Terms of Service
Last Updated: May 20, 2024
These Terms of Service ("Terms") govern your access to and use of the online service, website, and software provided by AmpUp AI ("AmpUp", "we", "us", or "our"), operated by A79, Inc., a Delaware corporation (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Services
AmpUp provides an AI-powered sales performance intelligence platform that delivers coaching, training, and analytics services to help sales teams improve their performance. Our Services include, but are not limited to:
- AI-powered sales coaching and training
- Voice agent interactions and roleplay scenarios
- Meeting preparation and performance analytics
- Sales pattern recognition and insights
- Integration with third-party sales tools and platforms
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Account Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
4. Use of Services
4.1 Permitted Use
You may use the Services solely for lawful business purposes in accordance with these Terms. You agree to use the Services only for their intended purpose and in compliance with all applicable laws, rules, and regulations.
4.2 Prohibited Activities
You agree not to:
- Use the Services in any way that violates any applicable law or regulation
- Attempt to gain unauthorized access to the Services or any related systems or networks
- Interfere with or disrupt the integrity or performance of the Services
- Use the Services to transmit any malicious code, viruses, or harmful data
- Reverse engineer, decompile, or disassemble any portion of the Services
- Use the Services to compete with AmpUp or to build a competitive product or service
- Remove, alter, or obscure any proprietary notices or labels on the Services
- Use the Services to collect or store personal data about other users without their consent
5. Intellectual Property Rights
5.1 Ownership
The Services, including all content, features, functionality, and technology, are owned by AmpUp and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in or to the Services or any content contained therein.
5.2 User Content
You retain ownership of any content, data, or information you provide to the Services ("User Content"). By providing User Content, you grant AmpUp a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing and improving the Services.
5.3 Feedback
If you provide any feedback, suggestions, or ideas about the Services, you agree that AmpUp may use such feedback without any obligation to compensate you and that AmpUp may incorporate such feedback into the Services without restriction.
6. Payment Terms
6.1 Fees
Certain features of the Services may require payment of fees. You agree to pay all fees associated with your use of the Services in accordance with the pricing terms presented to you at the time of purchase. All fees are non-refundable unless otherwise stated.
6.2 Billing
Fees will be billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise agreed. You authorize us to charge your payment method for all fees due. If payment is not received by the due date, we may suspend or terminate your access to the Services.
6.3 Price Changes
We reserve the right to change our pricing at any time. We will provide you with reasonable notice of any price changes. Price changes will apply to subsequent billing periods.
7. Data and Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.
8. Third-Party Services
The Services may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is subject to their respective terms and conditions.
9. Disclaimers and Limitations of Liability
9.1 Service Availability
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.
9.2 Limitation of Liability
To the maximum extent permitted by law, AmpUp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Services.
9.3 Maximum Liability
In no event shall AmpUp's total liability to you for all claims arising out of or relating to the Services exceed the amount you paid to AmpUp in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless AmpUp and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another party.
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us at [email protected] or through your account settings, if available.
11.2 Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause or notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
11.3 Effect of Termination
Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. We may delete your account and any User Content associated with your account. Provisions that by their nature should survive termination shall survive termination.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AmpUp regarding the Services and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Company: A79, Inc.
Address: [Your Business Address]