Master Service Agreement

CUSTOMERS.AI TERMS OF SERVICE

Last Modified: September 25, 2023

  1. Your Acceptance

Welcome to the Customers.ai Terms of Service. This is an agreement (“Agreement”) between  Mobile Monkey, Inc. (“Customers.ai”) the owner and operator of the website www.customers.ai and the Customers.ai applications and software, mobile application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.

PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.

Throughout this Agreement, the words “Customers.ai,” “us,” “we,” and “our,” refer to our company, Customers.ai, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes, please cease using our Platform immediately.

  1. Access and Registration

Users may access the Platform as permitted by us.  Where required, Users must register on the Platform before accessing portions of the Platform.  During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account.  We reserve the right to verify all User credentials and to reject any users. Further we may request additional information or perform a background check prior to activating your account.  We reserve the right to deny or restrict your account at our discretion.  You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Customers.ai immediately of any unauthorized use of your account or any other breach of security. Customers.ai will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.  Each User is only entitled to one account and users may not share accounts with any third parties.  If you are creating an account on behalf of an organization you agree that you have the authority to bind such organization and your organization shall be responsible for each authorized user’s use of the Platform.

  1. User Responsibilities

User represents, warrants, and covenants that: (1) User shall use the Platform solely for User’s internal commercial purposes in accordance with this Agreement; (2) the person entering into this Agreement on behalf of User is duly authorized and has the power and authority to enter into this Agreement and bind User;  (3) any User Content distributed via the Platform shall be professional, lawful, accurate, and up-to-date; (4) any User Content posted on the Platform by User  does not violate any third party agreements; and (5) User shall use the Platform only for legal and lawful purposes and agrees to abide by all laws of its local jurisdiction and all US laws when using the Platform including but not limited to laws relating to data privacy, spam, marketing, and email.   User shall indemnify and hold Customers.ai harmless for a breach of any provisions of this section.  Where you have violated this Agreement we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion.  Where required, User shall clearly post a privacy policy (in compliance with the laws of User’s local jurisdiction) prior to collecting any information and shall disclose to its Customers (defined below) how such personal information may be shared with third parties and allow Customers to opt out where applicable.  Where required by local applicable law User shall ensure that its Customers have opted in to receive communications from User and shall provide evidence of such opt ins as requested by Customers.ai.

  1. Platform Ownership

In accordance with this Agreement, we may provide you access to the Platform after registration along with payment as applicable.  The Platform is sold as a licensed subscription (“Subscription”) and your Subscription does not entitle you to any ownership of the Platform. You merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion.  Where you download any portion of our Platform, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use one such copy. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Customers.ai and/or Customers.ai’ licensors and that Customers.ai and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Customers.ai.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Customers.ai.  All rights not expressly granted in this Agreement are reserved for us.  You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform. Please be aware that all portions of the Platform are offered on an “as is” basis and Customers.ai makes no representations or warranties regarding any portion of the Platform.   Customers.ai reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion.  Nothing in this Agreement obligates Customers.ai to make any previously available feature on the Platform available to Subscriber or offer any types of compatibility or versioning.

  1. Privacy Practices

User represents, warrant, and covenants that: (1) it will prominently display its privacy policy (that is in full compliance with US and applicable laws) in a manner that is easily accessible to its Customers (defined below); (2) shall receive informed consent from its Customers where required.  Additionally, the User’s privacy policy shall inform Customers that User uses the Platform which collects and discloses both personal and non-personal information through the use of tracking, cookies, and pixel tags; and the information collected from Customer may be used to obtain an email address or other identifying information from such user. User shall provide its Customers with a mechanism to opt out of such collection and information usage.

Further, User shall post the following notice (or something of similar equivalence) within its privacy policy.

Where you visit or use our website, in any manner, we may use pixels, cookies, or other tracking technologies to associate your usage of our website with an associated email (through our third party vendors). Where applicable, we may contact you via such associated email address.  If you wish to opt out of these services please visit:  [insert URL].

  1. Consumer Information

The Platform may allow User to compile Customer information and data (collectively “Consumer Information”).  Users are solely responsible for any User Content used to create such Consumer Information.  All such Consumer Information generated shall be solely owned by User and subject to the User rights and license as set forth below within the User Content section of this Agreement. User agrees that User will not do the following with any Consumer Information generated: (i) permit any third party to access or use the Consumer Information; (ii) publish, copy, distribute, sublicense, sell, disclose, lend, or transfer any Consumer Information externally, (iii) reverse engineer, attempt to re-identify or extract or recover any code or software used to generate such Consumer Information; (iv) use the Consumer Information in a manner that is unlawful; or (v) to transmit viruses or worms .  Customers.ai retains all right, title and interest in and to the Platform including but not limited to any Customers.ai underlying technology used to generate the Consumer Information, general techniques, methods, processes, routines, tools, concepts, inventions, patterns, algorithms, techniques and know-how developed previous to or during the provision of the services (collectively “Underlying Technology”) provided by Customers.ai to User under this Agreement via the Platform.  Except where stated otherwise, anything developed or delivered by or on behalf of Customers.ai under this Agreement is owned exclusively by Customers.ai or its licensors including all Underlying Technology. The rights granted to Users do not convey any rights in the Platform, express or implied, or ownership in the Platform or any Customers.ai Underlying Technology.  User shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Customers.ai.  Where any Underlying Technology is incorporated into any Consumer Information Customers.ai grants User a revocable, limited, non-assignable, non-transferable license to use the Underlying Technology solely for the purposes of accessing such Consumer Information.  Such license is conditioned on compliance with this Agreement and timely payment of all fees required to access such Consumer Information.

  1. User Communications

You represent, covenant, and warrant to abide by all relevant laws including but no limited to Telephone Consumer Protection Act 47 USC § 227 (“TCPA”) and the Controlling the Assault of Non-Solicited Pornography And Marketing of 2003 (“Can-Spam”) when using the Platform or when using information derived from the Platform to send communications.  As required by Can-Spam and TCPA you agree to do the following: (i) maintain opt out lists and remove users who do not wish to receive further communications; (ii) collect opt ins and consents where required; and (iii) promptly respond to any complaints regarding TCPA or Can-Spam by users of the Platform.  Where we believe in our discretion that you have not complied with this Section we may suspend your access to the Platform or your ability to send communications immediately or at any time.  You shall fully indemnify and hold harmless Customers.ai for all claims related to TCPA and Can-Spam whether made by a third party or us.

  1. User’s Customers

Please be aware that User is solely responsible for any interactions with any customers (“Customers”) that User has received Consumer Information from through the Platform.  THE USER AGREES TO HOLD CUSTOMERS.AI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF USER’S ACCESS TO OR INTERACTIONS WITH ANY OF ITS CUSTOMERS. CUSTOMERS.AI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CUSTOMER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM INCLUDING ANY CUSTOMER. User is solely responsible to any Customer for any opinions, advice, or information communicated.  Any agreements entered into between User and any party (including any Customer) are solely between the parties and Customers.ai is not a party to such agreements.  User shall indemnify and hold harmless Customers.ai from any claims related to any Customer in accordance with this Agreement.  User is solely responsible for resolving any issues with any Customer.

  1. Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. User Content

A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, emails, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Customers.ai is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Customers.ai, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for such purposes as required by us including to provide you access to the services offered on the Platform.  Customers.ai has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform.  Specifically, Customers.ai shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

  1. Results Generated

Customers.ai is not responsible for any information or results generated via the Platform.  User understands and agrees that all results generated by the Platform are dependent on the information contained in any User Content submitted by you and you are solely responsible for that information.  THE USER AGREES TO HOLD CUSTOMERS.AI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED. CUSTOMERS.AI WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.  Customers.ai does not warrant any results, guarantee, endorse, or recommend any portion of the Platform and use of the Platform is at your own risk.

  1. Information Found on the Platform

ALL CUSTOMERS.AI CONTENT FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Customers.ai does not endorse or warrant any Customers.ai content (“Customers.ai Content”), such as, encountered on the Platform including but not limited to any materials, recordings, manuals, documentation, or other information including any Underlying Technology. All Customers.ai Content is offered “as-is” and without warranty of any kind.  Please be aware that Customers.ai Content may be inaccurate, untimely, or contain errors.    You solely are responsible for your use of any Customers.ai Content and you agree to release us from any liability related to your use of any Customers.ai Content.

  1. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform in an unlawful manner that violates the laws of your jurisdiction or the laws of the United States;
    • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
    • You may not use the Platform in a manner that would cause liability or harm to Customers.ai;
    • You may not interfere with or disrupt the Platform;
    • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
    • You agree that you will not hold Customers.ai responsible for your use of our Platform

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion, be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Customers.ai reserves the right to suspend or terminate any account at any time at our discretion.

  1. Equipment and Connections

In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other device.   You are solely responsible for purchasing and properly connecting such Equipment to access the Platform.  Some portions of the Platform may provide real time notifications through the internet or telecommunications systems (“Connection(s)”) you are solely responsible for purchasing and maintaining such Connections.  Please be aware that standard data, calling, and message rates apply.  Please consult your Connection provider for a full list of fees and charges. Customers.ai shall not be liable to you for any failure or issue related to any Connection or Equipment you may use to interact with the Platform.

  1. User Account Holds

From time to time, Customers.ai may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.

  1. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform may not always be either 100% reliable or available.  Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

  1. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

  1. Third Party Content and Websites

Customers.ai does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise.  If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content.  Further, Customers.ai assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

Through the Platform User may connect to third party software or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Platform, Customers.ai does not warrant or endorse any such Third Party Websites.  User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the transmission, processing, or storage of any User Content  by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party Websites.   Customers.ai will not be responsible for any connectivity issues related to any Third Party Websites and the Platform.  User’s access to any Third Party Websites are subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Websites.

  1. Idea Submission

Customers.ai or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Customers.ai. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Customers.ai’ products might seem similar to ideas submitted to Customers.ai. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Customers.ai, without any compensation to the submitter; (2) Customers.ai may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Customers.ai to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  1. Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CUSTOMERS.AI, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. CUSTOMERS.AI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CUSTOMERS.AI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. CUSTOMERS.AI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CUSTOMERS.AI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

  1. Limitation of Liability

IN NO EVENT SHALL CUSTOMERS.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT  CUSTOMERS.AI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY CUSTOMERS.AI’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS GREATER.

  1. Indemnity

You agree to defend, indemnify and hold harmless Customers.ai, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Customers.ai Platform;
  • your violation of any term of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, Customer right, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Customers.ai Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Copyrights

Takedown Notice

We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Customers.ai, info@customers.ai or Mobile Monkey, Inc., 855 Boylston St., Boston, MA 02116

Counter Notice

In the event that you receive a notification from Customers.ai stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice to: info@customers.ai or Mobile Monkey, Inc., 855 Boylston St., Boston, MA 02116

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in Massachusetts.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

  1. Disputes

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration.   If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Customers.ai agree that the arbitrator will decide that issue.  However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their Streamlined Arbitration Rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be in Boston, MA.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Suffolk County, MA.

You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Mobile Monkey, Inc., 855 Boylston St., Boston, MA 02116. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Suffolk County, MA.

  1. Class Action and PAGA Waiver

You and Customers.ai agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Customers.ai are deemed to conflict with each other’s operation, Customers.ai shall have the sole right to elect which provision remains in force.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

  1. Entire Agreement and Notices

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control.  Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Any notices required under this Agreement shall be delivered to Mobile Monkey, Inc., 855 Boylston St., Boston, MA 02116, delivery confirmation required.  Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.

  1. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account through your account page.

  1. Electronic Communications

The communications between you and Customers.ai use electronic means, whether you visit the Platform or send Customers.ai e-mails, or whether Customers.ai posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Customers.ai in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Customers.ai provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  1. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform by email at info@customers.ai.

  1. Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Customers.ai, our business interests or a third party, at our discretion.  In the event of account termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

  1. Payments for Subscriptions

Any User purchasing a Subscription shall be referred to as a “Subscriber”. Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing any Subscription to the Platform or for any additional purchases. Subscriber authorizes Customers.ai or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments.  All prices are listed in US Dollars.  All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, Customers.ai may suspend or terminate your access to the paid portions of the Platform, without liability to us.

  1. Free Trials

Customers.ai may offer the Platform on a free trial basis.  Customers.ai reserves the right to discontinue or modify any free trials at any time and without liability.  Where Subscriber has signed up for a free trial, Subscriber agrees that at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with Customers.ai’s then current pricing.

  1. Refunds

We want you to be satisfied with your Subscription to the Platform but we cannot offer any refunds at this time.  If you feel that you are entitled to a refund, please contact us.

  1. Taxes

Where Customers.ai does not charge you taxes for any Subscriptions, you agree to pay any and all applicable taxes.

  1. Subscription Plans and Renewals

In order to access certain functionality within the Platform, you may be required to purchase a Subscription.  Please be aware that multiple Subscriptions may be required where applicable.  Where you purchase a Subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, CUSTOMERS.AI MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.  Please be aware that you are able to cancel your Subscription prior to purchase or at any time by canceling via your Platform account dashboard or by contacting us via the Platform.

  1. Pricing and Price Increases

The pricing for all paid Subscriptions is listed on the Customers.ai Platform or within your account.  Customers.ai may increase the price of any paid Subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Customers.ai shall notify you and you will have the chance to accept or reject any price increase before the paid Subscription renewal.  Generally, we may notify you of any price increases.   Upon receipt of such notice, please notify us if you intend to reject a price increase.  Where you have rejected a price increase, upon the expiration of your paid Subscription, portions of the Platform may become immediately unavailable. You agree that Customers.ai has no obligation to offer any Subscriptions for the price originally offered to you at sign up.

  1. Support

Where Subscriber requires support related to its Subscription, please contact us at info@customers.ai.

  1. Termination of Your Subscription

You may cancel your Customers.ai Subscription at any time.  In order to avoid being charged for an additional Subscription period you must cancel your Subscription prior to your Subscription renewal date. You may cancel any time via your Customers.ai dashboard or by contacting us via the Platform. Please be aware that upon cancellation of your Subscription you will continue to have access until the conclusion of your current Subscription period.   After the conclusion of your current Subscription period, access to portions of our Platform may become immediately disabled and some User Content may become immediately inaccessible, deleted, or removed.   Where you have canceled your Subscription, we have no responsibility to you for any losses incurred by you for your inability to access portions of Platform or any User Content stored in such portions of the Platform.

  1. Semrush

Customers.ai is a third-party data partner of Semrush. X-Ray and other scripts provided by Customers.ai solely. Please install scripts at your own risk. 

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