Last updated on September 21st 2024.
Acceptance of the Terms
These SalesAi Terms of Use (these “Terms”) are entered into by and between SalesAi, the owner and operator of www.salesai.com and any services offered via the Platform (as defined below) (“SalesAi,” “us,” “we,” or “our”), and you, a user of the Platform (“you,” “your,” or “user(s)”).
The SalesAi website, extension, app, and/or any public facing piece of technology of SalesAi shall be referred to collectively as the “Platform.”
These Terms, together with all documents, policies, and agreements referenced herein, govern your access to and use of the Platform, including any content, functionality, products, and services offered on or through the Platform, so please read them carefully before you access or use the Platform.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform.
By accessing or using the Platform, by clicking to accept or agree to these Terms when that option is made available to you, or entering into an order form for our products or services in connection with the Platform you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.salesai.com/privacypolicy (“Privacy Policy”), incorporated herein by reference. If you disagree with any part of these Terms or our Privacy Policy, then you must not access or use the Platform.
The Platform is offered and available only to users who are over the age of eighteen (18) and have the legal capacity to enter into a binding agreement. By using the Platform, you represent that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you.
Login, Sign-up, and Account Security
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. In order to complete your sign-up, we may require you to agree to Additional Agreements (as defined below). Upon sign-up SalesAi may assign you a username and password where required. You are entirely responsible for maintaining the confidentiality of your username, password, and account and for all activities that occur under your account. You agree to notify SalesAi immediately of any unauthorized use of your account or any other breach of security. SalesAi will not be liable for any losses you incur as a result of someone else using your username, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by SalesAi or another party due to someone else using your username, account, or password. You may not use anyone else’s account at any time without the permission of the account holder. We reserve the right to restrict or refuse sign-up or use of the Platform for any users of the Platform for any reason whatsoever and at any time. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Accessing the Platform
From time to time, we may restrict access to some parts of the Platform, or the entire Platform. You are responsible for both (a) making all arrangements necessary for you to have access to the Platform and (b) ensuring that all individuals or entities who access the Platform through your internet connection are aware of these Terms and comply with them. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to access or register with the Platform or otherwise, including, without limitation, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
Additional Agreements
In order to access some portions of the Platform or services offered via the Platform, you may be required to agree to an order form, master subscription agreement, additional terms and conditions, and/or other relevant agreements (collectively, “Additional Agreements”) as required by SalesAi. The Additional Agreements should be read in conjunction with these Terms and may obligate you to additional responsibilities when using the Platform.
Reliance on Information Posted; Third-Party Links
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may contain content from or links to third-party websites that are not owned or controlled by SalesAi. If the Platform contains links to other websites and/or resources provided by third parties, these links are provided for your convenience only. SalesAi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. All statements and/or opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the individual or entity providing those materials. Those materials do not necessarily reflect the opinion of SalesAi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. In addition, SalesAi will not and cannot censor or edit the content of any third-party website. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Platform, you expressly relieve SalesAi from all liability arising from your use of any third-party website.
Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Marketing and/or Service Communications
In addition to our Privacy Policy, by providing your contact information to us, you agree we may contact you to provide occasional marketing and/or service-related communications through email, call, pre-recorded messages, and/or text messages using automated technology, including automatic telephone dialing systems, using the contact information you provide. Communication frequency may vary but is not likely to exceed one to three times weekly from us. Consent is not a condition of purchase. You can opt-out of communications at any time by replying STOP to any text message or by following the opt-out instructions provided in communications. Normal cell phone and carrier charges may apply. We are not liable for any delayed or undelivered messages.
Social Media Features
The Platform may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Platform, (b) send communications with certain content, or links to certain content, on the Platform, and/or (c) cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion and without any liability to you.
Your Conduct While Using the Platform; Prohibited Uses
When accessing or using the Platform, you are solely responsible for your use and for any use of the Platform made using your account. You may use the Platform only for lawful purposes and in accordance with these Terms.
You agree to abide by the following rules of conduct:
You will not copy, distribute, reverse engineer, or disclose any part of the Platform in any medium, including, without limitation, by any automated or non-automated “scraping.”
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform.
You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform.
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
You will not use the Platform to stalk, harass, bully, or harm another individual.You will not hold SalesAi responsible for your use of the Platform.
You will not violate any requirements, procedures, policies, or regulations of networks connected to SalesAi.
You will not interfere with or disrupt the Platform.
You will not use the Platform 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 jurisdictions, the CAN-SPAM Act, and the Telephone Consumer Protection Act).
You will not use the Platform in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
You will not use the Platform 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.
You will not use the Platform to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
You agree not to use the Platform to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
You will not use the Platform to impersonate or attempt to impersonate us, our employees, another user, or any other individual or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
You will not use the Platform to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform, or expose them to liability.
You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Platform.
You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
You will not otherwise attempt to interfere with the proper working of the Platform.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use the Platform may at our discretion be terminated or suspended without liability to you or any third party. Generally, we will provide an explanation for any suspension or termination of your use of the Platform, but SalesAi reserves the right to suspend or terminate any account at any time without notice or explanation.
Compliance
You shall use our services and the Platform for outreach, whether via electronic mail, SMS/text messaging, telephone calls, voicemails, autodialers, artificial or prerecorded messages, or any other medium, in compliance with all applicable laws and regulations (including, without limitation, the Telephone Consumer Protection Act (“TCPA”) (and its consent requirements), Telemarketing Sales Rule (“TSR”), and all other federal and state laws and regulations governing consumer contacts and notifications) and all applicable policies of carriers. You shall be solely responsible for the content of all messages, the selection of recipients of the messages, the procurement from the recipient of all applicable consents (which consents must, among other things, satisfy the TCPA and TSR requirements), and the manner, time, and means of delivery of such messages.
Without limiting and in addition to the foregoing, to the extent our services or the Platform facilitate or affect the delivery of any SMS/text messaging to your customers or potential customers, you represent and warrant that no outreach via our services or the Platform will be attempted for marketing purposes unless the receiving party has supplied their express written consent by accepting (via signature acceptable under the E-Sign Act) a clear and conspicuous disclosure, that is displayed to the receiving party in a manner in accordance with the law, as part of a transparent and non-misleading consumer experience whereby the receiving party agrees to provide express written consent to receive marketing or promotional messages to a specific cell phone via the use of automated telephone dialing equipment, or prerecorded or artificial voice messages, or via automated text messages.
You must have documented proof of prior written consent or “opt-in” from each individual or entity you are messaging or calling. We reserve the right to request written consent and proof of opt-in at any time, and you must provide such proof within two (2) days of such request. TCPA regulations require you to keep the proof of consent for a number of years.
It is your responsibility to manage “opt-out” requests to ensure such requests are processed properly and that the recipient’s mobile number is immediately taken out of your contact list to prevent further messages being sent to their number. You must provide reasonable mechanisms for the recipient to opt-out of your marketing campaigns, including the ability to respond with any variation of “Stop” or “Opt-out.” We may automatically remove contacts from bulk messaging when we receive an explicit STOP request.
It is solely your responsibility to verify the persons you are contacting are not listed on the national and individual state do not call (“DNC”) databases. We DO NOT verify the national DNC registry. We may randomly inspect your message traffic to verify that your recipients are not on any of the DNC list(s). Any number found on the DNC list during an active campaign will incur a surcharge at our then current rate.
Your Content
Your ability to submit or transmit any information through the Platform, including, without limitation, text, audio messages, videos, photos, images, or any other information will be referred to as “User Contributions” throughout these Terms. All User Contributions must comply with the content standards set out in these Terms. You are solely responsible for any User Contributions you submit or contribute to the Platform, and you, not SalesAi, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Any User Contribution you submit to the Platform will be considered non-confidential and non-proprietary. When you submit any User Contributions to us, you grant SalesAi, its partners, affiliates, users, representatives, and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Contributions. Additionally, you agree that SalesAi may use User Contributions, in an aggregated form from which all personally identifiable information has been removed, for purposes of benchmarking system performance, preparing statistics and system metrics, marketing, and other purposes. You represent and warrant that (a) you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and (b) all your User Contributions do and will comply with these Terms.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the content standards, infringes any intellectual property right or other right of any individual or entity, threatens the personal safety of users of the Platform or the public, or could create liability for SalesAi.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. Terminate or suspend your access to all or part of the Platform for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.Promote gambling, sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other individual or entity.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.Be likely to deceive any individual or entity.Promote any illegal activity, or advocate, promote, or assist any unlawful act.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other individual or entity.Impersonate any individual or entity, or misrepresent your identity or affiliation with any individual or entity. Give the impression that they emanate from or are endorsed by us or any other individual or entity, if that is not the case.
Intellectual Property Rights
The Platform and its contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your web browser for display enhancement purposes.If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by all applicable Additional Agreements.If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Platform.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
If you print, copy, modify, download, or otherwise use or provide any other individual or entity with access to any part of the Platform in breach of these Terms, your right to use the Platform will stop immediately and we will have no liability to you in connection therewith, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You are responsible for ensuring your use of the Platform is in accordance with any third-party terms, conditions, rules, and regulations. You represent and warrant that your use of the Platform and our services will not infringe or misappropriate the intellectual property rights of any third party.
Trademarks
The name “SalesAi,” the design of the Platform along with SalesAi created text, writings, images, templates, scripts, graphics, interactive features, product and service names, designs, slogans, and the trademarks, marks and logos contained therein (collectively, the “Marks”) are owned by or licensed to SalesAi. You must not use such Marks without our prior written permission. The Marks are subject to trademark and other intellectual property rights under US laws and international conventions. SalesAi reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of any Marks, anything contained within the Platform, or the Platform itself unless we have given you express written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Disclaimer
WE TRY TO PROVIDE YOU ACCURATE DATA AND CONTENT AND KEEP THE PLATFORM SAFE, SECURE, AND PROPERLY FUNCTIONING, BUT WE CANNOT GUARANTEE ACCURACY OR THE CONTINUOUS OPERATION OF OR ACCESS TO THE PLATFORM. YOU AGREE THAT YOU ARE MAKING USE OF THE PLATFORM, ITS CONTENT, ANY INFORMATION FOUND WITHIN THE PLATFORM, AND OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES. NEITHER SALESAI (OR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH US) NOR ANY SERVICE PROVIDER OR LICENSOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SALESAI (OR ANYONE ASSOCIATED WITH US) NOR ANY SERVICE PROVIDER OR LICENSOR REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
WHILE WE STRIVE TO PROVIDE A GREAT USER EXPERIENCE FOR ALL OF OUR USERS, SALESAI ASSUMES NO RESPONSIBILITY FOR THE TEMPORARY UNAVAILABILITY OF THE PLATFORM OR THE TIMELINESS, TRANSPORT, OUTAGE, DELETION, FAILURE TO DELIVER OR FAILURE TO STORE/RETRIEVE ANY USER COMMANDS, DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS IN CONNECTION WITH SALESAI. YOU AGREE THAT ANY INFORMATION MAY BE INACCURATE, UNSUBSTANTIATED, OR POSSIBLY EVEN INCORRECT. WE CANNOT GUARANTEE THAT USING THE PLATFORM WILL RESULT IN ANY BENEFITS OR POSITIVE RESULTS FOR YOU. UNLESS OTHERWISE STATED, YOU AGREE TO RELEASE US FROM ANY LIABILITY THAT WE MAY HAVE IN RELATION TO YOUR USE OF THE PLATFORM.
Artificial intelligence and machine learning are rapidly evolving fields. We are constantly working to improve our services and the Platform to make them more accurate, reliable, safe, and beneficial. Our services and the Platform may generate responses, statements, analyses, comprehensions, summaries, and other information (“Output”) for you. Given the probabilistic nature of machine learning, use of our services and the Platform may, in some situations, result Output that does not accurately reflect real people, places, or facts. You understand that Outputs generated by our services and the Platform should not be relied upon nor deemed to be factually correct. You should not rely on any generated Outputs or responses from our services and the Platform as a source of truth, as factual information, or as professional advice. You must evaluate the Outputs for accuracy and appropriateness before using or sharing any information or Outputs. You must not use any Outputs relating to a parson for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, medical, legal, or other important decisions about them. Our services and the Platform may provide incomplete, incorrect, inappropriate, or offensive Outputs or content that does not represent our views. If an Output represents any third-party products or services, it does not mean the third party endorses or is affiliated with us. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICES OR THE PLATFORM IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY OUTPUTS OR CONTENT AS A SOLE SOURCE OF TRUTH, AS FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES.
Indemnity
You agree to defend, indemnify, and hold harmless SalesAi, our affiliates, licensors, and service providers, and our and their respective officers, directors, stockholders, employees, agents, licensors, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, awards, expenses, costs, debt, or fees (including, without limitation, attorneys’ fees) arising out of or related to: (a) your use of or access to the Platform, (b) your violation of any term of these Terms, (c) any use of the Platform’s content, services, or products other than as expressly authorized in these Terms, or (d) your use of any information obtained from the Platform. This defense and indemnification obligation will survive these Terms and your use of the Platform.
Class Action Waiver
YOU AND SALESAI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WHETHER THROUGH A COURT OF LAW OR ARBITRATION SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
Geographic Restrictions
We are based in the State of Indiana in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain jurisdictions. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction, including any international treaty). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the City of Indianapolis and County of Marion, Indiana, United States, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You affirmatively opt out of all applicable international treaties or agreements related to the subject matter of this section.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability
In the event that a provision of these Terms is found to be unlawful or otherwise unenforceable by a court of competent jurisdiction, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms or any other agreement you may have with SalesAi are deemed to conflict with each other’s operation, you agree that SalesAi shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Waiver of any provision of these Terms shall be effective only if waived by us in writing. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
California Residents
If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which states “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notices:
Our address is 201 S. Capitol Ave., Suite 800, Indianapolis, IN 46225, and our phone number is (317) 349-5754. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Entire Agreement
These Terms, our Privacy Policy, and the Additional Agreements constitute the sole and entire agreement between you and SalesAi regarding the Platform and our products and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform and our products and services.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support@salesai.com.
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