Welcome! Please read the below listed Terms of Service (the “Terms”) carefully because they govern your use of Kore.ai, Inc.’s (“Kore.ai” or “our” or “we”) messaging and networking service and bots accessible via our website located at www.kore.ai (“Site”) and our mobile device application (“App”), that enables the access and use of (i) bots, (ii) instant messaging, sharing, networking and collaboration between individual consumer users (“Individual Consumer Use”), among members of discrete groups, such as teams within an organization (“Team Use”), and amongst individuals and teams across entire organizations (“Enterprise Use”), through a secure platform that gives users control over their privacy and content; and (iii) other services made available via the Sites or App from time to time. To make these Terms easier to read, the Site, our services (including but not limited to bots, messaging and networking, and other services) and App are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, the use of the Services is not permitted. If you are accessing and/or using the Services on behalf of any company, organization or any association of individuals, such as partnership or unincorporated business entity, which may include your employer (“Organization”) or any other legal entity, you represent and warrant that you have the authority to bind such Organization or other legal entity to these Terms. In such cases, “you” and “your” will refer to that company or other legal entity.
Changes to Terms or Services
In our sole discretion, we reserve the right to modify the Terms at any time,. In case of any such modification, the updated and/or modified Terms shall be uploaded on the Site and the App. For registered users, we shall provide a notification via email to the registered email ID. Please review the modified Terms Continued use of the Services after notification of the modified Terms, indicates that you agree to be bound by such modified Terms. If you do not wish to be bound by the modified Terms then you shall no longer use the Services. Because our Services are evolving over time, keeping in connection with the changing business and work environment, we reserve the right to change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are thirteen (13) years or older and are not barred from using the Services under applicable laws of the country from which you are accessing the Services.
Registration and Your Information
If you want to use the Services, whether for Individual Consumer Use, Team Use, or Enterprise Use, you will be required to create an account (“Account”). You can do so via the Site or the App. You agree to keep your Account credentials accurate and up to date and that you shall not disclose your Account login credentials to anyone and you shall notify us immediately of any unauthorized use of your Account. You will be responsible for all activities that occur under your Account, whether or not you know about such usage.
Using the Services
As part of our Services, Account holders may communicate with other Account holders with whom they are connected through the Services through the use of our direct messaging functionality. In addition to sending and receiving text messages, Account holders will be able to send and receive User Content (defined below), including content and multimedia files such as documents, photos and videos, as well as URLs, via our Services’ functionality. Account holders have the right(s) to control the messages they send through the Services. For example, Account holders can: (i) delay delivery of messages under certain circumstances for a specified time period, (ii) control who can see certain messages, (iii) impose forwarding, copying, saving, and screenshot restrictions (and trigger alerts when such events occur), (iv) control how long messages persist on the Services, and (v) recall messages so that the messages are no longer accessible through the Services. Additionally, Account holders can configure the Services in order to receive alerts or other notifications through the Services when certain events occur, and trigger certain actions in other systems in response. Kore.ai offers three distinct versions of the Services depending on whether you plan to use the Services for Individual Use, Team Use, or Enterprise Use, and each version is available on both a free and a paid basis. For the Individual Consumer Use and Team Use versions of the Services, you can create your Account using either your personal email account or an email account associated with your employer.
Additionally, as part of our Services, Account holders may have the ability to access and utilize certain bots to the extent made available to such Account holders in Kore.ai’s sole discretion. Bots are pieces of software that connect directly to enterprise and consumer apps, systems, websites, and more through APIs.
For organizations that pay for the Enterprise Use version of the Services, Kore.ai allows each such organization’s members to access and use the Services via an email account associated with such organization (an “Organizational Account”). The Enterprise Use version of the Services includes an administration panel (“Admin Panel”) that enables designated Account holders from an organization (“Administrators”) to control that organization’s members’ access to and use of the Services through their Organizational Account. Administrators with permission(s) to login to the Admin Panel can view all activities engaged in by Account holders from their organization who have logged into the Services through their Organizational Account; control and manage such Account holders’ activities through the Services via their Organizational Account; organize and manage the data submitted by such Account holders through the Services via their Organizational Account; and control any messages sent by such Account holders via their Organizational Account. Also, if you are using the Individual Consumer Use or Team Use versions of the Services via an Account that is associated with your Organizational Account, and your organization later decides to purchase the Enterprise Use version of the Services, information on all activities you have engaged in through the Services since the inception of your Account will be accessible to your organization’s Administrators through the Admin Panel. So, if you are an Account holder logging in to the Services through your Organizational Account, please be aware that your activities under such Account may not remain private.
Individual Consumer Use
For our individual consumer users, from time to time, we may offer, and charge such Account holders for, certain additional features within the Services, such as the ability to add emoticons to messages sent through the Services (each such feature, a “Paid Feature”). You agree to pay us the applicable fee(s) for any Paid Feature(s) that you purchase through the Services. If you elect to purchase a Paid Feature, we or our third party payment services provider will either charge your credit card or other payment instrument on file or invoice you for your purchase, as applicable. Please note that in case of an invoice, the Paid Feature(s) shall be activated only after the invoice has been paid.
To the extent any portion of the Services is made available to you for a fee, you will be required to select a payment plan and provide Kore.ai with accurate information regarding your credit card or other payment instrument(s). You will promptly update your Account information with any changes in your payment information. You agree to pay Kore.ai the amount that is specified in the applicable payment plan in accordance with these Terms and any other terms associated with such payment plan, and you authorize Kore.ai to bill your payment instrument on a periodic basis in accordance with such terms. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site or App and in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Kore.ai may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you dispute any charges, you must notify Kore.ai within thirty (30) days after the date Kore.ai invoices you or bills your payment instrument, as applicable. You shall be responsible for all taxes associated with Services other than all applicable U.S. taxes based on Kore.ai’s net income.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You agree that all Feedback will be the sole and exclusive property of Kore.ai and you hereby irrevocably assign to Kore.ai and agree to irrevocably assign to Kore.ai all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you’ll execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Kore.ai does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Kore.ai and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Kore.ai a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use, reproduce, modify, create derivative works based upon, publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Kore.ai on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You are in control of your User Content, and you can remove your User Content at any time by specifically deleting it.
Rights in Content Granted by Kore.ai
Subject to your compliance with these Terms and our policies (including our Acceptable Use Policy), Kore.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content that is not User Content, and to use, reproduce, distribute copies of, create derivative works based upon and publicly display and publicly perform any User Content, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. This means that other users of the Services may have access to your User Content including rights to modify such User Content, as is permitted by the functionality of various features of the Services.
Alerts and Notifications
As part of the Services, you may (if enabled) receive push notifications, [text messages], alerts, emails, or other types of messages from Kore.ai directly sent to you via the Site or outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier. For calls or text messages to the phone number you may provide during the registration process, by agreeing to these Terms you authorize Kore.ai to send texts or make calls to your phone using an automated mechanism, such as an auto dialer, or a prerecorded voice. You are not required to provide this consent as a condition to using the Services and may opt out of such messages by not providing your phone number during the registration process.
Rights and Terms for Apps
Rights in App Granted by Kore.ai
Subject to your compliance with these Terms, Kore.ai grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Kore.ai reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you download the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and Kore.ai, and not with the App Provider, and that Kore.ai (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of Kore.ai.
- The App Provider is not responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession or use of that App infringes that third party’s intellectual property rights, Kore.ai will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Acceptable Use Policy and Kore.ai’s Enforcement Rights
Acceptable Use Policy
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy, we might have to suspend or terminate your Account.
Kore.ai’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Kore.ai respects copyright law and expects its users to do the same. It is Kore.ai’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders. Please see Kore.ai’s Copyright Policy at https://www.kore.ai/kore-copyright-policy/ copyright policy for further information.
Third Party Websites, Resources, or Applications
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
In connection with the Services, Kore.ai may make available certain third-party software applications (“TP Apps”), including TP Apps that interoperate with Services. Your use of TP Apps may be governed by the terms and conditions of an end user license agreement (“TP EULA”) between you and the publisher of such TP App (“TP Publisher”). The TP Publisher has the right to enforce the TP EULA against you. If you do not want to comply with the TP EULA for a TP App, you must not use that TP App. Kore.ai is not a party to the TP EULA for any TP App. Unless otherwise agreed to in writing by Kore.ai, any support or maintenance of the TP Apps shall be provided by the TP Publisher and only to the extent described in the TP EULA. You agree and acknowledge that Kore.ai has no responsibility for providing such support and maintenance. Failure of TP Publisher to provide support and maintenance will not entitle you to any refund of fees from Kore.ai in connection with obtaining the applicable TP App or support and maintenance.
Any information that a TP Publisher collects from you or your device will be subject to the applicable TP EULA, privacy notice, or similar terms that the TP Publisher provides to you. You hereby explicitly acknowledge and authorize Kore.ai to, in connection with your purchase, download, or use of one or more TP Apps, provide the TP Publisher with the information provided by you in completing the purchase. If you purchase, download, or use TP Apps, such TP Apps may transmit your data outside of Kore.ai’s systems during normal use, and the TP Publishers of those TP Apps may be able to obtain access to your data in the Services through an application programming interface (API) or other means. Such access may result in the disclosure, modification or deletion of your data by those TP Publishers or their TP Apps. Further, the TP Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the TP Apps. Kore.ai is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through TP Apps or their TP Publishers. The third-party content included in the TP Apps is the sole responsibility of the TP Publisher of that content. Kore.ai is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree that you bear all risks associated with using or relying on TP Apps. Kore.ai does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any TP Apps (including without limitation any applications or content contained therein), regardless of who originated that content.
KORE.AI HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO SUCH TP APPS. KORE.AI SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO YOUR USE OF OR RELIANCE UPON ANY TP APPS.
In addition to the foregoing provisions regarding TP Apps, Kore.ai does not control, and are not responsible for, any third-party data, content, services, or products (including software) that you access, download, receive or buy while using the Services. Kore.ai may, but does not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. Kore.ai is not a publisher of third-party content accessed through the Services. Kore.ai is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
Kore.ai reserves the right to terminate your access to and use of the Services, at its sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; the first paragraph of Content Ownership, Responsibility and Removal regarding Kore.ai’s ownership of the Content and Services; Termination; Warranty Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, KORE.AI EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Kore.ai makes no warranty that the Services will meet any specific requirements or be available on an uninterrupted, secure, or error-free basis. Kore.ai makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Kore.ai makes no warranty regarding, and will have no liability in connection with, any alerts, notifications and/or corresponding actions programmed through the Services (such as the triggering (or lack thereof) of alerts or other notifications, the timeliness of delivery of any such alerts or notifications, the occurrence of any actions in other systems in response to an alert or notification, or the timeliness of the occurrence of such actions).
You will indemnify and hold harmless Kore.ai and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER KORE.AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KORE.AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH JURISDICTION(S) THE ABOVE LIMITATION SHALL NOT APPLY TO YOU.
IN NO EVENT WILL KORE.AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO KORE.AI FOR USE OF THE SERVICES OR CONTENT; OR FIFTY DOLLARS ($50), IF YOU DO NOT HAVE ANY PAYMENT OBLIGATIONS TO KORE.AI, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KORE.AI AND YOU.
Storage of Information
In accordance with the GDPR requirements, Account Holders who are residents of European Union member countries provide their explicit and unqualified consent for
(a) The storage of personal data of all Account Holders;
(b) The processing of personal data of all Account Holders for the following purposes:
a. Ensuring a personalised experience when consuming content on the website
(c) The personal data collected shall be used only for purposes which is listed above;
(d) The transfer of personal data of all Account Holders outside the geographic boundaries of the European Union;
(e) The storage and processing of personal data of all Account Holders outside the geographic boundaries of the European Union;
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Kore.ai agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Kore.ai are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kore.ai otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration will be conducted in the United States of America. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Kore.ai submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Kore.ai will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Kore.ai will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Kore.ai changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Kore.ai’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kore.ai in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Kore.ai and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kore.ai and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kore.ai’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Kore.ai may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Kore.ai under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Kore.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kore.ai. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. If you are accessing the Services through an Organizational Account, Kore.ai reserves the right to use your organization’s name as a reference for marketing or promotional purposes on Kore.ai’s website and in other communication with existing or potential Kore.ai customers. For example, we might list your organization on one of our web pages under lists of Kore.ai customers. We don’t want to list customers who don’t want to be listed, so you may send an email to firstname.lastname@example.org stating that your organization does not wish to be used as a reference.
If you have any questions about these Terms or the Services, please contact Kore.ai at email@example.com.