Terms & Conditions

THANKS FOR AGREEING TO USE AND EVALUATE SALESROOM, INC.’S (“SALESROOM”, “WE”, OR “US”) BETA VIRTUAL SALES CONFERENCING PLATFORM (“PLATFORM”)! BY CLICKING ON AN "ACCEPT" BUTTON OR ACCESSING OR USING OUR PLATFORM, YOU AGREE TO THE TERMS OF THIS BETA EVALUATION AGREEMENT (“AGREEMENT”) AND YOU AGREE THAT WE CAN COLLECT AND USE YOUR INFORMATION AS LONG AS WE COMPLY WITH OUR PRIVACY POLICY, WHICH IS PART OF THIS AGREEMENT. IF YOU’RE ACCEPTING THESE TERMS FOR YOUR COMPANY, YOU HAVE THE RIGHT TO ACCEPT THIS AGREEMENT FOR THEM. IF YOU DON’T (OR CAN’T) AGREE WITH OUR TERMS, PLEASE DON’T CLICK ON AN "ACCEPT" BUTTON OR ACCESS OR USE OUR PLATFORM.

MODIFICATIONS AND UPDATES TO TERMS

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Dialpad website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What you can and can’t do

You should (i) use our Platform for legal purposes and in a way that doesn’t violate any laws or someone else’s rights, (ii) not interfere with the operation or the security of our Platform, and (iii) respect our intellectual property rights in the Platform by not modifying, copying, loaning, sublicensing, reverse-engineering, distributing, disclosing, transferring, or selling any part of our Platform or anything else we provide through our Platform.

Confidential Information (“CI”)

“CI” means all information disclosed by one party to the other that should reasonably be understood to be confidential because of how the information was disclosed, the type of information, or how it’s labeled. CI may be disclosed in writing, electronically, or in any other way. A party will (i) take reasonable steps to protect the other’s CI from unauthorized use or disclosure similar to the steps it would take to protect its own, similar information, (ii) not disclose CI to any third party, and (iii) not use the other’s CI other than as part of this Agreement. A party can disclose the other’s CI to its employees and other agents (“Reps”) who need to know the CI to evaluate the Platform, and who are required to protect the CI under terms similar to those here. Our CI specifically includes the Platform and this Agreement.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

No Warranties; Limitations

THE PLATFORM IS PROVIDED BY US “AS IS”, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHICH WE EXPRESSLY DISCLAIM. WE DON’T GUARANTEE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS.

Except for the obligations under Section 4 and a party’s breach of the other’s intellectual property rights, neither party is liable to the other, regardless of the type of claim, for any direct, indirect, consequential, or other damages of any kind under this Agreement, including, for example, any damage or injury to business earnings, lost profits, or data, even if one party knows that those damages can occur.

Fees; Payment Terms.

Fees.  Customer will pay to Company any fees set forth on the Order Form in accordance with the terms and conditions set forth herein.  Payment obligations are non-cancelable and fees paid are non-refundable.

Payment Terms.  Unless otherwise stated in the Order Form, Company will provide an invoice to Customer for any fees due to Company. Customer will pay all fees to Company within thirty (30) days of receipt of any such invoice.  If payment of any fees are not made when due and payable, a late fee will accrue at the rate of the lesser of one and one-half percent (1.5%) per month or the highest legal rate permitted by law. If any past due payment has not been received by Company within thirty (30) days from the time such payment is due, Company may suspend access to the Company Platform until such payment is made.

Net of Taxes.  All amounts payable by Customer to Company hereunder are exclusive of any sales, use and other taxes or duties, however designated, including without limitation, withholding taxes, royalties, knowhow payments, customs, privilege, excise, sales, use, value added and Platform taxes (collectively “Taxes”).  Customer will be solely responsible for payment of any Taxes, except for those taxes based on the income of Company. Customer will not withhold any Taxes from any amounts due Company.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at team@attention.tech.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Massachusetts applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

LIMITATIONS OF LIABILITY.

Disclaimer of Consequential Damages.  EXCEPT FOR (A) CUSTOMER’S BREACH OF SECTION 1.2 (LICENSE RESTRICTIONS AND RESPONSIBILITIES) ABOVE AND (B) EITHER PARTY’S BREACH OF SECTION 5 (CONFIDENTIALITY) ABOVE, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST OR DAMAGED DATA, LOST PROFITS OR LOST REVENUE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF A PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF.

Extra Stuff

This Agreement is the only set of terms that governs our relationship and it overrides any other arrangements or agreements we might have in place about our relationship. This Agreement can’t be changed unless both you and Salesroom agree to the change in writing. Neither party will use the other’s name or logo in any press release or other public statements or marketing materials. If there’s a legal dispute, New York substantive laws will govern this Agreement. The parties are independent contractors.

For details of our DPA and SCCs that form part of these terms for users covered under GDPR, please visit https://help.salesroom.com/en/articles/8227971-gdpr

View list of subprocessors.

Last updated: April 2023