Avoma

" At any time, you may choose (opt out) whether your personal information is (i) to be disclosed to a third party, other than to third parties who act as our agents to perform tasks on our behalf and under our instructions, or (ii) to be used for a purpose that is materially different from the purposes for which it was originally collected, pursuant to this policy, or subsequently authorized by you or (iii) unsubscribe our mailing lists, newsletters or disable your account. You may exercise your choice by sending us an opt-out request to: help@avoma.com . However, we may store and continue using or making available certain personal information that is related to you. For further information, please read the Data Retention section in this policy. Note that if your personal information is included in the content that was provided to the Service by one of our Customers. You may want to contact the Customer who provided that content and request that your personal information is removed. Some web browsers offer a “Do Not Track” (“DNT”) signal. A DNT signal is a HTTP header field indicating your preference for tracking your activities on the Website or through cross-site user tracking. Our Website does not respond to DNT signals."

" When using the Service in conjunction with other third-party services, you will comply with the terms of service of such third-party services. We shall not be liable for any termination, breach of terms, or suspension of service resulting from your use of the Services. You may not access or use the Service if you are a direct competitor of Ours. or for monitoring the Service’s availability, performance, or functionality, or for any other benchmarking or competitive purposes. Avoma reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, deleting the offending Content and suspending the Avoma accounts of violators, or blocking one’s access and use of the Services until the violation has been cured. Avoma does not control the content of the Recording and does not guarantee the accuracy, integrity, or quality of the Transcript. Under no circumstances will Avoma be liable in any way whatsoever for the Recording. If there should arise a dispute between you and any other user of the Services, Avoma is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion."

" You assume full responsibility for your and your Users’ use of the Service in accordance with this Agreement and with applicable local, state, federal, national, and international laws, regulations, and treaties, and warrant that you have obtained all rights to provide us with all of the Content. You will not, and ensure that your Users will not, use the Services or Content for any use or purpose that: (i) is obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism, or any similar offense; (ii) infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or another intellectual property right, moral right, or right of publicity); (iii) is in violation or may encourage any manner of acting that would violate any applicable local, state, national and foreign laws, treatises and regulations; or (iv) may drive or encourage any third party to do any of the above. You will not, and will ensure that your Users will not: (i) use the Service for non-business calls or abuse the Service; (ii) resell, transfer, grant others permission to use the Service, pledge, lease, rent, or share your rights under this Agreement (including without limitation to any of your affiliates); (iii) modify, remove or amend Our name or logo, update, reproduce, duplicate, copy all or any part of the Service; (iv) make any of the Service available to anyone other than your employees and consultants for use for your benefit as intended pursuant to this Agreement, or use any Service for the benefit of anyone other than you; (v) use the Service in any way that restricts or inhibits the use of the Service; (vi) access or attempt to access any of our systems, programs"

" UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION OR OTHERWISE. IN NO EVENT WILL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS TOU OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES YOU HAVE PAID TO AVOMA IN THE LAST TWELVE (12) MONTHS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you. The exclusions and limitations set forth above shall not apply to claims or allegations arising from (a) a party’s gross negligence or willful misconduct; (b) Avoma’s breach of its security or confidentiality obligations herein; (c) a party’s indemnification obligations herein; or (d) a party’s breach of the other party’s intellectual property rights."

" We use the personal information we collect and receive to provide the Service, to enable the Service’s tools and features, to study and analyze the functionality of the Service, to provide support, to measure Service activity for pricing purposes, to maintain the Service, to make it better and to continue developing the Service. We may use the Customer’s email address to contact the Customer when necessary, to send Customer reminders, and to provide Customer information and notices about the Service. We may include commercial and marketing information. We obey the law and expect you to do the same. If necessary, we may use your identifiable information to enforce our terms, policies, and legal agreements, to comply with court orders and warrants, and lawful requests by public authorities, assist law enforcement agencies (including to meet national security requirements), to collect debts, prevent fraud, misappropriation, infringements, identity thefts, and any other misuse of the Service, and to take any action in any legal dispute and proceeding. We commit to process personal information solely for the purposes described in this policy. To the extent relevant and possible, we will make efforts to maintain the information accurate, complete and up-to-date."

" Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and called “Persistent Cookies”. We use both types. We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Service. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Service’s features and tools. Every browser allows you to manage your cookies preferences. Please bear in mind that disabling cookies may complicate or even prevent you from using the Service."

" We may use analytics tools, including Google Analytics, HubSpot, FullStory, Segment, Mixpanel. These tools help us understand users’ behavior on our sites and applications, including by tracking page content, and click/touch, movements, scrolls, and keystroke activities. The privacy practices of these tools are subject to their own policies and they may use their own cookies to provide their services. For further information about cookies, please see the ‘Cookies’ section in this policy. Further information about the privacy practices of our analytics service providers is available at: https://www.google.com/policies/privacy/partners/; https://amplitude.com/privacy/archive/2023-09; https://segment.com/docs/legal/privacy/; https://legal.hubspot.com/privacy-policy; https://www.fullstory.com/legal/privacy/; https://mixpanel.com/legal/privacy/; and https://help.june.so/en/articles/6823521-privacy-policy. From time to time, we may use additional or alternative analytics services. We will provide a notice of these changes on our website, and to our Customers through email or other available electronic means. We use anonymous, statistical or aggregated information, which may be based on extracts of your personal information, for legitimate business purposes including for testing, development, control and operation of the Service. We may share such information with our partners. It has no effect on your privacy, because there is no reasonable way to extract data from the aggregated information that can be associated with you. We will share your identifiable information only subject to the terms of this policy, or subject to your prior consent."

" We and our hosting services implement systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Service will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse."

" As a user, you may log in to the Service, including through our Website. We will ask you to provide personal information, including your name, your company name, and your email address. When you, or someone on your behalf, contact us we may receive and process any personal information that you provide us. This information can be used to provide the Service or to contact or identify you. Personal information may include but is not limited to, your name, email address, and telephone number. When you use our Service to record, transcribe, analyze and share the recordings of web conferencing meetings and dialer phone calls and take notes for those meetings and calls, collectively Content, may contain personal information. Such data processing is also governed by our Data Processing Addendum (DPA)."

" In order to access and use the Services: You will be required to register on a registration form which will require you to provide personally identifiable information such as your e-mail address (your “User ID”). We reserve the right to refuse registration of, or to cancel, a User ID at our discretion. Our use of any personally identifiable information you provide to us as part of the registration process (and otherwise) is governed by the terms of our Privacy Policy . You agree to notify Avoma immediately of any unauthorized use of your account or any other breach of security by emailing to: help@avoma.com "

" Subject to the restrictions on use set forth in the Terms, you may use Avoma and the Services to: Avoma enables you to record the conversation that takes place in a web conferencing meeting (“Meeting”) or a call using a phone or dialer service (“Call”), which is retained in an audio and or video file (“Recording”), convert it into text form (“Transcript”), extract discussion points (“Notes”), identify different trends (“Insights”) - together with all other information data that you make accessible to Us is “Content”. We provide you a right and permission to use the Service subject to a valid subscription, pursuant to the terms of the agreement, or subject to free evaluation terms, as further detailed below. Upon your subscription to the Service, We will grant you access to the Service or certain parts of it, which will allow you to add end-user accounts (“Users”) and to control or manage certain features of the Service. Your Users’ access to the Service is limited and personal. We use commercially reasonable efforts to maintain the highest Service availability. However, We cannot guarantee that the Service will operate in an uninterrupted or error-free manner. We perform Service maintenance and use commercially reasonable effort to schedule Our system downtime to off-peak hours and to avoid service interruptions and delays. We may make the Service or any part of it available to you on an evaluation basis until the earlier of (i) the end of the applicable evaluation period pursuant to the Sales agreement, (ii) your purchase of a Service subscription, or (iii) any termination of the evaluation by Us for any reason, or for no reason at all, by sending you a termination notice with immediate effect."

" From time to time, we may update this policy. If the updates have minor if any consequences, they will take effect 7 days after we post a notice on the Website. Substantial changes will be effective 30 days after our notice was initially posted. Note that if we need to adapt the policy to legal requirements, the new policy will become effective immediately or as required."

" Except as otherwise provided herein, modification, amendment, or waiver of any provision of the TOU will be delivered in writing to the party or parties against whom the modification, amendment, or waiver is to be asserted. Avoma will use the email address ( your “User ID”) on file to deliver such changes.  These TOU will also govern any upgrades and/or updates provided by Avoma that upgrade and/or supplement Avoma and the Services unless the parties mutually agree to separate terms for such upgrades and/or updates."

" Upon completion of any applicable free trial period for the Services, you will be required to select a payment plan. Depending on your chosen payment method, you will either need to provide your credit card details along with associated personal information, arrange payment via ACH bank transfer, or request invoicing. You agree to ensure that all billing and contact information provided to Avoma is accurate and kept up-to-date in your Avoma services account. If you choose to pay via credit card, you hereby authorize Avoma to bill your credit card periodically in advance according to your selected payment plan, including any applicable credit card processing charges. If you select ACH transfer or invoicing, you agree to remit payments according to the payment schedule and terms outlined in your payment plan or invoice. For credit card payments, if you dispute any charges, you must notify Avoma within sixty (60) days of the billing date. For payments made via invoice or ACH transfer, disputes regarding any charges must also be communicated to Avoma within sixty (60) days of receipt of the relevant invoice or payment confirmation. We reserve the right to change Avoma  payment plans and fees and in such event will notify you of such plan and/or fee change on the Site and in an email sent to you (at the last email address we have for you in Avoma’ records) at least 30 days before the change is to take effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the changed fee. "

" Throughout the Site, we sometimes provide links to websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement, guarantee, approval, or sponsorship of such websites or the information, products, or services offered on or through such websites. Nor do we warrant that these websites will not contain viruses or otherwise impact your computer or mobile device. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the web sites linked to by us on the Site. You should direct any concerns regarding any externally linked web site to its site administrator or webmaster."

" You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Services via your computer or mobile device. You acknowledge that third party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Services, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees."

" EXCEPT AS EXPLICITLY STATED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOMA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT."

" To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Avoma and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your meeting content, any breach by you of these TOU, or your violation of any rights of another. To the maximum extent permitted by law, Avoma agrees to release, defend, indemnify and hold Customer and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of a claim that your access to and use of the Services infringes on a third party’s intellectual property rights or any breach by Avoma of these TOU."