Terms of Service

1. Introduction And Accepting The Terms

Please read these Terms of Service (“Terms”) carefully. These Terms, which include and hereby incorporate the Privacy Policy at Privacy(“Privacy Policy”), are a legal agreement between Cortenix LLC and its related companies (“Cortenix“, “Company”,“us”, “our”, or “we“) and you (“you“ or “your”).

“You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent.

By using or accessing the BotGenuity cloud-based application (“App“) or the website located at www.botgenuity.com (the “Site“), and any updates, upgrades, modified versions, extensions, improvements and derivative works of the foregoing, which are collectively referred to as (the “Service”), you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

2. Modifications to Terms of Service

The Company expressly reserves the right to modify the Terms at any time in its sole discretion by including such alteration and/or modification in these Terms, along with a notice of the effective date of such modified Terms. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, through your User Account or in the Service itself). To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon the earlier of (i) your next subscription renewal, or (ii) your acceptance of the modified Terms by clicking “Accept” (or similar button or checkbox) at the time you are presented with the modified Terms. If you object to the updated Terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Service after the posting of such modified Terms shall be deemed to indicate your irrevocable agreement to such modified Terms.

3. User Account

By creating an account on the Service, accessing and/or using the Service, you irrevocably agree to these Terms. These Terms govern your use of and Cortenix’s provision of the Service. If you do not agree to these Terms, you may not create an account on, access or use, the Service.

(a) Account Registration and Use License

In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with the Service. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms, Cortenix hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or Cortenix elect to terminate such right in accordance with these Terms.

(b) Eligibility

As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

(c) Credentials

Upon registration for a User Account, you will provide the Service with a user ID and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify Cortenix of any suspected or actual unauthorized use of your User Account. You agree that Cortenix will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

4. Communications

You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Cortenix provides to you electronically satisfy any legal requirements that such communications be in writing.

5. Fees and Subscriptions

The Service operates as "Software as a Service" model ("SaaS") in which software is licensed on a subscription basis and is centrally hosted.

(a) Fees

Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy available in the Service or on the Site. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use a feature-limited free version of the Service (“Free Plan“). NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED AS FREE VERSION IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

(b) Recurring Billing

By purchasing a subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly) basis for the applicable App subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the App subscription service. Your payment to Cortenix will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period.

(c) Price Changes

Cortenix may change the price for subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use App after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from App prior to the price change going into effect.

(d) Cancellation

You may cancel your App subscription at any time, and you will continue to have access to App through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. To cancel, go to the "User Settings" screen on the Site and follow the instructions for cancellation.

(e) Refunds, Upgrading and Downgrading

Refunds are processed according to our fair refund policy. Any changes in your Service usage that result in any new, increase or decrease in Fees as specified in our current pricing policy available in the Service or on the Site, will be charged at the next billing cycle. Downgrading your Service may cause the loss of features or capacity of your User Account. Cortenix does not accept any liability for such loss.

When you upgrade your plan, the new subscription goes into effect immediately.

Note that we don't provide prorated refunds for downgrades or cancellations. When you downgrade or cancel, you will remain on your higher tier subscription through the end of your current term. You can see you current term's next renewal date in the Customer Portal of the Site. Once your next renewal date comes around, you will automatically be placed on your downgraded subscription.

6. Your Use of the Service and Restrictions

(a) Use of Service

As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:

• modify, alter, tamper with, repair or otherwise create derivative works of any of the Services;
• reverse engineer, disassemble or decompile the software used to provide or access the Services, or attempt to discover or recreate the source code used to provide or access the Services, except and only to the extent that the applicable law expressly permits doing so;
• use the Services, or provide access to the Services to any third party, for research or benchmarking or any related endeavor with the intent of creating a competing or similar product; including without limitation the creation of a training set by which you or a 3rd party you provide any data to may use to validate their results of any email parsing activity
• sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights or materials granted or provided to you with respect to the Services to any third party;
• remove, obscure or alter any proprietary rights notice pertaining to the Services;
• access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
• interfere with or disrupt servers or networks used by Company to provide the Services or used by other users to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any of the Services;
• access or attempt to access Company's other accounts, computer systems or networks not covered by this Terms, through password mining or any other means;
• cause, in Company's sole discretion, inordinate burden on the Services or Company's system resources or capacity;
• share passwords or other access information or devices or otherwise authorize any third party to access or use the Services;
• permit anyone to use any Services booked under your account;
• use the Services to steal or download data from an employer, client or customer which you are not entitled to or of which your employer, client, or customer is not aware;
• attempt to probe, scan, or test the vulnerability of any element of the Services or a related system, account, or network.

(b) Your Use of The Service to Send Communications

You acknowledge that (i) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service, and (ii) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Service comply with all applicable foreign and US federal or state laws and regulations, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Service.

(c) Your Responsibilities

You are responsible and liable for all uses of the Service under your User Account and associated User Account credentials, including without limitation, compliance with all applicable laws and regulations and third party terms.

(d) Export Controls

You hereby represent and warrant that (i) you understand and acknowledge that components of the Service may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Service in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

7. Proprietary Rights and Improving the Service

(a) Cortenix Service

The Service is made available on a limited access basis, and no ownership right is conveyed to you. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Service, including all modifications, updates, upgrades, extensions, components and all derivative works to the Service. All our rights not expressly granted under these Terms are hereby retained.

(b) Suggestions

From time to time at your sole discretion, you may choose to provide suggestions, enhancement requests, recommendations or other feedback related to the Service (“Suggestions”) to us. You hereby grant to Cortenix a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any Suggestions into the Service and/or other Cortenix products, services or offerings.

(c) Improving the Service

Notwithstanding anything to the contrary set forth herein or otherwise, Cortenix will have the right to collect and analyze data and other information relating to the provision, use or performance of the Service and related systems and technologies (including information concerning the use of User Account and data derived therefrom), and to aggregate and/or de-identify all such data and information. Cortenix will be free at any time to: (i) use such information and data to improve and enhance the Service; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.

(d) Submitting E-Mail Samples

The company is always looking to make our technology better. To that end, when you forward an email to Cortenix's support team, developers or other team members, in an effort to troubleshoot a bad parse, improve our service, improve the quality of our algorithms, or to help us troubleshoot any support case or issue you are having, you grant Cortenix a license to use that email; (i) as a training set to improve its email signature algorithm, (ii) as a training set to improve any other Cortenix algorithms currently offered and (iii) for any purpose that can enhance any part of the Services.

(e) Trademarks

CORTENIX, CORTENIX Logo and all Cortenix product names are trademarks and services marks of Cortenix (collectively "Cortenix Trademarks”) and third party logos and product names are trademarks and service marks of third parties (collectively “Third-Party Trademarks”) and nothing in these Terms shall be construed as granting any license or right to use the Cortenix Trademarks without Cortenix’s prior written consent or the Third-Party Trademarks. You hereby grant Cortenix the right to identify you as a customer of Cortenix and to use your logo and/or trademark for that purpose.

8. Indemnification

You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your ID and password.

9. Termination

(a) Cancellation and Termination by You

You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your User Account through the User Settings page in the application. The settings screen provides a simple no-questions-asked cancellation link. If you cancel your User Account before the end of your current paid up applicable subscription term, your cancellation will take effect immediately, and you will not be charged again. Please note that we do not provide refunds for unused time in the last billing cycle.

(b) Termination and Suspension by Cortenix

Cortenix may terminate your User Account and/or these Terms at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. If we terminate your User Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your User Account for cause, including (without limitation) for a violation of these Terms.

(c) Effect of Termination

Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

10. Third-Party Services

The Services may be integrated with third-party applications, websites, and services at your request (" Third-Party Services"). These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Services or for any transaction you may enter into with the provider of any such Third-Party Services.

11. Location of the Service and Your Use

Cortenix operates or controls the operation of the Service from a cloud service located in the United States. In addition, the Service and User Content may be accessed, mirrored and/or managed from various locations outside the United States. Zapier makes no representation or warranty that all of the features of the Service or User Content will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States.

12. Disclaimer of Warranty

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESSOF ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE ACCURACY OF THE RESULT DATA. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF ITS WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE . Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee. Any warranties made in this Agreement are for your benefit only.

13. Limitation of Liability

IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY'S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU DURING THE 12-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL BE ENFORCEABLE, EVEN IF SUCH ENFORCEMENT CAUSES THE FAILURE OF THE ESSENTIAL PURPOSES OF THE AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LIABILITIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.

14. Notices

Legal notices will be served, with respect to Corteni, on Cortenix's national registered agent, and, with respect to you, to the e-mail address you provide to Cortenix during the registration process. Notice will be deemed given 24 hours after the e-mail to you is sent.

15. Force Majeure

Company will not be liable for or be considered to be in breach of or default under this Terms on account of, any delay or failure to perform as required by this Terms as a result of any cause or condition beyond Company's reasonable control.

16. Contact

If you have any questions about these Terms, please contact support@cortenix.com.