Last updated: December 20, 2022
As a User, you assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Platform or Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agrees not to engage in conduct that utilizes the Services or Platform in a manner that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international laws or regulations.
2. Access Grant, Registration, Accounts, and Passwords.
a)Provisions of Access.
Subject to this Agreement, we provide you with access to the Services and Platform solely for your use of the Services. This Agreement and the access provided hereunder are non-transferable, except as expressly provided herein. We retain all rights not expressly granted to the User pursuant to this Agreement and any order form.
b) User Access of the Services.
c) Use of the Services.
Nothing on the Sites or Application will be considered an endorsement, recommendation, representation, or warranty with respect to any Customer, End User, or third party, whether in regards to its website, products, services, experience, or otherwise.
d) Call Recordings.
Customers may elect to record calls between its Authorized Users and its Prospects or customers. A Customer may utilize our Services and Platform to collect a digital recording of the telephone conversation. Personal Information revealed during a telephone call may be digitally recorded, such as name and contact details in order to deliver the appropriate services. Occasionally Personal Information may be recorded where an individual voluntarily discloses health, financial, location, or other information to support their request for services. Customer agrees that it is solely responsible and will take all actions necessary to comply with laws applicable to the type of Personal Information collected by such Customer and its Authorized Users while utilizing the Services and Platform.
Call recordings may be used by the Customer:
- to assist in the quality monitoring of Authorized User performance
- to investigate and resolve complaints
- to identify training needs
- to ensure the Customer is able to monitor and adhere to quality standards
We may be required or permitted by law to disclose a call recording that includes a Prospect’s personal data without the Prospect’s explicit consent in connection with an investigation or pursuant to certain Data Protection legislation in order for to respond to a complaint or issue. For example we may have a legal obligation to release information for law enforcement, safeguarding investigations, regulation and licensing, or court proceedings. You have a number of rights in relation to your Personal Information. Please refer to our Privacy Statement [abstrakt.ai/privacy-policy/] for information regarding your rights in relation to your Personal Information.
Customer agrees that it will not use or cause its Authorized User’s to use the Platform or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the consent to record conversations). Customer further agrees that it will take all steps necessary to obtain consent to record telephone conversations to the extent required by any applicable federal, state, local, or international law or regulation.
e) Modification of Services.
7. Future Functionality.
3. Abstrakt Responsibilities.
a) Service Levels.
Abstrakt makes no warranty regarding the availability of the Services. Abstrakt uses commercially reasonable efforts to make the Services reasonably available, except for: (i) planned downtime and (ii) unavailability caused by circumstances beyond Abstrakt’s control, including but not limited to acts of God, internet service provider failures or delays, and denial of service attacks.
b) Information Security.
Please refer to our Privacy Statement [abstrakt.ai/privacy-policy/] for information regarding how we collect, process, share and store your User Content (as defined below). We will use commercially reasonable technical and organizational measures that are reasonably designed to maintain an industry-standard level of security and prevent unauthorized access to and/or disclosure of information submitted by a User in order to access and use the Services.
We may create analyses utilizing, in part, data collected by Customer while utilizing the Services and Platform (“Customer Data”) and information derived from Customer’s use of the Service and Platform, as set forth below (“Analyses”). Analyses will anonymize and aggregate information and will be treated as material provided or developed by Abstrakt (independently or with Customer’s cooperation) in the course of performance under the Agreement, including in the delivery of any support or Consulting Services to Customer; provided, such materials do not include the Customer Data, or any Customer confidential information (collectively, “Platform Materials”). Unless otherwise agreed, personal data contained in Customer Data is only used to provide the Platform and Services. Analyses may be used for the following purposes:
- product improvement (in particular, product features and functionality, workflows and user interfaces) and development of new Abstrakt products and services),
- improving resource allocation and support,
- internal demand planning,
- improving product performance,
- verification of security and data integrity
a) Customer Data.
Customer is responsible for the Customer Data it collects while utilizing the Platform and Services. Customer grants to Abstrakt (including any of our affiliates and subcontractors) a nonexclusive right to process Customer Data solely to provide and support the Service and Platform.
You give us permission to view and process user data and take actions within your Abstrakt account for the purpose of delivering the Services and Platform, including support, maintenance, and onboarding, as well as to make design choices relating to the technical administration of the Services. You may request that we perform actions within your Abstrakt account, and in doing so hereby grant us the limited permission to view, create, and modify data in your account to fulfill the request, including but not limited to reports and account configurations.
Furthermore, you acknowledge and agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose Customer Data collected through the Services or Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
b) Personal Data.
Customer will collect and maintain all personal data contained in the Customer Data in compliance with its Privacy Statement and applicable data privacy and protection laws.
Customer will maintain reasonable security standards for its Authorized Users’ use of the Platform and Services. Customer will not conduct or authorize penetration tests of the Platform without advance approval from Abstrakt.
d)Access to Customer Data.
During the Subscription Term, Customer can access its Customer Data at any time. Customer may export and retrieve its Customer Data in a standard format. Export and retrieval may be subject to technical limitations, in which case Abstrakt and Customer will find a reasonable method to allow Customer access to Customer Data.
Thirty (30) days following the termination of the Subscription Term, Abstrakt will delete all Customer Data remaining on its servers unless applicable law requires retention. Customer must submit a request within such thirty (30) day period to [email protected] to perform a final export of Customer Data from the Platform.
In the event of third party legal proceedings relating to the Customer Data, Abstrakt will cooperate with Customer and comply with applicable law (both at Customer’s expense) with respect to handling of the Customer Data.
5. Authorized Users.
a) Interactions with Customers and Authorized Users.
As a Prospect, you are solely responsible for your interactions with Customer and Authorized Users whom you contact or who contact you. There are risks that may arise when dealing with unknown individuals, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share with the Customer or Authorized User. You should conduct your own due diligence on the Customer or Authorized User. We do not authenticate or review a Customer’s or Authorized User’s products, services, or guarantee that the purpose of their communication is suitable, legitimate, or real.
b) Interactions with Prospects.
To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your account and access to the Services may be suspended in the event of non-payment of applicable fees. Charges for monthly and annual subscriptions and any renewals are set forth on a separate order form or agreement.
8. Intellectual Property.
a) Abstrakt Intellectual Property.
b) User Data.
You give Abstrakt permission to view user data and take actions within your Abstrakt account for the purpose of delivering the Services, including support, maintenance, and onboarding, as well as to make design choices relating to the technical administration of the Services. You may request that Abstrakt perform actions within your Abstrakt account, and in doing so hereby grant Abstrakt the limited permission to view, create, and modify data in your account to fulfill the request, including but not limited to reports and account configurations.
c) Blind Data.
Notwithstanding anything to the contrary, we have the right (during and after the term hereof) to, without any obligation to you, to collect, develop, create, extract, compile, synthesize, analyze, and commercialize statistics, benchmarks, measures, and other information based on Anonymized Data (collectively “Blind Data”). “Anonymized Data” means Authorized User Data that is: (i) anonymized by removing any personal or other information so the data is in no way attributable to you, any of Customer’s employees, or any other individual or entity and (ii) presented in a way which does not reveal your identity.
Notwithstanding anything to the contrary, if you provide us with any ideas, suggestion(s), enhancement requests, feedback, and/or recommendation(s) regarding the Services or Application, including, without limitation, new and/or improved features or functionality relating thereto (“Feedback”), we are free to use and disclose such Feedback without any obligation to you. As between the parties, we are the owner of any such Feedback.
9. Prohibited Uses.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, spam, or any other similar solicitation.
- To post or transmit to or from the Platform the use of the Services in any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability.
- If a Customer, record any calls or harvest or collect information on a Prospect in violation of any applicable federal, state, local, or international law or regulation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or Services, or which, as determined by us, may harm the Company or users of the Platform or Services or expose them to liability.
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or reverse engineer the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Services.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site and/or the Services.
We are not responsible or liable for the conduct of, or your interactions with, any other users of the Services (whether online or offline), or for any associated loss, damage, injury or harm. We are not liable for any statements, representations or content provided by other users. Although We have no obligation to screen, edit or monitor any use of the Services, we reserve the right, and have the discretion, to terminate your use of the Services or Platform at any time and for any reason without notice.
10. Technical Support.
We will provide technical support for issues directly to the Customer’s Authorized Users during the defined business hours set forth below.
a) General Support
- Support requests are to be initiated by logging a ticket to [email protected] (or by using in App Widget).
- We will respond to standard support requests within four business hours.
b) System Configuration Changes.
- System configuration change requests are to be initiated by logging a ticket at [email protected] (or by using in App Widget).
- We will respond to the standard request within one business day.
c) General Requests.
- All other general requests will be responded to during regular business hours from 8:00 am to 5:00 pm PST, Monday through Friday (excluding USA nationally recognized holidays).
11. Disclaimer of Warranties.
ABSTRAKT DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT. ALL INFORMATION IS PROVIDED BY ABSTRAKT ON AN “AS IS” BASIS ONLY.
ABSTRAKT MAKES NO WARRANTY THAT (i) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT THE PLATFORM AND/OR SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE. USE OF THE PLATFORM AND SERVICES ARE SOLELY AT YOUR RISK.
12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABSTRAKT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ABSTRAKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE PLATFORM AND/OR SERVICES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT ABSTRAKT WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE PLATFORM OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND ABSTRAKT’S REASONABLE CONTROL.
IN NO EVENT SHALL ABSTRAKT BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Any material, information, or idea you transmit to or post on the Platform or through the Services by any means will be treated as non-confidential and non-proprietary. Notwithstanding the foregoing, all personal data provided to us will be handled in accordance with our Privacy Statement.
16. Governing Law and Dispute Resolution.
This Agreement and performance hereunder will exclusively be governed by, and construed in accordance with, the laws of the state of Delaware (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver and Severability.
No waiver by Abstrakt of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Abstrakt to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Questions and Comments.
If you have any questions or comments regarding these Site Terms or your use of the Site or the Services, please submit them to us at [email protected].
© 2023 Abstrakt Corp.