LEADSQUARED – AI TERMS OF SERVICE
[Last Updated: September 26, 2024]
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND CONFIRM YOUR ACCEPTANCE BEFORE AVAILING OUR SERVICES
These AI Terms of Service apply when you use the AI enabled services, software, tools, documentation, content, functionalities (collectively called “AI Services”) provided by LeadSquared. These terms are a legally binding agreement between you and LeadSquared.
We request you to read the terms below carefully before confirming your acceptance thereof. Upon your acceptance, these Terms of Service form a legally binding agreement between you and LeadSquared. Our Services are available to you only upon your acceptance of these Terms of Service.
In case any of the terms are not acceptable to you, please do not proceed to use any of our Services. BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY ALL THE APPLICABLE TERMS OF SERVICE.
We periodically update these terms and we will let you know when we do through notification within the LeadSquared Application used to access your Subscription Services (if you have one), and by posting a revised copy on our website. You agree to review these Terms of Service on a regular basis and always remain in compliance.
1. DEFINITIONS
1.1. “LeadSquared“, “we“, “us” or “our” shall mean:
1.2. in case you are a Customer based in India, MarketXpander Services Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at No. 33, Sector-6, HSR Layout, Bangalore – 560102; or
1.3. in case you are a Customer based in any other jurisdiction, LeadSquared Inc., a United States corporation with its registered office at No. 510 Thornall Street, Suite 210, Edison, NJ-08837, United States of America.
1.4. “You“, “your” or “Customer” shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services. Customer’s details, including name of the contracting entity and the authorized representative, are as provided in the accompanying Order Form.
1.5. Any terms not defined herein shall have the similar meaning as the LeadSquared Terms of Service available at: https://www.leadsquared.com/leadsquared-terms-of-service/.
2. LICENSE
2.1. During the Subscription Term, we will grant the Customer a non-transferable, non-exclusive, worldwide right to permit Users authorized by the Customer to access and use the AI Services for its internal business purposes in accordance with these AI Terms of Service, the relevant Order Form and all laws and regulations applicable to the Customer. The Customer shall not use the right granted hereunder or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication. The Customer understands and acknowledges that the AI Services is not mandatory or integrated by default, and the LeadSquared Platform may be used without enabling the AI Services.
3. OWNERSHIP AND PROPRIETARY RIGHTS
3.1. LeadSquared Rights
3.1.1. We own or have rights to all worldwide intellectual property rights in and to the LeadSquared Platform and the Services (including all customizations, derivatives, adaptations or improvements thereof), and all copyrights, patents, trademarks, service marks and trade secrets in relation thereto, whether registered or not. All suggestions, enhancement requests, feedback, recommendations or other inputs provided by you or any other party relating to the LeadSquared Platform or Services shall be owned by us, and you hereby assigns, perpetually and worldwide, free of royalties or any payments, all rights in the same in favour of us and shall, at our expense execute such documents as are necessary to accomplish the foregoing ownership. Such assignment shall not lapse, notwithstanding that we do not make use of the same within the timelines prescribed by law, if any. Any rights not expressly granted herein are reserved by us.
3.2. Customer Rights
3.2.1. You shall have ownership rights over all Customer Data and you hereby grant us and our licensors the worldwide, limited, non-exclusive license to access and use the same for the purpose of rendering the Services. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to collect and use the Customer Data.
3.3. Using Customer’s name and logo
3.3.1. You hereby permit us to use your name, website address and logo in our marketing material including website, email campaigns, brochures etc. during and after active engagement.
4. CONTENT
4.1. The output insights generated and returned by the AI Services (“Output”) are based on the metadata processed on and through the LeadSquared Platform (“Input”). The Input and Output shall collectively be referred herein as “Content”. The Customer is solely responsible for ensuring that the Content complies with applicable laws and these AI Terms of Service. As between the Parties and to the extent permitted under applicable laws, the Customer is the owner of the Input and is hereby granted rights, title and interests in and to the Output. The Content may be used for any legal and lawful purpose, including commercial purposes and publication, at Customer’s own risk.
5. ACCURACY
5.1. LeadSquared makes no guarantees regarding the accuracy of any Output generated by the AI Services. Due to the probabilistic nature of machine learning and AI, the use of our AI Services may, in some cases, lead to incorrect Output that may not accurately represent the intended action. It is the Customer’s responsibility to assess the accuracy of any Output and not rely on LeadSquared for this evaluation.
6. PRIVACY AND SECURITY
6.1. We shall adopt and maintain industry standard organizational and technical safeguards for the protection of the security, confidentiality and integrity of Customer Data. We shall process the Input only for the purpose of rendering the Services, as per the privacy policy set forth at leadsquared.com/privacy-policy.
6.2. We shall implement strict data segregation protocols to ensure that each Customer’s data is logically segregated using access control mechanisms preventing cross-account data leakage. This ensures that no Customer data can be viewed, accessed, or processed by another Customer, maintaining the confidentiality and integrity of all users’ information.
6.3. By using the Service, Customer agrees to the localisation of their data within India as required by law.
7. DISCLAIMERS
7.1. The AI services provided by LeadSquared are offered on an “as-is” and “as-available” basis. LeadSquared makes no representations or warranties of any kind, express or implied, regarding the suitability, reliability, availability, timeliness, security or accuracy of the AI services or data made available/generated from the AI Services. By using the AI Services, you acknowledge that any reliance on the information provided by the AI Services is solely your responsibility.
7.2. LeadSquared expressly disclaims any and all liability arising in any way from the use of the AI Services or any errors or omissions contained in the Content. errors or omissions in the AI Services output, and you agree to indemnify and hold LeadSquared harmless from any and all claims arising from your use of the AI Services. LeadSquared does not guarantee that the AI services will meet your specific needs or that they will be error-free, uninterrupted, or free from defects.
8. LIMITATION OF LIABILITY
8.1. IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS OR ANY OF ITS AFFILIATES, BE LIABLE FOR: (I) LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUE, LOSS OF REPUTATION OR GOODWILL, IN EACH CASE WHETHER ACTUAL OR ANTICIPATED; (II) LOSS, THEFT OR CORRUPTION OF DATA; AND (III) ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICEOR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILITY HEREUNDER (OTHER THAN FOR PAYMENT OF FEES DUE) EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO LEADSQUARED IN THE 6 (SIX) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH CLAIM OR USD 5000 (US DOLLARS FIVE THOUSAND ONLY), WHICHEVER IS LESSER.
9. FEEDBACK
9.1. You may provide your feedback regarding the AI Feature (“Feedback”) to support@leadsquared.com. The Feedback shall include Feedback on the performance, features that may be missing, and any bugs encountered during the use of the AI Services. All suggestions, enhancement requests, feedback, recommendations or other inputs provided by you or any other party relating to the LeadSquared Platform or Services shall be owned by us, and you hereby assigns, perpetually and worldwide, free of royalties or any payments, all rights in the same in favour of us and shall, at our expense execute such documents as are necessary to accomplish the foregoing ownership. Such assignment shall not lapse, notwithstanding that we do not make use of the same within the timelines prescribed by law, if any. Any rights not expressly granted herein are reserved by us.
10. DISPUE RESOLUTION
10.1. Any claim, cause of action or dispute that arises out of or relates to these AI Services is subject to the disputes resolution clause in the LeadSquared Terms of Service.
11. ENTIRE AGREEMENT
11.1. These AI Terms of Service, including its annexures and any additional Order Forms, modifications or addenda that may be entered into from time to time constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Any additional or different terms set out in a purchase order or any future correspondence shall not be binding on LeadSquared. Any modification to an Order Form shall be in writing and mutually agreed to by the Parties.
12. ORDER OF PRECEDENCE.
12.1. In the event of any conflict between these AI Terms of Service and the terms of an Order Form, the Order Form shall prevail solely with respect to the subject matter thereof.
CONTACT INFORMATION
You can contact us at legal@leadsquared.com.
