These Terms of Service ("Terms") govern your access to and use of the AI Call Supervisor ("AICS") product, a service provided by Netpeak LTD ("we", "us", or "our"), that offers fast analysis of call recordings to improve call center performance. By using AICS, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the AICS product.
2.1. Grant of License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use AICS solely for the purpose of improving call center performance.
2.2. Account Registration. You may be required to create an account to use AICS. You agree to provide accurate and complete information during the account registration process and to update your information as necessary to maintain its accuracy.
2.3. Restrictions. You agree not to use AICS in any way that is unlawful, harmful, or in violation of any applicable laws or regulations. You agree not to reverse engineer, decompile, or disassemble AICS or any related software or components. You also agree not to sublicense, resell, or distribute AICS to any third party.
2.4. Third-Party APIs. AICS uses APIs provided by OpenAI and Google. Your use of AICS is subject to your compliance with the terms and conditions of these third-party service providers.
3.1. Client Responsibility. You acknowledge and agree that, in accordance with the General Data Protection Regulation (GDPR), you are responsible for ensuring that any data transferred to AICS, including personal data, is done so lawfully and with the necessary consents from data subjects. You also agree to inform us promptly if any data breach occurs that affects personal data processed by AICS.
3.2. Data Processing. We will process any personal data you transfer to AICS in accordance with our Privacy Policy and applicable data protection laws, including GDPR. By using AICS, you agree to our processing of personal data as described in our Privacy Policy.
3.3. Data Controller and Processor. You acknowledge and agree that, for the purposes of GDPR, you are the data controller and we are the data processor with respect to personal data processed through AICS. As the data controller, you are responsible for ensuring that all necessary consents, notices, and authorizations are obtained from data subjects for the processing of their personal data through AICS.
3.4. Data Processing Agreement. If required under GDPR, we will enter into a Data Processing Agreement (DPA) with you, detailing our respective obligations as data processor and data controller. By using AICS, you agree to the terms of the DPA, which will be incorporated into these Terms by reference.
4.1. Ownership. You acknowledge and agree that we own all intellectual property rights in and to AICS, including but not limited to copyrights, trademarks, and any other proprietary rights. You are granted a limited license to use AICS as provided in these Terms, but no other rights or licenses are granted to you.
4.2. Feedback. If you provide us with any suggestions, ideas, or feedback related to AICS, you agree that we may use, share, and commercialize such feedback without any obligation or compensation to you.
5.1. Termination by You. You may terminate your use of AICS and your account at any time by providing us with written notice.
5.2. Termination by Us. We may terminate or suspend your access to AICS and your account if you breach these Terms, fail to comply with any applicable laws, or if we determine, in our sole discretion, that your use of AICS is harmful to our interests or those of other users.
5.3. Effect of Termination. Upon termination, your right to access and use AICS will cease immediately, and you must promptly destroy all copies of AICS and any related materials in your possession or control.
6.1. Disclaimer of Warranties. AICS is provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that AICS will be error-free, secure, or uninterrupted, or that it will meet your specific requirements.
6.2. Limitation of Liability. To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your use of or inability to use AICS, even if we have been advised of the possibility of such damages. Our total liability to you in connection with these Terms shall not exceed the fees paid by you to us for your use of AICS during the six (6) months immediately preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Netpeak LTD, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in connection with your use of AICS, your breach of these Terms, or your violation of any applicable laws or regulations.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in England and Wales to resolve any disputes arising out of or in connection with these Terms or your use of AICS.
We reserve the right to modify or update these Terms at any time and for any reason, with or without prior notice. Your continued use of AICS after any such changes constitutes your acceptance of the new Terms. It is your responsibility to periodically review these Terms for any changes.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us concerning your use of AICS and supersede any prior agreements, understandings, or representations, whether written or oral, between you and us with respect to the subject matter hereof.
If you have any questions or concerns about these Terms, please contact us at [Your Company's Contact Email Address].
Last Updated: March 31 2023
Netpeak LTD