Terms of Service

1The Services

Sensale provides a cloud-based customer relationship management platform with automated and agent-based features, as described on our website and in any order or plan you select. We may update, improve, or modify the Services from time to time. We may also add or remove features, provided we do not materially reduce the core functionality of a paid plan during a paid term.

2Accounts and eligibility

You must create an account to use most features. You are responsible for the accuracy of registration information, for safeguarding credentials, and for all activity under your account. You must promptly notify us of any unauthorized use. The Services are intended for business users who are at least the age of majority in their jurisdiction.

3Customer Content and license

“Customer Content” means data, records, and materials you or your authorized users submit to or generate within the Services. As between you and us, you own and retain all rights in Customer Content. You grant us a limited, non-exclusive license to host, process, transmit, display, and otherwise use Customer Content solely to provide and support the Services, to secure the Services, and as otherwise permitted in these Terms or our Privacy Policy.

You are responsible for Customer Content, including its accuracy and your right to submit it, and for ensuring that your collection and use of personal information within the Services complies with applicable law, including providing any required notices and obtaining any required consents from your contacts.

4Acceptable use

You agree not to, and not to permit others to:

• Use the Services in violation of applicable law or third-party rights.
• Upload unlawful, infringing, or harmful content, or malicious code.
• Probe, scan, or test the vulnerability of the Services, or breach security or authentication measures, without authorization.
• Interfere with or disrupt the integrity or performance of the Services.
• Reverse engineer or attempt to derive source code, except to the extent permitted by law.
• Resell, sublicense, or provide the Services to third parties except as expressly permitted.
• Use the Services to send unsolicited communications in violation of anti-spam or telemarketing laws.

5Fees and payment

Paid plans are billed according to the pricing and billing cycle in your order or plan selection. Unless stated otherwise, fees are in U.S. dollars, are due in advance, and are non-refundable except as required by law or expressly stated. We may change pricing for future terms with reasonable notice. You are responsible for applicable taxes other than taxes on our net income. Late amounts may accrue interest and may result in suspension as permitted by law.

6Free trials and beta features

We may offer free trials or features identified as beta, preview, or evaluation. These are provided “as is,” may be changed or withdrawn at any time, and may be subject to additional terms. We have no obligation to provide support, warranties, or service levels for trial or beta features.

7Third-party services and integrations

The Services may interoperate with third-party products, including identity providers and payment processors. Your use of third-party products is governed by their own terms, and we are not responsible for them. Enabling an integration may involve sharing data with the third party as you direct.

8Intellectual property

We and our licensors own all rights in the Services, including software, design, and trademarks, excluding Customer Content. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, subject to these Terms. We may use anonymized and aggregated data that does not identify you or any individual to operate, secure, and improve the Services.

9Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and disclose it only to those who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully received from another source, and does not prevent disclosure required by law.

10Privacy and data protection

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms. Where we process personal information on your behalf as a service provider or processor, our data processing terms govern that processing. You remain responsible for your own privacy compliance as the controller of Customer Content.

11Service availability and support

We aim to provide reliable access to the Services but do not guarantee uninterrupted or error-free operation in the absence of a separate written service-level commitment. We may perform maintenance and may suspend the Services where necessary for security, legal, or operational reasons, with notice where practicable.

12Suspension and termination

You may stop using the Services at any time. Either party may terminate for material breach that remains uncured after reasonable notice. We may suspend or limit access where required for security, legal compliance, non-payment, or to prevent harm. On termination, your right to use the Services ends. We will make Customer Content available for export for a limited period after termination as described in our documentation, after which we may delete it.

13Disclaimers

Except as expressly stated, the Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that automated or agent-generated outputs will be accurate or suitable for any purpose. You are responsible for reviewing outputs before relying on them.

14Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited under applicable law.

15Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Content, your use of the Services in violation of these Terms or law, or your violation of a third party’s rights, except to the extent caused by us. We will provide prompt notice and reasonable cooperation.

16Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, provide reasonable notice. Your continued use of the Services after the update takes effect means you accept the revised Terms.

17Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, and the United States District Court for the District of Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction.

18General

These Terms, together with our Privacy Policy and any order or plan, are the entire agreement between the parties on this subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

19Contact us

Questions about these Terms may be sent to:

Sensale, Inc. legal@sensale.ai