Terms and Conditions for Durekt
Effective Date: November 1st, 2024
These Terms and Conditions ("Terms") govern your access to and use of the Durekt website (the "Site"), as well as the use of Durekt’s software services ("Services"). By accessing or using the Site and Services, you agree to comply with these Terms. If you do not agree to these Terms, you should not access or use the Site or Services.
1. Acceptance of Terms
By accessing or using the Durekt website and Services, you agree to be bound by these Terms, as well as any additional guidelines, rules, or policies that may be posted on the Site. Durekt reserves the right to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting on the Site.
2. Use of the Site and Services
Eligibility: You must be at least 18 years old to use the Site and Services. By using the Site and Services, you represent that you are at least 18 years of age and have the legal capacity to agree to these Terms.
Account Registration: In order to access certain features or services, you may be required to create an account on the Site. You agree to provide accurate and complete information when creating your account and to update such information promptly to keep it accurate.
Permitted Use: You may use the Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:
3. Services Provided
Durekt offers a suite of AI-driven software tools designed to analyze sales call interactions, grade sales performance, and provide actionable feedback to sales teams. The Services include:
4. Intellectual Property and Proprietary Rights
Ownership of Durekt Technology: : All software, algorithms, methodologies, and underlying technology (collectively, the "Durekt Technology") used in connection with the Site and Services, including the AI algorithms, data models, grading systems, and reports, are the exclusive property of Durekt and are protected by copyright, trade secret, patent, and other intellectual property laws.
License to Use: Durekt grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms. This license does not grant you any rights to modify, copy, distribute, or reverse engineer any part of the Durekt Technology, including the algorithms, data, or reports.
Restrictions: You agree not to:
Feedback and Improvements: If you provide any suggestions, feedback, or ideas regarding the Site or Services ("Feedback"), you acknowledge and agree that Durekt may use and incorporate such Feedback into its technology and Services without compensation to you and without any obligation to you.
5. Data Collection, Privacy, and Security
Data Usage: By using the Services, you consent to the collection, use, and processing of your data, including sales call recordings, performance metrics, and other data generated by your team’s interactions with the platform, in accordance with Durekt's Privacy Policy. This data may be used to improve the quality of the Services, develop new features, and enhance the AI algorithms.
Privacy Policy: For more information on how we collect, use, and protect your personal and organizational data, please refer to our [Privacy Policy](#).
Data Security: Durekt implements reasonable technical and organizational measures to protect the data you provide from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet is entirely secure, and we cannot guarantee absolute security.
6. Subscriptions, Payment, and Billing
Pricing: Access to certain features of the Services may require a subscription. Pricing details, including applicable fees and payment terms, will be outlined during the subscription process or in your contract with Durekt.
Billing and Payment: You agree to pay all fees associated with the Services as they become due. All payments will be processed in accordance with the terms set forth on the Site or in your subscription agreement.
Refund Policy: All sales are final. However, you may contact our support team if you believe there are issues with the Services.
7. Termination
Termination by Durekt: Durekt reserves the right to suspend or terminate your access to the Site or Services at any time, with or without cause, including if you violate these Terms or for any other reason deemed appropriate by Durekt. Upon termination, your right to use the Site and Services will immediately cease, and you must promptly stop using all Durekt Content.
Effect of Termination: Upon termination, any data related to your account may be deleted or anonymized in accordance with Durekt’s Privacy Policy. You may request a copy of your data prior to termination in accordance with applicable laws.
8. Disclaimers and Limitation of Liability
No Warranty: The Site and Services are provided "as is" and "as available," without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Durekt does not guarantee the accuracy, completeness, or performance of the Services.
Limitation of Liability: To the fullest extent permitted by law, Durekt’s liability shall be limited to the amount you paid for the Services during the three (3) months prior to the event giving rise to the claim. In no event shall Durekt be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or Services, including, but not limited to, loss of profits, data, or business opportunities.
9. Indemnification
You agree to indemnify, defend, and hold harmless Durekt, its affiliates, employees, agents, and partners from and against any claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Site and Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
10. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising from or related to these Terms will be resolved through binding arbitration in [Your State/Country] in accordance with the rules of [Arbitration Institution]. Both parties agree to waive their right to a trial by jury and any class action claims.
11. Modifications to the Terms
Durekt reserves the right to modify or update these Terms at any time. We will notify you of any material changes to the Terms by posting a revised version on this page. Your continued use of the Site and Services after any changes to these Terms will constitute your acceptance of the modified Terms.
12. Contact Us
If you have any questions about these Terms or the Services, please contact us at:
Durekt Support
Email: [help@durekt.com]