Privacy Policy.
Please note that canceling the SMB account on ANNA does not cancel or cause the deletion of the SMB account on a third-party platform. To cancel or request the deletion of such accounts, small and medium-sized businesses should directly contact the respective third-party platform.
6.6. Compliance with the Terms of Sale.
All sales and accepted bookings are binding. The SMB agrees and acknowledges that they, not us, are fully responsible for providing any and all purchased services to Customers, and that a purchase-sale agreement arises when the Customer uses Booking Services to reserve a service. Any sale is governed by applicable laws but does not include any right that is not a legal right and is not outlined in these Terms.
6.7. SMB Guarantees; Limitations.
In addition to Unauthorized Business and Prohibited Use of Services outlined in these Terms, the SMB guarantees that any services: (a) are not: illegal, indecent, offensive, threatening, defamatory, infringing on confidentiality, violating intellectual property rights, or otherwise harmful to any third party; (b) have not been identified by the U.S. Consumer Product Safety Commission and any other rules set by small and medium-sized business countries and the Customer as unsafe for consumers and therefore are not subject to recall; (c) are not counterfeit; (d) do not violate the laws of any country whose citizens may purchase or receive the services; and (e) do not violate the rules and regulations published by the U.S. Food and Drug Administration (FDA). The SMB also guarantees that they, he, she, or it owns all copyrights, trademarks, and other intellectual property associated with any information in the SMB account provided to us, or that the SMB has the permission of the intellectual property owner (a) to place the Product(s) in commerce; (b) to receive net proceeds from such arising sales; and (c) to protect intellectual property in the Product(s). Finally, the SMB guarantees and represents that they, he, she, or it has all licenses and authorizations necessary to comply with these Terms. Upon our request, the SMB will provide us with sufficient documentary evidence of such permission or refusal. We are not obligated to request such documentary evidence, and the fact that we did not request such documentary evidence in no way constitutes a statement of whether such permission or refusal is required.
Additionally, the use of slang related to drug use is prohibited when referring to products available for sale on the ANNA website. All government officials, agencies, and/or agents must identify themselves to us when entering the ANNA site and when ordering any products from the ANNA site.
6.8. Listing Description.
When listing services available for booking through Booking Services, the SMB must accurately describe the services they provide and all terms of sale. Small and medium-sized business listings may only include textual descriptions and other content related to the sale of that service and must be categorized appropriately with relevant tags.
6.9. Calendar Management.
The SMB is responsible for accurately maintaining and updating their calendar to reflect current and correct availability for Booking Services. Under no circumstances is ANNA responsible for double bookings or other scheduling errors.
6.10. Customer Communication.
Small and medium-sized businesses must employ ethical sales tactics when promoting any services, refraining from making false and/or deceptive statements about services and/or the small and medium-sized business. Small and medium-sized businesses explicitly agree to always conduct themselves ethically, morally, and legally. To assist with this, ANNA may, at its discretion, periodically impose restrictions on the types of messages SMBs can send to Customers, including but not limited to mass targeted marketing campaigns via SMS, email, or push notifications. In addition to the above, SMBs are prohibited from abusing any communication system available through the ANNA program or ANNA website, including the use of autoresponders. SMBs understand that such autoresponders may or may not be activated automatically after SMB account registration, depending on jurisdiction, and may be modified by the SMB through account settings.
6.11. Compliance with the Law.
In addition to other requirements for compliance with laws, regulations, and terms outlined in this document, small and medium-sized businesses agree to adhere to any and all local, state, and federal regulations and laws related to customer communication and sales.
6.12. Freedom of Marketing Methods.
Notwithstanding the above, small and medium-sized businesses have the right to choose on which social media platforms and through other mass media means and sales channels they will promote their services and use the Services, including the ability to choose their own tools, methods, locations, and working hours.
6.13. Right to Refuse.
Small and medium-sized businesses have the right to refuse to accept bookings made through Booking Services for any reason or no reason at all, provided that such refusal does not violate federal, state, or local laws or any other rules or regulations.
6.14. Policy, Mandatory Sales Terms.
Before being allowed to conduct any transactions through the Services, small and medium-sized businesses must implement the following policies within their service: a prepayment policy, a cancellation policy, a return policy, and a payment policy, in addition to any other policies desired by the small and medium-sized business, which shall be clearly outlined. Small and medium-sized businesses must conscientiously create reasonable policies and adhere to them. In the event that a policy does not comply with these Terms of Use and/or is deemed unjustified in any way, we may, at our discretion, require the SMB to review that policy.
6.15. Processing Fee for Small and Medium-sized Businesses.
Small and medium-sized businesses wishing to use our payment services are subject to a payment processing fee based on the current local rates visible in the ANNA program ("Processing Fee"). For detailed information, contact us at office@incomm.space. Such processing fee may be changed without notice at our sole discretion. This processing fee is non-refundable for any reason, including situations where the small and medium-sized business is required to refund a purchase to the Customer.
6.16. Refunds and Chargebacks.
If a Customer is not an authorized user of the payment method or otherwise disputes the transaction, the transaction amount may be canceled or charged back provided that the transaction: (a) is disputed, (b) is canceled for any reason by the payment network, payment processor, ANNA, or the Customer or their financial institution, (c) is not authorized, or ANNA has any reason to believe the transaction was not authorized, or (d) is likely illegal, suspicious, or violates these Terms. For any transaction resulting in a chargeback, ANNA will withhold the chargeback amount in reserve from the amounts due to the SMB. We may reimburse the amount of any chargeback and any related fees and penalties imposed by the network or our processor. In addition, note that ANNA may impose a processing fee for chargebacks. If you have unresolved chargebacks, we may withhold payments, and if we reasonably believe that a chargeback is likely for any transaction, we may withhold the potential chargeback amount from payments otherwise due to you until: (a) the chargeback is assessed through a Customer complaint, in which case we withhold the funds; (b) the period of time according to applicable law or regulations within which your Customer may dispute the transaction has passed; or (c) we determine that a chargeback for the transaction will not occur. If we cannot recover the funds related to a chargeback for which you are responsible, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs, including attorney's fees and other legal expenses incurred by us to recover all unpaid amounts.
If we believe that you may experience or are experiencing an excessive number of chargebacks, we may impose additional conditions governing your account, including (a) the establishment of new processing fees, (b) the creation of a reserve in an amount reasonably determined by us to cover anticipated chargebacks and associated fees, (c) delayed payments, or (d) termination or suspension of Payment Services.
Upon request and at your expense, we will assist you in investigating any of your transactions processed through Payment Services. For this purpose, you allow us to share information about the chargeback with the Customer, the Customer's financial institution, our payment processor, payment networks, and your financial institution for investigation and/or mediation of the chargeback. We will require you to provide necessary information to dispute a chargeback. If a chargeback is successfully disputed, we will refund the corresponding reserved funds to your account. If the network or issuing bank does not resolve the dispute in your favor or you choose not to dispute the chargeback, we may refund the amount of the chargeback and any associated fees as described in these terms. You acknowledge that your inability to promptly assist us in investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in irreversible chargeback.
6.17. Funds Withholding.
If, in our reasonable opinion, we are obligated to do so by law, we reserve the right to withhold funds for services that we reasonably consider suspicious of money laundering, unauthorized business, fraud, or any other illegal activity, or in the case of any other chargebacks or reversals.
6.18. Payouts.
After creating an SMB account, using a secure form, you will have the opportunity to specify a deposit account to receive payouts. Once funds for Payment Services are completed and paid out, they will be available for withdrawal. Typically, payouts are automatically transferred to your deposit account net of fees daily. For all other small and medium-sized companies, payouts are usually processed to your designated deposit account net of fees within 2-3 business days.
Except as required by law, you are solely responsible for maintaining accurate records of all transactions processed through the settings of your SMB account. We are not responsible for any payout delays. To learn about the payout schedule for any specific transaction, please review the payment report or contact ANNA.
In the event your payout account goes negative, you agree that we have the right to offset any incoming payments against the negative balance. If you fail to bring your account into a positive balance, we may block further payments to you and initiate legal proceedings for recovery.
6.19. Responsibility for Accurate Payout Information.
You agree to provide current, complete, and accurate information about the deposit account for payouts. You agree to promptly update your SMB account and other information, including your address, email, and banking information, so that we can complete your transactions and contact you as needed.
6.20. Deposits.
ANNA may require small and medium-sized businesses to maintain deposits in a deposit account to act as collateral against chargebacks and refunds. The amount of such deposits will be determined by ANNA.
6.21. Processing Errors.
We will attempt to rectify any processing errors identified. If an error resulted in you receiving less funds than you were entitled to, we will credit the difference to your SMB account. If an error results in you receiving more funds than you were entitled to, ANNA will debit the additional funds from your SMB account or associated bank account. You must reimburse ANNA the difference within thirty (30) calendar days of receiving the demand. We will rectify transactions that you process incorrectly if you notify us of such an error. If you fail to notify us of a processing error within thirty (30) calendar days of when it first appeared in your transaction history, it may be considered a waiver of any rights to amounts owed to you.
6.22. Refunds.
By accepting card transactions through Payment Services, you agree to process refunds and provide compensation and adjustments for your goods or services in accordance with these Terms. You are required to disclose your refund or cancellation policy to customers at the time of purchase and/or booking, if applicable, and may refund transactions within thirty (30) calendar days from the transaction date. The refund/adjustment amount must include any applicable taxes that need to be refunded and cannot exceed the amount shown as the total in the initial sales data, except for the exact amount needed to reimburse shipping costs that the customer paid to return the item. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive chargebacks associated with such sales.
ANNA will automatically process refunds on your behalf from the available balance or deposit amount and is not responsible for refunds made in error or in violation of your own rules. If your available balance or deposit amount is insufficient to cover the refund, ANNA will deduct the requested refund amount and return it to your customer. Additional refunds may be accepted but will only be processed once your account shows a positive balance. For each refund, ANNA may charge a refund processing fee.
ANNA is not obligated to accept any returns of your goods or services on your behalf in accordance with the applicable Network Rules (as defined below). By using Payment Services, you agree to comply with all relevant statutes, rules, and regulations set forth by the payment processing networks.
6.23. Processing.
We have the right to set off any claims against the sums SMB pays ANNA. Additionally, to the maximum extent permitted by law, we may recover any and all your obligations to us by offsetting them from incomplete transactions in the deposit account. A fee is charged during transaction processing and is deducted from the funds received. Failure to pay all due amounts promptly constitutes an immediate breach of this Agreement for which you are responsible. Furthermore, you agree to pay all fees and expenses, including but not limited to attorney fees, incurred by us or on our behalf, arising from or related to the collection of any unpaid obligations by you.
In addition to any other fees outlined in these Terms, ANNA may also charge standard ANNA rates to small and medium-sized businesses for investigations, including but not limited to (i) investigations necessary to respond to any third-party court or government subpoena, collection, or account arrest on the small and medium-sized business account, as well as (2) investigations and activities necessary to verify and enforce any payee changes in accordance with the Uniform Commercial Code (as described below) or court order.
You also understand that under Section 9-406 of the Uniform Commercial Code, we may be required to fully or partially pay your secured party's (e.g., creditor) assignment and payment direction after receiving notice. If we receive such notice and direction, we will, after deducting our fees and compliance expenses as specified above, make payments to your secured party as instructed without prior notice.
6.24. Tax Payments.
You are responsible for determining any taxes imposed, payable, or required to be withheld, paid, or collected for any reason for your use of Payment Services ("Taxes"). You are also fully responsible for collecting, withholding, reporting, and remitting any applicable taxes to the relevant tax authority. We are not obligated and will not determine whether taxes apply or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction. If you are a small and medium-sized business representative in the United States and, during a particular calendar year, you process (i) a total payment amount exceeding $20,000 USD and (ii) more than two hundred (200) payments, ANNA or its payment processor may be required by law to report information about you and your use of Payment Services to the Internal Revenue Service ("IRS"). To determine whether you have reached the IRS reporting threshold, the total amount does not include any adjustments for credits, cash equivalents, discount amounts, commissions, reimbursed amounts, or any other amounts. By reviewing the information of our payment service related to your small and medium-sized business account, it will be determined whether you reach payments of $20,000 USD or more than two hundred (200) payments. To fulfill these regulatory obligations before SMB reaches the threshold values, we will need additional information, including a completed IRS W9 form for SMB in the U.S. We reserve the right to block Payment Services for small and medium-sized businesses that do not provide us with all necessary information in accordance with applicable tax rules and regulations.
6.25. Additional Products and Services.
From time to time, we may offer additional products and services for purchase by small and medium-sized businesses, such as extra text messages, hardware for payment processing, technical support, and lead generation. Additional service fees apply for such products and services, and these fees are set at the point of sale, subject to change at our sole discretion and outlined in a separate agreement between the Customer and ANNA or a proposal from ANNA or its branch for such products and services. In the event that such additional services include lead generation for small and medium-sized businesses, SMB agrees and acknowledges that it is not responsible for paying ANNA a commission for Customers who first use Booking Services. In this case, ANNA and SMB agree in good faith on the specified number of leads generated from ANNA, reserving the right to determine the same.
6.26. Transaction History.
You can access your transaction history at any time through your account settings. This history may include the ability to track fees and reserves, as well as otherwise obtain statistical data and performance reports for your SMB. While we strive to keep all such information complete, timely, and accurate, we do not guarantee that the entire transaction history will be error-free. It is recommended that you keep your own transaction history and financial information and verify them with your corporate accountant. By using the ANNA program and ANNA website, you acknowledge that you rely on any such information provided by ANNA at your own risk. ANNA is not responsible for inaccurate or incomplete information.
Part VII – Intellectual Property; Confidentiality.
7.1 Intellectual Property Rights.
This Agreement for access to and use of Services, and these Terms of Service, do not grant you a license to any software or intellectual property. Services are protected by U.S. and Ukrainian laws, and where applicable, international intellectual property laws. Services belong to us and are the property of us or our licensors (if any). We retain all proprietary rights to Services. Additionally, all materials displayed or transmitted in Services, including but not limited to text, photographs, images, illustrations, video clips, audio recordings, and graphics (hereinafter "Materials"), belong to us and are protected by Ukrainian and international copyright, trademark, service mark, and other property rights, laws, and treaties. Except as expressly provided, you do not have the right to copy, reproduce, publish, transmit, transfer, sell, lease, modify, create derivative works, distribute, republish, perform, display, or otherwise commercially use the Materials transmitted in Services or violate any copyrights or other intellectual property rights contained in the Materials. You do not have the right to remove or alter, or induce others to remove or alter, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. You may make a single printed copy of any Materials provided by us in Services solely for your personal, non-commercial use, provided that you do not remove or induce the removal of any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. You do not have the right to archive or store any Materials accessed through these Services without our express written permission. All requests for archiving, republication, or storage of any part of the Materials must be sent to us in writing and must clearly state the purpose and manner of use of the Material. Requests for permission to archive, store, or republish any part of the Materials can be sent to office@incomm.space. You do not receive any rights or licenses to the Materials other than the limited rights to use the Services as specified in these Terms of Service. Any Materials accessible or downloaded from this site must be accessed or downloaded in accordance with the Terms of Service outlined in this Agreement. We reserve any rights not expressly granted by these Terms of Service.
7.2 Feedback.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback (collectively referred to as "Feedback"). If you provide such Feedback, you grant us the exclusive ownership right, including, without limitation, the right for us or any third party we designate to use, copy, transmit, extract, publish, distribute, publicly display, publicly perform, create derivative works, host, index, cache, tag, encode, modify, and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcasting, mobile, digital, sketches, scans, or other technologies) in any form or medium known now or developed later. All such Feedback is considered non-confidential. If it is determined that you retain moral rights (including rights of attribution or integrity) in the content you submit, you declare that (a) you do not require the use of any personal information in connection with the content or any derivative works or updates; (b) you do not object to the publication, use, modification, deletion, and use of the content by us or our licensees, successors, and assigns; (c) you forever waive any moral rights to the content and agree not to demand or assert any moral rights; and (d) you forever release us and our licensees, successors, and assigns from any claims that you may otherwise assert against us on the basis of any such moral rights. You also permit any other User to access, view, store, or reproduce the content for personal use by that User. Notwithstanding the above, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, or suggestions concerning ANNA or its initiatives (hereinafter "Ideas"). Regarding your Ideas, you acknowledge that: (a) we receive numerous submissions from many parties, and/or may be developing or have developed ideas similar to your Ideas, and that our review of your Ideas is not an acknowledgment of novelty, priority, or originality; and (b) use by us of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently developed or considered by us, shall not obligate us to you.
7.3 User Licensing.
You agree to grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use copyright, publicity, and database rights (but no other rights) that you have on any content contained in any listing, service, or profile. You agree to allow ANNA to store or reformat your content and display it in any way at our discretion. ANNA will use personal information only in accordance with our Privacy Policy.
7.4 Customer Confidential Information.
In the course of a transaction conducted through the ANNA program, small and medium-sized businesses may obtain personal information from the customer/user, including payment information, phone number, and email address. The exact extent of personal information collected by ANNA is described in our Privacy Policy. This personal information will only be used for this transaction or ANNA-related communication and will be kept in strict confidentiality according to our Privacy Policy. To learn more about how ANNA stores, processes, and for what purposes it uses personal information, please refer to our Privacy Policy. We have not granted you a license to use information for unsolicited commercial messages. Without limitation to the foregoing, without the explicit consent of the customer, small and medium-sized businesses are not licensed to add any customer to an email or physical mailing list. For additional information, review our Privacy Policy. This provision does not apply to cases where the small and medium-sized business adds its own customers to the Mobile App or otherwise obtains customer consent for communication with that specific customer for purposes unrelated to the transaction and ANNA communication.
7.5. ANNA Program License.
In accordance with the terms and conditions of this Agreement, ANNA grants the User a non-exclusive license, without the right to transfer and revoke, to use the ANNA Program solely in the form of object code on compatible User devices, including, but not limited to, mobile devices, exclusively to support the User's permitted use of the Services.
7.6. DCMA Notice of Violation.
If you believe that any Services violate your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is provided below in this Section 7.6. To enable us to take action, your notice must: (a) provide your physical or electronic signature; (b) identify the work protected by copyright for which you believe rights are being violated; (c) identify the material that you believe violates the rights of your work, and provide sufficient information about its location for us to locate it; (d) provide us with a way to contact you, such as your address, phone number, or email; (e) state that you genuinely believe that the material you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and (f) state that the information you provide in your notice is accurate, and that, under penalty of perjury, you are authorized to act on behalf of the copyright owner whose rights are being violated. Here is the contact information for our copyright agent: Copyright Protection Incomm-space Corp. USA PLEASE NOTE: We cannot take action until you provide us with all the necessary information.
Part VIII – Third-Party Advertising, Promotions, Platforms, and Links.
8.1. Third-Party Advertising and Promotions.
We may, from time to time, run advertisements and promotional activities from third parties in the Services. Your agreements or correspondence with other advertisers, as well as any terms, conditions, warranties, or representations related to such agreements or participation in promotions of other advertisers, are solely between you and such third party. We are not responsible for any losses or damages of any kind resulting from any such agreements or the presence of third-party advertisers in the Services.
8.2. Use of Third-Party Tools and Platforms.
We may provide you with access to third-party developer tools and integrations with third-party platforms that we do not control, have no control over, or participate in. Information is transmitted to third parties as indicated in our Privacy Policy. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any damages arising out of or related to your use of additional third-party tools and third-party platforms.
Any use by you of additional tools offered through the Services is solely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms on which tools are provided by respective third-party providers.
In the future, we may also offer new services and/or features through the Services, including but not limited to the release of new tools. Such new features and/or services are also governed by these Terms of Use.
8.3. Third-Party Links.
Certain content, products, and services available through our Services may include materials from third parties.
Third-party links in the Services may direct you to third-party websites and/or services that are not affiliated with us. We do not undertake to review or assess the content or accuracy, and we do not guarantee and are not liable for any third-party materials or websites and/or services, or for any other materials, products, or services of third parties.
We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party you connect with through the Services. Please carefully review the policy and practices of third parties and ensure that you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to third parties.
Part IX: Disclaimer; Limitation of Liability; Indemnification
9.1. Disclaimer of Warranty; Limitation of Liability.
You agree that you use the Services at your own risk. Neither we, nor our affiliates, nor any respective employees, agents, third-party content providers, or licensors make any guarantees that the use of the Services will be uninterrupted or error-free. We also make no warranties regarding the results that may be obtained from the use of the Services or the accuracy, reliability, or content of any provided information.
Any software, products, or other materials that can be downloaded, without limitation, are provided on an "as-is" basis without any warranties, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty arising out of a course of dealing, performance, or trade usage, except for warranties that cannot be disclaimed, limited, or changed under applicable laws. ANNA does not guarantee that your use of the Services will be uninterrupted or error-free, that ANNA will review the information or materials available through the Services for accuracy, or that it will preserve or maintain any such information or materials without loss. ANNA shall not be liable for delays, disruptions, service failures, or other issues related to the use of the Internet and electronic communications or other systems beyond ANNA's control. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other legal rights, but the duration of any legally required warranties, if any, shall be limited to the maximum extent permitted by law.
Despite the information and materials provided through the Services being considered reliable, we make no representations, either directly or indirectly, regarding the accuracy, completeness, timeliness, or reliability of the Services.
To the extent permitted by law, we, our employees, subsidiaries, parent companies, agents, partners, third-party content providers, affiliates, suppliers, and/or our or their respective directors and officers shall not be liable for any injuries, losses, claims, or direct damages, or any special, exemplary, punitive, incidental, or indirect damages of any kind, whether based in contract, tort, or otherwise, including, but not limited to, loss of profit, bodily injury, or death, property damage, reputation damage, or loss of information or data, even if the possibility of such damages has been notified, arising from (1) this Agreement, (2) any use of the Services, in any way connected with or related to it, or (3) any failure or delay (including, but not limited to, the use or inability to use any component of booking services or payment services), or (4) your visit to any small or medium-sized business or productivity, non-performance, conduct, or policy of any small or medium-sized business or Customer in connection with the Services. Additionally, you clearly understand and agree that any third party recommending you to the ANNA website through referral, link, or any other means shall not be responsible to the user for any reason, including, but not limited to, damages or losses related to the use of the Services. ANNA is neither an agent nor otherwise affiliated with any small and medium-sized business for which a Customer has made a reservation or paid a bill using Payment Services.
We disclaim any liability of any kind for any unauthorized access or use of your personal information. By using the Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or otherwise use the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain Users.
The above limitations remain in force after these Terms and are for the benefit of both us and our affiliates, as well as their respective directors, officers, employees, and agents. You and ANNA understand and agree that the disclaimers, exclusions, and limitations in this Section 9.1 are essential elements of this Agreement and that they represent a reasonable allocation of risks. In particular, you understand that ANNA would not be able to provide you with the Services except on these terms, and you agree that this Agreement will remain in effect and be enforceable even if any limited remedy specified in this Agreement does not reach its essential purpose.
9.2. Indemnification.
You agree to defend, indemnify, and hold us, as well as our affiliates, and respective directors, officers, employees, and agents harmless from and against all claims, lawsuits, and expenses, including attorney's fees, arising out of or related to your (a) use of the ANNA website and/or ANNA mobile application; (b) breach or violation of this agreement by you; (c) use of third-party services, platforms, products, links, advertisements, and/or tools by you; (d) your violation of any third-party rights, including intellectual property rights of third parties in submissions and feedback; (e) unauthorized use of the Services by any other person using your information; (f) your non-compliance with network rules or pci-dss security standards, including compromising any payment information.
9.3. Release of Liability.
You understand that small and medium-sized businesses and customers are solely responsible for their interactions with each other and any claims, injuries, illnesses, damages, liabilities, and expenses ("Claims") incurred by you or your small and medium-sized business representative as a result of your (or a similar recipient's) interaction with a User or visit to any SMB or any product or service of an SMB. Hereby, you release ANNA from any such Claims. In connection with the foregoing, if you are a resident of California, you hereby waive Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor." You expressly waive and relinquish all rights and benefits under this section and any law of any jurisdiction of similar effect concerning release of unknown or unsuspected claims that you may have against ANNA relating to the subject of this Section 9.3.
Part X – Applicable Law; Arbitration Agreement and Waiver of Jury Trial, Class Action Waiver, and Forum Selection.
10.1. Governing Law.
This Agreement is entered into, governed by, and construed in accordance with the laws of the state of Delaware for those Users entering into this Agreement with ANNA, without giving effect to any principles that may require the application of the laws of another jurisdiction.
10.2. Arbitration.
Any disputes, controversies, claims, issues, demands, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the disputes, controversies, claims, issues, demands, or causes of action) between you and ANNA or its successors or assigns shall be settled exclusively by mandatory and confidential arbitration.
The arbitration shall be governed by the UNCITRAL Arbitration Rules, not any state arbitration laws. The arbitration shall be conducted by a single commercial arbitrator with significant experience in resolving disputes arising from commercial contracts under UNCITRAL. Subject to modifications made by this Agreement, and unless otherwise agreed by the parties in writing, the arbitration will be governed by the UNCITRAL Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes (together, the "Rules and Procedures''). Therefore, you waive your right to go to court to assert or defend your rights, except for matters that you file in small claims court. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules applicable in court. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. You and ANNA must abide by the following rules: (1) any claims brought by you or ANNA must be brought in the party's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of court, ANNA will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, (4) ANNA also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator must honor the requirements of privileges and privacy recognized by law; (6) the arbitration must be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each party pays their own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, you or ANNA may bring an individual action in small claims court. Additionally, claims pertaining to defamation, violation of the Computer Fraud and Abuse Act, as well as infringement or misappropriation of another party's patent, copyright, trademark, or trade secret are not subject to this arbitration agreement. Such lawsuits shall be filed exclusively in the state or federal courts located in New York, New York. Furthermore, despite this arbitration agreement, either party may seek relief in the state or federal courts located in New York to maintain the status quo pending arbitration and hereby agrees to submit to the exclusive personal jurisdiction of the courts located in New York, New York for such purpose. The request for provisional remedies shall not be deemed a waiver of the right to arbitration.
Except for subparts (1) and (2) of this Section (which prohibit arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, void, illegal, or otherwise unenforceable under the Rules and Procedures, then the remainder of this arbitration provision shall remain in effect and be interpreted in accordance with its terms as if the invalid, void, illegal, or unenforceable part were not contained herein. However, if either subpart (1) or (2) is found to be invalid, void, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ANNA shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York, New York.
Section XI – Miscellaneous.
11.1. Customer Service.
If you have any questions, comments, or concerns regarding the Services, you can contact customer support at any time by calling +1 (302) 303-4616 or by email at office@incomm.space.
11.2. Disclosure of Affiliated Information.
We may have affiliated relationships with third parties and affiliated entities whose products and/or services we associate with and promote through the Services. Through this association, we may receive commissions for products purchased by the User from third-party affiliates or partners.
11.3. Authority.
Each Party represents and warrants to the other that it has all the authority and powers to enter into this Agreement, and that it is binding upon such Party and enforceable in accordance with its terms.
11.4. Waiver.
Any waiver of any rights under these Terms becomes effective only if agreed upon or declared in writing. Delay in exercising a right or failure to exercise a right does not constitute a waiver and does not prevent a Party from exercising that right in the future. The rights and remedies provided herein are cumulative and do not exclude any rights and remedies provided by law.
11.5. Force Majeure.
We shall not be obligated to fulfill any commitments if prevented from doing so by force majeure circumstances, including, but not limited to, actions taken or imposed by any government or governmental authority, or in the event of any other circumstances beyond our control, including, but not limited to, natural disasters (such as storms, hurricanes, fires, floods, earthquakes), war, civil unrest, terrorist activities, state of emergency, government sanctions, embargoes, nationalization, strikes, and failures in public services (such as electricity or telecommunication services). We will make all reasonable efforts to inform you of the circumstances causing the delay and to resume performance, both as soon as possible, without undue delay.
11.6. Assignment.
This Agreement and the rights and obligations granted hereunder may not be assigned, transferred, or delegated by the User in any manner but may be freely assigned, transferred, or delegated by ANNA.
11.7. Rights of Third Parties.
These Terms do not confer any rights on any third party unless expressly stated otherwise herein.
11.8. Relationship of the Parties.
Under these Terms, the parties are independent contractors, and nothing herein should be construed as creating a partnership, joint venture, or agency relationship between them. Neither party has the authority to make any representations on behalf of the other party or any third party who may have rights under these Terms.
11.9. Severability.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and the rest of this Agreement shall continue to be in force.
11.10. Notices.
Unless otherwise expressly indicated, any notices are sent by email to office@incomm.space, and in the case of any User, to the email address you provide to us during registration or when updating your email address. Notice is deemed given twenty-four (24) hours after sending an email unless the sending party receives notice that the email address is invalid. Additionally, we may send you notices by certified mail with prepaid postage and a request for acknowledgment to the address provided during Account registration. In such a case, notice is deemed given three (3) calendar days after the date of mailing.
11.11. Effective Date.
From time to time, we may update these Terms of Use by posting update notices on the website, sending notifications to registered users of our ANNA program, and/or contacting you via the email address you provided during registration. Therefore, we advise you to check them frequently.
Last updated: January 01, 2024.