Beta Terms of Service effective January 12, 2023.
2.0 Service Description
The Service provides sales assistance, including but not limited to text generation and customer engagement.
3.0 Reservation Payment
A $10 reservation payment is required to secure a slot on the waiting list for access to the Service. This payment does not guarantee access to the Service, it only guarantees a slot on the waiting list. The reservation payment is refundable. To request a refund, send an email to the address listed in section 9.0.
4.0 Suspension of Service
We reserve the right to suspend or terminate your access to the Service at any time and for any reason. The FirstQuadrant Beta Terms will automatically terminate upon the release of a generally available version of the FirstQuadrant applications. You acknowledge FirstQuadrant is under no obligation to make the Service generally available and may never do so. Further, should the Service become generally available, you acknowledge that continued access and use of the Service may be subject to your agreement to pay additional fees. FirstQuadrant reserves the right to modify or terminate the Service or the FirstQuadrant Beta Terms, and to limit or deny access to the Service, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.
You may discontinue your use of the Service at any time by uninstalling the applicable application(s) and optionally sending an email to [email protected] requesting that your FirstQuadrant account be deleted.
5.0 Intellectual Property Rights
You agree that, we own all legal rights, title and interest in and to the Service, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to the Service is granted. All generated text by the Service is also owned by us.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Service and/or any other aspect of FirstQuadrant technology, except as permitted by us.
You hereby grant us an irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, adjust, and display your logo or trademarks in connection to your use of our services. This includes, but is not limited to, use in marketing materials, advertisements, and on our website in order to illustrate that you are a customer of our service. This permission begins from the moment you sign up for the service as a free trial customer, paying customer, or on the waiting list.
6.0 Governing Law
This agreement will be governed by and construed in accordance with the laws of the country, without regard to its conflict of laws provisions.
7.0 Limits on Liability
In no event shall FirstQuadrant or its affiliates be liable for any indirect, special, consequential or incidental loss, exemplary or other damages related to these FirstQuadrant Beta Terms whether direct or indirect, however caused and based on any theory of liability, and whether or not for breach of contract, tort (including negligence), violation of statute, or otherwise, and whether or not FirstQuadrant has been advised of the possibility of such damages. To the extent permitted by applicable law, FirstQuadrant’s maximum liability hereunder is limited to $10.
Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to comply with the CAN-SPAM Act of 2003, the European Union's ePrivacy Directive, and all other applicable laws and regulations. You agree to not use the Service to send email that is misleading, deceptive, or fraudulent, or that violates the rights of others. If the laws of your country or jurisdiction require you to obtain consent from your recipients before sending them commercial email, you agree to do so before using the Service to send such email. You agree to comply with all applicable laws and regulations in connection with your use of the Service, and that the Service is not responsible for your compliance with such laws and regulations. You agree to indemnify and hold harmless the Service from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service.
8.0 Warranty Disclaimer
You hereby acknowledge and agree that the Service provided by FirstQuadrant on an “as is” basis and as available, and your access to and/or use of the Service are at your sole risk. To the extent permitted by applicable law, FirstQuadrant expressly disclaims all and you receive no warranties and conditions of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement. FirstQuadrant makes no warranty that any of the services will meet your requirements and/or that the services will be uninterrupted, timely, error-free or secure. You acknowledge and agree that the Service is not in scope for an SOC 2 type IIT and other independent security audits and security certifications. Some jurisdictions do not allow the exclusion of certain warranties and conditions, so some of the above exclusions may not apply to you.
You may send requests for technical support by emailing [email protected].