Last update: 11-12-2023
Terms of service
These terms govern the use of Pollie’s conversational AI services, designed for business and personal communication. The Services include AI-driven interactions, message handling, and, if applicable, SMS services.
1. Your Acceptance
This Agreement between Pollie Services B.V. (“Company”) and the user (“Customer”) governs the use of the Services. Acceptance of these terms binds the individual or entity represented to this Agreement, herein referred to as “Customer”.
You affirm that you are of legal age and possess the authority to enter into this Agreement.
The Company may alter the Services (included, but not limited to; subscription, pricing, functionality, features, performance, user interface and usability) and update this Agreement as needed. Changes will be posted online and are effective immediately. Terms of service will always include a last updated date.
By accessing or using Services constitutes acceptance of the current terms.
2. Restrictions & Responsibilities
The Customer agrees to use the Services in compliance with this Agreement, Company policies, and applicable laws. Prohibited actions include reverse engineering, unauthorized access, or resale. Customers are responsible for maintaining necessary access to the Services.
The customer is responsible for acquiring and maintaining any necessary equipment and supplementary services required to connect to, access, or use the Services.
The Services provided comply with all relevant laws and regulations.
3. Confidentiality & privacy
Both parties (the “Receiving Party” and the “Disclosing Party”) agree to share important business, technical, and/or financial information. This includes information about the Disclosing Party’s business or their clients, which is confidential (“Proprietary Information”). For the Company, this includes secret details about the services and any software they use. For the Customer, it includes private data they give to the Company to help provide the services (“Customer Data”).
The Receiving Party must:
- Protect this Proprietary Information carefully.
- Not use or tell anyone else about this information, except when needed to provide the services or as allowed in this agreement.
The Customer owns all the rights to their Customer Data.
Despite any other rules, the Company can collect and study data related to how the services and related technology are used (this includes Customer Data and information derived from it). The Company can use this data to improve its services and for other business purposes. They can share this data, but only in a way that doesn’t identify specific customers or their data.
The Company can use anonymized and combined data from the Customer’s use of the services or software for marketing, research, and other legal purposes. This data won’t include any personal information about the Customer or their clients. No other rights to the data are given except what’s clearly stated here.
Both Company and Customer agree to follow all relevant laws and regulations, especially those about privacy and data protection, in how they collect, store, use, or share personal information.
The Customer also agrees that the Company’s use and handling of personal information as planned in this agreement won’t break any laws or regulations related to privacy or data protection.
4. GDPR – processor agreement
Data processing purpose and scope: In providing the Services, the Company acts as a data processor, processing personal data on behalf of the Customer, who is the data controller. The nature, purpose, and duration of processing, the types of personal data, and categories of data subjects are defined by the scope of the Customer’s instructions as documented in this Agreement and any associated service provisions.
Compliance with GDPR: The Company shall process personal data in accordance with the General Data Protection Regulation (GDPR) requirements and the Customer’s instructions. The processing will be conducted for the duration of the Agreement, to the extent necessary to provide the Services under this Agreement.
Customer Instructions: The Company will process personal data following the Customer’s approval by accepting the terms of service, unless required by EU or member state law to act without such instructions. In such a case, the Company shall inform the Customer of that legal requirement before processing, unless the law prohibits such information on important grounds of public interest.
Confidentiality: The Company ensures that all persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Security Measures: The Company will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including as appropriate, the pseudonymization and encryption of personal data, ensuring the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
Sub-Processing: The Customer provides general authorization for the Company to engage third-party sub-processors. The Company will inform the Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving the Customer the opportunity to object to such changes.
Data Subject Rights: The Company will assist the Customer by appropriate technical and organizational measures, insofar as possible, in fulfilling the Customer’s obligation to respond to requests for exercising data subject rights under the GDPR.
Data Breaches: The Company will notify the Customer without undue delay after becoming aware of a personal data breach and will cooperate with the Customer to investigate and resolve the breach in compliance with GDPR requirements.
Termination of Contract: Upon termination of this Agreement, the Company will, at the choice of the Customer, delete or return all personal data to the Customer and delete existing copies unless EU or member state law requires storage of the personal data.
Customer responsibilities for transparant communication: Customers must transparently notify their clients of the use of Pollie’s virtual assistant services in their business operations, ensuring end-users are aware of AI interactions.
Additionally, in accordance with GDPR requirements, users interacting with Pollie’s conversational AI have the option to request speaking with a real human. Upon such a request, Pollie will notify the business owner for a callback.
By using the Company’s Services, the Customer acknowledges and agrees to these Processor Agreement terms.
5. Billing & Payments
The Customer agrees to pay all applicable fees related to their account (“Fees”) as per the pricing terms stated on the relevant pricing page or as mutually agreed in writing. Except as explicitly stated in this Agreement, all Fees are final and cannot be refunded, cancelled, or credited.
The Company will invoice the Customer in advance for recurring Fees at the beginning of each billing cycle.
The Customer must provide accurate and complete billing details, including an authorized and valid payment method. The Customer gives the Company permission to charge the Fees using the provided payment method.
In case of a payment failure, the Customer will receive a written notification, and access to the Services may be suspended until the payment is successfully processed.
The Company has the authority to modify the Fees or related charges, or introduce new charges and Fees, at the conclusion of the Initial Service Term or any current renewal term, with a 30-day advance notice to the Customer, which may be communicated via email.
Your Pollie service subscription will automatically renew for the same duration as the initial Subscription Term, using the current rates at the time of renewal.
6. Subscription term & renewal
Your Pollie subscription will automatically renew for the same duration as the initial Subscription Term, using the current rates at the time of renewal.
As a Customer, you have the option to cancel your Services at any point by either sending a written notice or using the cancellation feature available within the Services. If you or Pollie decide against renewing the Subscription Term, a notice must be given to the other party before the current Subscription Term ends. Following this notice, your subscription will conclude at the end of the ongoing Subscription Term.
This contract begins when you first start using the Services and will remain in effect until it is ended following its stipulations.
Both parties have the right to end this contract at any time without facing any penalties, provided they give a 30-day written notice beforehand.
Additionally, either party can terminate this contract immediately in the event of a significant violation of any terms or conditions by the other party that cannot be corrected, or if such a breach isn’t rectified within 30 days after receiving a written notification about the breach.
The Customer is obligated to pay for the Services in full, up until the final day the Services are made available.
8. Reselling partners
Reseller relationship: The Company may utilise authorised reselling partners for the distribution of its services. Resellers act independently and are not agents or representatives of the Company. The Terms of Service between the Company and the end-user remain unaffected by any separate agreements with resellers.
Responsibilities and Limitations of Resellers: Resellers are responsible for their conduct and business practices. They are not authorised to alter the Terms of Service, make binding commitments on behalf of The Company, or offer any warranties beyond what is provided by the Company.
End-User Acknowledgement: End-users acknowledge that any dealings with resellers are separate from their relationship with the Company. The Company is not liable for any commitments or representations made by resellers that are not explicitly stated in the Company Terms of Service.
Service Support and Liability: Support for the Company services is provided directly by the Company. The Company is not liable for any failures, misrepresentations, or omissions on the part of its resellers.
Pricing and Payments via Resellers: If a reseller processes payments for the Company services, the end-user recognises that financial transactions are between them and the reseller. The Company is not responsible for these transactions.
Data Protection Compliance by Resellers: Resellers are required to adhere to GDPR and other applicable data protection laws, ensuring the privacy and security of end-user data.
Compliance with Laws and the Company Policies: Resellers must comply with all relevant laws and regulations and adhere to the Company policies and standards in their operations and representations of the Company services.
9. Indemnity, Warranty Disclaimer, and Liability Limitation for Company Services
Service Warranties: The Company pledges to employ reasonable efforts, in line with current industry best practices, to ensure the Services operate with minimal disruptions and errors. Services will be rendered professionally and competently. Occasionally, the Services may be unavailable due to necessary maintenance, either by the Company or by external providers, or because of events outside the Company’s control. In such instances, the Company aims to notify customers in advance through written, email or in-platform communication.
Nonetheless, the Company does not assure uninterrupted, timely, error-free, or bug-free availability of the Services or Software; nor does it guarantee specific outcomes from their usage. Beyond what is explicitly outlined in this section, the Services and Software are offered “as is,” and the Company disclaims all implied or explicit warranties and terms to the extent legally permissible. The Customer bears full responsibility for evaluating the accuracy and adequacy of the Services, Software, and resultant information for their needs.
Customer Indemnification Obligations: The Customer commits to defend and protect the Company against any losses, damages, liabilities, settlements, and expenses (inclusive of legal fees and costs) arising from claims or actions stemming from an alleged breach of this agreement or from the Customer’s unauthorized or improper use of the Services.
Liability Limitations: Irrespective of other agreement terms, excluding instances of personal injury, the Company, along with its suppliers, officers, affiliates, representatives, contractors, and employees, shall not be liable under any theory (including contract, negligence, or strict liability) for:
- Use interruptions, errors, data loss or corruption, additional costs for substitute goods or services, or business losses;
- Indirect, special, incidental, exemplary, or consequential damages;
- Circumstances beyond the Company’s reasonable control;
- Total liability exceeding the payments made by the Customer to the Company for the Services during the twelve months preceding the incident causing liability, even if the Company was previously advised of such damage possibilities.
10. Intellectual property
The Company will retain exclusive ownership of all rights, titles, and interests in (a) the Services and Software, including any updates, enhancements, or modifications, (b) any software, applications, inventions, or other technologies developed through implementation services or support, and (c) all intellectual property rights related to the aforementioned items.
The Customer grants the Company a non-exclusive, transferable, sub licensable, royalty-free license to use any proprietary information provided by the Customer (including Customer Data) exclusively for delivering the Software and Services under this Agreement. Apart from what is explicitly mentioned in this clause, the Company does not grant the Customer any additional rights or licenses, and all implied rights and licenses are expressly excluded.
Should you, as the Customer, decide to provide feedback to the Company, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, modify, publish, process, copy, distribute, export, display such feedback, and to integrate it into the Services. This includes any suggestions, enhancement requests, recommendations, corrections, or other forms of feedback. You also waive any moral rights you might hold in this feedback.
Should any part of this Agreement be deemed invalid or unenforceable, that section shall be reduced to the minimum extent required, ensuring the remainder of the Agreement continues to be valid and enforceable. This Agreement can be executed in separate parts, which collectively will be considered as a single document. The Customer is not permitted to assign, transfer, or sublicense this Agreement without the Company’s prior written approval. Conversely, the Company reserves the right to assign or transfer its rights and obligations under this Agreement without requiring consent.
12. Governing law and Jurisdiction
This Agreement is governed by the laws of the Netherlands. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in the Netherlands.
For questions or concerns, please contact email@example.com