Effective Date: May 25, 2021
AUTO-RENEWAL NOTICE: SOME OF ALAN AI’S SUBSCRIPTIONS FOR VOICE SERVICES ARE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please see other terms below in Section 4 (“Fees”) regarding your subscription to the Voice Services, including with regard to terminating your subscription.
“Alan Platform” means the platform that delivers the Voice Services.
“Content” means, collectively, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, and computer code in the Services.
“Customer” means the entity that enters into this Agreement and subscribes to Voice Services.
“Customer Data” means any data, information, or material that Customer’s Users submit to the Voice Services in the course of using the Voice Services.
“Customer Site” means Customer’s application or website that integrates the Alan Platform.
“GDPR” means the European Union’s General Data Protection Regulation.
“Linked Sites” means any links from the Services to other independent third-party websites.
“Services” means, collectively, the Voice Services, Alan AI’s applications, training materials and the Website.
“Submission” means any submission, feedback, comments, or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag).
“Users” means Customer’s authorized users and personnel who utilize the Alan Platform via the Customer Site.
“Voice Services” means voice-to-text processing and voice overlay services that are integrated into a Customer Site but excludes the Customer Site and the Customer content on the Customer Site.
The term “you” means Website visitors, Customer, and the individual accepting these Terms of Service on behalf of any legal entity.
“Website” means Alan AI’s website located at www.alan.app.
License. Alan AI hereby grants to Customer, for the term of Customer’s Voice Services subscription, a non-exclusive, non-transferable, non-sublicensable right and license to use the Voice Services and integrate the Voice Services into the Customer Site for use solely by its authorized Users, subject to the terms of this Agreement. Alan AI reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder and the provisions related to open source components.
Use of Services; Acceptable Use Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Alan AI, Inc., 1290 Reamwood Avenue, Suite B, Sunnyvale, CA 94089.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such an investigation.
Term; Suspension; Termination
Disclaimers; Limitation of Liability
Indemnity. You agree to indemnify and hold Alan AI harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Alan AI by any third party (including any governmental or regulatory authority) due to or arising out of or in connection with: (a) your access to or use of the Services; (b) your violation of these Terms of Service or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party (including your Users).
Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of California excluding (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. The prevailing party in any dispute, whether or not suit is brought, shall be entitled to an award of its reasonable attorneys’ fees actually incurred. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF SERVICE OR USE OF THE SERVICES.
Users Outside of the United States.
Please contact us if you have any questions about our Terms of Service. You may contact us by sending correspondence to the address below or by emailing us at email@example.com.
Alan AI, Inc.
1290 Reamwood Avenue, Suite B
Sunnyvale, CA 94089