Subscriber’s Compliance with Prerecorded Message and Consent Requirements
Subscriber understands and acknowledges that LiveHuman AI provides tools for Subscriber’s responsible use, and it is Subscriber’s sole responsibility for such use. Continued access and use of the LiveHuman AI Services is subject to Subscriber’s compliance with these Terms of Use. LiveHuman AI may monitor, but is not obligated to and bears no responsibility for, uploading of information, databases, or audio messages. In addition to other requirements set forth in these Terms of Use, Subscriber agrees that it shall comply with all applicable laws and the following requirements.
Compliance with Applicable Telemarketing and Dialing Laws
Subscriber agrees that it shall comply with and abide by all applicable Federal and State laws, rules and regulations governing the use of automated or prerecorded/artificial calls or texts, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule and accompanying Do-Not-Call regulations, and, without limitation, any and all current or future equivalent state telemarketing laws regulating the use of prerecorded or automated calls/texts, state do-not-call regulations, and state telemarketer registration requirements.
Subscriber shall provide accurate, correct, and truthful Caller ID information.
Subscriber shall provide all disclosures required by law.
Subscriber agrees and acknowledges that compliance with such laws is Subscriber’s sole responsibility.
Affirmative Consent Where Required
Subscriber acknowledges and understands that recipient consent is required for certain types of communications. Subscriber understands that there may be different “levels” of consent for different communications.
Without limiting the foregoing sections, if Subscriber does not have either consent or a business relationship with a recipient as required by applicable law or legally valid exemption from, or legally valid exception to, such laws, Subscriber shall not make that communication.
Subscriber (i) has and maintains personally or via a third-party the records to prove that Subscriber had the necessary consent, business relationship or legally valid exemption from, or legally valid exception to, such laws at the time of the communication and (ii) will provide certified copies of such records to LiveHuman AI promptly on LiveHuman AI’s email request.
Terms of Use
The following Terms of Service (the "Agreement") are entered into by and between LiveHuman AI, LLC ("LiveHuman AI") and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services. If you do not agree to this Agreement, you are prohibited from using or accessing our Services. We may modify these terms at any time by posting the revised terms on our website. Your continued use of our Service means that you have accepted the changed terms.
LiveHuman AI may at any time, without notice to you, revise this Agreement and any other information contained on this website by updating this posting. LiveHuman AI may also make improvements or changes in Services at any time without notice.
General
This website and all content on this website (the "Site") may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without LiveHuman AI's prior written consent, except that LiveHuman AI grants Subscriber non-exclusive, non-transferable, limited permission to access and display the web pages within this Site. This permission is conditioned on Subscriber not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Subscriber’s failure to comply with this Agreement will result in automatic termination of any rights granted to Subscriber, without prior notice, and Subscriber must immediately destroy all copies of downloaded materials in Subscriber’s possession or control. Except for the limited permission in the preceding paragraph, LiveHuman AI does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Subscriber may not mirror any of the content from this Site on another website or in any other media.
Certain Disclaimers
Information on this website is not guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. LiveHuman AI assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, Subscriber should confirm the accuracy and completeness of all posted information before making any decision related to any Services.
Subscriber Data
Subscriber provides to LiveHuman AI a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, copy, perform, reproduce, display, and distribute, including to create derivative works or incorporate into other works, all Subscriber-owned data provided by Subscriber or which Subscriber makes available to LiveHuman AI in connection with Subscriber’s use of the Services (“Subscriber Data”) for the limited purpose of fulfilling LiveHuman AI’s obligations under this Agreement, including without limitation conducting research, development, usage monitoring, and other day-to-day business activities.
Usage Data
Subscriber acknowledges that LiveHuman AI may obtain certain usage, technical, and statistical data regarding Subscriber’s use of the Services and that such usage, technical, and statistical data are the sole property of LiveHuman AI and are not Subscriber Data. LiveHuman AI may use and disclose usage, technical, and statistical data without restriction.
Confidentiality
During the performance of the Services, each party may disclose (the “Disclosing Party”) or receive (the “Receiving Party”) information of a confidential nature that is of value to the Disclosing Party, whether written or oral, that is:
marked as “confidential,” or with a similar designation;
identified by the Disclosing Party as confidential and/or proprietary before, during, or promptly after presentation or communication; or
disclosed to (or otherwise acquired by) the Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the information or data disclosed, that the information or materials should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”).
Disclosure and Use:
Except as provided below or with the prior written consent of the Disclosing Party, the Receiving Party will not:
disclose any Confidential Information of the Disclosing Party other than on a need-to-know basis to its directors, officers, members, managers, employees, affiliates, attorneys, and contractors, solely to the extent and only for the purpose of performing or exercising the Receiving Party’s rights and obligations under this Agreement;
except as otherwise provided in this Agreement, use Confidential Information other than for fulfilling the obligations or exercising the rights of the Receiving Party under this Agreement;
allow others to make copies of such Confidential Information except as is reasonably necessary to fulfill the Receiving Party’s obligations or exercise its rights under this Agreement; or
remove or export any such Confidential Information in violation of any applicable law. The Receiving Party shall treat the Confidential Information of the Disclosing Party, and will cause its directors, employees, attorneys, affiliates