1. Introduction
ConnectPlex.ai, including its affiliates (“ConnectPlex,” “we,” or “our”), operates the "Service," defined as any website, web page, or mobile application on which these Terms appear. The Service includes any data, transactions, or services provided or facilitated through ConnectPlex.ai. These Terms of Service (“Terms”) are a legally binding agreement between you and ConnectPlex.ai.
You accept and agree to these Terms of Service by either:
If you violate these Terms of Service, or if you do not agree to these Terms of Service, you shouldn’t access (and you don’t have our permission to access) the Service. In addition, if you intend to provide to us, or receive from us, data regarding European residents, please see Section 17, which you must agree to.
2. Account Registration
If any of our Services require you to create an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form or you may login through a third-party processor such as your Google account. In the latter case, personal information you provided to that third party, such as your name, email address, and other information, your privacy settings on that service allow us to access, will be used to create your ConnectPlex.ai account. Your member account will include a username and password of your choice.
You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for all activity that occurs under your account. If you notice any unusual activities or suspect unauthorized activity on your account or any other breach of security, you must immediately notify us at support@connectplex.ai. ConnectPlex.ai will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by ConnectPlex.ai or our suppliers due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We reserve the right to terminate unpaid user accounts and accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such a user account will be deleted.
3. Services
As part of the Services, we offer access to various resources, including documentation and product information, download areas, web services, software, developer tools, sample code, training courses, learning materials, and Application Program Interfaces (“APIs”). Your access to and use of these Services—including any updates, improvements, or new features—are governed by these Terms, unless we’ve provided specific products or services under separate terms, in which case those terms will apply.
Software
Unless you have a valid agreement with ConnectPlex.ai that entitles you to do so, you may not copy, reproduce, resell, sublicense, or redistribute any software made available to you. For your convenience, we may make available various tools and utilities for you to download and use as part of the Services.
Some of the tools and utilities provided as part of the Services or made available for download use artificial intelligence and machine learning (collectively, “AI”) to allow you, your employees and agents, or your customers and other end-users to submit text and other materials (a “Prompt”) and receive AI-generated results (“Output”) via various interfaces, including APIs, chatbots, and web portals (collectively, the “GenAI Services”). Some of the GenAI Services may be integrated into your application or software environments through interfaces that allow users to submit Prompts and receive Outputs. We are constantly working to improve the AI features of our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of AI, use of the GenAI Services may result in incorrect Output that does not accurately reflect real people, places, or facts. The GenAI Services may generate responses by reading a user’s request and then predicting the next most likely words that might appear in response. In some cases, the most likely next words may not be the most factually accurate ones. For these reasons, you should not rely on the factual accuracy of Output from the GenAI Services. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. Where human review is not possible or practical, you are responsible for providing appropriate notice to your users, including end users accessing AI through your platform, that is sufficient for them to understand the limitations of any AI features being used, including, but not limited to, that users should not rely on factual assertions in Outputs without independently fact-checking their accuracy and that users may be exposed to content they may find offensive, inappropriate, or objectionable. You are solely responsible for the actions you take using the GenAI Services, including for ensuring that your use of the Output does not violate any applicable law or these Terms. You agree that you use the GenAI Services at your own risk.
We do not make any assurances with regard to the accuracy of the results or output, including the Output from the GenAI Services, that derives from such use of any such tools and utilities.
Documentation
Except as otherwise set forth in the terms that accompany any documentation made available to you as part of the Services, you may annotate, translate, and make a reasonable number of copies of such documentation for your internal use in designing, developing, and testing your software, products, and services, and you may distribute a reasonable amount of portions of the documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the documentation and ensure that both the copyright notice and this permission notice appear in those copies. The documentation and related graphics published on this Website may contain technical inaccuracies or typographical errors.
4. Video, Voice and Text Services
In connection with outbound calling and sending short message services (“SMS”) /multimedia messaging messages (“MMS”) through the Services (“Video, Voice and Text Services”), ConnectPlex.ai disclaims any liability with regards to (i) third-party wireless service providers (“Carriers”) or (ii) third-party intermediaries that transmit calls and SMS/MMS messages between Providers (as defined below) and Carriers (“Aggregators”), including regarding system capacity, message throughput, or actual delivery to an End User’s device. In addition, Carriers and/or Aggregators may charge additional per-message fees for SMS/MMS messages. ConnectPlex.ai will invoice Customers monthly in arrears for such fees, if any.
In some situations, such as for demonstration purposes or to report information about your account, ConnectPlex.ai may send text messages (including SMS and MMS) to your phone number. You hereby consent to receive SMS/MMS from us for such purposes. In order to receive assistance or help, simply text HELP. Reply STOP to opt out. Message frequency varies; message and data rates may apply.
b. THE PARTIES AGREE THAT:
(I) IF THE VIDEO, VOICE AND TEXT SERVICES DELIVERY PROVIDER USED BY CONNECTPLEX.AI (“PROVIDER”) SEEKS INDEMNIFICATION FROM CONNECTPLEX.AI FOR DAMAGES OR FINES ARISING FROM CUSTOMER’S USE OF THE VIDEO, VOICE AND TEXT SERVICES IN VIOLATION OF THE APPLICABLE LAW) (A “CLAIM”), THEN CUSTOMER WILL INDEMNIFY CONNECTPLEX.AI FOR SUCH CLAIM; AND (II) IF SUCH CLAIM IS NOT SUBJECT TO ANY LIMITATION OF LIABILITY BETWEEN CONNECTPLEX.AI AND THE PROVIDER, THEN CONNECTPLEX.AI’S INDEMNIFICATION OBLIGATIONS TO CONNECTPLEX.AI WITH RESPECT TO SUCH CLAIM SHALL ALSO NOT BE SUBJECT TO ANY LIMITATION OF LIABILITY.
c. While certain features of the Video, Voice and Text Services may be used to support
Customer’s compliance efforts, Customer acknowledges that no features or functionality of the Video, Voice and Text Services are intended to be relied upon as a compliance tool. All such features are made available without any warranties and/or commitments of fitness for such Customer’s compliance purposes. ConnectPlex.ai shall not be liable for any breach of Customer’s contractual, legal, regulatory, or any other compliance obligations in connection with the use of the Video, Voice and Text Services.
d. ConnectPlex.ai shall not be liable for any damages or infringements related to voice content or voices generated by Customer or for Customer. Customer shall indemnify ConnectPlex.ai from all possible claims related to harms or damages caused by the voice content or voices generated by Customer’s use of the Services. Additionally, Customer guarantees that:
i. It shall receive all necessary permissions and releases from actors to instantly clone their voice;
ii. It shall receive all necessary permissions and releases from actors to professionally clone their voice (if such service is used).
e. For Customers availing voice bot Services in India, the following additional provisions shall apply:
i. The Customer undertakes responsibility in respect of users (being employees or Client of the Customer mentioned in the Order Form in whose name the phone connection(s) is procured, particularly in respect of bonafide use, users’ identity and traceability in the event of any security verification conducted by any relevant agencies (foreign or Indian)/authority, and compliance with all regulatory and legal requirements and directions/guidelines from any competent authority, in respect of use of the phone connections.
ii. The Customer undertakes responsibility in respect of compliance with all ‘know-your-customer’ requirements from time to time, including compliance with all regulatory and legal requirements and directions/guidelines from any competent authority, in this regard.
iii. The Customer shall at all times ensure that the database of its users made available to the ConnectPlex.ai is updated in all respects in accordance with the National Do Not Call Register. The Customer acknowledges that making unsolicited commercial communications whether directly or indirectly to any subscriber whose telephone number appears on the National Do Not Call Register is not permitted, unless the Customer has obtained irrevocable consent from the subscriber for such communication.
iv. The Customer shall ensure that the content / information will not contain any material which is improper, immoral, unlawful, obscene, offensive or defamatory or enrages the public sentiment, or constitutes an Unfair Trade Practice or violates any other legislation or policy for the time being in force, or is made to give negative publicity of ConnectPlex.ai or any of its product.
v. The Customer shall at all times extend co-operation to the third-party service provider(s) in respect of any enquiry or investigation in relation to use or users of the phone connection. The Customer shall email a soft copy of all information available as soon as requested by ConnectPlex.ai (no more than 24 hours) and provide hard copy thereof within 48 hours from such request.
vi. The Customer agrees that it shall furnish information and all documents, from time to time, including any undertaking or declaration as may be required by third-party service provider(s) for the benefit of such service provider(s) in respect of services availed.
vii. The Customer undertakes to indemnify and hold harmless the third-party service provider(s), ConnectPlex.ai and their respective affiliates, directors, officers, employees, and agents from and against any third-party claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs), fine, penalty, regulatory assessment or liability that may arise in relation to any breach of this sub clause (e) by the Customer.
5. Third Party Software Business Accounts
In addition to agreeing to these Terms, the following provisions apply to your use of third-party business accounts integrated with ConnectPlex. This includes business applications like MS Teams, Slack, Chat, CRM tools such as Salesforce and HubSpot, payment gateways, HRMS systems like BambooHR and SuccessFactors, and social media platforms like WhatsApp, Facebook, and others. Your use of these integrations is governed by the respective Business Terms of Service of each individual software provider.
6. Links to Third-Party Sites
This Website may contain links to websites owned and operated by third parties. These links are provided for informational or advertising purposes only. The linked sites are not under the control of ConnectPlex.ai, and ConnectPlex.ai is not responsible for the contents of any linked sites. The inclusion of any link does not imply ConnectPlex.ai’s endorsement of such site or its contents.
If any third-party services are part of the Services, such services shall be provided without modification on an “as is” and “as available” basis and subject to approval of such third party. You agree to adhere to any relevant terms and conditions issued by such third party, which may be subject to change anytime at the discretion of such third party.
Advertisement platform bots, MS Teams bots, WhatsApp bots, Gen AI Services, and other third-party services incorporated into or provided as part of the Services are governed by third-party policies, such as applicable policies of Microsoft, Google, Meta, etc. These policies may be subject to change anytime at the discretion of such third parties. Customer agree to always adhere to these third-party policies. ConnectPlex.ai may terminate any applicable Order Form immediately if any third-party service provider terminates, suspends, or refuses to provide any third-party services required for the Services, or if Customer fails to comply with any applicable third-party policies.
7. Changes to Terms and Service
ConnectPlex.ai may modify these Terms of Service in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice, as applicable.
8. Changes to the Service
ConnectPlex.ai may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service. The Terms of Service will apply to any changed version of the Service. We also may suspend or stop the Service altogether. In addition, we may impose or alter fees for new or existing aspects of the Service.
9. Eligibility
To use the Service, you must have reached the age of majority in the jurisdiction where you live (in most U.S. states, that’s 18 years old). If you are under this age, you shouldn’t use the Service or provide Submitted Data (defined below) to us.
10. Your Account
You will need to set up an account in order to access most aspects of the Service, including in most cases to submit data (“Submitted Data”) or to receive data (“Output Data”). You should read the important information about the rules governing the Submitted Data and Output Data, in the sections below. Important rules also govern your account itself. First, you must only provide account information (such as your name and email address) that is your own, and that is accurate. You should keep your contact information accurate as well, so that we can contact you if we need to, such as to deliver any important notices. We also strongly recommend changing your password periodically, and that you not share your password or account credentials with anyone else. You are solely responsible for maintaining the confidentiality of your account information, such as your username and password, and for restricting access to your computer and other devices; you agree and understand that you will be liable for any activity occurring through your account.
11. Account Registration and Responsibilities
To use certain parts of the Service, you must register an account and provide accurate, current, and complete information. You are solely responsible for maintaining the security of your account credentials. Notify support@connectplex.ai immediately if you suspect unauthorized access or use of your account.
12. Your License to the Service
You may be and hereby are granted a license to use the Service and Output Data for (and solely for) your personal and/or your internal business purposes only, subject to the prohibitions and restrictions herein, and a license to store, print or make a copy of Output Data we provide to you solely for your personal or internal business purposes. You may not resell, distribute, or create derivative works from the Service or the Output Data. You may not develop any service, product, toolset, dataset or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
13. Data Sharing and Rights: Our Free Services
When you provide Submitted Data through the Service, you understand and agree to the following, except where we and you have put in place a Premium Services Agreement (or other agreement) that expressly supersedes the below terms:
a. The Licenses You Grant To Us. When you provide us with or make available to us any Submitted Data, such as names, addresses, business titles or phone numbers of contacts or other persons, you are granting us several licenses to use that data (and you are representing to us that you have the right to make this grant):
You grant us a perpetual and irrevocable license to access and use the Submitted Data in aggregated form, to provide, develop and improve the Service and our data assets, so long as we do not (i) in any public way refer to you or the company you work for in relation to the Submitted Data (for instance, we will never sell a list titled “List of Brand X’s Clients), or (ii) use the Submitted Data in a way that violates any contract we have entered into, or any law.
You also provide us the perpetual and irrevocable right to sublicense, make available, copy, display, publish or distribute the Submitted Data to any third party, including our customers, business partners, and service providers.
You provide us the right to create derivative works, data models, or modeled data sets with the Submitted Data. You agree that we will own those derivative works (but not the actual Submitted Data that is distinct from those works). Examples of derivative works (without limitation) would be, for instance, if we create aggregated or modeled data sets that combine data from numerous providers in order to form a new or new type of data set. Another example would be if we used multiple sets of Submitted Data (from multiple providers) in order to derive data analytics about certain industries, buyers, or industry prospects.
You also agree that we have the perpetual and irrevocable right to use, share, sublicense, display, copy, publish and distribute the Submitted Data in aggregated, de-identified form for any purpose, in any medium.
The foregoing license grants to ConnectPlex shall be non-exclusive, perpetual and royalty-free. ConnectPlex shall have the right to sublicense, assign, or transfer such licenses in its discretion.
b. The Representations You Make To Us. It is important to us that you have the right to grant us the licenses we’ve described above. If you don’t, please do not provide any Submitted Data to us. If you’re not sure whether you do, please take the time to confirm whether that is the case. We will still be here when you’re ready.
You therefore warrant and represent that you have all necessary rights, permissions, and authority to provide the Submitted Data to us (in whole and in part), and that doing so will not put you in violation of any contracts you have signed or any laws. We provide certain examples of laws that theoretically could apply, so please continue to read.
You likewise warrant and represent that the Submitted Data does not contain any information about individuals under the age of 18.
You warrant and represent that providing the Submitted Data to us does not violate the U.S. HIPAA law: for instance, it is not a list of hospital or doctor’s patients, or a similar dataset consisting of patients or clients of an entity covered by HIPAA (this might include, for instance, a doctor, dentist, chiropractor, acupuncturist, pharmacist or other health professional). Similarly, you agree not to provide us with Submitted Data consisting of a list of clients of an entity covered by the GLBA, which applies to many types of financial institutions including banks, hedge funds, investment advisers and insurance companies.
You warrant and represent that you will only provide Submitted Data to us that is true and accurate, and of living persons.
c. Nature of Exchange. Our Service contains certain “co-operative” elements. This means that in exchange for providing the Submitted Data to us, and potentially for the use of other customers (at our sole discretion), you will receive access to Output Data consisting of information that we hope is equally valuable to you. While we strive to make this a fair and optimal exchange, you understand and agree that we may change these terms or the nature of the Service at any time, or alter the amount of Output Data or other access we provide – and you agree that it is in our sole discretion to do so. We likewise may terminate your account or access to the Service at any time, for any reason, including (without limitation) any violation of these Terms of Service by you or through your account. Additional rules or policies may be displayed or put in place through the Service, including any portal through which you submit or receive data; those rules or policies are incorporated by reference into these Terms of Service and you agree to adhere to them.
14. Subscription, Fees, and Payment Terms
Some parts of the Service may require payment. By subscribing, you agree to the following terms:
For billing inquiries, contact support@connectplex.ai.
15. Use of Service and Restrictions
You are granted a limited, non-exclusive license to access and use the Service for personal or internal business purposes. You agree not to:
Intellectual Property Rights
All intellectual property rights related to the Service are owned by ConnectPlex.ai.
Unauthorized use of our trademarks, logos, or proprietary information is prohibited.
16. Restriction on Use of Email Services
The following practices are not permitted from our service and would be considered a violation of our policy. Please find below some examples. They are subject to change. (i) send from a group distribution email such as hello@ or marketing@ etc; (ii) not include opt out messages to any commercial emails or failing to comply with applicable laws ; (iii) use a fictional identity or a pseudonym or an alias to send emails; (iv) send emails that generate an unacceptable level of bounces; (v) send emails that generate an unacceptable level of spam or complaints; (vi) transmit material that contains or links to virus, trojan horse, worms or any malicious or harmful software program; (vii) use ConnectPlex’s service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, or phone calls If you know or suspect anyone violating these policies, please notify us at support@connectplex.ai. ConnectPlex will determine compliance of this policy at its sole discretion.
17. Additional Restrictions on Use of the Service and Your Account
You also agree to certain restrictions on your use of the Service. You may not: (i) allow any other person to use your account, use any other person’s account, or share your password or account credentials with any other person; (ii) transmit information to or through the Service that is fake or fictitious; (iii) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) access the Service in a way that exceeds your authority, such as by logging in to a server, account, or email network when you are not authorized to do so; (v) access the Service in an automated manner; (vi) extract data from the Service in a way that exceeds our authorization or violates these terms or other policies or restrictions we have implemented (whether such implementation is verbal or mechanical in nature); for instance you may not or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents made available through the Service; (viii) reverse engineer, decompile or disassemble the Service (in whole or in part).
18. Data Sharing and Data Protection
Submitted Data
By providing Submitted Data, you grant ConnectPlex.ai the right to aggregate and use this data in a de-identified format for analytics and service improvements, provided it does not violate any applicable law or user agreement.
Compliance with Data Protection Laws
If you submit data subject to data protection laws (such as GDPR), you represent and warrant that you have obtained all required consents from data subjects. ConnectPlex.ai acts as a data processor, and users are responsible for compliance as data controllers.
19. Service Availability and Support
ConnectPlex.ai provides technical support to subscribers as outlined in our support policies. For assistance, reach out to support@connectplex.ai.
Service Modifications
We reserve the right to modify or discontinue any part of the Service without prior notice.
20. Termination and Suspension of Account
ConnectPlex.ai may terminate or suspend your account at its discretion for violations of these Terms or if required by law. Inactive accounts may be terminated after 90 days of inactivity, with prior notice.
If the Service is terminated, you are responsible for retrieving any User Content or data stored within the Service prior to termination.
21. Limitation of Liability
IN NO EVENT WILL EITHER PARTY OR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, OUTPUT DATA OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE (EXCLUSIVE OF PAYMENT OR INDEMNIFICATION OBLIGATIONS) EXCEED THE TOTAL OF THE AMOUNT PAID BY EITHER PARTY TO THE OTHER DURING THE PRIOR 12 MONTHS. ADDITIONAL DISCLAIMERS BY CONNECTPLEX MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the ConnectPlex Entities shall be limited to the fullest extent permitted by law.
22. Warranties and Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ALONG WITH THE OUTPUT DATA IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY CONNECTPLEX TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or don’t allow the disclaimer of implied warranties – in those states, these warranties will be disclaimed only to fullest extent permitted by law.
23. Indemnification
You agree to indemnify and hold harmless ConnectPlex, its directors, officers, employees, contractors and agents, and its suppliers, licensors, and service providers, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees and expenses (collectively, “Claims”), arising out of or in connection with: (1) Your use of the Website or Service; (2) Your breach of these Terms of Service; or (3) Your violation of any applicable law or the rights held by any third party. ConnectPlex will have the right, but not the obligation, to participate through counsel of its choice in any defense by You of any Claims as to which You are required to defend, indemnify, or hold harmless ConnectPlex. You may not settle any Claims in a manner that may impose any obligation upon ConnectPlex, without our prior written consent. The members of ConnectPlex’s corporate family, and the agents, partners, employees, contractors and advertisers of them and of ConnectPlex, are third-party beneficiaries of this paragraph. Other than them, there are no other third-party beneficiaries of the Terms of Service.
24. Account Security
We make no representations or promises regarding security. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior).
25. Governing Law, Arbitration and Jurisdiction
Governing Law and Jurisdiction
For Customer residing in:
USA and all other regions except as stated in (A)-(E) below: All matters relating to these Terms, your access to or use of this Website or the Services are governed by the laws of the Commonwealth of Delaware, USA, without regard to its conflict of law provisions.
If the application of the laws of the country in which a Customer is a resident results in a different interpretation of these Terms, the interpretation under the applicable laws of such country shall prevail.
Exceptions to Arbitration
This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
Class Action Waiver
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
Entire Agreement
Unless you and ConnectPlex.ai enter into a separate valid subscription agreement or similar service agreement, these Terms constitute the entire and exclusive agreement between you and ConnectPlex.ai and supersede and replace any other agreements, terms, and conditions. These Terms do not create third-party beneficiary rights.The terms and conditions of any purchase order (or of any unilateral document not agreed in writing by authorized representatives of both parties) will have no effect on the rights or obligations of the parties, regardless of any failure by the other party to object to such terms and conditions.
Publicity
Unless otherwise specified, ConnectPlex.ai reserves the right to use your name, logo, and marks (including marks on Customer properties) to identify you as a ConnectPlex.ai customer on this Website and other marketing materials.
Waiver
Failure to enforce any right or provision by ConnectPlex.ai in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms.
Severability
If a provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment
You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. ConnectPlex.ai reserves the right to assign or transfer its obligations under these Terms without restriction.
26. Proprietary Rights
All rights, title, and interest in the Service, including but not limited to intellectual property such as patents, copyrights, trademarks, trade secrets, and other proprietary information, are owned by ConnectPlex.ai. Any derivative works, data compilations, or data models created from the Submitted Data are the sole property of ConnectPlex.ai.
You may not use, copy, modify, or create derivative works from any intellectual property of ConnectPlex.ai without prior written consent.
27. We May Monitor the Service
We, or service providers working with us, may monitor the Service for any legitimate business purpose, including to monitor compliance with these Terms or evaluate how the Service is being accessed and used. We will be the sole and final arbiter as to whether the Service is being misused or these Terms are being violated. If we believe you have violated these Terms (or any law) we may terminate your account and access to the Service and any Output Data immediately and without notice. In such a situation we also may seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Terms of Service and the law.
28. Restrictions on Use of Output Data
You may only use the data provided through the Service (“Output Data”) for your internal business purposes and may not distribute, resell, or develop derivative products from the Output Data. Any use of the Output Data must comply with applicable laws and not involve:
29. Email and Communication Policy
Email communications sent through the Service must comply with all relevant anti-spam laws, including CAN-SPAM and CASL. The following practices are prohibited:
Users are encouraged to report policy violations to support@connectplex.ai.
30. Data Protection for European Data Subjects
If you receive or use data regarding European Economic Area (EEA) residents, you agree to act as the data controller and obtain all necessary consents. ConnectPlex.ai will act as your data processor and process data as per the General Data Protection Regulation (GDPR) and other applicable data privacy laws. The terms of the ConnectPlex.ai Data Processing Agreement apply to any processing of data subject to GDPR requirements.
31. Security and Account Protection
Customer Responsibility
You are responsible for maintaining security on your end, including regular OS updates, use of anti-malware software, and ensuring access restrictions for terminated employees.
Security Incidents
Customers must notify ConnectPlex.ai within 72 hours of any security incidents that may impact ConnectPlex’s system or data.
Vulnerability Reporting
If you discover a vulnerability within ConnectPlex.ai’s services, report it immediately to support@connectplex.ai for investigation.
32. Linked Services and Third-Party Content
ConnectPlex.ai may provide links to third-party websites or embed content within the Service. These linked sites are not under ConnectPlex.ai’s control, and ConnectPlex.ai is not responsible for any content or services accessed through such links. Accessing third-party sites is at your own risk, and you should adhere to the terms set by those providers.
33. Confidentiality
Definition of Confidential Information
Confidential Information includes non-public business, technology, and other proprietary information disclosed by either party in connection with these Terms. This excludes information already publicly available or independently developed.
Confidentiality Obligations
You agree to protect ConnectPlex.ai's Confidential Information with at least the same level of care as your own confidential information, but no less than a commercially reasonable level. Disclosure is restricted to employees or agents who need access and are bound to confidentiality obligations.
If legally required to disclose Confidential Information, you must notify ConnectPlex.ai to allow for protective measures.
34. Termination and Survival of Obligations
In addition to any other remedies it may have, either party may terminate this Agreement effective immediately, if the other party materially breaches any of the terms or conditions of this Agreement and fails to cure such material breach within thirty (30) days of its receipt of a written notice identifying the breach in reasonable detail (or ten (10) days in the case of non-payment). In addition, (a) for paid subscriptions, we may terminate this Agreement for convenience by providing You at least thirty (30) days' prior written notice; and (b) for unpaid accounts only, either party may terminate this Agreement, effective immediately, by providing the other party written notice. For paid subscriptions, Customer will pay in full for the Service up to and including the last day on which the Service is provided. Legal notices (including but not limited to termination notices) must be sent to support@connectplex.ai or 505 Montgomery Street, San Francisco, CA 94111. We will send legal notices to You via a method of our choosing that is reasonably intended to provide such notice to You, including without limitation via the Service or to the email or other address You have provided to us. If this Agreement terminates, You will no longer be authorized to access the Website or Services. Sections 7-9, 10, 11, 15-19 and 22-23 of the Agreement will survive termination.
35. Force Majeure
Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond its control, such as where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
36. Subscription Term, Fees, and Fair Use Policy
Subscriptions are provided on an annual basis, with automatic renewal unless cancelled in advance. ConnectPlex.ai’s Fair Use Policy applies to Unlimited Plans, which are capped based on individual plan settings, unless otherwise specified in a separate agreement.
37. Professional and Technical Support Services
ConnectPlex.ai provides professional services and customer support as outlined in the Service Level Agreement (SLA) applicable to paid subscribers. These services include troubleshooting, implementation assistance, and response times defined within the SLA.
For further support inquiries, email support@connectplex.ai.
38. Communications and Notifications
Legal and contractual communications, including service updates and notices, will be sent to you through methods reasonably intended to reach you, including email or in-app notifications. You agree to keep your contact information current and accessible for receiving such notifications.
39. Miscellaneous Provisions
Assignment
You may not assign your rights or obligations under these Terms without our written consent.
Severability
If any provision of these Terms is found invalid, the remaining provisions will continue in effect.
Entire Agreement
These Terms represent the complete agreement between you and ConnectPlex.ai.
40. Violation of Terms of Service
We reserve the right to terminate your user account or otherwise suspend use of or access to the Services if you are found in violation of these Terms. Further, we reserve the right to pursue any and all legal and equitable remedies against you for such violations.
41. Contact Information
We welcome your comments and feedback regarding these Terms, please reach out to us at support@connectplex.ai.