By registering for a user account (“User Account”) on our website, https://bot.ailystintel.com/account/signup/ (“Website”), and accessing the Website, you acknowledge that you have read, understand and agree to be bound by the terms and conditions stated herein, as may be updated from time to time (“Terms”), which form an agreement between you and Ailyst Intelligence Pte. Ltd. (Company Registration Number: 202001196Z) (“Company”), that is effective as if you had signed it.
Your access and use of the Website and its contents using the User Account are subject to the compliance of these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are not permitted to register the User Account and use the Website, and if you have already registered the User Account, you must terminate any such access or use of the User Account and the Website immediately.
The Company reserves the right to amend and update these Terms at any time at its sole discretion without prior notice to you. You are advised to regularly review and update yourself on these Terms. Please direct any questions you may have about these Terms, or technical questions or problems with the Website, to us at [●].
Only persons who are at least 21 years of age may register for and use the User Account. By registering and using the User Account, you represent and warrant to the Company that:
- you are at least 21 years of age; or
- you are accessing the Website with the consent and under the supervision of a responsible adult (at least 21 years of age) who agrees to take responsibility for all your actions.
REGISTRATION OF USER ACCOUNT
- Each person is only allowed to register ONE USER ACCOUNT, and in the event that you register for or use more than one User Account, the Company may terminate all your User Accounts for cause and subsequently bar or prohibit you from further using the Website.
- You may only register for the User Account through the Website.
- You may not register for or use a User Account if you (a) have previously been barred by the Company from using the Website; (b) are accessing it from a location which the Company has been barred from using the Website; or (c) are intending to use it for any non-permitted means.
You will be asked to create a password when registering for the User Account. In order to prevent fraud or theft of your User Account, you should:
- create and use a password of sufficient length and complexity;
- keep your password confidential and safe, and not disclose it with or to anyone;
- not use your password anywhere else other than at the Website;
- update your password from time to time; and
- change your password without undue delay if you suspect that your password has been compromised.
- If the Company has reason to believe that there is likely to be or there is a breach of security or misuse of your User Account, the Company may give notice to you to require you to change your password or may suspend your User Account without prior warning.
In registering the User Account, you represent and warrant to the Company that:
- you have read, understand and agree to these Terms;
- the information that you have provided to the Company for the purposes of registering the User Account is true and accurate in all aspects, and you will inform the Company without undue delay of any changes to the information that you have provided by updating your personal details through the Website; and
- you have not impersonated any person or falsely state any information provided to the Company for registering the User Account.
FUNCTIONS OF THE WEBSITE
Upon the successful registration of the User Account, you may access the Website using the User Account to do the following:
- view, amend and change your personal data;
- assess and use the services of the Company;
- trigger and/or schedule outbound call campaigns;
- receive inbound calls;
- upload contact list for outbound calls;
- analyse call results from campaigns;
- test bots;
- view call transcripts and listen to call recordings;
- upload audio recordings;
- terminate and close your User Account; and/or
- perform any other function that the Company may permit from time to time.
RESTRICTIONS OF USE OF THE WEBSITE
You are solely responsible for all acts and actions carried out through your User Account on the Website, and you agree that you are not allowed to:
- access the Website by any means other than using a standard web browser or mobile device;
- attempt to gain unauthorised access to or otherwise interfere or disrupt the Website in any way;
- sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Website or any content;
- copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Website;
- reproduce or disseminate Website or any part thereof in any way not expressly permitted by these Terms, or which use, reproduction or dissemination is prohibited by law;
- modify, alter or otherwise make any derivative uses of the Website or any portion thereof;
- remove, alter, or obscure any acknowledgement, credit, copyright, trademark, other proprietary rights, or other legal notice included with the Website;
- use any data mining, robot, or similar data gathering or extraction method on the Website;
- download (other than the page caching) any portion of the Website, except as expressly permitted;
- use the User Account and/or the Website for any illegal or unauthorised purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by the Company;
- attempt to indicate in any manner that you have a relationship with the Company or that the Company has endorsed you or any products or services for any purpose;
- do any acts or things that would result in any interference with the other users’ enjoyment of the Website;
- do any acts or things that would result in inconvenience being caused to the Company; and
- use the Website for anything other than its intended purpose.
- Any use of the Website other than as specifically authorised herein without the prior written permission of the Company is strictly prohibited and will result in a suspension or termination of the User Account and your right to access and use the Website.
- Your use of the Website is entirely at your own risk and to the fullest extent permitted by law, the Company will not be held liable in any way for any loss or damage caused by content posted on the Website.
- If you suspect that another person has taken over control of your User Account and you are no longer able to access it, you must notify the Company through any available means immediately. Upon receipt of such notification, the Company may suspend the relevant User Account pending the outcome of further investigations. You will continue to be fully responsible and liable for any act taken through your User Account until such date and time when the Company receives your notification.
MONITORING OF USER ACCOUNT; MAINTENANCE OF THE WEBSITE
You agree that the Company has the right, but shall not be obliged to:
- monitor, screen or otherwise control your activity of the Website through the User Account;
- investigate any violation of these Terms and may take any action it deems appropriate;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
- to request any information from you in connection with your use of the User Account and the Website at any time, whether for confirmation, verification or otherwise.
- The Company may also, from time to time and without giving any reason or prior notice, suspend access to your User Account or the Website for maintenance, upgrading, administrative work, or other similar works, and the Company shall not be liable if such maintenance, upgrading, administrative work, or other similar works prevents you from accessing the User Account or the Website.
- If the Company has reasonable grounds to believe that the User Account is in breach of any of these Terms, the Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities in the investigation of any potential wrongdoing. The Company may also disclose any personal data if requested by a government or law enforcement body or as a result of a subpoena or other legal action. The Company shall not be liable for damages arising from such disclosure, and you agree not to bring any action or claim against the Company for such disclosure.
- All contents on the Website are and remain at all times the property of the Company, including all logos, design and layout, pictures and descriptions, and all other designs, text, graphics, pictures, information, data, software, sound files, or other files available on the Website, and may not be used or imitated without the express authorisation of the owner of such content.
- Unless expressly stated by the Company, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any license granted is revocable at any time.
Your User Account may be closed or terminated under the following circumstances:
- voluntarily by you at any time; and/or
- by the Company, in its sole discretion, immediately and without notice suspend for any reason, including any breach by you of these Terms and/or any applicable laws and regulations.
- The closure or termination of your User Account does not affect any accrued right the Company may have against you or liability you may bear towards the Company.
- The Company may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Service”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Material”) on the Website.
- The Company does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Service or Third-Party Material including the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof.
- Your use of any Third-Party Service or Third-Party Material is entirely at your own risk. The Company is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Service or Third-Party Material, including any loss, damage, or harm of any sort incurred as a result of your use of Third-Party Service or Third-Party Material.
DISCLAIMER AND INDEMNITY
- The Company provides the services on the Website on an “as-is” and “as available” basis.
- Your use of any material on the Website, including any Third-Party Service or Third-Party Material, is entirely at your own sole risk. To the fullest extent permitted by law, the Company is not responsible for any issue that may result from your use of the Website, including any loss, damage, or harm of any sort incurred.
- To the fullest extent permitted by law, the Company disclaims any and all warranties and representations (express, implied, oral, or written) with respect to the Website. In particular, the Company does not warrant that the functions contained on the Website will be accurate or meet your requirements, that the operation of the services will be uninterrupted or error-free, or that any defects in the services will be corrected.
You shall indemnify, defend, and hold harmless the Company and each of its officers, directors, employees, agents, and others acting in concert with us from and against any loss, liability, claim, demand, cost and expense, including without limitation reasonable legal costs, due to or arising out of, or in connection with:
- your use of or reliance on the Website (including a User Account), whether negligent or otherwise;
- your use or reliance on any links to third party websites that may be found on the Website;
- your breach of these Terms and/or any applicable laws and regulations; and/or
- any errors, omissions and/or inaccuracies whatsoever or of any information set out in the Website.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to the Company that:
- you have the full capacity and authority and all necessary licenses, permits, and consents to enter into these Terms and any other document to be entered into by you hereunder or in conjunction with these Terms;
- these Terms and each document to be executed pursuant to, under it, and in conjunction with it constitute valid and binding obligations on you and (where relevant) will bind your personal representatives, successors, and assigns in accordance with its respective terms; and
- the performance of your obligations under these Terms does not:
- result in a breach of, or constitute a default under, any instrument, agreement or arrangement to which he is a party or by which you are bound; or
- result in a breach of any order, judgment, or decree of any court or governmental agency to which you are a party or by which you are bound.
- Unless otherwise provided under these Terms, the provisions of these Terms and the Company’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies the Company may have in law or in equity, and no exercise by the Company of any one right or remedy under these Terms, or at law or in equity, shall operate so as to hinder or prevent the Company’s exercise of any other such right or remedy as at law or in equity.
- The Company’s failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right of the Company to enforce these Terms in the future.
- If at any time any provision of these Terms shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms.
- A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms.
- The use of the User Account and/or the Website and these Terms shall be governed by and construed in accordance with Singapore law and you hereby submit to the non-exclusive jurisdiction of the Singapore courts.