TalkerIQ Terms and Conditions - Please review thoroughly before accepting our service agreement.
BY UTILIZING THE TALKERIQ SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE "AGREEMENT"). THE TALKERIQ SERVICE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.
TalkerIQ ("TalkerIQ", "we", "us", or "our") is a software product owned, operated, and maintained by Baseworks Technologies Private Limited.
All agreements, subscriptions, invoices, payments, data processing activities, and contractual obligations related to the use of the TalkerIQ platform are entered into with Baseworks Technologies Private Limited.
Talker IQ will provide the Service, and you may access and use the Service, in accordance with this Agreement. If you order the Service through an online registration page or an order form (each an "Order Form"), the Order Form may contain additional terms and conditions and information regarding the Service you are ordering.
The Service is a cloud-based voice agent platform. It is designed to enable you to call via AI, transcribe, analyze THE CALLS (together with all other information or data that you make accessible to Talker IQ, "Content").
TalkerIQ provides you a right and permission to use the Service subject to a valid subscription, pursuant to the terms of the Order Form, or subject to free evaluation terms, as further detailed below.
Upon your subscription to the Service, Talker IQ will grant you access to the Service or certain parts of it, which will allow TalkerIQ or you to add end-user accounts ("Permitted Users") and to control or manage certain features of the Service. Permitted Users' access to the Service is limited and personal. You are responsible for actions taken by Permitted Users or by anyone using your accounts and passwords.
TalkerIQ uses commercially reasonable efforts to maintain the highest Service availability. However, TalkerIQ cannot guarantee that the Service will operate in an uninterrupted or error-free manner. TalkerIQ performs Service maintenance and uses commercially reasonable efforts to schedule system down-time to off-peak hours and to avoid service interruptions and delays.
TalkerIQ may make the Service or any part of it available to you on an evaluation basis until the earlier of (i) the end of the applicable evaluation period pursuant to the Order Form, (ii) your purchase of a Service subscription, or (iii) any termination of the evaluation by TalkerIQ for any reason, or for no reason at all, by sending you a termination notice with immediate effect.
TalkerIQ will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Talker IQ will notify you if it becomes aware of unauthorized access to Content. TalkerIQ will not access, view or process Content except (a) as provided for in this Agreement and in TalkerIQ's privacy policy ("Privacy Policy"); (b) as authorized or instructed by you; (c) as required to perform its obligations under this Agreement; or (d) as required by applicable law. TalkerIQ has no other obligations with respect to Content.
The terms of TalkerIQ's Data Processing Agreement ("DPA") are incorporated by reference into this Agreement and apply to the processing of personal information which is part of your Content.
You assume full responsibility for your and your Permitted Users' use of the Service in accordance with this Agreement and with applicable local, state, federal, national, and international laws, regulations, and treaties, and warrant that you have obtained all rights in the Content to authorize TalkerIQ to input, process, distribute, and display the Content as contemplated by the Agreement.
You will not, and will ensure that your Permitted Users will not, use the Service or Content for any use or purpose that:
You will not, and will ensure that your Permitted Users will not:
When using the Service in conjunction with other third-party services, you will comply with the terms of service of such third-party services. TalkerIQ shall not be liable for any termination, breach of terms, or suspension of service resulting from your use of those services.
You may not access or use the Service if you are a direct competitor of TalkerIQ, or for monitoring the Service's availability, performance or functionality, or for any other benchmarking or competitive purposes.
TalkerIQ offers an optional integration with Google Calendar to enable event synchronization and appointment booking. By enabling this integration, you consent to TalkerIQ accessing your calendar events through the scope https://www.googleapis.com/auth/calendar.events solely for the purpose of:
Access and refresh tokens are never stored in plain text. All tokens are encrypted and securely maintained to preserve your authorized connection. Our services are hosted on Google Cloud Platform with Cloud Armour enabled for enhanced security.
You may revoke access to Google Calendar at any time via your Google Account settings. TalkerIQ will no longer be able to access or manage your events once access is revoked.
The Customer and/or Administrator(s) and/or Authorized User(s) are responsible for any use of TalkerIQ. Any and all access and use of the Service must be in compliance with the following Acceptable Use Policy ("AUP"). Customer must not and cause its Administrator(s) and/or Authorized Users not to use TalkerIQ to:
TalkerIQ complies with its privacy policy, available at privacy-policy ("Privacy Policy"), in providing the Site and Service. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Site and Service, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
Notwithstanding anything set forth in this Agreement, and in addition thereto, Customer's use of the messaging feature of the Service, must comply with all consent/opt-in requirements, ongoing consent requirements, opt-out/unsubscribe requirements, and correct identification of sender requirements as mentioned in any and all local laws, regulations, and third-party policies. Further, notwithstanding anything set forth in this Agreement and in addition thereto, Customer's use of the call recording functionality must comply with any and all local laws and regulations including local notice requirements. Further, the Customer shall process any do not call or do not text requests in accordance with the local laws, regulations and third-party policies.
In the event, the Customer breaches any of the terms of the AUP, TalkerIQ may immediately suspend or terminate all or part of the access of the Service and/or the Agreement and report and share relevant information of any activities deemed illegal or against applicable laws and regulations to the appropriate authorities in accordance with applicable data privacy laws and regulations. In addition to the restrictions mentioned in the AUP, TalkerIQ reserves the right to impose limits on the Customer's and its Authorized Users' usage of the Service. The Customer acknowledges that TalkerIQ may, but is not required to, pre-screen any messaging content but TalkerIQ shall have the right, in their sole discretion, to pre-screen and/or refuse the transmission of any messaging content that violates the AUP and this Agreement.
TalkerIQ is committed to full compliance with the Telephone Consumer Protection Act (TCPA) and all related federal and state regulations. The Service is designed and intended for call handling initiated by customers, prospects, or other parties who contact your business, and does not support, facilitate, or enable outbound calling campaigns, automated dialing, or any form of unsolicited telemarketing.
You acknowledge and agree that:
You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:
You agree to indemnify, defend, and hold TalkerIQ harmless from any claims, damages, penalties, or liabilities arising from your failure to comply with TCPA or any other applicable laws or regulations.
For calls handled through the Service, you are responsible for:
If you use the Service's SMS or text messaging features, you must:
Any violation of this TCPA Compliance section or any attempt to use the Service for prohibited outbound calling purposes will result in immediate suspension or termination of your access to the Service, without refund of any fees paid. TalkerIQ reserves the right to report any suspected violations to appropriate regulatory authorities.
In consideration of the right to use the Service under the terms herein, you will pay subscription fees in the amount and payment terms under the applicable Order Form (the "Subscription Fees"). You agree that in the event TalkerIQ is unable to collect the Subscription Fees owed for the Service, TalkerIQ may take any steps necessary to collect such fees and you will be responsible for all costs and expenses incurred in connection with such collection activity. Interest may be charged at the lesser of 1.0% per month or the highest amount permitted by law on any amounts not paid when due. Except as expressly stated, all payments are non-refundable.
Your Subscription Fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on TalkerIQ's income, property, and employees). You will be responsible for paying any and all such taxes.
TalkerIQ reserves the right to modify the Subscription Fees for the Service under one or more Order Forms, effective upon commencement of the next renewal subscription term, by notifying you at least 30 days before the end of the then-current Subscription Term.
All parts of the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights. Except for your Content, all rights to the Service and derivatives thereof are retained by TalkerIQ. TalkerIQ also retains all rights to aggregated and anonymous data derived from your use of the Service.
TalkerIQ makes no claim of ownership as to your Content, the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
In the course of using the Service, you or your Permitted Users may provide TalkerIQ with feedback and suggestions regarding the Service. You hereby assign to TalkerIQ ownership in all such feedback and suggestions without any royalty or accounting obligations to you.
The Service may contain links and references to websites and applications of others. TalkerIQ has no control over these third-party websites and applications, does not endorse or confirm their content, and is not responsible or liable for any communication or transaction you make with them.
Each party represents, warrants and covenants to the other that: (a) it has the full corporate right, power and authority to enter into and perform this Agreement; and (b) this Agreement constitutes its legal, valid and binding obligation.
The Service, when used in accordance with this Agreement, will perform in all material respects as specified in Section 1. Your sole and exclusive remedy under such warranty shall be for TalkerIQ to use commercially reasonable efforts to correct or replace the affected Service. The above warranty is conditioned upon you notifying TalkerIQ in writing within 30 days of discovery of any alleged defect with documentation.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALKERIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
DURING ANY EVALUATION PERIOD, TALKERIQ PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR REPRESENTATIONS.
Use of the Service is also subject to TalkerIQ's Privacy Policy, available at the footer of talkeriq.ai. Additionally, you understand and agree that TalkerIQ may contact you via e-mail or otherwise with information relevant to your use of the Service, regardless of whether you have opted out of marketing communications.
"Confidential Information" means all information provided by a party to another party that is designated as confidential or that reasonably should be understood to be confidential. TalkerIQ's Confidential Information includes, without limitation, the Service's features, functionality, and performance. Your confidential Information includes the Content.
Each party will hold the other party's confidential information in strict confidence and use it only as permitted under this Agreement.
The initial subscription term will be as set forth in the Order Form.
Either party may terminate this Agreement if the other materially breaches and fails to cure within 30 days, or becomes insolvent.
All subscriptions renew automatically for additional 12-month periods unless either party gives 30 days' written notice of non-renewal.
Upon termination or expiration: (a) you will cease use of the Service; (b) upon written request, TalkerIQ will make your recorded calls available for 30 days; and (c) certain sections survive termination.
In the event of termination due to uncured breach by TalkerIQ, TalkerIQ will refund prepaid Subscription Fees for the period after termination on a pro-rated basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, (i) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; AND (ii) EXCLUDING LIABILITY FOR CONFIDENTIALITY BREACHES, PAYMENT OBLIGATIONS, AND INDEMNIFICATION, EACH PARTY'S AGGREGATE LIABILITY WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY TALKERIQ FROM YOU DURING THE 12 MONTHS PRECEDING THE CLAIM.
Any claim or cause of action arising out of or related to the Service or this Agreement must be filed within two years after such claim or cause of action arose, or be forever barred.
TalkerIQ will indemnify, defend and hold you harmless against third-party claims alleging that the Service (excluding Content) infringes any trademark, patent, copyright or trade secret.
You will indemnify, defend and hold TalkerIQ harmless against third-party claims arising out of your use of the Service, including your Content.
Indemnification is conditioned on prompt notice and cooperation; no settlement may be entered without the indemnifying party's consent.
The Service is provided for ultimate federal government end-use solely in accordance with the terms of this Agreement.
If you believe content hosted on the Service infringes your copyrights, please notify TalkerIQ's Designated Copyright Agent:
This Agreement is governed by the laws of India. You and TalkerIQ consent to the exclusive jurisdiction and venue of the courts in India, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.
Neither party will be liable for failure caused by reasons beyond its reasonable control, including acts of God or war, and must notify the other party of such event as soon as practicable.
You acknowledge that any unauthorized use of the Service may cause irreparable injury to TalkerIQ, and TalkerIQ will be entitled to equitable relief without posting bond or other security.
This Agreement, the Order Form, the Privacy Policy and the DPA comprise the entire agreement between you and TalkerIQ and supersede all prior agreements.
You and TalkerIQ are independent contractors.
If any provision is held unlawful, the remaining provisions remain in effect.
Section titles are for convenience only.
Modifications or waivers must be in writing signed by both parties.
TalkerIQ suppliers are beneficiaries of the protections contained herein.
This Agreement may not be transferred or assigned by either party except to a successor of substantially all its business or assets.
Website: https://www.talkeriq.com
E-mail: team@talkeriq.com
