Value Amplify is a product developed and offered by Value Amplify. We provide software as a service (SaaS) that enables our clients to store, manipulate, analyze, and transfer messages between their business systems and their customers across a variety of messaging channels provided by Value Amplify and third parties (the "Service"). A "Client" is an entity with whom we have an agreement to provide the Service. This terms of service agreement (the "Agreement") is a commitment between the Client and Value Amplify, with both parties being the "Parties" and each being a "Party," and becomes effective on the date the Client registers for an account through our website (the "Effective Date").
By registering for an account, you acknowledge your understanding of these terms and agree to the Agreement on behalf of the Client. Please ensure you have the necessary authority to accept the Agreement on behalf of the Client before proceeding.
If a Client violates any of the terms described below, we reserve the right to cancel accounts or deny access to accounts without prior notice. If you do not agree to these terms, please do not use our services. We may, but are not obligated to, remove content and accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these terms of use.
We may refuse service to anyone for any reason at any time.
BY USING ANY PART OF THE VALUE AMPLIFY SOLUTION (INCLUDING THE WEBSITE), THE CLIENT ACKNOWLEDGES HAVING READ, ACCEPTED, AND AGREED TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF THE CLIENT DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, THE CLIENT MUST NOT USE THE SOLUTION. THE CLIENT REPRESENTS AND WARRANTS TO VALUE AMPLIFY THAT IT HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF THE CLIENT IS USING THE SOLUTION ON BEHALF OF ANOTHER PERSON, THE CLIENT REPRESENTS AND WARRANTS TO VALUE AMPLIFY THAT IT HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
We reserve the right to change our monthly/annual fees upon 30 days' notice. Fee changes will be notified by email to all our subscribers and will be reflected on the pricing page on our website.
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Platform Provision by Value Amplify
Subject to the Client's compliance with the terms and conditions of this Agreement, we will make the platform available to the Client on the terms and conditions set forth in this Agreement, provided that: (i) the Client has read and accepted and complies with its obligations under the applicable terms of use related to all applicable Third Party Messaging Platforms, Pre-Integrated Third Party Business Applications, and Integrated Custom Business Applications; and (ii) has taken all necessary steps to enable interoperability between the platform and all applicable Third Party Messaging Platforms, Pre-Integrated Third Party Business Applications, and Integrated Custom Business Applications, including acquiring necessary approvals and API keys, either directly or through the Client's Customers, to access these messaging channels as a business.
Service and Fee Modifications
Value Amplify reserves the right to modify, suspend, or discontinue the Service at any time and for any reason with or without notice.
Value Amplify reserves the right to change our monthly/annual fees upon 30 days' notice. Fee changes will be notified by email to all our subscribers and will be reflected on the pricing page.
Value Amplify reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Trademark License
During the Term, the Client grants to Value Amplify a worldwide, non-exclusive, non-transferable, and non-sublicensable (except to affiliates) royalty-free license to use in connection with the marketing, advertising, and promotion of the Solution, including the inclusion of the Client and the Client's Application on the Value Amplify website; and only in accordance with the Client's reasonable trademark usage guidelines, as updated by the Client from time to time. The Client may require Value Amplify to cease using the Client's trademarks and logos if, in the Client's reasonable judgment, the continued display of the Client's trademarks and logos would materially adversely affect the Client's image and commercial value associated with them.
Copyright and Ownership
We expressly reserve all rights, title, and interest, and the Client will not acquire any rights, title, or interest in: (i) the Solution (or any part thereof) and any other material or content provided by Value Amplify under this Agreement, including all and any Modifications to any of the foregoing; and (ii) all intellectual property rights in any of the foregoing, in each case. All rights, title, and interest in the Property shall remain with Value Amplify (or third-party providers, as applicable). The Client may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service that is owned by Value Amplify or its suppliers. The Client agrees not to resell, duplicate, reproduce, or exploit any part of the Service without the express written permission of Value Amplify. For greater certainty, the Property is licensed and not "sold" to the Client.
We do not claim any intellectual property rights over the Content that the Client uploads or provides to the Service.
The right of Value Amplify to use customer data
The customer acknowledges and agrees that Value Amplify may store, use, reproduce, modify, and transfer customer data, including personal data, solely in connection with the delivery of services under this agreement. The customer further acknowledges and agrees that Value Amplify may store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, such as analysis, quality assurance, product and service improvement, and development of new products and services. The customer agrees to ensure that any administrative user, customer of the customer, and chat participant accepts the terms.Customer responsibilities
Customer accounts.
At the customer's request, Value Amplify will issue one or more administrator accounts (the "Administrator Accounts") to the customer, which will provide the customer with the ability to create accounts for use by individuals who are employees or contractors of the customer and whom the customer wishes to have access to and use of the Value Amplify platform (each, an "Administrative User"). The customer will ensure that Administrative Users only use the platform through their Customer Account. The customer will not share Administrator Accounts with anyone else and will not allow Administrative Users to share their Customer Account with anyone else. The customer will promptly notify Value Amplify of any actual or suspected unauthorized use of the platform. Value Amplify reserves the right to suspend, disable, or replace any Customer Account or Administrator Account if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose.
The customer is responsible for maintaining the privacy and security of their accounts. Value Amplify will not be liable for any damage or loss that may result from your failure to protect your login information, including your password.Use restrictions. The customer acknowledges and agrees that they are responsible for the activities and communications of all administrative users and chat participants on the Value Amplify platform, and the compliance by all administrative users, customer of the customer, and chat participants with this agreement, and any guidelines and policies published by Value Amplify from time to time.
The customer is fully responsible for all activities that occur under their account and for any other action taken in connection with the account. You are responsible for all content submitted and activity that occurs under your account (even when the content is submitted by others to your account).
Value Amplify may, but is not obligated to, delete content and accounts that contain content that we determine in our sole discretion to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property rights of any party or these Terms of Use.
Without limiting the generality of the foregoing, the customer shall not and shall not permit any other person (including administrative users, customers of the customer, or chat participants) to do the following:
