Effective Date: 2024-10-30
This Terms of Service Agreement (the "Agreement" or "Terms") is made between TimelyIQ Corporation, a Delaware Corporation with its principal place of business at 135 Madison Ave, New York, NY 10016 (referred to as the "Company," "we," "us," or "our"), and You, either as an individual or as an authorized representative of a company or legal entity (referred to as "You" or "Your").
If you are participating in the beta version of the Service ("Beta Period"). We sincerely thank You for helping us evaluate and improve the Service. The beta aims to identify bugs, gather user feedback, and test new features in a real-world environment before the final release. Your input is invaluable in shaping the future of the Service.
Company has developed and owns certain software and related services, and You desire to use such software and services.
2.1 Service Description: TimelyIQ Corporation provides an AI-powered suggestions for sales professionals before, during, and after sales calls. Our service includes features such as real-time coaching, call summaries, email drafting, and personalized insights.
2.2 Usage Limitation: The Service is intended for business use only. You may not use the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.
2.3 Prohibited Activities: You agree not to engage in any of the following prohibited activities:
3.1 Our Privacy Policy, available at https://www.timelyiq.com/legal/privacy-policy, is incorporated by reference into these Terms. Please read it carefully as it describes how we collect, use, and share your personal information.
3.2 By using our Service, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.
4.1 Age Requirement: You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
4.2 If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
5.1 Beta Period: You are participating in a beta version of the Service ("Beta Period"). You acknowledge and agree that the Service is provided "as is" during this period, and may contain bugs, errors, or other issues. The purpose of the Beta Period is to allow Company to evaluate the Service and identify any issues.
5.2 Trial Period: Company may offer a free trial of the Service for a limited time period of 30 days, or otherwise agreed to in writing.
5.3 During both the free trial and Beta Period, Company reserves the right to modify, terminate, or change the terms of the free trial or Beta Period offer at any time without notice.
5.4 Company disclaims any and all liability for issues arising during the Beta Period and makes no warranties regarding the Service’s functionality, reliability, or availability during this time.
Company reserves the right to modify or replace these Terms at any time. Company will provide notice of any material changes by posting the new Terms on this page and will notify You directly via email or other communication methods where applicable. Your continued use of the Service after any such changes, along with affirmative acceptance of the changes, constitutes Your acceptance of the new Terms.
7.1 "Content" means any text, graphics, images, music, software, audio, video, information or other materials.
7.2 By uploading, submitting, storing, sending, or receiving Content to or through our Service, You grant Company a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, and communicate such Content. We acknowledge that the Content may be confidential and will take reasonable steps to safeguard its confidentiality. Notwithstanding the foregoing, Company does not assume any liability for the confidentiality of your Content and makes no warranty regarding its absolute protection, except where a separate Non-Disclosure Agreement (NDA) is executed, which will specifically govern the confidentiality obligations with respect to such Content.
7.3 You represent and warrant that You have all rights, power, and authority necessary to grant the rights granted herein to any Content that You submit.
7.4 You acknowledge and agree that any Content already loaded into the software by Company falls under the definition of Content subject to the rights granted in Section 7.2.
7.5 You agree to relinquish any claim to any intellectual property that may be derived from Your Content.
8.1 The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Company and its licensors. This includes, but is not limited to, the software, all copies of the software, and all patents, copyrights, moral rights, trademarks, trade secrets, and other intellectual property rights related to or embodied in the software.
8.2 Company's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company.
8.3 You agree that Company shall be free to use, disclose, reproduce, license or otherwise distribute and exploit any and all suggestions, enhancements, recommendations or other feedback provided by You or on Your behalf with respect to the Service, without any obligation to You.
8.4 To the extent permitted by applicable law, You hereby waive any moral rights or rights of publicity or privacy You may have in such Content.
If You provide Company with any feedback or suggestions regarding the Service ("Feedback"), You hereby acknowledge that the provision of such Feedback is voluntary and without compensation. You assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary.
10.1 You acknowledge and agree that Company reserves the right to collect usage data and information about how You interact with the software during any trial period and throughout Your use of the Service.
10.2 The collection, use, and processing of such data will be governed by our Privacy Policy, which is incorporated by reference into these Terms.
11.1 If You are using the service in the course of Your employment or as a contractor or agent of a company or legal entity, You represent and warrant that You have the authority to act on behalf of Your employer or the entity You represent. In such cases, "You" refers both to You as an individual and to Your employer or the entity You represent. By accepting these Terms, You bind Your employer or entity to the obligations set forth in this Agreement, and You agree to comply with these Terms on its behalf.
11.2 Before accessing or using our software (the "Service"), You must affirmatively agree to these Terms of Service by checking a box provided or clicking a button. If You do not confirm or disagree with any part of the terms, You may not use our Service.
11.3 You warrant and represent that You have the legal right and authority to enter into this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms, in which case the terms "You" or "Your" shall refer to such entity.
12.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 Company makes no warranty that (i) the Service will meet Your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) any errors in the Service will be corrected.
13.1 By opting into marketing communications through a specific checkbox or similar means during registration, You agree to receive marketing communications from Company, including but not limited to newsletters, product updates, and promotional offers. You can withdraw this consent at any time by clicking the "unsubscribe" link in our communications or by contacting us directly.
13.2 You grant Company the right to use Your name and/or logo for promotional purposes, including but not limited to case studies, testimonials, and marketing materials, unless You expressly withdraw this consent in writing.
14.1 Company reserves the right, in its sole discretion, to terminate Your access to the Service, or any portion thereof, at any time, for any reason, and without prior notice or liability.
14.2 Upon termination, Your right to use the Service will immediately cease.
14.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15.1 Subscription: Our Service is offered on a subscription basis. You will be billed in advance on a recurring and periodic basis (e.g., monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.
15.2 Free Trial: We may, at our sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial.
15.3 Automatic Renewal: Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any payment method we have on record for you.
15.4 Refunds: Except when required by law, paid subscription fees are non-refundable.
16.1 To the fullest extent permitted by applicable law, in no event will Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
16.2 In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law, and in such cases, our total liability to You shall not exceed the amount paid by You, if any, for using our Service over the past 12 months.
You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service.
These Terms shall be governed and construed in accordance with the laws of New York, USA, without regard to its conflict of law provisions.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. In such a case, the remaining provisions will continue in full force and effect, and the Parties agree to negotiate in good faith to amend the unenforceable provision to reflect the original intent.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral, including, but not limited to, any agreements with any previous entity that operated the Service prior to the incorporation of TimelyIQ Corporation.
If You have any questions about these Terms, please contact us at legal@timelyiq.com.
We use cookies to improve user experience. Choose what cookie categories you allow us to use. You can read more about our Cookie Policy by clicking on Cookie Policy below.
These cookies enable strictly necessary cookies for security, language support and verification of identity. These cookies can’t be disabled.
These cookies collect data to remember choices users make to improve and give a better user experience. Disabling can cause some parts of the site to not work properly.
These cookies help us to understand how visitors interact with our website, help us measure and analyze traffic to improve our service.
These cookies help us to better deliver marketing content and customized ads.