Terms of service — Unique AI

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• Governing law Report an error

  “this Agreement shall be governed exclusively by Swiss substantive law, without regard to its choice of law or conflicts of law principles. You and Unique consent to the exclusive jurisdiction and venue in the courts in Zurich 1, Switzerland.”

• Entity Report an error

  “the "Service") of Unique AG and its affiliates ("Unique")”

• Last updated Report an error

  “Last updated: October 18, 2023.”

• Description Report an error

  “The Service is a cloud-based sales conversation intelligence platform. It is designed to enable you to record, transcribe, analyze and share your sales team’s audio and video calls, online demos and email conversations”

• DPA scc Report an error

  “the Unique Data Processing Addendum ("DPA") and Standard Contractual Clauses ("SCC") (accessible via https://www.unique.ai/data-processing-addendum)”

• Privacy policy Report an error

  “the Privacy Policy (accessible via https://www.unique.ai/privacy “Privacy Policy")”

• Non refundable Report an error

  “all obligations to pay Subscription Fees are non-cancelable, all payments are non-refundable and the quantities purchased cannot be decreased during the relevant Subscription Term”

• Taxes Report an error

  “Your Subscription Fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind. You will be responsible for paying any and all such taxes.”

• Invoice terms Report an error

  “Unless otherwise stated in the Order Form, invoiced fees are due 30 days from the invoice date.”

• Payment methods Report an error

  “Unless the Order Form specifies that payment will be by a method other than a credit card, you will provide Unique with valid and updated credit card information”

• Price change notice Report an error

  “Unique reserves the right to modify the Subscription Fees for the Service under one or more Order Forms, effective upon commencement of the next renewal Subscription Term of the relevant Order Form(s), by notifying you of such change in writing at least 30 days before the end of the then-current Subscription Term.”

• Liability cap Report an error

  “either party's aggregate liability to the other party arising out of or related to this Agreement or the Service will not exceed the fees actually received by Unique from you under this agreement during the 12 months preceding the applicable claim”

• Trial available Report an error

  “Unique may make the Service or any part of it available to you on an evaluation basis”

• Trial data loss Report an error

  “Any data you enter into the Services, and any customizations made to the Services by you or for you, during your evaluation period will be permanently lost unless you purchase a subscription to the same Services as those covered in the evaluation period”

• Export on termination Report an error

  “upon written request, Unique will make your recorded calls available for you to download, or export within 30 days following such termination”

• Deletion after termination Report an error

  “Thereafter, Unique will be under no obligation to maintain your recorded calls, or make them available to you and Unique may delete any of your Content.”

• Availability SLA Report an error

  “Unique uses commercially reasonable efforts to maintain the highest Service availability. However, Unique cannot guarantee that the Service will operate in an uninterrupted or error-free manner.”

• Subscription required Report an error

  “Unique provides you a right and permission to use the Service subject to a valid subscription, pursuant to the terms of the Order Form, or subject to free evaluation terms”

• User accounts Report an error

  “Permitted Users’ access to the Service is limited and personal. You are responsible for actions taken by Permitted Users”

• Data aggregation Report an error

  “Unique aggregates and anonymizes metadata and other data generated during Service delivery for you.”

• Ip rights Report an error

  “Except for your Content, all rights to the Service and derivatives thereof are retained by Unique. In addition, Unique retains all rights to aggregated and anonymous data derived from your use of the Service.”

• Feedback assignment Report an error

  “You hereby assign to Unique ownership in all such feedback and suggestions and all rights therein, without any royalty or accounting obligations to you.”

• Auto renewal Report an error

  “all your subscriptions (including any additional subscriptions added to your account) will renew automatically for terms equal in length to the preceding subscription term unless you or Unique notifies the other in writing, at least 30 days prior to the end of the then-current subscription term, that it chooses not to renew”

• Termination cure period Report an error

  “Either of you and Unique may terminate this Agreement if the other party (i) materially breached this Agreement and has not cured such breach within 30 days after receiving notice (if curable)”

• Claims period Report an error

  “Any claim or cause of action arising out of or related to the use of the Service or to the Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.”

• Dmca agent Report an error

  “Unique’s Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows: privacy@unique.ch.”

• Document precedence Report an error

  “the order of precedence shall be: (1) the applicable Order Form, (2) these Terms of Service, (3) the SCC and (4) the DPA.”

• Data security Report an error

  “Unique will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Unique will notify you if it becomes aware of unauthorized access to Content.”

• Export restrictions Report an error

  “You will not permit any user to access or use any Service or Content in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation.”

• Electronic signatures Report an error

  “All notices and other communications made or to be made under this Agreement shall be given in writing and dispatched to the other party by e-mail. Electronic signatures such as DocuSign are deemed to be valid signatures”

• Docusign valid Report an error

  “Electronic signatures such as DocuSign are deemed to be valid signatures for the purposes of notices to be made under this Agreement.”

• Confidentiality Report an error

  “Each party will hold the other party’s Confidential Information in strict confidence, use it only subject to the terms of this Agreement”

• Competitor ban Report an error

  “You may not access or use the Service if you are a competitor of Unique, or for monitoring the Service’s availability, performance or functionality, or for any other benchmarking or competitive purposes.”

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