11:30 AM EDT
Imagicle Legal Terms.
Cloud Services Terms of use
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 UC 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 UC Suite to be consumed as a service through the Imagicle Cloud.
Activating your Imagicle UC Suite online, you are making your UC Suite Cloud Connected.
So your UC 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 UC Suite, while activating licenses online, through a secure data channel established with: https://*.imagicle.com
The UC 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 UC 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 UC 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 UC 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 UC Suite associated to the specific customer, not related to their users, so no privacy implications.
The UC 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 UC 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 UC 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 UC Suite server needs connectivity to such public link
- via proxy, so no need for the UC Suite to have direct connectivity to the public link
By activating licenses online, the Imagicle UC 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 UC 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* |
UC Suite | UC Suite Info | – UC Suite Version – UC Suite Platform – Installation Path – Installation Folder size |
UC Suite | UC Suite Cluster info | – UC Suite nodes list – Database replication strategy |
UC Suite | VOIP architecture | – CUCM version – number of CUCM users – number of CUCM devices – CUCM IP address |
UC Suite | Database Server | – SQL Server edition – SQL Server version – Instance name |
UC Suite | UC Suite Database | – Database name – Database size – Database file paths – Authentication type (SQL/Windows) – Full Text Catalog status – Last maintenance date time |
UC Suite | Logging Configuration | – whether logging enabled or not – retention |
UC Suite | Attendant Console | – number of connected Attendant Console per type |
UC Suite | Call Recording | – number of calls being recorded |
UC Suite | IVR | – number of active calls |
UC Suite | ACD | – number of queued calls in FIFO queues – number of queued calls in CampOn queues – number of active consultation calls |
UC Suite | Digital Fax | – number of fax being transmitted – number of fax being received |
UC Suite | Phone Lock | – ECC-Curri Request rate |
UC Suite | Contact Manager | – ECC-Curri Request rate |
* The IP Address sent is the UC 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.