1. INTRODUCTION AND ACCEPTANCE
These Terms of Service ("Terms") govern your access to and use of the software-as-a-service platform, websites, applications, and related services (collectively, the "Services") provided by PresalesIQ, Inc. ("PresalesIQ," "we," "us," or "our"). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.
Where you and PresalesIQ have entered into a separate written agreement, master subscription agreement, or order form governing your use of the Services, the terms of that agreement will control to the extent of any conflict with these Terms.
2. DEFINITIONS
- "Account" means the account you create to access and use the Services.
- "Authorized User" means an individual you authorize to use the Services on your behalf.
- "Customer Data" means any data, content, or information that you or your Authorized Users submit to, or that is processed through, the Services.
- "Documentation" means the user guides, help materials, and specifications made available by PresalesIQ for the Services.
- "Order Form" means an ordering document or online order specifying the Services subscribed to and the associated fees.
3. ELIGIBILITY AND ACCOUNTS
The Services are intended solely for business and commercial use by organizations and their Authorized Users. You must be at least 18 years old and capable of forming a binding contract to use the Services.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us promptly of any unauthorized access to or use of your Account. You are responsible for ensuring that your Authorized Users comply with these Terms.
4. THE SERVICES AND LICENSE
Subject to your compliance with these Terms and payment of applicable fees, PresalesIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription term solely for your internal business purposes and in accordance with the Documentation.
We may update, enhance, or modify the Services from time to time. We reserve the right to suspend or discontinue any part of the Services, provided that any material change to the core functionality of a paid subscription will be handled in accordance with your Order Form or separate agreement.
5. CUSTOMER DATA
As between you and PresalesIQ, you retain all right, title, and interest in and to Customer Data. You grant PresalesIQ a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely as necessary to provide and support the Services, to prevent or address technical or security issues, and as otherwise permitted under these Terms.
You are solely responsible for the accuracy, quality, and legality of Customer Data and for obtaining all rights and consents necessary for PresalesIQ to process it. Our handling of personal data contained within Customer Data is described in our Privacy Policy.
We maintain appropriate technical and organizational measures designed to protect Customer Data, as further described on our Security page.
6. ACCEPTABLE USE
You agree not to, and not to permit any Authorized User or third party to:
- use the Services in violation of any applicable law or regulation;
- copy, modify, or create derivative works of the Services, or reverse engineer or attempt to derive the source code of the Services, except to the extent such restriction is prohibited by law;
- rent, lease, sell, sublicense, or otherwise make the Services available to any third party except as expressly permitted;
- upload or transmit any malicious code, or interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorized access to the Services or related systems or networks; or
- use the Services to store or transmit unlawful, infringing, or harmful material.
7. FEES AND PAYMENT
Fees for the Services are set out in the applicable Order Form. Unless otherwise stated, fees are quoted and payable in U.S. dollars, are non-refundable except as expressly provided, and are exclusive of taxes, which are your responsibility. You authorize us to charge the payment method you provide for all applicable fees.
Overdue amounts may accrue interest and may result in suspension of the Services following reasonable notice. Except as otherwise specified, subscriptions renew automatically for successive terms unless cancelled in accordance with your Order Form.
8. THIRD-PARTY SERVICES
The Services may integrate with or provide access to third-party products, services, or content that are not owned or controlled by PresalesIQ. Your use of any third-party services is governed by the applicable third-party terms, and PresalesIQ is not responsible or liable for third-party services. We do not warrant and are not responsible for the availability or continued interoperation of any third-party integration.
9. INTELLECTUAL PROPERTY
PresalesIQ and its licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights, and all improvements, enhancements, and modifications thereto. No rights are granted to you other than as expressly set forth in these Terms. If you provide any suggestions or feedback regarding the Services, PresalesIQ may use such feedback without restriction or obligation.
10. CONFIDENTIALITY
Each party may have access to the other party's confidential information. The receiving party will use the disclosing party's confidential information solely to perform its obligations or exercise its rights under these Terms and will protect it using the same degree of care it uses to protect its own confidential information of like kind, but in no event less than reasonable care. These obligations do not apply to information that is publicly available, independently developed, or rightfully received from a third party without a duty of confidentiality.
11. TERM AND TERMINATION
These Terms remain in effect for as long as you use the Services or have an active subscription. Either party may terminate these Terms for material breach that remains uncured for thirty (30) days after written notice. We may suspend or terminate your access immediately if you violate the Acceptable Use provisions or fail to pay applicable fees.
Upon termination, your right to access the Services will cease. You may request an export of Customer Data for a limited period following termination as described in the Documentation or applicable Order Form, after which we may delete Customer Data in the ordinary course. Provisions that by their nature should survive termination will survive.
12. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRESALESIQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PresalesIQ and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Services in violation of these Terms, or your violation of applicable law or the rights of a third party.
15. MODIFICATIONS TO THESE TERMS
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms on our website and updating the "Last updated" date above. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties agree to attempt in good faith to resolve any dispute informally before pursuing formal proceedings. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and the parties consent to personal jurisdiction in those courts.
17. GENERAL PROVISIONS
These Terms, together with any applicable Order Form or separate written agreement, constitute the entire agreement between you and PresalesIQ regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control.
18. CONTACT US
If you have questions about these Terms, please contact us:
PresalesIQ, Inc.
legal@presalesiq.ai
You can also reach our team through our contact page.