Service Terms and Conditions
Service Terms and Conditions
Effective Date: These Service Terms and Conditions were last updated on September 1st, 2022.
Use of Arch Telecom, Inc. (dba ArchAgent referred as “Service Provider”) data products, applications, software, services, and web portals (referred as “Services” in this document and excluding any services provided to you by Service Provider under any separate written agreement) is subject to the terms of a legal agreement between you and Service Provider. Service Provider principal place of business is located at:
Arch Telecom, Inc.
12600 Hill Country Blvd
Suite R-130 #335
Austin, TX, 78738
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms of Service, where this option is made available to you by Service Provider in the user interface and registration page for any Service
- By accepting use the Services. In this case, you understand and agree that Service Provider will treat your use of the Services as acceptance of the Terms from that point onwards
You may not use the Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with Service Provider.
- You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provisions of Service
Service Provider is constantly evolving in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Service Provider provides may change without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Service Provider may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Service Provider sole discretion, without prior notice to you.
You acknowledge and agree that while Service Provider may not currently have set a fixed maximum limit on the number of transactions or transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed maximum limits may be set by Service Provider at any time, at Service Provider discretion.
Use of Services By You
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Service Provider will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Service Provider, unless you have been specifically allowed to do so in a separate agreement with Service Provider. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
Unless you have been specifically permitted to do so in a separate agreement with Service Provider, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Service Provider has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Service Provider may suffer) of any such breach.
Content
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to Service Provider (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Service Provider or by the owners of that Content, in a separate agreement.
Proprietary Rights
You acknowledge and agree that Service Provider (or Service Provider licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Service Provider and that you shall not disclose such information without Service Provider prior written consent.
Unless you have agreed otherwise in writing with Service Provider, nothing in the Terms gives you a right to use any of Service Provider trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Service Provider, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Service Provider
Service Provider gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Service Provider as part of the Services provided to you by Service Provider (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Service Provider, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Service Provider, in writing.
Unless Service Provider has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Unless Service Provider has given you specific written permission to do so you may not share your login with multiple parties or partners. Service Provider reserves the rights to suspend or terminate users service at any time if it is determined that user has violated the terms of service. You agree that Service Provider has sole discretion to determine when the terms have been violated.
Access and Use of Customer Data
Permission to Access Data
When you use our services, you (“Customer”) grant Arch Telecom, Inc (“Company”) DBA ArchAgent authorization to access and obtain data from your Customer Relationship Management (“CRM”) system through the API. This access encompasses data pertaining to customer interactions, sales activities, marketing efforts, contacts, and all other information maintained within your CRM that you make available to us via the API (“Customer Data”).
Scope of Data Access
The information we may access and retrieve includes, though is not limited to: Contact details (names, email addresses, phone numbers, etc.) Sales and transaction history Customer support interactions and records Marketing campaign metrics Additional data stored in your CRM system that is accessible through the API.
API Integration
You bear responsibility for ensuring proper API integration with your CRM system and providing appropriate authentication credentials. You understand that access to your data may be restricted if the integration is incorrectly configured or if required access permissions are not properly granted.
Use of Customer Data
Purpose of Use
Customer Data obtained through the API will be utilized exclusively for conducting data analysis, producing reports, developing insights, and enhancing our services (“Analytical Purposes”). This includes: Evaluating customer behavior, trends, and patterns Creating business intelligence reports Enhancing marketing strategies and sales performance Optimizing our services’ functionality and effectiveness
Data Aggregation and Anonymization
We reserve the right to aggregate and anonymize Customer Data to generate non-personally identifiable insights. Such consolidated information may be utilized to enhance the Company’s services, but we will never disclose your confidential information in an identifiable form without your explicit authorization or legal requirement.
Confidentiality and Security
We implement commercially reasonable measures to safeguard the confidentiality, integrity, and security of your Customer Data. You acknowledge that while we employ commercially acceptable methods to protect your data, no Internet transmission or electronic storage method is entirely secure.
No Sale of Data
Subject to any Derivative Works, we will not sell, lease, or otherwise share your Customer Data with third parties, except as required to fulfill the purposes outlined in these Terms, as mandated by law, or with your explicit permission.
Derivative Works Rights
Grant of Rights
Customer grants Company a permanent, irrevocable, global, non-exclusive, royalty-free right and license to develop, utilize, modify, distribute, perform, display, transmit, and otherwise leverage derivative works, improvements, or other materials created using or based on Customer Data (“Derivative Works”).
Ownership and Commercial Rights
Company maintains all right, title, and interest in any Derivative Works created under this Agreement. Company may, at its discretion: Market, license, sublicense, or otherwise monetize any Derivative Works Share Derivative Works through any channels or with any third parties Integrate Derivative Works into other products or services Utilize Derivative Works for any business purpose
Limitations and Protection of Customer Data
Company agrees that: all Derivative Works will be generated in a way that preserves the anonymity and confidentiality of Customer’s individual CRM records, and Customer retains all rights to their original CRM Data.
Definition of Derivative Works
Within this Agreement, “Derivative Works” may encompass but are not limited to: Aggregated data analyses and statistics Industry insights and trends Predictive models and algorithms Recommendations Benchmarking reports Market research and intelligence products
Customer Responsibilities
Data Accuracy
You are responsible for ensuring that the Customer Data provided through the API is accurate, current, and compliant with applicable privacy and data protection laws.
Compliance with Laws
You must adhere to all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other regulations governing the collection, use, or processing of personal data.
Revocation of Access
You may withdraw our access to the Customer Data at any time by deactivating the API integration or by submitting written notice. Upon revocation, we will stop accessing your data, though any information already collected and used for analysis may be retained to complete ongoing analyses.
Data Retention
Retention Period We will maintain the Customer Data for the duration necessary to fulfill the purposes outlined in these Terms, unless a longer retention period is required or permitted by applicable law.
Data Deletion
At your request, we will delete or anonymize your Customer Data, unless we are legally required to retain such data or need it for legitimate business purposes.
Limitations of Liability
No Warranty on Data Accuracy We make no representations or warranties regarding the accuracy, reliability, or completeness of the Customer Data obtained through the API. You acknowledge that we are not liable for any errors, omissions, or inaccuracies in the provided data.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company’s liability to you for any claims arising from or related to these Terms or the services provided hereunder shall be limited to the amount paid by you for the services in the six months preceding the event giving rise to the claim.
Compliance
Telephone Consumer Protection Act (TCPA)
Subscriber agrees to comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. and all other applicable federal and states laws. Arch may suspend or revoke a Subscriber’s account if it has knowledge or has reason to believe that a Subscriber is violating the TCPA or other applicable federal or state laws.
Do Not Call Registry (DNC)
Individuals who have registered their phone number on the DNC Registry are not to be contacted for solicitation purposes. Subscribers must comply with the National DNC registry and their state DNC rules.
ArchAgent will check the DNC status of every phone number provided to a subscriber. If the phone number is on the state or federal DNC, ArchAgent will indicate as such. If ArchAgent receives a complaint or report from a consumer to block their phone number, Arch will comply by permanently doing so.
A brokerage should maintain a company specific DNC list. If your calls are exempt and are allowed to persons on a DNC list, you must honor “company specific” “do-not-call” requests from consumers to not be contacted by your business again. Any form of such a request is valid, thus you cannot require a consumer to submit a “do-not-call” request in writing, via email, etc.
Federal law requires you have a “do-not-call” policy available “upon demand”. It is important to train your representatives in that policy, keep records of that training and compliance efforts.
Consult your attorney to implement proper compliance measures.