Terms of Service

Last Updated: December 8, 2024

This is an agreement between you or the entity you represent (“You” or “Your”) and Jesse Hernandez, an individual based in the Dominican Republic, doing business as “Chatwarden” (“Chatwarden,” “we,” “us,” or “our”), governing Your use of the Chatwarden automated call coaching web application and related services (collectively, the “Services”).

Acceptance of the Agreement

By creating an account, using the Services, or otherwise indicating Your acceptance, You agree to be bound by these Terms of Service and any related policies or guidelines referenced herein. If You do not agree, You may not use the Services.

Description of Services

Chatwarden provides an automated call analysis and coaching platform designed for businesses and their customer support teams. The Services include:

• Integration with Your chosen third-party VOIP providers via API keys You supply, to access completed call recordings.
• Automatic transcription, analysis, and scoring of agent-customer interactions based on Your provided training materials and call data.
• Providing agents with constructive feedback and suggestions for improvement, referencing excerpts from their calls.
• Tracking agent performance over time via call scores and coaching guidance.

Eligibility

You must be of legal age and authorized to enter into a binding contract in Your jurisdiction to use the Services. By using the Services, You represent and warrant that You meet these requirements.

User Accounts and Responsibilities

• Account Creation: You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of Your login credentials.
• Authorized Users: If You are an organization or business, You may allow Your employees or agents to use the Services under Your account. You assume responsibility for their compliance with these Terms.
• Your Content and Data: You are solely responsible for any content You upload or provide, including SOPs, training materials, and call data. You must have all necessary rights and permissions to use such content.

Acceptable Use

You agree not to use the Services to:

1. Violate any applicable local, state, federal, or international laws, including call recording or privacy regulations.
2. Upload or transmit any unlawful, defamatory, harassing, or infringing material.
3. Attempt unauthorized access to any systems or networks related to the Services.
4. Interfere with the integrity, security, or performance of the Services.
5. Transmit viruses, malware, or other harmful code.
6. Misrepresent Your identity, engage in fraud, or use the Services for illegal activities.

Intellectual Property

Your Content: You retain all rights to any content You upload. We do not claim ownership over this content.

Chatwarden IP: Chatwarden retains all rights, title, and interest in the Services. You may not duplicate, distribute, or create derivative works from our IP without written permission.

Service Credit Terms

These Service Credit Terms (“Credit Terms”) apply to any credit redeemable for the Services (“Service Credit”). Capitalized terms used but not defined in these Credit Terms will have the meanings set forth elsewhere in these Terms of Service.

1. Prepaid Service Credits: We may offer the option to prepay for certain Services through the purchase of credits (“Prepaid Service Credits”). Prepaid Service Credits represent the amount You have paid in advance for use of the respective Services. Additional terms may apply to specific Services.
2. Promotional Service Credits: We may also offer Service Credits free of charge as part of a promotional program (“Promo Service Credits”). Promo Service Credits will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to You.
3. Nature of Service Credits: Service Credits are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value; have no equivalent value in fiat currency; do not act as a substitute for fiat currency; and do not confer upon You any property right. Service Credits are non-transferable and may be used only in connection with the applicable Services.
4. All Sales Final / No Refunds Except Billing Errors: All sales of Service Credits are final. We do not offer refunds for used or unused Service Credits under any circumstances. The only exception is in the event of a verifiable billing error on our end, as described in our Refund Policy. Unless otherwise specified at the time of purchase, any unused Service Credits expire one year after the date of purchase or issuance.
5. Balance Verification: Your available Service Credit balance may be reviewed in Your Chatwarden account. You are solely responsible for verifying that the proper amount of Service Credits has been added to or deducted from Your balance. Your Service Credit balance is not a bank account, digital wallet, stored value account, or other payment device.
6. Prohibited Transfers: We prohibit and do not recognize any purported transfers, sales, gifts, or trades of Service Credits. Any attempt to use, sell, or transfer Service Credits in any manner violates these Terms and may result in revocation, termination, or cancellation of the Service Credits and/or Your use of the Services without refund and/or immediate suspension or termination of Your account.
7. Suspension or Termination: We reserve the right to suspend or terminate Your use of the Services, including suspending or terminating Your Service Credit balance, as permitted by law and these Terms.
8. Modifications to Credit Terms: We may modify these Credit Terms at any time by posting a revised version on our website or by sending notice to the email associated with Your account. The modified Terms will become effective upon posting or, if we notify You by email, as stated in the email message. By receiving or using any Service Credit after the effective date of any modification to these Credit Terms, You agree to be bound by the modified Terms.

Privacy

Our Privacy Policy governs the handling of personal information and call data. By using the Services, You agree to the terms of our Privacy Policy.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CHATWARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CHATWARDEN (JESSE HERNANDEZ) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR CREDITS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Jesse Hernandez (Chatwarden) and any affiliates or agents from and against any claims, damages, losses, or expenses arising out of or related to Your use of the Services, violation of these Terms, or infringement of third-party rights.

Termination

We may suspend or terminate Your account if we reasonably believe You have violated these Terms or applicable law. Upon termination, Your right to use the Services ceases, and we may delete Your data after any legally required retention period.

Changes to the Terms

We may modify these Terms from time to time. If changes are significant, we will provide notice via email or a service announcement. Your continued use of the Services after the changes become effective constitutes Your acceptance of the revised Terms.

Governing Law and Dispute Resolution

These Terms are governed by and construed under the laws of the United States and applicable state laws. All disputes arising from or related to these Terms shall be resolved in a court of competent jurisdiction in the United States.

Contact

If You have questions or concerns, please contact us at [email protected].