Welcome to AnalyzeMyCalls. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and AnalyzeMyCalls, Inc. ("AnalyzeMyCalls," "Company," "we," "us," or "our") governing your access to and use of the AnalyzeMyCalls platform, including our website at www.analyzemycalls.ai, mobile applications, APIs, and all related services (collectively, the "Service" or "Platform").

Table of Contents

1. Definitions
2. Service Description
3. Eligibility and Account Registration
4. Subscription Plans and Payment
5. Acceptable Use Policy
6. User Responsibilities
7. Intellectual Property Rights
8. Data Privacy and Security
9. Confidentiality
10. Service Level Agreement
11. Disclaimers and Limitations of Liability
12. Indemnification
13. Term and Termination
14. Modifications to Terms
15. Dispute Resolution and Arbitration
16. General Provisions
17. Contact Information

1. Definitions

• "Authorized Users": means the individuals who are authorized by Customer to access and use the Service under Customer's account, including employees, contractors, and agents.
• "Customer Data": means all data, including call recordings, transcripts, analytics, and other information that Customer or its Authorized Users upload, submit, or transmit through the Service.
• "Documentation": means the user guides, help files, and other technical documentation provided by AnalyzeMyCalls describing the features and functionality of the Service.
• "Intellectual Property Rights": means all patents, copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights.
• "Personal Data": means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.
• "Service": means the AnalyzeMyCalls AI-powered sales call analysis platform, including all features, functionality, APIs, and related services.
• "Subscription Term": means the period during which Customer has paid for and is entitled to access the Service as specified in the applicable Order Form.

2. Service Description

2.1 Platform Overview

AnalyzeMyCalls is an enterprise AI-powered sales call analysis platform that provides:

• Automated call transcription and analysis using artificial intelligence
• Performance analytics and coaching insights for sales teams
• Sentiment analysis and entity recognition
• Role-based dashboards for agents, managers, and administrators
• Integration capabilities with third-party call providers and CRM systems
• Natural language querying and conversational AI interfaces
• Team management and hierarchical organization features
• Compliance monitoring and quality assurance tools

2.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that may adversely affect your use of the Service. Continued use of the Service after such modifications constitutes acceptance of the updated Service.

2.3 Beta Features

We may offer beta or preview features that are not yet generally available. Beta features are provided "as-is" without warranty and may be modified or discontinued at any time. Your use of beta features is at your own risk, and we may limit or terminate access to beta features without liability.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority to enter into this Agreement on behalf of yourself or your organization
• Not be prohibited from using the Service under applicable laws or regulations
• Provide accurate, current, and complete registration information
• Not have been previously suspended or removed from the Service

3.2 Account Registration

To access the Service, you must create an account by providing required information including your name, email address, organization name, and other requested details. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You agree to:

• Use strong, unique passwords for your account
• Enable multi-factor authentication when available
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with unauthorized parties
• Ensure Authorized Users comply with these Terms

3.4 Account Types and Roles

The Service provides different account types with varying access levels:

4. Subscription Plans and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis with various pricing tiers. Specific features, usage limits, and pricing are detailed in your Order Form or as displayed on our website at the time of purchase. We reserve the right to modify pricing with 30 days' advance notice.

4.2 Fees and Payment

You agree to pay all fees associated with your subscription plan:

• Fees are billed in advance on a monthly or annual basis as selected
• Payment is due upon invoice or as specified in your Order Form
• All fees are non-refundable except as expressly stated in these Terms
• We may suspend access for overdue payments after 15 days' notice
• You are responsible for all applicable taxes, except those based on our income

4.3 Usage-Based Charges

Certain features may incur additional usage-based charges, including but not limited to:

• Call transcription minutes exceeding plan limits
• Additional AI analysis features
• Premium support services
• API calls exceeding allocated limits

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each Subscription Term unless you provide written notice of non-renewal at least 30 days before the renewal date. Renewal fees will be charged at the then-current rates unless otherwise agreed in writing.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful business purposes in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable right to access and use the Service during the Subscription Term.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Upload content that infringes on intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to compete with AnalyzeMyCalls or develop competing products
• Resell, sublicense, or provide the Service to third parties without authorization
• Circumvent any usage limits, access controls, or security measures
• Use automated tools to scrape, harvest, or extract data from the Service
• Upload call recordings without proper consent from all parties as required by law
• Process sensitive personal data beyond what is necessary for the Service
• Use the Service in any manner that could damage our reputation or goodwill

5.3 Compliance with Recording Laws

You are solely responsible for ensuring compliance with all applicable call recording and consent laws, including but not limited to federal and state wiretapping laws, TCPA regulations, and international data protection requirements. You represent and warrant that you have obtained all necessary consents before uploading any call recordings to the Service.

6. User Responsibilities

6.1 Customer Obligations

As a Customer, you are responsible for:

• Ensuring all Authorized Users comply with these Terms
• Maintaining accurate account and billing information
• Obtaining and maintaining all necessary equipment and internet connectivity
• Implementing appropriate security measures for your systems and data
• Backing up your Customer Data regularly
• Promptly reporting any security incidents or unauthorized access
• Ensuring the accuracy and legality of all Customer Data
• Complying with all applicable laws and regulations in your use of the Service

6.2 Data Accuracy

You are responsible for the accuracy, quality, and legality of Customer Data. The Service's analysis and insights are dependent on the quality of input data. We are not responsible for errors or issues arising from inaccurate or incomplete Customer Data.

6.3 Authorized User Management

You are responsible for managing Authorized Users within your organization, including:

• Provisioning and deprovisioning user accounts promptly
• Assigning appropriate roles and permissions
• Training users on proper use of the Service
• Monitoring user activity for compliance with these Terms
• Immediately revoking access for terminated employees or contractors

7. Intellectual Property Rights

7.1 AnalyzeMyCalls Ownership

AnalyzeMyCalls and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, AI models, user interfaces, designs, documentation, and all Intellectual Property Rights therein. Nothing in these Terms transfers any ownership rights to you.

7.2 Customer Data Ownership

You retain all ownership rights in your Customer Data. By using the Service, you grant AnalyzeMyCalls a limited, non-exclusive license to process, store, and analyze Customer Data solely for the purpose of providing the Service and improving our AI models and algorithms (in anonymized and aggregated form only).

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

7.4 Trademarks

"AnalyzeMyCalls," our logos, and other marks are trademarks of AnalyzeMyCalls, Inc. You may not use our trademarks without prior written permission. All other trademarks appearing on the Service are the property of their respective owners.

7.5 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, disassemble, or decompile any part of the Service
• Remove or alter any proprietary notices or labels
• Use the Service to develop competing products or services
• Access the Service to build a similar or competitive product

8. Data Privacy and Security

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at www.analyzemycalls.ai/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2 Data Processing Agreement

For enterprise customers processing personal data subject to GDPR, CCPA, or other data protection regulations, we offer a Data Processing Agreement (DPA) that governs our processing of personal data on your behalf. Contact us at privacy@analyzemycalls.ai to request a DPA.

8.3 Security Measures

We implement industry-standard security measures to protect Customer Data, including:

• Encryption of data in transit (TLS 1.2+) and at rest (AES-256)
• Multi-factor authentication support
• Role-based access controls
• Regular security assessments and penetration testing
• SOC 2 Type II compliance
• AWS infrastructure with enterprise-grade security

8.4 Data Retention and Deletion

We retain Customer Data for the duration of your subscription and for a reasonable period thereafter as required for legal compliance. Upon termination, you may request deletion of your Customer Data, which we will complete within 90 days, except as required by law.

9. Confidentiality

9.1 Definition

"Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

9.2 Obligations

Each party agrees to: (a) protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information; (b) not disclose Confidential Information to third parties except as permitted; and (c) use Confidential Information only for purposes of this Agreement.

9.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.

10. Service Level Agreement

10.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Service, measured monthly. This commitment excludes scheduled maintenance (with at least 24 hours' notice), emergency maintenance, and circumstances beyond our reasonable control.

10.2 Support

We provide technical support according to your subscription plan:

• Standard support: Email support during business hours (9 AM - 6 PM EST)
• Priority support: Extended hours support with faster response times
• Enterprise support: 24/7 support with dedicated account management

10.3 Service Credits

If we fail to meet our uptime commitment, eligible customers may request service credits as specified in their Order Form or our published SLA policy. Service credits are your sole and exclusive remedy for any failure to meet the uptime commitment.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

11.2 AI and Analytics Disclaimer

The Service uses artificial intelligence and machine learning technologies to provide analysis and insights. While we strive for accuracy, AI-generated outputs may contain errors or inaccuracies. You should not rely solely on the Service for critical business decisions without independent verification. We are not responsible for any decisions made based on Service outputs.

11.3 Limitation of Liability

11.4 Essential Purpose

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

12. Indemnification

12.1 Your Indemnification

You agree to indemnify, defend, and hold harmless AnalyzeMyCalls and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service in violation of these Terms
• Your Customer Data or any content you upload to the Service
• Your violation of any applicable laws, including call recording laws
• Your infringement of any third-party rights
• Any claims by your employees, contractors, or Authorized Users

12.2 Our Indemnification

We will indemnify and defend you against claims that the Service infringes any third-party patent, copyright, or trademark, provided you promptly notify us of the claim and provide reasonable cooperation. If the Service is found to infringe, we may, at our option: (a) obtain a license; (b) modify the Service; or (c) terminate your subscription with a pro-rata refund.

13. Term and Termination

13.1 Term

These Terms are effective upon your acceptance and continue until your subscription is terminated. The Subscription Term is specified in your Order Form and automatically renews as described in Section 4.4.

13.2 Termination for Convenience

You may terminate your subscription at any time by providing written notice. Termination will be effective at the end of your current billing period. No refunds will be provided for the remaining portion of your subscription term unless otherwise required by law.

13.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party:

• Materially breaches these Terms and fails to cure within 30 days of notice
• Becomes insolvent, files for bankruptcy, or ceases operations
• Engages in illegal activity using the Service

13.4 Suspension

We may suspend your access to the Service immediately if: (a) you fail to pay fees when due; (b) your use poses a security risk or may harm other customers; (c) your use violates applicable laws; or (d) suspension is required by law.

13.5 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• You remain liable for all fees incurred prior to termination
• You may request export of your Customer Data within 30 days
• We will delete your Customer Data within 90 days (unless legally required to retain)
• Sections that by their nature should survive will continue in effect

14. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website. We will provide at least 30 days' notice of material changes via email or prominent notice on the Service. Your continued use of the Service after the effective date of modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@analyzemycalls.ai to attempt to resolve the dispute informally. Most disputes can be resolved through good-faith negotiation.

15.2 Binding Arbitration

Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in New York, New York, by a single arbitrator. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

15.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, any Order Forms, and any other documents incorporated by reference, constitute the entire agreement between you and AnalyzeMyCalls regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

16.5 Notices

Notices to AnalyzeMyCalls must be sent to legal@analyzemycalls.ai or to our mailing address. We may provide notices to you via email to the address associated with your account or by posting on the Service.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government prohibited party list.

16.8 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17. Contact Information

If you have questions about these Terms of Service, please contact us: