Acceptance of These Terms of Service
‍ZenCall (“ZenCall” “we,” “us,” or “our”) provides a natural language processing platform that allows consumers to interact with our customers via an AI-based phone services(such services, including any new features and applications, our mobile application(s) related to such services (“Mobile Apps”) and our website located at https://www.zencall.ai/ (the “Site”), collectively, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). By registering for or creating a ZenCall account, or accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are registering for an account or using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to ZenCall that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms “you” and “your” will refer to that entity or organization).  If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. The Services may include (a) the Site, (b) ZenCall's services and technologies, including our artificial intelligence and natural language processing platform which answers calls and implement actions for consumers, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, recordings, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this Terms of Service agreement. ZenCall may change these Terms of Service from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site.  You can review the most current version of these Terms of Service at any time on this page.  
The revised terms and conditions will become effective upon the later of any renewal of your subscription (if applicable) or thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions.  If any change to these Terms of Service is not acceptable to you, your only remedy is stop using the Services and send a cancellation message to info@zencall.ai.

‍PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ZENCALL.AI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.Your Privacy: At ZenCall, we respect the privacy of our users. For more information please see our Privacy Policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

‍Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

‍Access and Use of the ServiceService Description: The Service is designed to provide a natural language processing platform that allows consumers to interact with our customers via an AI-based phone service, helping our customers gain and retain customers, save time and increase revenue.

‍Your Registration Obligations: As part of the registration process, you will identify an administrative user name and password for your account (“Account”). Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

‍Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details associated with your Account and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify ZenCall of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service. ZenCall will not be liable for any loss or damage arising from your failure to comply with this paragraph.

‍Modifications to Service: ZenCall reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ZenCall will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

‍General Practices Regarding Use and Storage: You acknowledge that ZenCall may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ZenCall's or its third-party service providers’ servers on your behalf. You agree that ZenCall has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ZenCall reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ZenCall reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

‍Conditions of Access and User Conduct: You are solely responsible for all information, data, text, software, music, sound, video, images, photographs, graphics, messages, recordings and other materials (“content”) that you make available to ZenCall, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service or your customers via the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by ZenCall. ZenCall reserves the right to investigate and take appropriate legal action against anyone who, in ZenCall's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of ZenCall, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ZenCall or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; violate any applicable local, state, national, or international law, or any regulations having the force of law, including laws against recording users without their knowledge or consent; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by ZenCall from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network). All users are required to include in their introduction sentence a notice informing the caller that the call is being recorded.

‍Competitors: No employee, independent contractor, agent, or affiliate of any competing natural language processing or artificial intelligence based company is permitted to view, access, or use any portion of the Service without express written permission from ZenCall. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of ZenCall or any of its affiliates, or acting on behalf of a competitor of ZenCall in using or accessing the Service.

‍Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to ZenCall that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with ZenCall or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay ZenCall the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize zencall.ai (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let zencall.ai know within sixty (60) days after the date that ZenCall charges you. We reserve the right to change ZenCall's prices. If ZenCall does change prices, ZenCall will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at ZenCall's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on ZenCall's net income.

‍Payment Processing: Notwithstanding any amounts owed to ZenCall hereunder, ZENCALL.AI DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor (collectively, “Payment Processors”). These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe  to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. ZenCall assumes no liability or responsibility for any payments you make through the Service.

‍Refunds and Cancellations: Payments made by you hereunder are final.  You may request a refund for the current month of service from ZenCall. You may cancel your subscription online by cancelling through your Service dashboard.

‍Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

‍Mobile Services and SoftwareOwnership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of zencall.ai, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ZenCall.

‍Special Notice for International Use; Export Controls: ZenCall is headquartered in France. If you access or use the Service from outside of France, you do so at your own risk. Whether inside or outside of France, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to France export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of France export laws. Downloading or using the Software is at your sole risk.

‍Intellectual Property RightsService Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by ZenCall, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

‍Trademarks: The ZenCall name and logos are trademarks and service marks of ZenCall (collectively the “ZenCall Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to zencall.ai. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ZenCall Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ZenCall Trademarks will inure to our exclusive benefit.

‍Third-Party Material: Under no circumstances will ZenCall be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

‍User Content: You represent and warrant that you own all right, title and interest in and to content provided by you (or your users) in connection with your use of the Service (the “User Content”), including all copyrights and rights of publicity contained therein. In addition, as part of your use of the Service, your customers may provide their information to you, which information may be recorded via the Service (all such information and any related recordings, “Customer Information”).  You hereby grant zencall.ai and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, evaluate, display, upload, perform, distribute, process, store, modify, and otherwise use such User Content and Customer Information in connection with the development, improvement and operation of the Service and other products and services, and you hereby expressly consent to ZenCall exercising such rights. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.You hereby authorize ZenCall and its third-party service providers to derive statistical and usage data relating to and resulting from your and your customer’s or user’s use of the Service (“Usage Data”), and consent to the use or distribution of such data by third party service providers selected at the ZenCall's discretion. We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you or your customers and users to ZenCall are non-confidential and zencall.ai will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you or your customers or users. You acknowledge and agree that ZenCall may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ZenCall, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

‍Copyright Complaints: ZenCall respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify zencall.ai of your infringement claim in accordance with the procedure set forth below. zencall.ai will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to zencall.ail’s Copyright Agent at info@zencall.ai.
(Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at: ZenCall, Coworking Le 17 Bis, 17 Bis Boulevard Pasteur 75015, Paris, France. To be effective, the notification must be in writing and contain the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property; identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; anda statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

‍Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, ZenCall will send a copy of the counter-notice to the original complaining party informing them that zencall.ai may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against ZenCall or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

‍Repeat Infringer Policy: In accordance with the DMCA and other applicable law, zencall.ai has adopted a policy of terminating, in appropriate circumstances and at zencall.ai’s sole discretion, the accounts of users who are deemed to be repeat infringers. ZenCall may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

‍Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. zencall.ai has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not zencall.ai, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. zencall.ai enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. zencall.ai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

‍Indemnification You agree to defend, indemnify, and hold harmless ZenCall, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “ZenCall Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any zencall.ai Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such zencall.ai Party. ZenCall will provide notice to you of any such claim, suit, or proceeding. ZenCall reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting zencall.ai’s defense of such matter. You may not settle or compromise any claim against the ZenCall Parties without ZenCall's written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

‍Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ZENCALL.AI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CERTAIN COMPONENTS OF THE SERVICE ARE BASED ON PREDICTIVE STATISTICAL MODELS, AND MAY CONTAIN BUGS, MAKE ERRORS OR MISINTERPRET REQUESTS OR OTHER SPEECH.  ZENCALL.AI DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL REQUESTS OR OTHER SPEECH WILL BE UNDERSTOOD OR THAT HUMAN INTERVENTION WILL NOT BE REQUIRED.THE ZENCALL.AI PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

‍Limitation of Liability
‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ZENCALL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ZENCALL.AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE ZENCALL.AI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ZENCALL.AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

‍Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.          

a. Agreement to Arbitrate
‍This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and ZenCall, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You and ZenCall agree that the parties will go to court to resolve disputes relating to your or zencall.ai’s intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and zencall.ai are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.        

b. Prohibition of Class and Representative Actions and Non-Individualized Relief
‍YOU AND ZENCALL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ZENCALL.AI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.        

c. Pre-Arbitration Dispute Resolution
‍ZenCall is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@zencall.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ZenCall should be sent to 10050 N Wolfe Rd, Suite 240, Cupertino, CA 95104 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If zencall.ai and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or zencall.ai may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by zencall.ai or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ZenCall is entitled.

‍d. Arbitration Procedures
‍Arbitration will be conducted by a neutral arbitrator in accordance with the French Arbitration Association’s) rules and procedures. If there is any inconsistency between any term of the FAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless zencall.ai and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by FAA. If your claim is for $1,000 or less, ZenCall agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the FAA Rules. If your claim exceeds $1,000, the right to a hearing will be determined by the FAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.      

e. Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the FAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $5,000 or less, at your request, ZenCall will pay all Arbitration Fees. If the value of relief sought is more than $5,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, ZenCall will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, ZenCall will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the FAA Rules.

‍f. Confidentiality
‍All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

‍g. Severability
‍If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

‍h. Future Changes to Arbitration Agreement
‍Notwithstanding any provision in these Terms of Service to the contrary, zencall.ai agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending zencall.ai written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

‍Termination
‍You agree that ZenCall, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if zencall.ai believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. zencall.ai may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that zencall.ai may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that zencall.ai will not be liable to you or any third party for any termination of your access to the Service.

‍User Disputes
‍You agree that you are solely responsible for your interactions with any other user in connection with the Service, including your customers, and ZenCall will have no liability or responsibility with respect thereto. zencall.ai reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

‍General
‍These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and zencall.ai governing your access and use of the Service, and supersede any prior agreements between you and ZenCall with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of France without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ZenCall submit to the personal and exclusive jurisdiction of the state and federal courts located within Paris. The failure of ZenCall to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of zencall.ai, but zencall.ai may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. ZenCall will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond zencall.ai’s reasonable control.

‍Notice for California Users
‍Under California Civil Code Section 1789.3, users of the Service who are consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at zencall.ai, Le 17 Bis Coworking, 17 Bis Boulevard Pasteur 75015 Paris, France, Attn: Légal.

‍U.S. Government Restricted Rights
‍The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

‍Questions?
‍Please contact us at info@zencall.ai or ZenCall, Coworking Le 17 bis , 17 bis boulevard Pasteur, 75015 Paris, France, to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.