Terms and Conditions

Introduction

These terms of service (“Terms”) govern your use of IntelousAI’s websites and services (the “Services”) and allow you to access them. Before using the Services, please read these terms carefully.

These Terms will be binding upon you if you use the Services. If you use the Services for the organization of another person, you agree to these Terms and represent that you have the authority or the power to bind the organization to these terms. In this case, the terms “you” or “your” refers to the organization.

These Terms govern your use of the Services. Only you can use the Services if IntelousAI has given you the legal power to enter into a contract. As we improve features and functionality, the Services will evolve. The Services may be terminated, suspended, or modified at any time, without prior notice or cause. Any content or data may be deleted from the Services by us at any time.

Your Data

To use our Services, you will need to link an email account from a third party to your IntelousAI account. We will update and create your sales leads, contacts, opportunities and accounts for you to view in IntelousAI with your permission. Later, you can upload files, send emails or make calls through IntelousAI. Your Data remains yours in full ownership. None of your Data is ours.

Your conduct and the content of Your Data, as well as your communications with other users of the Services are your sole responsibility. It is your responsibility, for example, to ensure you have the rights and permissions necessary to comply with these Terms.

IntelousAI does not have any obligation to monitor the Services. We are not responsible for Your Data, or any other information you might be able access through the Services.

Sharing your data and protecting your privacy

Except for the very limited exceptions in our Privacy Policy and until you decide otherwise, all Your Data is visible only to you. The Services allow you to share Your Data. We cannot take responsibility for the actions of other users if you choose to share Your Data. Please consider carefully what and with whom you share your data.

If you or your authorized users choose to share your data through a third-party product or integration, you are responsible for any actions that the third party takes with your Data. The Third Party Product’s effects on your Data may include deleting or corrupting it. IntelousAI does not assume any responsibility for Your data being disclosed by You, Your agents (including Your Authorized User), or any third party effects on your Data.

Our Privacy Policy explains what we do with Your Data and how we use any other information that relates to you.

Your Responsibilities

The intellectual property rights of others may protect information and content available through the Services. If you are not allowed to copy, upload, down load, or share any content or information, please do not do so. IntelousAI will not be held responsible for any content you share, upload, download, or use in connection with the Services. You cannot upload any spyware or other malicious software to the Service.

IntelousAI is not responsible for protecting and maintaining all of Your Data. IntelousAI is not responsible for any loss, corruption or costs associated with backing up and restoring Your Data.

You must promptly notify us if any information relating to your account changes. We will keep your information current. You must be at least 18 years old to use the Services. You are certifying that you are at least 18 years old by agreeing to these Terms.

IntelousAI Software and Services is subject to all trade laws and regulations in the United States and other nations, including the Export Administration Regulations (15 CFR Part 730 et cetera). The Office of Foreign Assets Control (OFAC) administers the sanctions programs.

These laws and regulations prohibit you from using the Software or Service for any purpose, including to import, export, reexport, transfer, or use it in any other way than is necessary. You represent and warrant that the Software and Services are not available in such countries or on such lists.

You agree not to engage in any activity that could cause IntelousAI violation of these laws or regulations. IntelousAI will also indemnify you for any fines, penalties, or other liabilities incurred because IntelousAI failed to follow this provision.

If your IntelousAI Service subscription allows you to use IntelousAI Voice, or to otherwise use IntelousAI Voice, you understand and agree that: (a) IntelousAI Voice and any Service are not intended to carry or support emergency calls to any public safety answering points. (b) We will never be held responsible for any claim, damages, or loss, and You hereby waive all such claims and causes of action. IntelousAI can disable Your phone number if it is not used or substantially underutilized for 60 days or if your subscription to the service, account or rights to access/or use the service are terminated or cancelled. IntelousAI Voice may be subject to additional fees and charges. These include, but are not limited to, the applicable phone call rates on the IntelousAI Service Site.

In providing the IntelousAI Voice service, and in processing customer data, we will adhere to all U.S. federal and state laws. We reserve the right to disclose any information necessary to comply with any law, regulation or legal process. IntelousAI Voice is your sole responsibility. You must ensure that IntelousAI Voice operates in compliance with all laws. This includes wiretapping and telephone recording laws. These laws require you to notify the other party at the beginning of any recording. Before making any recording, you must obtain the consent of the other party. It is important to obtain consent prior to recording.

IntelousAI expressly warrants and represents that you will adhere to the above laws, regulations, and rules when using IntelousAI Voice and any other IntelousAI Service.

IntelousAI, its directors, owners and employees, as well as its vendors, will indemnify, defend, and hold harmless you from any liabilities, losses and claims, damages, causes or actions, costs or expenses (including attorney’s fees) resulting from or in connection to your actions or omissions regarding call recordings. This includes claims arising under contract, tort or any other legal theory.

IntelousAI Voice offers features that will help you comply with call recording laws and regulations, but we make no warranties or representations regarding call recording.

Account Security

The password you use to access the Services is your responsibility. You agree to not share your password with any third parties. All activity that is done through your account is your responsibility, regardless of whether you have authorized it. IntelousAI should be notified immediately if you suspect that your account has been misused. It is your responsibility to ensure that Your Data is protected when you transmit it to IntelousAI.

Software and Updates

You may need to download client software packages (“Software”) for certain parts of our Service. IntelousAI grants you a limited, nonexclusive and nontransferable, nonsub licensable, revocable licence to the Software to access the Services. If you violate these Terms, your license will automatically be revoked. All rights not specifically granted by these Terms are reserved. You are prohibited from trying to reverse engineer the Software, or encouraging or assisting anyone else to do so. However, this restriction does not prevent reverse engineering for interoperability within the European Union in any way that European Union law prohibits. Services can automatically update your Software when a new version is available.

Feedback

We appreciate feedback from users. However, we (or others that we authorize) can use any feedback, comments or suggestions you provide in our forums without any obligation.

Acceptable Use Policy

You will not use the services to violate any laws, rights, or other persons’ rights. Additionally, you will not misuse the Services in any way.

Copyright Policy

IntelousAI respects the intellectual property rights of others. We ask that you also do so. Notices of alleged copyright violation will be responded to if they are in compliance with the law and properly submitted to us. These notices should be submitted using our DMCA Process. We may remove or disable access to infringing content and terminate repeat violators without limiting any other rights that we may have.

The designated agent to notify us of any alleged copyright infringements on the Services is:

Alexander Hay

909, Silber Road #59, Houston TX 77024

1 (415) 361-4080

Other Content

Links to other websites and resources may be included in the Services. We don’t endorse these websites or resources and we are not responsible for their content, accuracy, availability, quality, products, or any other aspect. These websites and resources are your responsibility. If we provide software under an open-source license to you, it is possible that there are provisions in those licenses which conflict with these Terms. In such cases, the open source provisions will govern the code.

Termination

Our Services can be stopped at any time. We reserve the right to terminate or suspend the Services in whole or in part at any moment, with or with out cause and without notice, and without any liability. If you violate these Terms or use the Services in a way that could cause us to be sued, disrupt the use of others, damage our reputation or business, or any other reason, we can suspend or terminate you use. We will notify you in advance if we suspend or end your use. However, there might be cases (for instance, repeatedly or flagrantly violating the Terms, a court order or danger to other users) that we can suspend or terminate your access immediately. If your access to the Service is terminated or suspended, you may lose access to any of Your Data stored on the Service.

IntelousAI is available “as-is”, though we strive to offer a great service. However, we cannot make any legal commitments. The services and software are provided “as-is” without any express or implied warranties. IntelousAI is not responsible for any damage to your computer, loss of corruption of data, or any other harm that may result from the access or use of the software or services. You may not be able to use the disclaimers contained in this paragraph because some states don’t allow them.

Limitation on Liability

IntelousAI, its officers, employees and agents, as well as its suppliers, affiliates, agents, suppliers, and licensors, will not be held liable to any person for any indirect, special or punitive damages. This applies regardless of whether IntelousAI was warned about the possibility of such damages or not. You may not be able to use the limitations described in this paragraph because some states don’t allow them.

IntelousAI and any of its employees are also liable if we assist you in any stage of your account setup, or with any other troubleshooting. This includes attaining email connectivity. We have access to your private data including prospect information and email metadata. IntelousAI allows you to grant IntelousAI representatives permissions when necessary. We reserve the right to help in these ways at our discretion and will keep your information confidential according to our privacy policy.

Modifications

These Terms may be updated from time to time. The most recent version of these Terms will always be available on our website. Any changes will be notified to you via email to your email address or a notification at sign-in or any other method. You agree to the revised Terms by continuing to use or access the Services after the revisions are effective. You can refuse to accept the revised terms by simply not using the Service following the effective date of the revisions.

Miscellaneous Legal Terms

Except for the conflicts of laws principles, these terms and the use and enjoyment of the software and services will be governed exclusively by Delaware law. All claims arising from or relating hereto or the services and software must be litigated only in the Delaware federal and state courts. Both parties agree to venue and personal jurisdiction.

These Terms are the complete and exclusive agreement between IntelousAI and you with respect to the Services. They supersede or replace all other agreements, terms, conditions, and conditions. These Terms do not grant any third-party beneficiary rights. IntelousAI does not waive its right to enforce any provision. The remaining provisions of this Agreement will continue to be in effect if a provision is deemed unenforceable. A new enforceable term will replace it to reflect our intent. These Terms do not allow you to assign any rights. IntelousAI can assign its rights and obligations, as well as any affiliates, subsidiaries or successors in interest, to any business or assets that are associated with the Services.