Imagicle Legal Terms.

PLEASE READ THESE TERMS OF USE BEFORE USING THE IMAGICLE CLOUD CONNECTED SERVICES DEFINED HERE UNDER. THESE TERMS ARE BETWEEN THE CUSTOMER (“YOU”) AND IMAGICLE. BY USING THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE.

General

Your Imagicle UCX Suite, deployed at your premises or hosted in an external DataCenter, can also consume exclusive Imagicle services if Cloud Connected to the Imagicle Cloud.

The Cloud services covered by these Terms of Use include the Imagicle Cloud Licensing service and the Imagicle Telemetry service for Proactive Support and the Imagicle Presence Service.

Cloud Licensing service

Imagicle Cloud Licensing is the Cloud service allowing licenses of the Imagicle UCX Suite to be consumed as a service through the Imagicle Cloud.

Activating your Imagicle UCX Suite online, you are making your UCX Suite Cloud Connected.
So your UCX Suite will be able to consume both perpetual licenses and subscriptions through the Imagicle Cloud Licensing service and also the other Cloud Connected services listed in this doc.

The connection to the Imagicle Cloud is established by the Imagicle UCX Suite, while activating licenses online, through a secure data channel established with: https://*.imagicle.com

The UCX Suite periodically polls the Imagicle Cloud for a license update request, for you to always have:

• updated capacity of your applications
• updated term date of your Care or Subscription

The UCX Suite is NOT sending any Personally Identifiable Information (PII) to the Imagicle Cloud, so no impact on your data privacy by connecting online the Imagicle UCX Suite to the Imagicle Cloud Licensing service.

Through the Cloud Licensing online web portal, you (or Reseller on your behalf) can manage the purchased application licenses available on your Smart Account, where they are deposited by Imagicle after processing the purchase order.

Telemetry service

Imagicle Telemetry service is the Cloud service allowing the Imagicle UCX Suite to send anonymous data related to the use of the products, anomalies and technical problems to the Imagicle Cloud.

It works via the same secure channel established for Cloud Licensing.

Through the Telemetry the Imagicle Support team will receive data from the UCX Suite associated to the specific customer, not related to their users, so no privacy implications.
The UCX Suite is NOT sending any Personally Identifiable Information (PII) to the Imagicle Cloud, so no impact on your data privacy by connecting online the Imagicle UCX Suite to the Imagicle Cloud Licensing service.

Through this data the Imagicle Support team will be able to:

• grant a faster, smarter, and easier experience when using Imagicle products or when tech support service is needed for customers with Basic Care Contracts (Enhanced Support)
• prevent potentials malfunctioning even before they occur and be aware of several useful details whether a problem arises for customers with Gold and Platinum Contracts (Proactive Support)

The Imagicle Cloud Licensing is a prerequisite and the only requirement for the Telemetry, that is then enabled by default.
You (or Reseller on your behalf) can disable the Telemetry from the Cloud Licensing online web portal.
The list of data collected is available in these Terms of use.

Cloud Connection and Security

Selecting the Online (Cloud Connected) activation in the Imagicle UCX Suite, the server will try to reach out the following imagicle public secure links:
https://api.imagicle.com
https://grpc.imagicle.com

Access can be:

• direct, so the Imagicle UCX Suite server needs connectivity to such public link
• via proxy, so no need for the UCX Suite to have direct connectivity to the public link

By activating licenses online, the Imagicle UCX Suite will be Cloud Connected and you can consume all the imagicle Cloud Connected Services.

Datacenter

Imagicle Cloud Services are operated via AWS data centers based in Europe and in the US, with highest level of availability, security and reliability.

Access to the services

You (or Resellers on your behalf) can access the Cloud Services via the Online web portal. You need to get an account from Imagicle by signing up or when your Reseller is placing an order. The information about the account and relative associated licenses are kept in conformity with Imagicle’s Privacy Policy located at:
Privacy Policy – Imagicle

Warranties and limitations of liability

Imagicle undertakes to comply with high-quality standards in the Services to the Customer. Imagicle will not be responsible for interruptions, delays, and malfunctions in the provision of the Products/Services deriving from the Customer’s breaches or from the application of specific laws or regulations.

Moreover, Imagicle will not be responsible for, and no liability shall result to Imagicle for any damage, lost profits, losses or costs incurred which result from unforeseeable circumstances or force majeure without prejudice to the terms established by mandatory provisions of the law. In case of Imagicle ascertained responsibility, the Customer will be entitled to a refund as established in the EULA or the SPLA and, in any case, Imagicle liability for any part of the Software shall not exceed the license fees actually paid by the Customer for the purchase of the perpetual license or the subscription fee paid in the last 12 months.
The entity and payment method of any refund to the Customer will be established on a case-by-case basis.

Variations to terms and conditions

Imagicle may, at its sole discretion, modify these terms and conditions.
In case of variation, communication will be sent; in case of silent consent of the Customer following communication, the modifications will be considered implicitly accepted.

Governing law, compulsory arbitration, jurisdiction

Before requesting a court of law, Imagicle intends to resolve any dispute by Arbitration.
All contracts are stipulated by Imagicle Spa with registered office in Italy, and Italian law applies to them. For any dispute concerning the interpretation and execution of this Contract, if the arbitration has not been resolved and the court is appealed, the Italian courts will be appointed.

Miscellaneous

The Contract between Imagicle and the Customer will be binding on both Parties. Finally, the Contract, including the sections of which it is composed and which constitute an integral and substantial part of it, constitute all the terms and conditions agreed upon between the Customer and Imagicle and supersede any prior notes in relation to the subject matter of these Agreements, whether written or oral (e.g. telephone).

Contacts

For any questions or clarifications on Imagicle Terms, Licensing Agreements, Products, and Services, you can contact Imagicle at legal@imagicle.com.

Information collected by Telemetry Service

This is the list of info the Imagicle UCX Suite server is sending out to the Imagicle Cloud for the Telemetry Service:
 

Beat	Category	Information sent to the cloud
Processes	Running Processes	List of running processes along with process details such as: – Process ID and name – used memory – handle count – thread count – cpu usage
Processes	Windows Services	List of running Windows Services with details such as: – Process ID and name – status
Software Info	Installed applications	List of installed applications, with details such as: – name – version – vendor – installation path – installation datae
Software Info	General Operating System info	– Windows edition name  – Windows version – Windows Language – System drive and directory
Software Info	Windows Services information	List of installed Windows Services with details such as: – Service Name – Startup mode – Startup Identity – Exe Path
Software Info	Installed Windows Updates	List of installed Windows hotfix packages
Software Info	Windows Firewall	Whether enable or not at – Domain level – Public level – Private level
Hardware Info	Virtualization Info	Whether it is a virtual machine or not
Hardware Info	Processors Info	List of installed processors with details such as: – name – manufacturer – bitness – number of cores
Hardware Info	Memory	– Total installed memory – Reserved memory
Hardware Info	Disks	List of installed disks with details such as: – size – model
Hardware Info	Network	List of installed networks adapters on the SERVER with details: – adapter name – DHCP configuration – DNS servers – Gateways – IP Addresses*
UCX Suite	UCX Suite Info	– UCX Suite Version – UCX Suite Platform – Installation Path – Installation Folder size
UCX Suite	UCX Suite Cluster info	– UCX Suite nodes list – Database replication strategy
UCX Suite	VOIP architecture	– CUCM version – number of CUCM users  – number of CUCM devices  – CUCM IP address
UCX Suite	Database Server	– SQL Server edition – SQL Server version – Instance name
UCX Suite	UCX Suite Database	– Database name – Database size – Database file paths – Authentication type (SQL/Windows) – Full Text Catalog status – Last maintenance date time
UCX Suite	Logging Configuration	– whether logging enabled or not – retention
UCX Suite	Attendant Console	– number of connected Attendant Console per type
UCX Suite	Call Recording	– number of calls being recorded
UCX Suite	IVR	– number of active calls
UCX Suite	ACD	– number of queued calls in FIFO queues – number of queued calls in CampOn queues – number of active consultation calls
UCX Suite	Digital Fax	– number of fax being transmitted – number of fax being received
UCX Suite	Phone Lock	– ECC-Curri Request rate
UCX Suite	Contact Manager	– ECC-Curri Request rate

* The IP Address sent is the UCX Suite server address, so not a personal PC one, meaning NOT a personal data for privacy. There is no way to identify a user through within such server IP address.