1. Welcome to Incogniton!

This page is dedicated to our terms of use. When you use Incogniton, all the rules on this page become binding on you. There is a need to express some of them in legal language. However, we’ve made a great deal of effort to simplify everything as much as possible. This explains why we have brief summaries in the blue boxes below. It is important to note that the summaries are by no means part of the official legal terms.

Welcome to Incogniton. When you use this website (the “Site”), Incogniton desktop application (“the Application”), both together with the Site call the “Services”  provided by WorkingGreen B.V. together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Incogniton,” “we,” or “us”), you automatically agree to these legally binding rules (the “Terms”). Likewise, you automatically agree to our Payment Verification Policy, Cookie Policy, Privacy Policy, and agree that you are responsible for compliance with any applicable local laws.

We may modify these terms whenever the need arises. If we do, we are going to notify you about any material that has been changed, either through our site or via the email address you provided to us. New versions of the terms will not be applied retroactively — we’ will inform you the exact date they start taking effect. Your continued use of Incogniton after the introduction of new terms implies that you agree to the new terms.

2. Creating an Account

To create an Incogniton account, you must be 18 years or above. You have total responsibility for your account and all activities that take place on it.

It is possible for you to browse the Incogniton website without having an account.  However, if you want to use the Application, you must register, choose an account name, and create a password. When you do that, you must ensure that the information you provide to us is accurate and complete. You must neither use invalid nor someone else’s email as this will make your account unsecure.

You have absolute responsibility for anything that happens on your account, and the confidentiality of your password. If you discover that an unauthorized person has used your account, do not hesitate to report at [email protected]

To create an account, you must not be less than 18 years old, that is, you must be old enough to enter into a binding contract wherever you reside.

3. Things You Must Avoid

This section deals with some of the things you already know you shouldn’t do — abuse people, break laws, hack other people’s computers, steal data,  disrupt the proper working of web services, and all that. Please avoid the aforementioned acts.

 Incogniton has thousands of users. It behooves all of them to be highly responsible in their activities so that the platform will continue to be a nice place.  Avoid any   disagreeable activity on the Incogniton Site and in the Services:

  • Do not break the law.  Stay away from any action that violates or infringes on the rights of others, or breaks the law, or default in any legal duty or contract that you entered into with anyone.
  • Do not spam. You must not share unauthorized or unsolicited promotional or advertising materials, junk mails, spams, or chain letters. You must not run listservs, mail lists, or any form of auto-responder or spam on or via the Incogniton website.
  • Do not harm the computers of others. You must refrain from transmitting software viruses, or other things (programs, films, codes) that are designed to disrupt the proper functioning of any hardware, software,  or equipment on the Incogniton website (no matter the source).

We also owe it a duty to ensure the security of our Site and the continued proper functioning of our systems. Therefore, you must stay away from acts that are capable of jeopardizing the integrity of our website.

  • Do not attempt to disrupt the proper functioning of the Services.
  • Do not bypass any security measures we’ve incorporated into the Site for the purpose of keeping the Services secured.
  • Do not attempt to damage or gain unauthorized access to any system, password, data, or other information, whether it belongs to Incogniton or another party.
  • Do not engage in any action that places an unreasonable load on our infrastructure or those of our third-party providers. (We  have the sole right to determine what is reasonable, establish contact with us at [email protected] if unsure)
  • Do not use any form of software or device (automated or manual) to “spider” or “crawl” any part of the Site.
  • Do not reverse engineer any aspect of the Services with a view to accessing things like source code, algorithms, or underlying ideas.

4.  Things We Don’t Do  and Not  Accountable For

We do not oversee what the users are using the Services for.

Incogniton is not liable for any losses or damages related to your use of the Services. We do not get involved in disputes between users or between users and any third party arising from the use of the Services. You are absolutely responsible for anything that happens when you use the Services; Incogniton is not liable for damages, claims, and demands of any kind —suspected or unsuspected, known or unknown, disclosed or undisclosed — arising from or in any way related to such disputes and the Services.  Every content you access through the Services is at your own risk. You’re absolutely responsible for any damage or loss that occurs to any party.

5. Subscription

The subscription plans of Incogniton are of two types: free and paid. In the free subscription plan,  the available features, usage volume and quality of customer support are limited while the paid plans have unlimited benefits.

The free and paid Incogniton subscription plans incorporate features, which are described on the Pricing page. No payment method is associated with the free subscription plan and you can use it for as long as you want.
You can order a paid subscription by simply having your free account upgraded.  Then, all the limitations will be lifted in line with the features table available on the Pricing page.
There will be an auto-renewal of your paid subscription at the end of every billing cycle if you have not canceled the auto-renewal feature by contacting our customer support team or through your online account management page.

6. Payments

You can pay for Incogniton services through PayPal Pre-approved payment, Credit card payment (American Express, MasterCard, Visa) and Bitcoin payment. Users of each payment method will find their own specific terms in this section.

6.1. PayPal Pre-Approved payments

When you provide an advance Authorization for Pre-approved Payments, you  make it possible for Incogniton  to collect or reverse variable or fixed amount payments from your PayPal account on a one-time basis, or on a periodically  or sporadically  recurring basis (as  indicated in the applicable billing agreement, that is, the document  which you agree to  while giving the Authorization) until you  terminate your Authorization or underlying arrangement you make with  a third party.

In the event that your Pre-approved Payment requires a currency conversion by PayPal, the amount payable as a fee for the Currency Conversion will be determined at the time the appropriate third party processes your payment and successfully completes the transaction. You know full well that the exchange rate determined at the time of each payment transaction may differ and you agree that the future execution of Pre-approved Payments should be based on varying exchange rates.

Incogniton will notify you before making any adjustments to your account.

There may be changes in the billed amount due to service level downgrade, upgrade, or purchase of additional paid services. All the above-mentioned operations are carried out solely through the billing panel of the user and clearly marked as paid services. Incogniton will seek your consent before making any changes to the billed amount. You are going to receive email notifications regarding both one-time purchases and changes to recurring billed amounts.

6.2. PayPal currency conversion

You  can Send Money in Canadian Dollars, U.S. Dollars, Pounds Sterling, Euros, Yen, Australian Dollars, Czech Koruna,Brazilian Real, Danish Krone, Hungarian Forint, Hong Kong Dollar, Mexican Peso, Israeli New Shekels, New Zealand Dollar, Philippine Peso, Norwegian Krone, Polish Zloty, Swedish Krona, Singapore Dollar, Swiss Franc, Taiwan New Dollar and Thai Baht. There may be some restrictions regarding where you can send certain currencies.

When you send money for an individual to receive in a currency, which is different from the primary currency of your PayPal account,  the currency conversion rules of PayPal will apply.

7. Cancelation of Paid subscription

You can cancel the auto-renewal of your paid subscription any time you wish.

Although it is very painful for us to see you go, you may terminate auto-renewal of your paid subscription any time you wish.  It is important to note that your paid subscription is going to continue until the end of that billing cycle before termination. It is possible for you to cancel auto-renewal of your subscription as soon as the subscription starts if you don’t want an auto-renewal of your subscription.

When you have terminated any paid subscription plan, your account will be taken back to the Free subscription plan. All your data will be preserved, but you can only use Incogniton with the limitations of the Free subscription plan.

7.1. Canceling PayPal Pre-approved Payments.

You will be able to cancel a Pre-approved Payment any time you wish by asking for a service cancelation through the user billing panel on your profile or by sending a cancellation note directly to Incogniton customer support email.

It is also possible for you to cancel a Pre-approved Payment in your PayPal account at any time at least 1 Business Day before the date the payment is to be made.  To cancel a Pre-approved Payment, log in to your account,  access the “Settings” tab, then, in the “Payment settings” section,  click on “Preapproved Payments” and follow the instructions for the cancellation of payment. However, if you cancel a Pre-approved Payment, you may still be liable to Incogniton for the payment and be asked to pay us using alternative means.

8. Refunds

You have 30 days within which to change your mind or get a refund.  However, you should remember to ask for a refund from the customer service. Opening PayPal disputes or making chargebacks is impolite and will lead to the banning of your account.

If you use our product fairly but it does not solve your problem, we are going to refund your money. This money-back guarantee is only valid for 30 days from the day of the purchase.

After you have been given a refund, your paid subscription will be cancelled and your account will be downgraded to the plan that requires no payment. Your data is going to be preserved, however, you can only use Incogniton with limitations associated with the free subscription plan.

8.1. Refunding a Pre-approved PayPal payment

You  can only request a refund from us or PayPal for a Pre-approved Payment if:

  1. The Authorization was silent about the actual amount of the payment transaction  at the time the Authorization was given and the applicable amount was more than the amount you could have reasonably been expected to pay, considering your  past spending patterns and the circumstances of the case;
  2. You did not explicitly give your consent to the making of the Incogniton initiated payment;
  3. You were not duly informed about  the Incogniton initiated payment;  a notice of about 4 weeks was not given prior to the date the payment transaction was made to the merchant;

9. Deleting Your Account

You can have your account deleted at any time. If you delete your account, your data will be deleted automatically.

All provisions of this agreement continue to have effect after the termination of your account. All data created within your account, such as sessions, their parameters, opened tabs and software configuration parameters will cease to exist.

10. Other Websites

If you click a link to another website, you will have absolute responsibility for anything that happens there,  we shall not be dragged into it.

It is possible for Incogniton to have links to other websites, for example, blog pages,  user comments, and documentation. Incogniton neither controls nor endorses third-party websites. When you access those sites, you do so at your own peril.

Incogniton collaborates with other companies like PayPal for the purpose of processing payments. When you pay for a subscription, you automatically agree to the terms of service of the payment processor.

11. Our Rights

To operate without let or hindrance, there is a need for us to be able to exercise control over anything that happens on our website. So in this regard, we have the absolute right to make decisions regarding the protection of the health and integrity of our website. We don’t handle these powers with levity, and we only use them when it is imperative to do so.

Incogniton reserves  the following rights:

We can make necessary adjustments to the Incogniton Site & Services without notice or liability.

We have the sole right to decide on people who can use Incogniton. We have the right to cancel accounts or turn down requests to use our Services,especially if it has been established that you are abusing them. Any time we deem it fit, we can change our eligibility criteria.  If our terms are forbidden by law where you reside, then you are not eligible to use Incogniton in that jurisdiction.

Incogniton cannot be held responsible for any damages arising from your ineligibility to use its services in your jurisdiction, and we have the right no to make any comment regarding it.

12. Dispute Resolution and Governing Law

We’re located in Amsterdam, the Netherlands.  Therefore, any disputes with us must be handled in Amsterdam under the law of the Netherlands.

We at Incogniton  will be very glad if you contact us for an issue,  it is only when we cannot resolve the issue that you should seek legal resolution. In the  event that there is a legal action against us, these Terms (including all other rules, guidelines, or policies incorporated by reference) are going to be governed by and construed in  line with the laws of the Netherlands, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Incogniton and its Services are deemed a passive website and its application does not give rise to jurisdiction over Incogniton or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the the Netherlands. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Incogniton, shall be filed only in the state courts located in Amsterdam, the Netherlands, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

13. The Rest

These are our official terms and our rules regarding how things work.  Therefore, if you come across any ambiguous or conflicting information about our operations, simply check these terms — they’re the last word.  We greatly appreciate you for reading them, and for using Incogniton!

These Terms and the other material referenced in them represent the entire agreement between you and Incogniton with respect to the Services. They take precedence on all other communications and proposals (whether oral, written, or electronic) between you and Incogniton with respect to the Services and govern our future relationship.  In case you find any provision of these Terms to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Incogniton to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them without the prior written content of Incogniton. Incogniton has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Incogniton will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

FIN

These updated terms went into effect on December 1st, 2019, and apply to all actions performed on Incogniton website and within its Services since then.