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Welcome, and thank you for your interest in Ask Lou LLC. (“Asklou,” “we,” or “us”). These Terms of Use (“Terms”) set forth the terms and conditions under which Asklou provides and you (“You”, “Your”, or “Customer”) access and use Asklou's software services, including our applications, APIs, and related offerings (the “Services”). These Terms, together with any order form, proposal, statement of work, or supplemental terms referenced herein (collectively, this “Agreement”), constitute the entire agreement between the parties and supersede all prior and contemporaneous understandings, agreements, and communications, both written and oral.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity and its affiliates to these Terms, in which case “You” or “Your” refers to that entity and its affiliates. If you do not have such authority, or if you do not agree to these Terms, do not access or use the Services.
You must be at least the age of majority where you live (and at least 18) to use the Services. The Services are offered for business and professional use. If you use the Services on behalf of an organization, that organization is the Customer and is responsible for your access and use.
Ownership. The Services are owned by Asklou and/or its licensors. The Services are protected by U.S. and international copyright and other intellectual property laws. Asklou and its licensors retain all title and interest in the Services, including all related patent, copyright, trademark, and other intellectual property rights. No rights are granted to You except as expressly set forth in this Agreement.
License. During the term of this Agreement, Asklou grants You a limited, non-exclusive, non-transferable, revocable right to access and use the Services in accordance with these Terms and any applicable order or plan. You may not sublicense, resell, or allow use of the Services by third parties except as permitted in your plan (e.g. authorized users within your organization).
Registration. To use many features of the Services, you must create an account and provide accurate, current, and complete information. You agree to keep your account information up to date.
Admins. If your account is part of an organization or workspace, one or more users may be designated as administrators. Administrators may be able to add/remove users, configure settings, view usage, and access or export certain Customer Data within the organization’s account.
Security. You are responsible for maintaining the security and confidentiality of your credentials and for all activity under your account (including by your Authorized Users). You must promptly notify us of any suspected unauthorized access or security incident related to your account.
Customer Data. “Customer Data” means data and content that you or your Authorized Users submit to the Services or make available through the Services, including business records, contacts, messages, media, documents, and other information. As between the parties, you retain all right, title, and interest in Customer Data, and you grant Asklou a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data solely to provide, secure, support, and improve the Services and as otherwise permitted by our Privacy Policy.
AI features and outputs. The Services may include features that generate suggestions, summaries, classifications, or other outputs based on Customer Data or other inputs (“AI Outputs”). AI Outputs are generated automatically and may be inaccurate, incomplete, misleading, or not suitable for your purpose. You are solely responsible for reviewing, validating, and deciding whether and how to use AI Outputs, including for compliance, safety, pricing, estimating, documentation, or customer communications. You acknowledge that AI Outputs may be similar to outputs provided to other users.
Your responsibilities. You are responsible for: (a) the accuracy and lawfulness of Customer Data; (b) obtaining and maintaining all rights, permissions, and consents needed for Asklou to process Customer Data and provide the Services (including any required notices to individuals); and (c) your and your Authorized Users’ compliance with this Agreement and applicable laws.
Restrictions. In using the Services, you will not (and will not permit others to):
If the Services enable texting, calling, or sending messages (including SMS/MMS/voice), you are solely responsible for: (a) obtaining any required consents and authorizations from recipients; (b) honoring opt-out requests; (c) complying with applicable laws, regulations, and industry requirements (including TCPA and carrier/CTIA policies); and (d) the content of messages you send. You acknowledge that message delivery is not guaranteed and may be affected by carriers, providers, device settings, spam filtering, and other factors outside our control.
Paid Services. Certain features may require payment of fees. Fees, billing cadence, and any plan limits will be described in the Services or in an applicable order form.
Payment processing. We may use third-party payment processors (e.g., Stripe) to process payments. Your use of payment features may be subject to the processor’s terms and policies.
Taxes. Fees are exclusive of taxes, and you are responsible for any taxes applicable to your purchase or use of the Services, except taxes based on our net income.
No refunds unless required. Except as required by law or expressly stated in an order form, fees are non-refundable.
We may offer free trials or beta/early-access features. Trials and beta features are provided “AS IS” and “AS AVAILABLE,” may be modified or discontinued at any time, and may be subject to additional terms presented to you. Asklou has no liability arising out of or related to beta features to the maximum extent permitted by law.
You acknowledge that the Services and related materials may contain Asklou’s confidential information and trade secrets. You agree not to disclose such information to third parties without our prior written consent and to use it only for the purpose of using the Services under this Agreement.
The Services may integrate with or display third-party services, content, or software subject to separate terms (“Third-Party Terms”). You are bound by those Third-Party Terms where applicable. Asklou is not responsible for third-party services or your compliance with Third-Party Terms.
We may modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to You or any third party for any such change. We will use reasonable efforts to provide support during normal business hours as described in your plan or on our website.
We may use any suggestions, ideas, feedback, or recommendations you provide regarding the Services without obligation to you. You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use and incorporate such feedback into the Services.
Our collection and use of personal information is described in our Privacy Policy and Cookie Policy (linked from our website and within the Services). By using the Services, you agree to those policies.
Where we process personal data on your behalf (e.g. your customers’ data), we do so as a processor/service provider in accordance with your instructions and applicable law; you remain the controller/owner of that data and are responsible for lawful collection and any required notices and consents. If you require a Data Processing Addendum (“DPA”), contact us at privacy@asklou.co.
The Services and any AI Outputs are provided for general informational and workflow assistance purposes only and do not constitute legal, financial, insurance, safety, construction, engineering, medical, or other professional advice. You are solely responsible for all decisions you make based on your use of the Services, including estimates, scopes of work, pricing, compliance, and communications with your customers and vendors.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ASKLOU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKLOU AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $500. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.
You agree to indemnify and hold Asklou and its affiliates, officers, agents, and employees harmless from any third-party claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) data you submit or process through the Services; or (c) your violation of this Agreement or any third-party rights.
We may suspend or terminate your access to the Services (in whole or in part) if we reasonably believe: (a) you violated this Agreement; (b) your use poses a security risk, could subject us or others to liability, or could disrupt the Services; or (c) we are required to do so by law. Where feasible, we will use reasonable efforts to provide notice and an opportunity to cure.
You may stop using the Services at any time. Additional cancellation or termination terms may apply under your plan or order form.
Upon termination, your right to use the Services ceases. We may delete Customer Data after a reasonable retention period unless we are required by law to retain it.
Informal resolution. Before starting a formal proceeding, the parties agree to first attempt to resolve disputes informally by contacting the other party and describing the issue and the relief requested. If the parties do not resolve the dispute within 30 days, either party may pursue formal resolution.
Agreement to arbitrate. To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. Arbitration will be conducted on an individual basis.
Small claims; injunctive relief. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
Class action waiver. YOU AND ASKLOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
Opt-out. If you are an individual (not a business entity), you may opt out of arbitration within 30 days of first accepting these Terms by emailing us at legal@asklou.co from the email address associated with your account, with a clear statement of your intent to opt out.
Governing law / venue. Unless prohibited by law, this Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws. If arbitration is found unenforceable for a dispute, that dispute will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction there.
We may change these Terms from time to time. We will post the updated Terms on our website or in the Services and update the effective date. For material changes, we will use reasonable efforts to notify you (e.g. by email or in-app notice) with a summary and effective date. Your continued use of the Services after the effective date constitutes acceptance of the new Terms. If you do not agree, you must stop using the Services.
Asklou will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil disturbances, failures of suppliers, telecommunications or internet service providers, hosting or power failures, and governmental actions.