Terms and Conditions

Last Updated: January 3, 2025

Before using our Service, please review these Terms and Conditions, Disclaimers, and Privacy Policy thoroughly.

Terms and Conditions

Effective Date

These Terms and Conditions ("Terms") are effective as of January 3, 2025. By purchasing, accessing, or using the AceCall.ai software ("Software"), you ("Client" or "Golf Club") agree to be bound by these Terms. If you do not agree, you must not use the Software.

Definitions

-- Company: Refers to AceCall.ai, including its affiliates, officers, and employees.

-- Client: Refers to the golf club, its representatives, or authorized personnel purchasing and using the Software.

-- Software: The AceCall.ai software and associated services provided by the Company.

-- Service: The provision of the Software, support, and related offerings.

-- Implementation: The process of setting up and integrating the Software into the Client’s operations.

-- Customization: Ongoing adjustments and configurations made by AceCall.ai to tailor the Software to the Client’s agreed-upon goals and objectives.

Grant of License

AceCall.ai grants the Client a non-exclusive, non-transferable, and revocable license to use the Software for the duration of the agreement, subject to these Terms. This license is limited to the internal operations of the Client and cannot be sublicensed, shared, or resold without prior written consent.

Scope of Service

1. Software Functionality: The Software is provided "as is" and includes features designed to enhance customer engagement, automate communications, and support operational efficiency for golf clubs.

2. Support Services: The Company will provide support for troubleshooting and resolving technical issues during business hours, as defined in the Service Level Agreement (SLA).

3. Customization:

-- AceCall.ai will be responsible for configuring and customizing the Software to meet the agreed-upon goals and objectives of the Client.

-- After customization has been successfully achieved and confirmed by the Client, further requests for customization will not be entertained unless tied to performance issues where the Software is not fulfilling its stated objectives.

-- The Company reserves the right to evaluate and determine the legitimacy of additional customization requests based on the agreed scope of work and performance metrics.

Client Responsibilities

The Client acknowledges and agrees to:

1. Implementation: Assume full responsibility for the correct implementation of the Software into their operations, following the guidance, training, and resources provided by the Company.

2. Ongoing Usage: Use the Software as intended and ensure that their team is adequately trained in its operation and features.

3. Compliance: Ensure that all use of the Software complies with applicable laws, regulations, and industry standards, including but not limited to data privacy laws and communication standards.

4. Access and Permissions: Provide the Company with necessary access and permissions to ensure effective customization and integration of the Software.

Fees and Payment

1. Subscription Fees: The Client agrees to pay recurring subscription fees for the Software as outlined in their agreement.

2. Customization Fees: Any agreed-upon initial customization fees are included unless otherwise specified in the agreement.

3. Payment Terms: Payments must be made in full and on time as per the invoice or subscription schedule. Late payments may result in suspension or termination of access to the Software.

4. Refunds: All fees are non-refundable unless explicitly stated in a satisfaction guarantee or promotional agreement.

Intellectual Property

1. Ownership: AceCall.ai retains all rights, title, and interest in the Software, including but not limited to any enhancements, updates, or customizations developed during the agreement.

2. Restrictions: The Client may not reverse engineer, modify, decompile, or attempt to access the source code of the Software.

Data and Privacy

1. Data Ownership: The Client retains ownership of all customer and operational data entered into the Software.

2. Data Use: The Company may process and use aggregated and anonymized data for analytics and improvement purposes, provided such use does not identify the Client or its customers.

3. Security: The Company will implement commercially reasonable measures to protect Client data but is not liable for breaches caused by third-party systems or client-side mismanagement.

Warranties and Disclaimers

1. Performance Warranty: AceCall.ai warrants that the Software will meet the agreed-upon objectives and goals as specified in the customization agreement. If the Software fails to meet these objectives, the Company will make reasonable efforts to resolve the issue through additional customization or support.

2. No Warranty Beyond Customization: Once the customization has been completed and confirmed by the Client, AceCall.ai is not obligated to make further changes unless tied to performance issues or malfunctions.

3. No Additional Warranties: Except as explicitly stated, the Software is provided "as is," without any other express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

1. Indirect Damages: The Company is not liable for any indirect, incidental, special, or consequential damages, including lost profits, business interruptions, or data loss.

2. Maximum Liability: The total liability of AceCall.ai is limited to the fees paid by the Client in the 12 months preceding the claim.

Term and Termination

1. Term: These Terms remain in effect for the duration of the subscription or until terminated by either party.

2. Termination by Client: The Client may terminate the agreement by providing 30 days’ written notice.

3. Termination by Company: The Company may terminate the agreement for non-payment, breach of terms, or misuse of the Software.

4. Effect of Termination: Upon termination, the Client’s access to the Software will cease, and any outstanding fees will become immediately due.

Force Majeure

The Company is not liable for delays or failures caused by events beyond its reasonable control, including but not limited to acts of God, government actions, natural disasters, or cyberattacks.

Governing Law

These Terms are governed by the laws of [Insert Jurisdiction], without regard to conflict of laws principles.

Entire Agreement

These Terms, along with any accompanying agreements or policies, constitute the entire agreement between the Company and the Client. Any amendments must be made in writing and signed by both parties.

Contact Us

For questions about these Terms and Conditions, contact us:

-- Email: support (at) acecall (dot) ai

-- Phone: +1 866-838-8581

-- Website: https://acecall.ai