Last Updated: Dec 1, 2024
Information Collection and Use
This Agreement is between Oblam LLC and the person (natural or legal) accessing or using the Product. These Terms of Service (“Terms”) are an agreement between Oblam LLC. (“Oblam,” “we,” “us”etc.) and you and govern your use of the Site (as hereinafter defined) and all information on or submitted through it. www.oblam.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to Oblam LLC.’s Privacy Policy (the
“Privacy Policy”), as amended from time to time.
If you are accessing or using the Product on behalf of your company, you certify that you have the authority to accept this Agreement on behalf of your firm. By signing up, accessing, or using the Product, Customer acknowledges its acceptance of this Agreement and consents to be bound by the terms and conditions of this Agreement.
Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honour them. Persons under the age of 13 are not authorized to use the Site.
Cloud Service
“Oblam” is a Devtool Site that enables you to build a voice AI into your product. Our service includes a versatile API for anyone building an AI for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, such as AI call agents, AI coaching apps, or AI lifelike companions.
Cloud Service Fees
The pricing pages of the Provider offer information on the various parts of the Product and their corresponding plans/prices. Customer will pay Provider costs throughout the Payment Period in accordance with the Product tier chosen at account creation and Customer’s usage during each Subscription Period. Provider may alter the price of the product by notifying the customer (by email or notice within the product) at least seven days in advance. The updated price will take effect at the beginning of the following subscription period.
Professional Services
Beyond the standard technical support, Oblam AI offers customized professional services which include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to your specific needs. Please contact us at legal@oblam.com with any questions or requests, and a member of our team will help you choose the services and solutions that will be most suitable to meet your needs.
Key Terms
Customer:
The company or person who accesses or uses the Product. Where this Agreement is entered into on behalf of a company, the use of the word “Customer” in the Agreement will mean that company.
Effective Date: The date Customer first accepts this Agreement.
Invoice Period: Monthly
Payment Period: 1 day from date of invoice
Provider: Oblam LLC. (Owner of Oblam AI)
Subscription Start Date: Date of Sign Up
Subscription Period: Pay-as-you-go, Invoiced Monthly
Non-Renewal Notice Period: A minimum of 30 days before the current Subscription Period ends.
Claims
Any action, proceeding, or claim alleging that the Customer Content violates, misappropriates, or otherwise infringes upon the intellectual property or other proprietary rights of third parties when used in accordance with the terms of the Agreement; or, on behalf of the provider, any action, proceeding, or claim alleging that the Cloud Service violates, misappropriates, or otherwise infringes upon the intellectual property or other proprietary rights of third parties when used by Customer in accordance with the terms of the Agreement.
Arbitration
In the event the parties are not able to resolve any of these claims/dispute between them arising out of or concerning these Terms and Conditions, or any provisions thereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Indemnification
You agree to indemnify, defend and hold harmless Oblam, its officers, directors, employees, agents and third parties, for any losses, Costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Oblam reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Oblam in asserting any available defences.
Attachments and Supplements
Acceptable Use Policy:
By accessing or using Oblam Inc services, you agree to comply with the following terms:
Compliance with Laws: Your use of the service must adhere to all applicable laws and regulations, especially local laws where this service is being accessed in a location outside the USA.Prohibited Conduct:No unauthorized access or interference with service operations.No security breaches or testing for vulnerabilities.No disruption of service to other users.No distribution of viruses or malicious code.No phishing, spamming, or engaging in illegal or harmful communications.Privacy Policy
Kindly see our Privacy Policy for an overview of our procedures and guidelines for the collection, use, and retention of personal information. Provide only the personal information of third parties that you are required or permitted to by contract or applicable law. Unless you have given a copy of our privacy policy and any applicable supplemental privacy notice to a third party and have their express approval, you may not submit personal data on their behalf.
Our Intellectual Property Rights
This entire website, that is, the names, logos, trademarks, and service marks (collectively, the “Marks”), as well as any and all related or underlying technology, with the exception of your content, is owned by Oblam LLC. and its licensors. It may also be covered by applicable copyright or other intellectual property laws and treaties. All rights are reserved, save those expressly granted to you. Without the prior written consent of Oblam LLC., you are not permitted to make use of any of its trademarks.
Terms of Service:Adhere to the full Terms of Service.Reporting Abuse:Report any abuse or violations to legal@oblam.com Violations of this policy may result in termination of service and legal action if necessary.
Security Policy
Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.
Publicity Rights
In order to identify the Customer as a user of the Product, the Provider may identify Customer and utilize Customer’s trademarks and logo on Provider’s website and in marketing materials. For the duration of the Agreement, Customer thus grants Provider a non-exclusive, royalty-free license to use this in connection with any marketing, promotion, or advertising of Provider or the Product.
Customer gives permission to Provider to process its Usage Data and Customer Content for the development, training, and improvement of artificial intelligence and machine learning models that are included in Provider’s products and services, including third-party components of the Product. However, before being used for these purposes, (a). Usage Data and Customer Content must first be aggregated, and (b). the Provider shall make commercially reasonable measures to de-identify Usage Data and Customer Content using industry standard technologies. Nothing in this section shall lessen or restrict the Provider’s obligations under the applicable data protection laws with regard to Personal Data that may be included in Customer Content or Usage Data.
1. Use of Platform
1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.
1.2 Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the “owner” of a particular Platform account, Oblam will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If Oblam is unable to determine the rightful owner of the Platform Account, Oblam reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered Oblam to grant access to a specific individual.
1.3 Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to Oblam, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of Oblam, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels
1.4 Compliance: You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws. Oblam is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulation.
1.5 Privacy. By using the Platform and providing Information on or through the Platform, you consent to Oblam’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Oblam has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by Oblam. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
You may not use, resell, authorize or permit anyone to use, or license or make available data you obtain from People Data Labs, for any purposes prohibited in the People Data Labs Acceptable Data Use Policy posted here https://privacy.peopledatalabs.com/policies?name=acceptable-data-use-policy. You further agree to comply with applicable law when collecting personal data that will be sent to People Data Labs.
1.6 Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Oblam immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Oblam reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Oblam’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to Oblam to access and monitor your Platform Account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.
1.7 Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Oblam is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Oblam is a technology platform communication service application provider ONLY. Oblam does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction. Communication Surcharges are subject to the Leadconnector Terms of Service.
1.8 Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to Oblam to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request Oblam to import from other Third-Party Services and/or are the rightful owner of such data. Oblam is not responsible for, and Oblam hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether Oblam endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against Oblam with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. Oblam disclaims all liability related to outages or downtime of Third Party Services.
Oblam does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. Oblam may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation, integration, or support of Third-Party Services.
If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Oblam is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Oblam reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you.
1.9 Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Oblam. Oblam is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.
1.10 Excessive Use Restrictions; Trials. Oblam provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Oblam’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Oblam’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.
Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, Oblam reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in Oblam’s sole discretion.
1.11 Platform Updates. Oblam reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Oblam’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.
1.12 International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Oblam makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively,“Export Control Laws”). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a“Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.
You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government’s (or other government’s or international body’s) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put Oblam or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. You further agree that You will not use the Platform and/or Services to disclose, transfer, download, export or re-export, directly or indirectly, any of your user data or your content to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the Platform and/or Service and other software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited. We reserve the right to terminate access to any Platform Account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.
1.13 Artificial Intelligence Acceptable Use policy: Before using Artificial Intelligence (“AI”) features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B.
1.14 Domain Names. If you use the Platform to purchase a domain name, Oblam will purchase it on your behalf, and Oblam will be the listed registrant. You must use the domain name in compliance with these Terms. If requested by You in writing, Oblam will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold Oblam harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.
1.15 Customer Account Transfer Requests. Oblam will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. Oblam will only fulfill transfers of Sub-Accounts without Your approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated due to your breach of these Terms.
1.16 Bug Bounty Program. Oblam does not have a bug bounty program and does not pay bug bounties. Oblam prohibits any third party access to the Platform or any Oblam systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by these Terms or as agreed to by Oblam in a separate written agreement.
1.17 Certification Program. Oblam offers a certification subscription to individual users and enterprise-level customers who successfully complete the certification exams to indicate Platform expertise. Certification badges are unique to the individual who earned the badge and do not apply to the entire agency or anyone else in Your organization. You agree not to misrepresent certification badges on Your store, social media or the Platform. Certification badges do not constitute Oblam’s endorsement, support, promotion, or affiliation with any particular individual. Oblam is not liable for any business you do or do not generate as a result of being certified. By participating in the Certification Program, you grant permission to Oblam to display your contact information on our Oblam Certified Directory. Any transactions you enter with third parties as a result of your certification are solely at your own risk, and Oblam makes no guarantees or warranties that such transactions will be successful. While participating in the Certification Program, You are prohibited from stating or implying that you are an employee or contractor of Oblam, or that you have an affiliation or business relationship with Oblam other than your certification credentials. You may not use the Certification Directory to solicit or recruit certified parties for your own business or engage in any other activity that is inconsistent with the spirit of the Certification Program. Oblam reserves the right to terminate your participation in the Certification Program at any time, for any reason, in its sole discretion.
1.18 Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using the Platform. Oblam does not provide refunds to your customers. Oblam does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if Oblam determines in its sole discretion that the Materials that you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms. You agree that Oblam can, at any time, review and delete any or all of the Materials submitted to the Platform and/or Services, although Oblam is not obligated to do so. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through the Platform and/or Services, and all aspects of the transactions between You and Your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms. You represent and warrant that Your store, Your Materials and the goods and services you sell through the Platform and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Oblam will not be the seller or merchant or record and will have no responsibility for Your store or items sold to customers through the Platform and/or Services. Oblam reserves the right to provide our Services and/or Platform to Your competitors and make no promise of exclusivity. You further acknowledge and agree that Oblam employees and contractors may also be Oblam customers or merchants and that they may compete with You. Oblam is not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms.
Changes to Terms
Oblam reserves the right, in its sole discretion, to change the Terms under which www.oblam.com is offered. The most current version of the Terms will supersede all previous versions. Oblam encourages you to periodically review the Terms to stay informed of our updates.