Call Experts Privacy Policy, AI Deployment Overview, and Terms and Conditions
Privacy, Data, Terms, and AI Process Documentation
Effective Date: November 21, 2024
Introduction
This Privacy Policy, AI Deployment, and Terms outline how Call Experts and any 3rd party developers collect, use, disclose, and safeguard your information when you use our services and deploy our AI voice attendant platform.
Information We Collect
Personal Data:
We may collect personally identifiable information (“Personal Data”) that you voluntarily provide when registering or interacting with our services. This includes:
- Email Address
- First Name and Last Name
- Usage Data (e.g., IP address, browser type, pages visited, unique device identifiers)
- Audio recordings of customer interactions with AI agents (for quality assurance).
- Sensitive data (e.g., specific client preferences or needs communicated during interactions).
Cookies and Tracking Technologies:
We use cookies and similar technologies to track activity on our service and improve user experience.
How We Use Your Information
We use the collected data for various purposes:
- To provide, maintain, and improve our services.
- To monitor and evaluate the performance of AI agents for quality assurance.
- For marketing and analytics purposes to improve service offerings.
- To prevent fraud, ensure compliance with regulations, and enhance security.
- To notify clients about changes or updates to our services.
Disclosure of Data
Call Experts shares data with trusted third-party service providers solely to deliver, maintain, and improve our services. We do not sell personal information or facilitate third-party tracking for targeted advertising.
Key Data-Sharing Partners:
- AWS: Provides secure cloud storage and hosting services.
- Google Workspace: Manages email communications and document storage.
- Twilio: Facilitates telecommunication services such as call handling and SMS capabilities.
- Proprietary White-Labeled Platform: Supports conversational AI services with HIPAA, SOC 2, and GDPR compliance certifications.
Categories of Data Disclosed:
- Identifiers (e.g., names, email addresses, and phone numbers) for service facilitation.
- Audio recordings (used internally for quality assurance and improvement).
- Usage data (e.g., IP addresses, timestamps) for system monitoring and diagnostics.
Purpose of Data Sharing:
- To enable core service functionality.
- To maintain and enhance service quality.
- To comply with legal or regulatory requirements.
Retention and Deletion of Data
Call Experts retains data only for as long as necessary to fulfill the purposes outlined in this policy and to comply with legal obligations. Retention periods are as follows:
- Personal data: Retained during the client relationship and deleted within 90 days after termination of services.
- Audio recordings: Retained for 12 months for quality assurance, unless deletion is requested sooner.
- Usage data: Retained for analytics and troubleshooting for up to 18 months.
Deletion Requests:
Clients can request deletion of their data by contacting us at info@callexperts.com or calling 1-843-724-0000.
Legal Compliance and Consumer Rights
We adhere to U.S. state privacy laws and federal regulations.
Your Rights Include:
- Access: Request a copy of your data.
- Correction: Update or correct inaccuracies in your data.
- Deletion: Request the deletion of your data.
- Opt-Out: Decline certain data uses, such as marketing communications.
Mechanisms to Exercise Rights:
Clients can exercise these rights by contacting us via:
- Email: info@callexperts.com
- Phone: 1-843-724-0000
Requests will be addressed within 30 days unless an extension is necessary.
Security Practices
We implement “reasonable security measures” to protect your data while acknowledging inherent risks.
Security Measures Include:
- Third-Party Security Services: AWS and OpenAI partners ensure secure storage and hosting.
- Internal Practices: Endpoint security, regular internal audits, and continuous monitoring.
- Encryption: Data is encrypted both in transit and at rest.
- Access Controls: Strict access protocols to safeguard sensitive data.
Use of Cookies and Tracking
We use cookies to enhance user experience and gather analytics.
Opt-Out Mechanisms:
- Clients can manage cookie preferences through their browser settings or visit www.youradchoices.com for additional options.
- To disable cookies for analytics, install the Google Analytics opt-out browser add-on.
Data Sales or Sharing
Call Experts and any 3rd party developers do not sell personal information or share data for cross-context behavioral advertising. Data is used exclusively to deliver services to our clients.
Accessibility and Updates
We are committed to ensuring this policy is accessible to all users, including those with disabilities. Clients can request this Privacy Policy in alternative formats by contacting info@callexperts.com.
Policy Updates:
Changes to this Privacy Policy will be communicated via email and published on our website with an updated effective date.
State and International Laws
We and our developers comply with state-specific laws, including those in California, Colorado, and Virginia.
Opt-Out Preference Signals:
We recognize the Global Privacy Control (GPC) signal for California and Colorado residents. Clients can set opt-out preferences via supported browsers.
GDPR Compliance:
For EEA residents, we honor GDPR rights for access, correction, deletion, and portability of data.
AI Agent Privacy and Security
We recognize that our AI agents play a central role in delivering exceptional service to our clients. To ensure the privacy and security of data managed through these systems, we implement the following measures:
Secure Logging of Interactions
All interactions with AI agents are securely logged and stored using encrypted systems that meet or exceed HIPAA, SOC 2, and GDPR standards. These logs are protected from unauthorized access and are retained only for as long as necessary to fulfill operational, compliance, or legal requirements.
Periodic Transcript Reviews
To maintain the highest standards of quality assurance and regulatory compliance, AI interaction transcripts are reviewed periodically. These reviews are conducted by trained personnel who operate under strict confidentiality agreements and are subject to regular audits to ensure adherence to privacy policies.
Note: Interactions with AI-voice agents do not contribute to the training of any Large Language Models (LLMs).
Access Controls and Monitoring
Access to AI agent logs and transcripts is strictly limited to authorized personnel with a legitimate business purpose. All access is monitored and logged, with regular audits conducted to identify and address any unauthorized activity.
Client Transparency
We believe in fostering transparency with our clients. We provide clients with access to interaction logs, summaries, and performance reports. This enables clients to evaluate the compliance and efficacy of AI systems independently.
Customizable Data Handling
We offer customization of data handling processes to align with the specific regulatory, operational, and privacy requirements of each client. This flexibility ensures that our AI agents operate seamlessly within diverse compliance frameworks.
Integration of Privacy by Design
Privacy and security considerations are integrated into the design and development of AI agents. By embedding these principles into every stage of our processes, we ensure that privacy is not an afterthought but a fundamental feature of our services.
Large Language Model (LLM) Security
We utilize OpenAI’s ChatGPT Enterprise and API business products within our platform’s technology stack. We adhere to OpenAI’s commitments to data ownership and control, ensuring that our clients’ business data remains secure and confidential.
Data Ownership:
- OpenAI’s Business Product does not use client data to train OpenAI models.
- Clients retain ownership of their input and output data.
Security and Compliance:
- OpenAI has completed a SOC 2 audit, demonstrating compliance with industry security standards.
- Data is encrypted both at rest (AES-256) and in transit (TLS 1.2+).
- OpenAI’s Trust Portal provides additional information about their security measures.
Contact Us
For any questions or to exercise your rights under this policy, contact:
- Email: info@callexperts.com
- Phone: 1-843-724-0000
- Address: 1591 Savannah Hwy, Charleston, SC, 29407
AI Deployment Policies and Procedures
AI Use Disclosure
Transparency Obligations
Disclosure of AI Use
Inform all call recipients that they are interacting with an AI agent.
State-Specific Requirements: Be aware of and comply with state laws mandating AI disclosure (e.g., California and Utah).
Building Trust
Customer Experience: Transparency about AI use can enhance trust and improve the customer experience.
Human Option: Always provide an option for the caller to speak with a human representative.
LLM’s Used and Private Container Policy
LLM’s and Private Containers: We don’t use interactions with our voice agents to train any Large Language Models (LLMs). Each client’s agents are set up in a subaccount with its own instance. GPT4o is the base LLM with the below commitments:
Data Ownership:
- OpenAI’s Business Product does not use client data to train OpenAI models.
- Clients retain ownership of their input and output data.
Security and Compliance:
- OpenAI has completed a SOC 2 audit, demonstrating compliance with industry security standards.
- Data is encrypted both at rest (AES-256) and in transit (TLS 1.2+).
Biometric Data and Voice Analytics
Consent for Biometric Data
Written Consent Required: Obtain express written consent before collecting or using biometric data, such as voiceprints.
State Compliance: Adhere to biometric data laws in states like Illinois, Texas, and Washington.
Avoiding Discrimination
Non-Discriminatory Practices: Ensure AI systems do not differentiate based on voice characteristics linked to protected traits (race, gender, etc.).
Accessibility: Design AI interactions to be inclusive for individuals with hearing or speech impairments.
Data Privacy and Retention
We keep personal data only as long as we’re working with a client, and we delete it within 90 days after we stop working together. Audio recordings are kept for 12 months for quality checks but can be deleted sooner if requested. We hold onto usage data (like which pages were visited) for up to 18 months to help us understand how things are working and troubleshoot any issues. If a client wants their data deleted, they can just email us at info@callexperts.com.
LLM and Private Containers
We don’t use interactions with our voice agents to train any Large Language Models (LLM).
Call Recording Compliance
Consent Requirements
Two-Party Consent States: In states requiring consent from all parties (e.g., California, Florida, Illinois), obtain explicit permission before recording.
Disclosure: Clearly inform participants at the beginning of the call about recording.
Third-Party AI Tools
Transparency: Disclose any use of third-party AI software for call monitoring or analytics.
Compliance: Ensure third-party tools comply with all applicable wiretapping and privacy laws.
Call Content Analytics
Consent for Processing Sensitive Data
Explicit Consent: Obtain consent before analyzing sensitive information (health, financial data) during calls.
Privacy Notices: Provide clear explanations of what data is collected and its intended use.
Data Minimization
Limiting Data Collection: Configure AI systems to avoid collecting unnecessary sensitive data.
Contextual Sensitivity: Be cautious of data that may become sensitive based on context.
Right of Publicity
Use of Real Voices
Authorization Required: Do not use voices of real individuals without their explicit consent.
Avoiding Impersonation: Ensure AI voices do not resemble celebrities or public figures without permission.
AI Hallucinations and Misrepresentation
Understanding AI Limitations
Potential for Errors: Acknowledge that AI may occasionally provide incorrect information (AI hallucinations).
Mitigation Strategies
Verification Options: You may choose to implement options for callers to confirm information with human agents.
Continuous Improvement: Regularly update and train AI models to minimize errors.
Recommended Disclaimers
Implement the following standardized disclaimers across all AI interactions:
AI Interaction Disclaimer:
“Please note you are speaking with an AI agent. While we strive for accuracy, it may not always be 100% correct. For critical information, we recommend verifying with a human representative.”
Call Recording Disclaimer:
“This call may be recorded for quality and training purposes. By continuing, you consent to this recording. If you do not consent, please let us know, and we’ll assist you without recording.”
Biometric Data Disclaimer:
“We may use voice recognition technology for security purposes. By continuing, you consent to the collection and use of your voiceprint. If you do not wish to provide this consent, we will use alternative methods to verify your identity.”
Sensitive Data Processing Disclaimer:
“Your information may be processed by AI to improve our services. This may include sensitive data, handled according to our privacy policy. You have the right to opt out at any time.”
AI Misrepresentation Disclaimer:
“Our AI agents are designed to assist but may not always have the complete picture. We recommend speaking to a human agent for important decisions.”
Obtaining Consent
Establish procedures to obtain consent at each interaction stage:
Robocalling Consent:
“You are about to receive a call from an AI agent. Press 1 to proceed and consent to this communication.”
Call Recording Consent:
“This call may be recorded. Do we have your permission to proceed with recording?”
Biometric Consent:
“We may use voice recognition for security. To agree, say ‘I agree’ or press 1.”
Sensitive Data Consent:
“We may use your information to improve our AI systems. If that’s okay, say ‘I agree’ or press 1 to continue.”
Summary and Action Items
Compliance Review:
Regularly review and update policies to align with evolving laws and regulations.
Staff Training:
Conduct ongoing training sessions on legal requirements and ethical considerations.
Client Communication:
Clearly communicate our compliance measures to clients and assist them in understanding their responsibilities.
Monitoring and Auditing:
Implement internal audits to ensure adherence to all policies and procedures.
Conclusion
By following these policies and procedures, Call Experts will not only remain compliant with legal obligations but also build a reputation for integrity and trustworthiness in the industry. It is everyone’s responsibility to stay informed and adhere to these guidelines to ensure our continued success and growth.
AI Terms and Conditions
Delivery of Services
Subject to the terms and conditions of this Agreement, Call Experts (“Company”) will provide the features, applications, services, and functionality as set forth in the Quote or as selected by Customer in the course of Customer’s use of the AI Platform (collectively, the “AI Platform”). Company’s sole duty is to provide the AI Platform, and Customer is responsible for Customer’s internal management, administration, and use of the AI Platform.
User has identified one or more Administrator(s) and such Administrator(s) shall be responsible for:
- Assigning and managing Users
- Enforcing and managing User access controls and permissions in accordance with Customer’s policies or those to which the Customer has agreed to be bound, and applicable law and regulations
- Unless delegated to CE, onboarding and supporting new Users
- Maintaining system and security configuration settings
- Managing workflow content to support Customer’s key goals
- Managing workspace reports and identifying opportunities to better leverage features
Term and Termination
Term
The “Term” of the Agreement begins upon the Effective Date (as set forth in the Quote) and continues for one year.
Initial Term; Prorated Terms
The initial term of this Agreement is the length of time beginning on the Effective Date and ending after one year.
Automatic Renewal
This Agreement will automatically renew for an additional term of one year (each, a “Renewal Term”). Renewal Terms are subject to Company’s then-current terms and conditions and the renewal pricing specified in the Quote. At any time up to ninety (90) days prior to the expiration of the then-current Term, Customer may disable the automatic renewal option in the AI Platform and this Agreement will terminate upon the conclusion of the then-current Term.
Termination for Breach
Either Party may terminate this Agreement immediately upon written notice: (a) with regard to obligations other than payment obligations, if the other Party is in material breach of the Agreement and fails to cure that breach within thirty (30) days after receipt of written notice, or immediately as provided in this Agreement; (b) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; (c) the other Party is in material breach of this Agreement more than two (2) times notwithstanding any cure of such breaches; or (d) with regard to Customer’s payment obligations, Company may immediately (or, at its option, after suspension of access to the AI Platform) terminate this Agreement for failure to pay any Fees when due.
Effect of Termination
Upon termination of this Agreement: (a) all rights and licenses granted under this Agreement will terminate, (b) Customer will pay Company all Fees owed and outstanding, and (c) upon request, each Party will return or destroy the Confidential Information of the other Party. If Company terminates due to Customer’s material breach, Customer is not entitled to a refund of any Fees and Company will not refund any Fees that Customer has paid. If Customer terminates due to Company’s failure to cure its material breach of this Agreement, Company will refund, pro rata, any Fees Customer has paid Company for the terminated duration of the current subscription to the AI Platform.
Service Definitions
Rate and charges, rules and regulations governing CE’s service are those specified in this agreement subject to any limitation established by any regulatory authorities. Where applicable, service is governed by all the rules and regulations of the Federal Communications Commission.
- Definition of Agent Minute – Time comprised of AI or live human work time.
Company Rights
CE reserves the right to replace any of its telephone numbers. Whenever the replacement of a number is at the discretion of CE, CE will provide advance notice to the CLIENT. Under no circumstance due to the cancellation or misprint of CE’s telephone numbers shall CE or its employees and/or owners be liable to any party for any loss, injury, or damage consequential or otherwise. CE also reserves the right to prohibit the publication of CE’s telephone numbers by CLIENT or its agent in any telephone directory. Failure to pay any charge due to CE shall entitle CE to take legal action to recover the charges and CLIENT shall pay to reimburse CE for any fees or costs incurred therein, including a reasonable attorney’s fee.
Data Transfer
As part of providing the AI Platform, Call Experts and our 3rd party developers may transfer and process all data and information provided or submitted by Customer to the AI Platform (“Data”) in the United States or any other country in which Call Experts, its 3rd party developers, or their agents maintain facilities. By using the AI Platform, Customer consents to (a) this transfer and processing of Data, and (b) the storage of (i) the technical data necessary to communicate to Customer’s servers to utilize the AI Platform, and (ii) User personalization options. Data may include, but is not limited to, Data submitted, uploaded, or imported to the AI Platform by users (including from Third Party Platforms) and (b) Data provided by or about users (including chat and message logs) that are collected from Customer websites using the AI Platform.
Modifications
Call Experts and our 3rd party developers may from time to time make modifications to the AI Platform, or particular components of the AI Platform. If such modification requires Call Experts or our 3rd party developers to make any changes to this Agreement that Call Experts, in its sole discretion, determines are material, Call Experts will notify the Customer via the AI Platform or email. If the change to the Agreement has a material adverse impact on Customer and Customer does not agree to the change, Customer must notify Company within thirty (30) days after receiving notice of the change. If Customer notifies Call Experts as required, then Customer will remain governed by the terms in effect immediately prior to the change until the end of the then-current Term. If Customer fails to notify Company within thirty (30) days, then Customer will be deemed to have accepted the modification. If the Term of the Agreement is renewed, it will be renewed under Call Expert’s then-current form of Agreement.
Training and Maintenance of AI
AI Updates and Improvements
Call Experts will provide updates to the AI voice attendant as necessary to improve functionality, address errors, or enhance features. These updates will be provided without additional cost unless otherwise specified in the Quote. Customer agrees to provide feedback and cooperation as needed for these updates.
Maintenance Obligations
Customer is responsible for ensuring the AI voice attendant is properly integrated into their systems. Call Experts will provide reasonable support to troubleshoot integration issues.
Data Privacy and Security
Technical Obligations
Customer acknowledges and agrees that (a) Call Experts is not responsible for any hardware used by Customer to access the AI Platform, and (b) if such Customer hardware is deficient, the AI Platform may not be accessible or available to Customer.
Users
Customer will designate the desired number of Customer’s employees and independent contractors as authorized users on the Quote and/or through the AI Platform (each, a “User”). Users are licensed on a per-seat basis.
Use of AI Platform
Customer will specify a minimum of one User through the AI Platform who will receive certain notifications as set forth in this Agreement and will have the rights to manage and administer the AI Platform, including Users (each, an “Administrator”). Customer is responsible for: (a) maintaining the confidentiality of its AI Platform password; (b) designating those of its employees who are Administrators and authorized to access the AI Platform; and (c) ensuring that all activities that occur in connection with the AI Platform comply with the Agreement. Any misuse of the AI Platform by a Customer is a material breach of this Agreement for which Company may immediately terminate the Agreement.
Access Controls
Customer agrees to maintain strong access controls, including secure passwords and user authentication, to prevent unauthorized use of the AI voice attendant.
Unauthorized Use
Customer will use all commercially reasonable efforts to prevent unauthorized use of the AI Platform and to terminate any unauthorized use. Customer will promptly notify Company of any unauthorized use of, or access to, the AI Platform of which it becomes aware, including unauthorized use by any User, known or suspected breaches of security, and unlawful use of the AI Platform or Company Intellectual Property Rights.
Indemnification for AI Misuse
By Customer
Customer will indemnify, defend, and hold harmless Company and its affiliates from any claims, damages, or losses arising from Customer’s misuse of the AI voice attendant, including but not limited to unauthorized data collection, non-compliance with data protection laws, or misrepresentation of AI capabilities.
By Company
Company will indemnify and hold harmless Customer from any claims, damages, or losses arising from the AI voice attendant’s infringement of third-party intellectual property rights or gross negligence in providing the AI Platform.
Error Escalation and Human Oversight
Escalation Protocols
Customer agrees to establish clear escalation protocols for cases where the AI voice attendant cannot resolve a query. These protocols must include transferring interactions to a human agent.
Monitoring of AI Interactions
Customer will periodically review AI interactions to ensure they align with desired service levels and address any anomalies promptly.
Use of AI-Generated Content
Ownership of Content
Any content generated by the AI voice attendant, including transcripts and summaries, will be owned by the Customer. The company retains the right to anonymize and analyze this content for the purpose of improving the AI Platform.
Content Usage
Customers may use AI-generated content for internal purposes, such as training, analytics, or improving customer service. Redistribution or public sharing of this content must comply with applicable laws and the terms of this Agreement.
Integration and Compatibility
Supported Integrations
The AI voice attendant can be designed to integrate with specified platforms including CRM’s. Customer is responsible for verifying compatibility with their existing systems.
Integration Support
Company will provide reasonable support for initial integration of the AI voice attendant. Ongoing support for integration issues may be subject to additional fees as specified in the Quote.
Force Majeure for AI Failures
Technical Interruptions
In the event of unforeseen technical issues, such as server outages or software bugs, Company will make all reasonable efforts to resolve the issue promptly. Company is not liable for delays or damages resulting from such interruptions.
Customer Notification
Company will notify Customer of any significant interruptions whenever possible in AI service and provide updates on resolution timelines.
Terms
Payment Terms
All payments are due upon the receipt of a statement from CE with the terms specified on the invoice unless otherwise agreed to in writing by both parties. A late fee of 4.5% shall be charged for any payments received after the invoice due date with a minimum late fee charge of $10.50 per month. Auto-payments may be drafted at any time after the invoice is generated unless another date is mutually agreed upon in writing. Payments sent in via check may be processed by electronic draft. If the account is past due with no payment received or payment arrangements made and agreed upon, CE holds the right to charge any credit card or checking account on file for the full balance owed. During the first six months of service, the client is subject to a $500 credit limit. If the usage accumulates charges over $500, CE holds the right to request immediate payment within one business day. If payment is not remitted, CE holds the right to charge the payment information on file or immediately suspend service. Invoice disputes should be emailed to CE before the invoice due date or will be considered approved by CLIENT. Refunds for unused service will not be issued. If service is suspended for non-payment, the account is subject to a reconnection fee. To process a termination, all past due amounts must be paid in full and any current or pending charges may be billed for immediate payment. All invoices will be considered correct and final 90 days after receipt.
Purchase Orders
Any terms and conditions on any purchase orders of Customer other than the Quote are not binding on Company and are null and void regardless of whether they were received by Company. Prices quoted do not include any transaction taxes. User is responsible for paying all taxes associated with fees due from User. If Call Experts has a legal obligation to pay or collect Taxes for which Customer is responsible under this Agreement, the appropriate amount shall be computed based on Customer’s provided address. Such Taxes will be invoiced to and paid by Customer. If Customer is legally entitled to an exemption from the payment of any Taxes, Customer will promptly provide Call Experts with legally sufficient tax exemption certificates for each taxing jurisdiction for which it claims exemption. Unless otherwise prohibited by law, Call Experts will apply the benefits of any requested tax exemption to charges occurring under User’s AI Platform account after the date Call Experts receives and reasonably processes such tax exemption certificate.
Support Services
By Customer
Customer will, at its own expense, respond to technical questions raised by Users relating to their use of the AI Platform. Customer will use commercially reasonable efforts to answer technical questions brought to its attention on its own, without notification to Company.
By Company
If Customer cannot answer a technical question raised by a User relating to their use of the AI Platform, then an Administrator shall notify Company and Company shall use commercially reasonable efforts to provide an answer to the Administrator.
For Emergency Security Issues
If there is an Emergency Security Issue, Company may immediately suspend the offending User. Suspension will be to the minimum extent and duration that Company deems to be required to prevent or terminate the Emergency Security Issue. If Company suspends a User, Company will provide Customer the reason for the suspension as soon as is reasonably possible.
Confidential Information
Obligations
Each Party will: (a) hold and keep the other Party’s Confidential Information in strict confidence; (b) protect the other Party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (c) not disclose the Confidential Information, except to Affiliates, employees, and agents. Each Party (and any Affiliates, employees, and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect it. Each Party is responsible for any actions of its Affiliates, employees, and agents in violation of this Section.
Exceptions
Confidential Information does not include information that: (a) the recipient of the Confidential Information already knew as evidenced by its written records; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was rightfully given to the recipient by another party.
Required Disclosure
Each Party may disclose the other Party’s Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other Party; (b) gives the other Party the opportunity to challenge the disclosure; and (c) releases only so much of the Confidential Information as required by law and properly requests confidential treatment of that information.
Intellectual Property Rights
Intellectual Property Ownership
Except as expressly set forth herein, this Agreement does not grant either Party any rights, implied or otherwise, to the other Party’s Intellectual Property Rights. Company and its licensors are the sole owners of all Intellectual Property Rights in and to the AI Platform.
License to Customer
Subject to the terms and conditions of this Agreement, Company grants to Customer a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license in and to Company’s Intellectual Property Rights solely to the extent necessary to use the AI Platform pursuant to this Agreement.
License to Company
Subject to the terms and conditions of this Agreement, Customer grants Company a royalty-free, worldwide, and revocable license in and to Data and Customer’s Intellectual Property Rights solely to the extent necessary for Company to provide Customer with the AI Platform.
Suggestions
Customer hereby grants to Company a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the AI Platform any suggestions, enhancement requests, recommendations, or other feedback provided by Customer.
Restrictions on Use
At all times, Customer will comply, and will ensure Users comply, with the Terms of Use. Customer will not, and will ensure Users do not: (a) attempt to gain unauthorized access to the AI Platform; (b) access the AI Platform other than through Company’s interface; (c) use the AI Platform in any manner that disables, disrupts, or otherwise interferes with Company’s ability to furnish the AI Platform; (d) engage in High Risk Activities; and (e) use the AI Platform in any manner that is unlawful or otherwise prohibited by this Agreement.
Publicity
Unless Customer notifies Company otherwise in writing, Customer hereby consents to Company’s inclusion of Customer’s name in a customer list and in press releases and such notification will only apply to materials that are not yet printed or available as of the date of the notification.
Representations and Warranties
Each Party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the AI Platform.
Disclaimer
THE AI PLATFORM IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND SUITABILITY OF CUSTOMER SERVICES IS SOLELY WITH CUSTOMER. NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WARRANTIES AGAINST INTERFERENCE WITH ENJOYMENT OF INFORMATION, AND WARRANTIES OF QUALITY AND ACCURACYocuments referenced herein and hereby incorporated by reference, is the Parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
Interpretation of Conflicting Terms
If there is a conflict between the documents that make up this Agreement, the Agreement will control.
Counterparts
The Parties may execute this Agreement in counterparts, including PDF or other electronic copies, each of which will be considered an original, and all of which together will constitute one and the same instrument.