These Terms of Service ("Terms") govern access to and use of the AgentTalkIQ website and platform (the "Service") provided by AgentTalkIQ ("AgentTalkIQ," "we," "us," or "our"). By using the Service, or by accepting an order form or other agreement that references these Terms, you agree to them on behalf of yourself and the organization you represent (the "Customer"). If a signed agreement between the Customer and AgentTalkIQ conflicts with these Terms, the signed agreement controls.
The Service
AgentTalkIQ is a business-to-business conversation intelligence service. It ingests recorded calls from sources the Customer connects or uploads, transcribes them, analyzes the conversations, and presents scores, summaries and coaching insights to authorized users. Features may change as we improve the Service.
Accounts
The Customer is responsible for the people it authorizes to use the Service ("Users"), for keeping sign-in credentials confidential, and for all activity under its accounts. Tell us promptly if you believe an account has been accessed without permission.
Customer data
As between the parties, the Customer owns the recordings, transcripts, records and other content it provides or that the Service generates from them ("Customer Data"). The Customer grants us the rights needed to host, copy, transmit, transcribe, analyze and display Customer Data to provide, secure and support the Service. We handle personal information in Customer Data as described in our Privacy Policy and any data processing terms we have agreed with the Customer.
Customer responsibilities
The Customer is responsible for having the right to provide Customer Data to us and for complying with laws that apply to its calls and its use of the Service. This includes:
- Giving every notice and obtaining every consent required by federal and state law to record calls and to have them transcribed and analyzed, including in states that require the consent of all parties.
- Complying with telemarketing, consumer protection, employment and privacy laws that apply to its business.
- Deciding whether its calls contain information that requires special handling, such as payment card, health or government identification information, and using the Service in a way that meets those requirements.
Acceptable use
You may not:
- Use the Service for unlawful purposes, or to record or analyze conversations without the legally required notice or consent.
- Attempt to access accounts or data that do not belong to you, or to probe, disrupt or circumvent the security of the Service.
- Reverse engineer, copy or resell the Service, or use it to build a competing product.
- Upload malicious code, or overload the Service with automated traffic.
Automated analysis
Transcripts, scores, summaries and other outputs are produced by automated systems and may be incomplete or inaccurate. They are provided to support human review and coaching. They are not legal, compliance or employment advice, and the Customer is responsible for decisions it makes using them, including decisions about its employees.
Third-party services
The Service connects with third-party products, such as call platforms and customer-relationship systems, that the Customer chooses to enable. Those products are governed by their own terms, and we are not responsible for them. We access them only as needed to provide the integration the Customer enables.
Fees
Fees, billing terms and subscription periods are set out in the Customer's order form or other agreement with us.
Confidentiality
Each party will protect the other's non-public business information it receives through the Service with reasonable care, and use it only to perform under these Terms.
Our intellectual property
We own the Service, including its software, models, design and documentation. These Terms do not transfer any of our intellectual property to you. If you send us feedback, we may use it without obligation to you.
Suspension and termination
We may suspend access if we reasonably believe use of the Service violates these Terms or the law, or threatens the security of the Service or other customers; we will tell the Customer and restore access when the issue is resolved. Either party may end the relationship as provided in the Customer's agreement. When it ends, the Customer may ask for an export of its Customer Data within a reasonable period, after which we delete it as described in our Privacy Policy.
Disclaimers
Except as expressly stated in a signed agreement, the Service is provided "as is" and "as available," and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Each party's total liability arising out of these Terms is limited to the amounts the Customer paid us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to a party's indemnification obligations or to the Customer's payment obligations.
Indemnification
The Customer will defend and indemnify AgentTalkIQ against third-party claims arising from Customer Data, including claims that calls were recorded or submitted without required notice or consent, or from the Customer's violation of these Terms or applicable law.
Governing law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Ohio for any dispute arising from these Terms.
Changes to these Terms
We may update these Terms from time to time. We will change the "Last updated" date above and, for material changes, give Customers reasonable advance notice. Continued use of the Service after changes take effect means you accept them.
Contact us
Questions about these Terms can be sent through the contact form on our home page.