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Terms Overview
These Terms of Service (“Terms”) constitute a binding legal agreement between Dov Automation, LLC (“Torus”) and the individual or entity accessing or using the Torus platform services (“Subscriber”). These Terms govern Subscriber’s use of Torus’ platform services, including all programs, features, account portals, and technical support (“Services”). By accessing or using the Services, whether on a paid or unpaid basis, Subscriber agrees to comply fully with these Terms.
Subscription
Torus grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and non-assignable right to access to the Torus platform site (“Site”) including software, features, account portals, technical support, and other related services designed for business purposes. The Services are made available to you solely for lawful purposes in accordance with these Terms.
This right is contingent upon Subscriber’s compliance with the content usage restrictions, preservation of copyright notices, and adherence to any accompanying terms, conditions, and notices (“Site Content”).
To access the Services, you must register for an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and restricting unauthorized access.
Software and Materials
The Site and its content are protected by copyright and other intellectual property laws. Subscriber agrees not to:
(a) copy, republish, transmit, or create derivative works, modifications, or adaptations of the Services;
(b) decompile, reverse engineer, or disassemble the Services;
(c) distribute or disclose the Services to third parties except as expressly permitted under these Terms;
(d) use automated tools, such as robots or spiders, or manual processes to monitor, copy, or reproduce the Services;
(e) rent, sublicense, transfer, or assign the Services to any third party;
(f) interfere with, burden, or disrupt the functionality of the Services; or
(g) use the Services for any purpose other than as expressly authorized by these Terms.
Changes to Services
Torus reserves the right to make improvements, modifications, or changes to the Services at any time without notice. If changes adversely affect Subscriber’s rights, Torus will provide prior notice when feasible.
Subscriber Representations and Warranties
Subscriber represents and warrants that:
• It is duly organized, validly existing, and in good standing under applicable laws.
• It has full authority to enter into and perform under these Terms.
• It will comply with all applicable laws and regulations in connection with its use of the Services.
• Its handling of Subscriber Data (as defined below) complies with applicable laws, including data protection and privacy regulations.
• Subscriber Data does not infringe on third-party intellectual property rights, contain offensive material, or introduce harmful components such as viruses or malware.
• It has the legal right to provide Subscriber Data for use in accordance with these Terms.
Disclaimers
Torus does not guarantee the accuracy, currency, or completeness of information on the Site. The Site may contain technical inaccuracies or errors, and Torus disclaims liability for decisions based on such information. Links to third-party services or references on the Site do not constitute endorsements, and Torus is not responsible for the quality, accuracy, or delivery of third-party products or services.
Ownership
Torus retains all rights, title, and interest in and to the Services, the Site’s content, and any related documentation (“Documentation”). These Terms grant Subscriber only a limited right to access and use the Services, not ownership. All intellectual property rights, including patents, trademarks, copyrights, and trade secrets, remain with Torus. Subscriber shall not remove or alter proprietary markings on the Services or Documentation.
Subscriber Data
1. Ownership: Subscriber retains all rights, title, and interest in data submitted or transmitted through the Services (“Subscriber Data”).
2. License: Subscriber grants Torus a non-exclusive, royalty-free license to use, copy, and process Subscriber Data solely to fulfill its obligations under these Terms. Torus agrees to use Subscriber Data in aggregate and anonymized form only and not for training third-party AI models.
3. Usage Data: Torus may collect and use aggregated and anonymized data derived from Subscriber’s use of the Services (“Usage Data”), excluding personally identifiable information. Torus retains ownership of such Usage Data.
Confidentiality
1. Definition: Confidential Information includes any proprietary information disclosed in connection with these Terms that a reasonable person would understand to be confidential.
2. Obligations: The receiving party must protect Confidential Information, disclose it only as necessary, and use it solely for fulfilling obligations under these Terms.
3. Remedies: Upon termination or request, the receiving party must return or destroy Confidential Information. Unauthorized disclosure may result in irreparable harm, allowing the disclosing party to seek injunctive relief.
Indemnification
Subscriber agrees to indemnify, defend, and hold harmless Torus, its affiliates, officers, employees, and contractors (the “Indemnified Parties”) from any claims, damages, liabilities, or expenses, including attorney’s fees, arising from:
(a) Subscriber’s breach of representations, warranties, or obligations under these Terms;
(b) infringement or misappropriation of intellectual property rights by Subscriber; or
(c) Subscriber’s negligence or misconduct.
These Terms constitute the entire agreement between the parties and supersede any prior agreements related to the Services.
Limited Liability
In no event shall Torus and Subscriber, its affiliates, officers, employees, agents, or representatives be liable to the subscriber for any incidental, indirect, consequential, special, exemplary, or punitive damages of any kind (including, but not limited to, lost revenues, profits, business opportunities, goodwill, or data), whether arising in contract, tort, strict liability, or otherwise, and whether foreseeable or unforeseeable, arising out of or in connection with these terms or the use or inability to use the services, regardless of whether Torus and Subscriber was advised of, had reason to know of, or actually knew of the possibility of such damages. This limitation shall apply even if any remedy set forth herein is found to have failed its essential purpose.
Torus and Subscribers’s aggregate liability to the subscriber for any and all claims arising under this agreement shall be strictly limited to the total amount actually paid by the subscriber to Torus during the ninety (90) days immediately preceding the date of the incident giving rise to such claim. The subscriber expressly agrees that no claim, suit, or action arising out of or related to these terms may be brought more than 90 days after the cause of action accrues.
The subscriber further acknowledges that these limitations of liability are a fundamental basis of the agreement and are integral to Torus’s willingness to provide the services under these terms.
No Warranty Disclaimer
Except for the limited warranty provided by Torus that the Services will not knowingly infringe on any third-party rights and are free from harmful code, Torus makes no representations or warranties of any kind, and the Subscriber expressly acknowledges that it has not relied on any representation or warranty, whether express or implied, regarding the Services or any associated output data. Without limiting the foregoing, the Subscriber understands and agrees that the Services are provided on an “as-is” and “as-available” basis, with all faults, defects, and errors, and without any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or those arising from custom, course of dealing, usage of trade, or statutory law. Torus expressly disclaims any obligation to correct errors, provide updates, or ensure uninterrupted operation of the Services. The Subscriber assumes all risks associated with the use of the Services and agrees that any reliance on the Services or output data is at the Subscriber’s sole and exclusive risk.
Compliance with Laws
The Subscriber agrees to use the Services in strict compliance with all applicable laws, regulations, and ordinances. This includes, but is not limited to, compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”), privacy laws, data protection laws, spam regulations, consumer protection statutes, unfair competition laws, false advertising laws, and any other applicable federal, state, or local regulations.
The Subscriber acknowledges that all calls made using the platform are recorded by default. However, Subscribers have the option to disable call recording if desired. The Subscriber agrees to comply with all state and federal call recording and wiretapping laws.
The Subscriber bears full responsibility for ensuring compliance with all applicable legal requirements, including but not limited to obtaining proper consent, maintaining compliance documentation, and adhering to all privacy and data security laws. Any liability arising from the Subscriber’s failure to comply with such laws rests solely with the Subscriber.
Subscriber’s Responsibility for Use of Voices
The Subscriber acknowledges and agrees that they are solely responsible for obtaining all necessary approvals and legal consent to use any voice, including but not limited to custom voices, celebrity voices, or synthetic voices, on the Torus platform. The Subscriber assumes full legal responsibility for verifying that such use does not violate any copyright, publicity, intellectual property, or privacy rights.
The Subscriber agrees to indemnify, defend, and hold harmless Torus, its affiliates, officers, employees, and agents from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:
• The Subscriber’s failure to obtain proper consent for voice usage.
• Any allegations of unauthorized or improper use of a custom, celebrity, or synthetic voice.
Suggested Consent Verbiage for Voice Use
To assist Subscribers, Torus suggests the following verbiage for obtaining consent when using any voice, custom voice, or celebrity voice:
“I hereby consent to the use of my voice for the purpose of creating or utilizing a [custom/synthetic/celebrity] voice in connection with the services provided by [Subscriber Name/Company Name]. I understand that my voice may be used for [specific purpose, e.g., marketing, training, etc.], and I grant permission for this usage. I confirm that I have no further claims to compensation, rights of publicity, or intellectual property related to this usage, provided it remains consistent with the stated purpose.”
Important Note: The above verbiage is provided as a general example and may not comply with all applicable laws or requirements for specific jurisdictions or uses.
Torus explicitly disclaims any responsibility or liability for the adequacy, enforceability, or sufficiency of this suggested consent language. Subscribers are solely responsible for tailoring consent language to meet legal requirements and obtaining proper legal advice to ensure compliance with applicable laws.
Subscriber’s Compliance with Prerecorded Message and Consent Requirements
The Subscriber acknowledges that Torus provides tools for responsible use and agrees that it is solely responsible for using them in compliance with all applicable laws. Torus may monitor usage to ensure compliance but is under no obligation to do so and disclaims liability for content uploaded by Subscribers. Continued use of the Services requires compliance with these Terms and all relevant laws, including obtaining affirmative consent where required.
Compliance with Telemarketing Laws and Dialing Laws
The Subscriber agrees to adhere to all federal, state, and local laws regulating automated or prerecorded/artificial calls or texts, including the TCPA, Telemarketing Sales Rule, and Do-Not-Call regulations. The Subscriber must provide accurate Caller ID information and legally required disclosures and ensure full compliance with all consent requirements.
Affirmative Consent Where Required
The Subscriber acknowledges that certain communications require the recipient’s affirmative consent and agrees not to initiate any communication without such consent, unless a valid legal exemption applies. The Subscriber must maintain detailed records of consent or valid exemptions and provide certified copies upon Torus’s request.
Dispute Resolution
Any dispute arising from these Terms shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association. Both parties waive the right to participate in class actions or class arbitration. Any arbitration award may be enforced in a court of competent jurisdiction. Each party knowingly, voluntarily, and irrevocably waives the right to a trial by jury in connection with any dispute arising out of these Terms.
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflicts of laws principles. Any claim or action arising under these Terms must be brought exclusively in the state or federal courts located in Texas. Both parties consent irrevocably to the jurisdiction of these courts and waive any defense of inconvenient forum. A final judgment rendered by any such court may be enforced in other jurisdictions.
Export Laws and International Privacy
Both parties agree to comply with all applicable U.S. export laws and regulations. The Subscriber agrees not to use the Services to process personal data of individuals in the EU, EEA, UK, Switzerland, or any jurisdiction outside the United States.
Severability and Survivability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Provisions relating to the disclaimer of warranties, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.
Waiver
No waiver of any provision or right under these Terms shall be effective unless in writing and signed by the waiving party. A waiver of any breach shall not constitute a waiver of any subsequent breaches.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must cease using the Services immediately.