Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Adtouch Labs, Inc. ("Adtouch Labs," "we," "our," or "us").

By providing a payment method, activating the Service, purchasing services, or otherwise accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not use the Service.

Adtouch Labs provides a reservation operations automation service that helps businesses monitor operational data, execute business processes, communicate with customers, and automate routine operational and revenue-generating activities.

The Service combines Customer data, automation technologies, communications infrastructure, and business system integrations to execute operational tasks on Customer's behalf. Artificial intelligence may be used where appropriate to improve operational efficiency and support data analysis, decision-making, customer communications, and workflow execution.

The Service may include one or more applications, including:

• Reservation operations automation
• AI-powered phone reception
• Customer messaging
• Revenue-generating customer engagement
• Business system integrations
• AI-generated summaries and reporting
• Additional applications introduced from time to time

The Service may utilize Customer-authorized information, including reservation systems, websites, CRM systems, knowledge bases, business documentation, and other connected data sources.

Artificial intelligence is one of the technologies used to provide the Service. Adtouch Labs may utilize artificial intelligence, automation technologies, business rules, and other software components as appropriate to deliver the applications and services described in these Terms.

You may use the Service only for your own legitimate business purposes and in accordance with these Terms.

You may not:

• Resell, sublicense, lease, or otherwise make the Service available to third parties without the prior written consent of Adtouch Labs.
• Use the Service for unlawful, fraudulent, deceptive, abusive, or unauthorized purposes.
• Attempt to interfere with, disrupt, reverse engineer, or gain unauthorized access to the Service or its underlying technology.

Adtouch Labs may suspend or terminate access to the Service if, in its reasonable judgment, Customer's use violates these Terms, applicable law, or creates a material security, operational, legal, or reputational risk to Adtouch Labs, its customers, or third parties.

The Service may access third-party systems authorized by Customer, including reservation platforms, customer relationship management (CRM) systems, help desk platforms, payment systems, websites, messaging providers, and other business applications.

Customer represents and warrants that it has the necessary rights, permissions, and authority to authorize Adtouch Labs to access and use information from such systems for the purpose of providing the Service.

Customer is responsible for providing any credentials, API keys, permissions, or other access reasonably required to implement and operate the Service.

Customer retains ownership of its customer relationships and all Customer Data made available to or processed through the Service, including reservation data, customer information, communications, and related business information.

Adtouch Labs processes Customer Data solely as necessary to provide, operate, support, secure, maintain, and improve the Service. Adtouch Labs does not sell Customer Data or use Customer Data for unrelated commercial purposes.

Adtouch Labs may use aggregated, anonymized, and de-identified operational information derived from the Service to improve the performance, reliability, security, and functionality of the Service, provided such information does not identify Customer or Customer's customers.

Customer is responsible for ensuring it has obtained any permissions, authorizations, and consents required by applicable law for communications initiated through the Service, including telephone calls, text messages, AI-assisted communications, call recording, transcription, and the processing of Customer Data.

The Service utilizes artificial intelligence and automated technologies that generate responses based on available information and probabilistic models. AI-generated responses, summaries, classifications, and recommendations may occasionally be incomplete, inaccurate, or unsuitable for a particular circumstance.

Customer remains responsible for determining the appropriateness of the Service for its intended use and for verifying information where operational, financial, safety, or legal considerations make verification appropriate.

Adtouch Labs employs commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. Additional information regarding our collection, use, retention, and protection of Customer Data is available in our Privacy Policy.

The Service, including all software, technology, artificial intelligence models, workflows, applications, documentation, trademarks, service marks, logos, and related intellectual property, is owned by Adtouch Labs or its licensors and is protected by applicable intellectual property laws.

Except for the limited right to use the Service in accordance with these Terms, no ownership or other rights are granted to Customer.

Suggestions, feedback, enhancement requests, or other ideas voluntarily provided by Customer may be used by Adtouch Labs without restriction or compensation.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADTOUCH LABS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

ADTOUCH LABS DOES NOT GUARANTEE THE ACCURACY OF AI-GENERATED OUTPUTS, CUSTOMER RESPONSES, CONTACT RATES, SALES CONVERSIONS, BOOKING RATES, REVENUE RESULTS, OR OTHER BUSINESS OUTCOMES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADTOUCH LABS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

ADTOUCH LABS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO ADTOUCH LABS DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Customer agrees to indemnify, defend, and hold harmless Adtouch Labs, its affiliates, officers, directors, employees, agents, licensors, subcontractors, and service providers from and against any third-party claims, damages, liabilities, penalties, losses, costs, and reasonable attorneys' fees arising out of or relating to:

• Customer's use of the Service;
• Customer Data or Customer instructions;
• Customer's communications or business activities conducted through the Service;
• Customer's failure to obtain required permissions or consents; or
• Customer's violation of these Terms or applicable law.

Customer may discontinue use of the Service at any time by notifying Adtouch Labs.

Adtouch Labs may suspend or terminate access to the Service immediately if Customer violates these Terms, fails to maintain a valid payment method, fails to make required payments, or uses the Service in a manner that creates a material legal, security, or operational risk.

Termination or suspension does not relieve Customer of responsibility for charges incurred prior to termination.

Adtouch Labs may modify the Service or these Terms at any time.

The version of the Terms identified by the Effective Date posted on the Adtouch Labs website supersedes all previous versions and governs all current and future use of the Service.

By continuing to use the Service after an updated version becomes effective, Customer agrees to be bound by the revised Terms.

Adtouch Labs may, but is not obligated to, provide notice of updates to these Terms. Customer is responsible for periodically reviewing the current Terms available on the Adtouch Labs website.

These Terms constitute the entire agreement between Customer and Adtouch Labs regarding the Service and supersede all prior or contemporaneous understandings relating to the Service.

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

No waiver of any provision of these Terms shall be effective unless made in writing.

Customer may not assign or transfer these Terms without the prior written consent of Adtouch Labs. Adtouch Labs may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Neither party shall be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, telecommunications failures, internet outages, cloud service interruptions, or other force majeure events.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Orange County, California, and each party irrevocably submits to the jurisdiction and venue of those courts.

If you have questions or concerns about this Terms, contact:

Adtouch Labs, Inc.

hello@adtouchlabs.com