Terms of Use
Last updated: December 26, 2024
1. Acceptance of Terms
By accessing or using the Apexia Labs platform and services ("Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Apexia Labs.
2. Description of Services
Apexia Labs provides an AI-powered real-time sales assistant platform that includes:
- Real-time conversation transcription
- AI-powered objection detection and handling suggestions
- Sentiment analysis and emotional intelligence insights
- Compliance monitoring and alerts
- Competitor battle cards and product information
- Administrative portal for team management
- Analytics and reporting features
3. Account Registration
To access certain features of the Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Subscription and Payment
4.1 Subscription Plans
We offer various subscription plans with different features and pricing. Details of current plans are available on our pricing page.
4.2 Payment Terms
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable unless otherwise specified
- We reserve the right to modify pricing with 30 days' notice
- Failed payments may result in service suspension
4.3 Free Trial
We may offer a free trial period for new users. At the end of the trial, you will be charged unless you cancel before the trial expires.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the Services
- Reverse engineer or attempt to extract source code
- Use automated systems to access the Services without permission
- Record or process conversations without proper consent from all parties
- Use the Services for any fraudulent or deceptive purposes
6. Intellectual Property
6.1 Our Intellectual Property
The Services, including all content, features, and functionality, are owned by Apexia Labs and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
6.2 Your Content
You retain ownership of any content you submit to the Services. By submitting content, you grant us a limited license to use, process, and store such content solely for the purpose of providing the Services to you.
7. Consent and Recording
You acknowledge and agree that:
- You are responsible for obtaining all necessary consents before recording conversations
- You will comply with all applicable laws regarding call recording and monitoring
- You will inform all parties involved in a conversation that it is being recorded and analyzed
- Apexia Labs is not responsible for your compliance with recording consent laws
8. Data Processing
By using the Services, you acknowledge that:
- Audio data is processed by our AI systems to provide real-time assistance
- Transcriptions and analysis are generated automatically and may not be 100% accurate
- Data processing is subject to our Privacy Policy
- You may configure data retention settings through your account
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Services. We may:
- Perform scheduled maintenance with reasonable advance notice
- Make emergency changes to address security or stability issues
- Modify, suspend, or discontinue features with notice
For Enterprise customers, specific uptime commitments are outlined in separate Service Level Agreements (SLAs).
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS OF AI-GENERATED CONTENT
AI suggestions and recommendations are provided for informational purposes only and should not be relied upon as the sole basis for business decisions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEXIA LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO APEXIA LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Apexia Labs and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any rights of another party.
13. Termination
We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including:
- Breach of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Upon your request
Upon termination, your right to use the Services will immediately cease. You may request a copy of your data within 30 days of termination.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Apexia Labs concerning the Services.
18. Contact Information
For questions about these Terms of Use, please contact us at:
Apexia Labs
Email: legal@apexialabs.ai
Phone: +1 (631) 090-1879