LAST UPDATED: JAN, 20, 2024

Terms of Service

This document constitutes a legally binding agreement between you ("the User") and Salesify regarding your use of the Service. 

Important Notice:
Please read the following terms with attention and care: By selecting “Sign In” (or a similar option), or by downloading, installing, or accessing or using the Service in any manner, you acknowledge that you have fully read, understood, and agree to comply with these Terms and Conditions. This includes adherence to Salesify’s Privacy Policy, which is collectively referred to here as the “Terms”. Eligibility and Consent: If you are not eligible, or if you do not agree to these Terms, you are not permitted to use the Service. Your use of the Service, and our provision of the Service to you, constitutes a mutual agreement by both you and Salesify to abide by these Terms.

Arbitration Notice:
You agree that, with the exception of specific types of disputes described in the arbitration clause, any disputes between you and Salesify will be resolved through binding, individual arbitration. By accepting these Terms, both you and Salesify waive the right to a trial by jury or to participate in any class action or representative proceeding. You acknowledge that you are relinquishing the right to pursue litigation in court to assert or defend your rights under these Terms. Instead, a neutral arbitrator, and not a judge or jury, will resolve your rights.

1. WHAT WE DO
Salesify is a cutting-edge conversational intelligence tool crafted to enhance and streamline your virtual meeting experience. Our service seamlessly integrates with popular conferencing platforms such as Zoom and Google MeetsRecording: We enable the recording of your virtual meetings, ensuring that no critical discussion is missed. Transcription: Salesify provides transcription services, converting your meeting's audio content into text for easy reference and review. Analysis: Our tool analyzes calls to offer valuable insights, helping you understand meeting dynamics better.

2. YOUR USE OF THE SERVICE ELIGIBILITY REQUIREMENTS:
To access and use Salesify, you must be at least 16 years of age. By using our service, you affirm that:You are 18 years or older.You have not been previously suspended or removed from using Salesify. You will provide accurate and current information.You will comply with all applicable laws and regulations in your use of the service.

Account Requirements: To use Salesify, you must have an active account with a supported conferencing service, such as Zoom or Google Meets. Please note that your use of these third-party services is subject to their respective terms and conditions.

Grant of Limited License
: We provide you with a non-exclusive, non-transferable, and revocable license to use Salesify solely for your personal, non-commercial purposes, in accordance with these terms.

License Restrictions: In using Salesify, you are prohibited from:Reproducing, modifying, distributing, or creating derivative works of the service.Reverse engineering, decompiling, or disassembling the service.Engaging in any action that may infringe upon our intellectual property or proprietary rights.

Prohibited Conduct: You must not use Salesify for any unlawful or prohibited activities. This includes, but is not limited to:Engaging in illegal activities or violating any laws in your jurisdiction.Harassing, threatening, or otherwise harming other users.Infringing on the rights of third parties, including intellectual property rights.Disrupting, overburdening, or aiding the disruption of our service or servers.

3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1
Each party acknowledges that it may receive sensitive business, technical, or financial information from the other party ("Proprietary Information"). This includes non-public details about the Service's features and performance from the Company, and non-public data you provide ("Customer Data"). The Receiving Party commits to: Protecting the Proprietary Information with reasonable precautions. Not using or disclosing the Proprietary Information, except for service provision or as permitted in this agreement. This obligation excludes information that: Becomes public through no fault of the Receiving Party. Was already known or independently developed by the Receiving Party. Is received from a third party without confidentiality restrictions. Must be disclosed by law, after five (5) years from the disclosure date.

3.2
You retain all rights to your Customer Data. The Company retains all rights to the Services and Software, including any improvements, enhancements, and related intellectual property.

3.3
The Company may collect and analyze data related to the Service's performance and use, including Customer Data, for improving the Service and other business purposes. This data may be disclosed in aggregate or de-identified form

3.4
Company represents and warrants that it has appropriate technical and operational processes and procedures in place reasonably calculated to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, including, but not limited to transmission of information over a network, and against all other unlawful forms of processing. Such measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the information to be protected.

3.5
Customer represents and warrants that it has all necessary authorization (including without limitation any required consent of third parties, service providers, customers, and other data subjects of Customer) to provide information including the Customer Data to Company, and that all such information has been obtained in compliance with applicable law.

3.6
Both parties agree to perform their obligations under this agreement in compliance with all applicable laws, including those related to data privacy and security.

4. PRICING 
We hold the discretion to set and adjust the pricing for the Service. We strive to keep the pricing information on our website current and accurate. However, we recommend that you regularly check our website for the most up-to-date pricing details.

Notification of Changes: If there are any changes to the fees for any aspect of the Service, including the introduction of new or additional charges, we commit to providing you with advance notice before these changes take effect.

Promotional Offers: We may occasionally provide special promotional offers with varying features and prices to our customers. It's important to note that these offers:Are discretionary and may differ among customers.Will only apply to your account if they are explicitly extended to you.Do not alter the terms of your existing agreement with us unless specifically stated.By using our Service, you acknowledge and agree to this pricing policy and accept that it is your responsibility to stay informed about our pricing.

5. PAYMENT FEES

5.1 Fees and Billing: You agree to pay the Company the fees as outlined in the Order Form ("Fees") according to the terms specified therein.

Excess Use: If your usage of the Services exceeds the capacity set forth in the Order Form or incurs additional fees as per this Agreement, you will be billed accordingly and agree to pay these additional fees.

Fee Adjustments: The Company reserves the right to modify the Fees or institute new charges at the end of the Initial Service Term or the current renewal term. Any such changes will be communicated to you with at least thirty (30) days' prior notice, which may be delivered via email.

Billing Disputes: If you believe you have been billed incorrectly, you must contact the Company within 60 days from the date of the first billing statement where the discrepancy appeared to be eligible for an adjustment or credit. Please direct your inquiries to our customer support department.

.5.2 Invoice Billing and Late PaymentsInvoice Payments: The Company may opt to bill through an invoice. In such cases, the full payment is due upon your receipt of the invoice.

Late Payment Consequences: Unpaid balances will incur a finance charge of 1.5% per month on the outstanding amount or the maximum permitted by law, whichever is lower, plus all expenses of collection. Non-payment may lead to immediate termination of the services.

Taxes: You are responsible for all taxes associated with the Services, except for taxes based on the Company’s net income.

6. INTELLECTUAL PROPERTY
Ownership of the Service Service and Materials Ownership: Salesify owns and operates the Service. This includes all visual interfaces, graphics, design, compilation, information, data, computer code (both source and object code), products, software, services, and any other elements of the Service ("Materials"). Intellectual Property Rights: All Materials included in the Service are either the property of Salesify or our third-party licensors. We retain all rights to these Materials under intellectual property and other laws. Usage Restrictions: Your use of the Materials is strictly limited to the permissions explicitly granted by us under these TermsFeedback Provision Use of Feedback: If you provide us with input or suggestions regarding the Service ("Feedback"), you agree that we have the right to use and exploit this Feedback in any way. This includes, but is not limited to, improving the Service and developing new products and services. No Compensation: You acknowledge that you will not receive any compensation for the Feedback you provide, regardless of how we might use it.

7. CONTENT PROVIDED BY YOU AND OTHER USERS
When using our Service, you have the ability to record or transmit a variety of content, which we refer to as "User Content". This encompasses a range of materials, including messages, images, text, audio recordings (such as voice and musical works), comments, photos, and videos. It's important to note that this User Content may be visible or accessible not only to other users of our Service but also to third parties. Grant of License By contributing User Content to the Service, you're granting us a global, non-exclusive, royalty-free, fully-paid, and perpetual license, which also includes the right to sublicense. Under this license, we are permitted to host, store, transfer, display, reproduce, modify (specifically for the purpose of formatting for display), and distribute your User Content. This broad usage is necessary for us to effectively provide and enhance the Service. Additionally, this license extends to other users of the Service and any third parties with whom you might share your User Content, within the bounds of our Terms and the functional capabilities of the Service. Your Rights It's crucial to recognize that you retain your copyright and other proprietary rights in your User Content, with the exception of the specific rights you have granted in these Terms. Furthermore, by utilizing the Service for recording purposes, such as capturing portions of a Zoom call, you are expressly authorizing us to reproduce and store such content. This action is undertaken at your directive and consent.

Control Over Your ContentWe understand the importance of having control over your User Content. Upon your request for the deletion of any or all of your User Content, we will endeavor to remove it from the Services promptly and permanently.

Acknowledgements Regarding Content DeletionTime to Delete: Please be aware that there might be a delay in removing your User Content from the Service. During this period, your User Content may still be accessible or visible to other users.

Back-up Copies: Copies of your User Content may remain on our back-up servers even after deletion requests.

Data Deletion on UninstallWhen you uninstall or remove the Service from your device, we will permanently delete your User Content and any other data you have provided to us, unless we have your explicit consent to retain it.

Your Warranties for User ContentBy providing User Content through the Service, you make the following warranties to us.

Ownership and Rights: You either own your User Content or have all necessary licenses, rights, and consents to grant the licenses under these Terms.

No Infringement of Rights: Your User Content, and its use as contemplated by these Terms, does not and will not:Infringe, violate, or misappropriate any third-party right, including copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right.Slander, defame, libel, or invade privacy, publicity, or other rights of any person.Cause us to violate any law or regulation.

Content Appropriateness: Your User Content is not and will not be deemed by a reasonable person as objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Monitoring of User Content: We have a firm policy against copyright-infringing activities on our Service and do not permit such actions.

Editing and ControlNo Obligation to Edit or Control: Our role does not extend to editing or controlling User Content, nor are we obligated to monitor any third-party content on the Service.

Discretionary Monitoring: However, we reserve the right to review User Content to determine if it complies with these Terms. We may, at our discretion, screen, edit, or remove User Content at any time and for any reason.

Rights and ResponsibilitiesRight to Monitor: You acknowledge and agree that we may, from time to time, choose to monitor User Content. This monitoring may be done for various purposes, but we are not obligated to do so.

No Liability for Content: If we opt to monitor content, we still do not assume any responsibility or liability for the content itself or its use.

Use of Information During Monitoring: During any monitoring activities, be aware that information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

8. WARRANTY AND DISCLAIMER
The company uses reasonable efforts consistent with prevailing industry standards to minimize errors and interruptions in the Services. Services may be temporarily unavailable for scheduled or unscheduled maintenance by the Company or third-party providers, or due to causes beyond Company's control. Company will attempt to provide advance notice of service disruptions. However, there is no warranty that the Services will be uninterrupted or error-free. No warranty as to the results obtained from the use of the Services. Services are provided "AS IS," with the Company disclaiming all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. TERM & TERMINATION 
Terms are effective upon acceptance or first use of the Service, and end upon termination as described. Violation of Terms results in automatic termination of the user's authorization to access the Service. The Company can terminate these Terms, or suspend or terminate access to the Service, at any time, with or without notice. Users can terminate the Terms at any time by contacting help@salesify.ai. Salesify reserves the right to terminate or suspend your access to the service at any time and for any reason, including but not limited to: Violation of these Terms and Conditions. Non-payment of fees, if applicable. Suspicion of fraudulent or unauthorized activities. Disruption of our service or servers. Violation of applicable laws and regulations

10. CUSTOMER LOGOS, DESIGNS, AND MARKETING
Rights to Customer Art: You maintain all rights, titles, and interests in your logos, promotional graphics, and marketing designs (collectively, "Customer Art"). License to Company: You grant the Company a worldwide, royalty-free, non-exclusive license to use the Customer Art and your corporate/trade name for service fulfillment and marketing purposes. Collaboration for Client Case Study: During the Initial Term, you agree to collaborate with the Company to produce a client case study ("Study"). This collaboration may include providing your logo, testimonials, and data about your use of the Services. License for Study Use: You grant the Company a worldwide, fully-paid, royalty-free, non-exclusive license to use and publicly share the Study, including the Customer Art, testimonials, and service usage data

11. GOVERNING LAW 
Applicable Law: These Terms are governed by the laws of the United Arab Emirates, without regard to its conflict of law principles. Jurisdiction: Both you and Salesify agree to submit to the personal and exclusive jurisdiction of the courts located within Dubai, United Arab Emirates, for the resolution of any legal disputes that are permitted under these Terms. Service Operation: The Service is operated from our offices in the U.A.E. We do not represent that materials included in the Service are appropriate or available for use in other locations.

12. LIMITATION OF LIABILITY
Except for cases of bodily injury, the Company and its suppliers, officers, affiliates, representatives, contractors, and employees are not liable under any theory of liability (contract, negligence, strict liability, or other) for: Errors or interruption of use, loss/inaccuracy of data, or the cost of procuring substitute goods, services, or technology, or loss of business. Indirect, exemplary, incidental, special, or consequential damages. Matters beyond the Company’s reasonable control. Amounts exceeding the fees paid by the customer to the Company for the Services under this agreement in the 12 months prior to the act causing the liability, regardless of whether the Company was advised of the possibility of such damages.

13. MISCELLANEOUS 
Validity of Provisions: If any provision of this Agreement is found unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary, and the Agreement will remain in full force and effect. Assignment: This Agreement is not assignable or transferable by you without the Company’s prior written consent. The Company may transfer or assign its rights and obligations under this Agreement without consent. Complete Agreement: This Agreement constitutes the complete and exclusive statement of the mutual understanding between the parties. It supersedes and cancels all previous agreements, both written and oral. All waivers and modifications must be in writing, signed by both parties, except as provided herein. No Agency or Employment: This Agreement does not create an agency, partnership, joint venture, or employment relationship. You have no authority to bind the Company in any respect. Enforcement Costs: In any action to enforce this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Notice: Notices under this Agreement must be in writing. They are considered duly given when personally delivered, electronically confirmed if sent by facsimile or email, the day after being sent by overnight delivery, or upon receipt if sent by certified or registered mail. Governing Law: This Agreement is governed by the laws of the United Arab Emirates, without regard to conflict of laws provisions. Amendments: The Company may amend these Terms and Conditions, provided that such amendments do not detrimentally affect the rights of the Customer as contained herein.