Terms of Use

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

Please review this section carefully, as it affects your ability to have your rights determined by a court or in the form of a class action.

These Terms of Use (“Terms”) apply to your use of our website, software applications, and Unify’s other services (all together, “Services”). These Terms form an agreement between you and Unify AI Tech LLC, a Delaware limited liability company (“Unify”, “us”, “we”, or “our”).

By using our Services, you agree to be bound by these Terms and represent that you are at least 18 years of age. If you do not agree to these Terms, then do not use or access our Services.

Our Privacy Policy explains how we collect and use personal information.

Who we are

Unify believes in building high-integrity technology that brings opportunity to people where they are. With 20+ years deeply rooted in the call center space and more than 8,000 employees worldwide, we fuel visionary brands in transforming their customer journey. For more information about Unify, please email us.

Account

Registration. You must provide accurate and complete information to register for an account to use our Services. You agree to keep your information accurate, current, and complete. You may not share your account credentials and are responsible for all activities that occur under your account. We are not responsible for losses or damage caused by your failure to safeguard your account credentials. If you create an account or use the Services on behalf of another person or entity (a “Customer”), you agree (1) you have the authority to accept these Terms on such Customer’s behalf or (2) the Customer has executed an agreement with Unify to allow for your use of the Services (a “Customer Agreement”). You may also be bound by the terms of the Customer Agreement.

Using Our Services

You agree to comply with our Acceptable Use Policy.

Software. Our Services may require you to download software, including but not limited to web, desktop or mobile applications. These applications may update automatically to ensure we are delivering the best performant version to you. We are not responsible for the performance and behavior of our Services if you choose to not make the updates. Our software may include open source components governed by their own licenses that we have made available to you.

Corporate Domains. If you create an account using an email address owned by an organization (for example, a Customer), that account may be added to the organization's business account with us. The organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. The administrator may also make any Content relevant for Service related improvements and developments available to Unify.

Third Party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Feedback. Unify may solicit and you may provide to Unify suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services (“Feedback”). We appreciate your Feedback, and you agree that we may use it without restriction or additional compensation to you. Nothing in these Terms shall restrict Unify’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback without compensating or crediting you. By sending us Feedback, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback. This section shall survive any termination of your account, these Terms, or your participation in the Services.

Content

Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for all Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of Content. As between you, Customer, and Unify, and to the extent permitted by applicable law, you retain your ownership rights in Input and Customer owns the Output. We hereby assign to Customer all our right, title, and interest, if any, in and to Output. You and Customer hereby provide an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Output.

Similarity of Content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.

Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent Unify’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Unify.

Our IP Rights

We and our affiliates own all rights, title, and interest in and to (i) the Services and all improvements, enhancements or modifications thereto; (ii) any software, applications, inventions or other technology developed in connection with the Services or support; and (iii) all intellectual property rights related to any of the foregoing. Nothing in this Agreement shall be construed as granting you any rights in or to the Services, other than the right to use the Services as expressly stated in these Terms. Unless otherwise noted, all Unify content within the Services is the property of us and/or our affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.

License Grant‍

Subject to these Terms and any other agreement between you and us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms, you do not agree to the then-current version of these Terms, or we terminate these Terms or your account. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.

We may, at any time and in our sole discretion, temporarily or permanently (i) alter, suspend, discontinue, terminate or subcontract our Services in whole or in part, at any time and for any reason, without notice, or (ii) add or remove features, including without limitation making free services into paid services and vice versa. Our Services may also periodically become unavailable due to maintenance, technical issues, or other reasons. You understand and agree that Unify may monitor all use of the Services for security, operational, improvement and performance purposes.

Third-Party Beneficiary

Customers are express and intended third-party beneficiaries of these Terms. To the extent that your breach or threatened breach of these Terms causes any damage or liability to any such Customer, such Customer shall have the right to enforce any provision of these Terms. Except as otherwise expressly provided in these Terms, there shall be no-third party beneficiaries to these Terms.

Termination and Suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

• You breached these Terms.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Unify, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting legal@lightbird.ai.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Disclaimer of Warranties

OUR SERVICES AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR FREE, OR FREE FORM VIRUSES, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. NOR DOES UNIFY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. YOUR USE OF OR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. UNIFY HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICES. UNIFY EXPLICITLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH THE SERVICES.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

UNIFY’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Dispute Resolution

If a dispute or claim relating to these Terms arises, we each agree to make a reasonable and good faith effort to agree on an out-of-court solution and to resolve the dispute. To adequately engage in this initial dispute resolution process, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) your email address on file with Unify, or (b) legal@unifyco.ai, whichever is applicable (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

If no out-of-court solution is reached within 60 days, You and Unify agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.

Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. Unify will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and Unify agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Unify knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Unify agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.
• To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire Agreement. These Terms contain the entire agreement between you and Unify regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Unify.

Governing Law. New York law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Boston, Massachusetts.