End User License Agreement

1. What this agreement covers

This End User License Agreement ("EULA") is between the business that holds a Xaller.ai account ("you") and XALLER AI, a trade name of ZPEACHY LLC ("Xaller.ai", "we", "us"). It governs the software you use to access the Xaller.ai service: the web application, browser test calls, any downloadable or installable components we provide, and their updates (the "Software").

This EULA is part of the Terms of Service. Terms defined there have the same meaning here. Each person who uses the Software for your account (an "Authorized User") must follow this EULA, and you are responsible for their use.

2. License

Subject to this EULA and the Terms, and while your subscription or trial is active, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license for your Authorized Users to use the Software for your internal business purposes, within the limits of your plan.

3. Restrictions

You and your Authorized Users must not, and must not allow anyone else to:

• copy, modify, translate or create derivative works of the Software, except as the law expressly allows despite this restriction;
• reverse engineer, decompile or disassemble the Software, or try to discover its source code, prompts, model configuration or underlying algorithms, except as the law expressly allows;
• sell, rent, lease, sublicense, resell or provide the Software to anyone else, or use it to operate a service bureau or offer it to other businesses;
• access the Software to build a competing product or to copy its features, design or content;
• remove or alter proprietary notices or labels, or the recording and AI notices the Service gives callers;
• bypass usage limits, security controls, access restrictions or the measures that keep accounts separate;
• access the Software by automated means (such as bots or scrapers) except through interfaces we document for that purpose;
• probe, scan or test the Software's vulnerabilities without our written permission (see the security contact in section 9);
• use the Software in breach of the Acceptable Use Policy or applicable law.

These restrictions do not limit what you do with your own material. You may view, copy, edit, export and reuse the greetings, instructions, questions, knowledge, settings and other configuration you create for your agent, including the instructions shown to you in the app's advanced editor, and the call records the Service creates for you. The restrictions protect our underlying software, system instructions and models, not your content.

4. Ownership

The Software is licensed, not sold. We and our licensors keep all rights, title and interest in it, including all copies, updates and intellectual-property rights. Your information and call records remain yours, as described in the Terms.

5. Updates and changes

We may update the Software, add or remove features, or change how it works, for example to improve it, keep it secure or comply with law. Some updates are applied automatically. We will not materially reduce the core functionality of your paid plan during its current billing term. If law, security or a provider's withdrawal forces such a reduction, we will tell you as early as we reasonably can, and you may cancel and receive a prorated refund of prepaid fees for the rest of the term. Features labelled beta, preview or limited release may change or be withdrawn and are provided without any commitment.

6. Third-party and open-source components

The Software includes components licensed from third parties, including open-source software. Those components are subject to their own licenses, which we make available with the Software. Nothing in this EULA limits rights you have under an open-source license. Third-party services you connect are governed by their own terms, as described in the Terms.

7. Browser and device requirements

The Software runs in current versions of major web browsers. Test calls in the browser need microphone permission. You are responsible for your devices, internet connection and browser settings. Some features need cookies or browser storage that are necessary for sign-in and security.

8. Term and termination

This EULA lasts as long as the Terms. Your license to use the Software to answer calls ends when your subscription or trial ends, your account is closed, or the Terms are terminated.

Until your account is closed, the account owner can still sign in to manage billing, resume or cancel a plan, export data and close the account, even after the subscription has ended. Once the account is closed, the Software is no longer available and you must stop using it. Sections 3, 4, 6 and 10 survive.

9. Security reports

If you believe you have found a security vulnerability, report it to [email protected] and do not access or change other people's data. We will not pursue legal action against good-faith research that follows these rules, avoids harm to our customers and their callers, and gives us reasonable time to fix the issue before disclosure.

10. Disclaimers, liability and export

The disclaimers, limitations of liability, governing law and dispute terms in the Terms apply to the Software. You must comply with US export-control and sanctions laws and must not use the Software in, or make it available to anyone in, a country or to a person subject to US embargo or restriction.

11. Changes to this EULA

We may update this EULA as described in the Terms. Each version is published with its version number and effective date, and earlier versions remain available.

12. Contact

Questions about this EULA: [email protected].