Terms & Conditions
Last Updated December 5, 2016
1. Who Can Register? The following article sets forth our eligibility and registration terms. If you are not eligible to register, please do not perform the activation of your account. Should you be found later to be non-eligible, then we may terminate your account without notice.
1.1 Eligibility. The services are not intended for minors, nor are they intended for any person who cannot enter into a legally binding agreement. When confirming these terms of service you warrant that you have the power and ability to enter into these terms and that there is no legal impediment prohibiting you from using the services.
1.2 Residence and Terrorist Affiliation. You do not reside in any proscribed state, such as North Korea, Iran, Lybia or Syria, and you are not affiliated with any terrorist organization such as the Islamic State of Iraq and Syria, Hammas, Hizbulla or Boko Haram.
2.Services. The following services are a part of our platform. We may add or deprecate services from time to time, and may withhold a portion of the services. Each of the services may be referred to as a part of our platform, or as a “Service”.
2.1 Artificial Intelligence Phone Operator. We may provide you with an artificial intelligence phone operator to be made available to your customers and callers. When doing so, you will receive a virtual number which you can receive calls through. Each call made shall be answered by our virtual operator and then redirected or managed via rules and guidelines you may provide us.
2.2 Guidelines. You may enter specific rules and guidelines for our operator, and it shall use our artificial intelligence engine to make decisions regarding how to manage your calls. You are solely responsible for these rules.
2.3 Dashboard. We may provide you with a dashboard to review the information entered by your customers and statistical information about your calls. .
2.4 Collection of Information. We may use statistical information received from different accounts to improve the services, but we will identify you or any other end users when doing so. This may be used to train our artificial intelligence service, to offer specific AI rules or to provide you with insights relating to the services.
At the heart of Over.AI’s technology is an artificial intelligent voice-enabled platform that is able to tackle complex tasks through listening, understanding and learning from its own environment in real time, by embracing natural language processing technology that allows end users to engage naturally and in a more human-like manner. This approach is a fundamental shift in human-computer interaction.
As smartphones sales have peaked, or at least leveled-off, digital voice assistants and devices are on the rise.
3. License. As long as you pay us the fees under these terms, you are hereby granted a personal, limited, temporary, revocable license to use the Over.Ai artificial intelligence engine to receive and analyze incoming phone calls and to provide your customers with a virtual phone operator. This license may be limited according to our acceptable use policy and may not be transferred to any third party.
4. Payment. All payments shall be made according to the payment schedule we publish from time to time. The payments shall be made by credit card, or other payment means.
4.1 In specific cases, we may request an advance payment for the services.
4.2 Value Added Tax shall be added, if required, to all our payment requests.
4.3 All subscriptions are based on a monthly recurring basis, which you can terminate at any time.
4.4 Cancellations and Refunds are treated on a case-by-case basis. Our refund policy is to refund solely payments made in advance for whole months. Meaning, that if you paid us for three months in advance and used 45 days, you will receive a refund equal to one month’s fees. We offset any discounts and coupons from all refunds.
4.5 We may withhold any delinquent account and forfeit all of its information in case of non-payment.
5. Acceptable Use Policy. We provide the service for your bona fide use. You may use the service for your own personal (or corporate) use. You shall not resell the service, allow third parties to access the service and/or information obtained through the service or make excessive calls and/or uses of the API the service. You may not reverse-engineer or otherwise circumvent any part of the service. We may put a cap on the number of server calls, incoming phone calls, bandwidth or other features. If we believe, in good faith, that you are using the services to compete with us, we may also withhold services. In any case of violation of our AUP, we may also take all funds paid as a penalty.
6. Content Policy. When we refer to “Content” we refer to the information you provided our engine in order to provide your customers with an artificial intelligence phone operator, including the name of your business, your services, their description, the pricing you have and any other information you posted through our services which is meant to be customer facing.
6.1 License To Use. You hereby license us an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use your Content and to allow users to use your Content according to the functionality of our service, all as required by its functionality.
6.2 Warranty. You hereby warrant that you are either the sole proprietor or a designated licensee of any Content you submit through the services and that no other party’s rights are infringed or violated by using the Content through the service. You moreover warrant that no legal claim, dispute or lawsuit was filed or threatened against you or for using the Content.
6.3 Trademarks. If your Content contains a trademark, then you hereby license us an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use and display any trademarks associated with your Content according to the functionality of the service.
6.4 Prescreen. You acknowledge that we cannot pre-screen all Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the service.
6.5 Disclosure of Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ourselves, our users, and the public. You understand that the technical processing and transmission of the Content through the service, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.6 Harmless. You agree and warrant to hold us and our users harmless and to immediately indemnify us or our users for any claim of copyright infringement, trademark dilution, patent infringement or other claim arising from the use of your Content according to these terms.
6.7 Notifications: Should you encounter any Content which you believe to be in violation of any of your rights, good name or copyrights, please file an infringement complaint to our content officer at firstname.lastname@example.org. Our officer shall examine your complaint and shall forward it to the user who published said Content for his answer. Should your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate us and the user which you reported as infringing. In your complaint you will be required to inform us with: (i) a written statement regarding which Content infringes your rights and proof that you hold those rights; (ii) what is the exact location or identifier of the Content; and (iii) notification that you believe that the use made by the Content is not considered fair-use, criticism, consumer protest or any other protected speech.
6.8 Moderation: Pursuant to any notification of infringement, and promptly thereafter, we may moderate the Content and review your request; we shall notify the user who posted the Content on your complaint, including your information and request his response.
6.9 Removal or Restoration: Should the user who posted the content fail to respond within 96 hours, we may remove the Content; had he responded, we shall inspect his response and had there any material questions of fact or law arise, shall forward his personal information directly to you so you could commence litigation over your complaint.
6.10 Indemnification. You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of: (i) your posting of any Content in direct violation of these Terms and Conditions, including any false representation; and/or (ii) any claim, complaint or notification filed maliciously or negligently against any user where no such claim had any legal standing.
7. No Malicious Activity. We place high value on the safe and bona fide use of the service. Each of the following malicious activities shall cause immediate termination of your account:
7.1 Spam. you may not use the service to spam, nor you may use spam to promote and distribute your content or account. For the purpose of this agreement, “spam” shall mean all and any uninvited or unsolicited postings or communications, including repetitive web-posting, splogs, unsolicited emails, short messages or social network messages, sending of invitations through social networks or end-users’ contacts and engaging in any harassing activity.
7.2 Viruses and Malware. you may not use the service to distribute Viruses and Malware, nor you may use viruses and malware to distribute links to the service. For the purpose of these Terms and Conditions, “Viruses and Malware” shall mean any and all software or code which acts without the end-users’ specific consent and/or performs any activity which was not intended to be performed by the end user, including any secret key-loggers, trojans, back-doors, and including any automated installers and updaters.
7.3 Adult Content. you may not use the service to distribute Adult Content to end-users, nor may you use Adult Content to distribute your content, where “Adult Content” shall mean any pornography, obscenity, nudity, or other content which may be harmful to minors.
7.4 Fraudulent Activity. You may not use the service for fraudulent activity nor you may use fraudulent activity to promote your content. Fraudulent activity shall mean any activity where (i) you mislead others to engage in specific actions for your benefit or the benefit of others; (ii) you defraud others to provide you with information and/or property which you are not entitled to receive; (iii) you act in violation of any applicable law using the services; or (iv) you otherwise act in bad faith through the service.
7.5 Illegal Activity. you may not use the service in any illegal activity nor may you use illegal activity to promote your account. Illegal activity shall mean any activity which is prohibited in the jurisdiction where the service is accessed from.
7.6 Infringing on Third Party Rights. you may not use the service in any manner which infringes third party rights, nor may you infringe any third party rights when using the service. Third party rights shall include, but not be limited to, right for privacy, copyright, patents, trademarks, goodwill, good name and other rights.
7.7 Invading Another’s Privacy. You may not share any personal information over the service without a person’s specific consent.
8.2 How Do We Collect Information? We collect the following information relating to your use of the services, which you provide us by either filling out forms and submitting this information through the services, by providing us access to third party services who provide us with information about you and by receiving information from trusted third parties. We also may use third party services as data providers for service improvements.
8.3 What Information Is Retained About You? We retain the following information about you: your user ID, your email, your hashed password. We may also store your IP address, approximate geolocation, the nature of your business and the incoming phone numbers you received.
8.4 What Non-Personal Information Do We Retain? We retain statistical and usage information, such as the pages you viewed, your browser type, your device type and other statistical, non-personally identifiable, information.
8.5 How Do We Use This Information? We use the information to provide you with the services and to introduce our users to each other. We may also use the information in a statistical, non-personally identifiable, manner to create different profiles, segments and other behavioral information.
8.6 Who Has Access To This Information? Our employees and contractors, who are under strict confidentiality obligations, have access to this information. We also may provide other third parties with statistical, aggregated, non-personally identifiable, information.
8.7 Who Else Has Access To This Information? We use a selected number of third party service providers who have limited access to the information under strict confidentiality obligations. These include our hosting and artificial intelligence services and our phone operators.
8.8 How Can We Contact You? We may contact you from time to time with updates relating to the service, or security warnings. We are intolerant to spam and will not spam you. We may also contact you with service updates and ways to improve your experience.
8.9 How Can You Review Your Information? You may use the services to review your information. If you feel such review is incomplete, then you may also contact us via email and we shall send you a full, detailed, file with all your personal information.
8.10 What Can You Do If You Feel Your Privacy Was Invaded? If you feel your privacy was invaded, please contact our privacy officer at email@example.com. Our privacy officer shall inspect the complaint and public periodic reports with aggregated, anonymous data.
8.11 Children’s Privacy. The Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect personal information from anyone it knows to be under 13 years. If we learn that we collected personal information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us.
8.12 Security. The security of personal information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the personal information submitted to it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable commercially acceptable means to protect your personal information, we cannot guarantee its absolute security or confidentiality.
9. No Warranty. We do not warrant for service’s quality and we supply it on an “as-is” and “as-available” basis. Your use of the services is at your own risk and under your liability. We make no warranty that: (i) the services will meet your requirements; (ii) the use of the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through services will meet your expectations; or (v) any errors in the services will be corrected. Moreover, you hereby acknowledge that the service is in early beta stage and that it is currently under development. You acknowledge that the service may be flawed and that some errors may occur.
10. No Liability. For no case and for no reason shall we be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. We provide the services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to your business, reputation, user account information including login information, loss of profit and loss of good name, all resulting from the use or inability to use services.
11. Indemnification. You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of: (i) Your use of the services in direct violation of these Terms and Conditions, including any false representation; and/or (ii) any claim, complaint or notification filed maliciously or negligently against us or any user where no such claim had any legal standing.
12. Amending these Terms. We may amend these Terms and Conditions from time to time, provided that you shall be informed through electronic communication on such amendment and shall be granted the option to terminate your agreements with us by providing a 30 days prior written notice.
13. Terminating The Services. We may terminate the services at any time, by providing a written notice of 30 days prior to such termination.
14. Independent Contractors. The parties enter into these terms as independent contractors. Nothing in these terms shall create any employee-employer relationship, partnership, joint venture, equity holdings or any other legal construction. We are not a part to your employment agreement.
15. Severability. If any provision of these Terms and Conditions shall be held unenforceable by any competent legal authority, it shall not limit the other provisions of these terms.
16. Governing Law, Jurisdiction, No Class Action: These Terms and Conditions shall be solely governed by the laws of the state of Israel and any dispute arising from it shall be solely brought to the competent courts of the Tel-Aviv district. You hereby warrant and undertake not to initiate any class action lawsuit against us, or any user of the service, for any cause and to solely seek your own damages.
17. Assignment. These Terms and Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.