Supplemental Terms for AI Services

CallRail grants you a non-exclusive, non-transferable right, during the term for which you have subscribed to use the applicable AI Service, to access and use such AI Service, solely for your internal business use and in accordance with the terms and conditions of these AI Services Terms, the terms and conditions of the CallRail Terms of Use, the terms and conditions of any additional applicable Supplemental Terms, and the applicable documentation (if any) provided by CallRail.

You agree to make available in a timely manner and at no charge to CallRail any and all technical data, files, documentation, test data, or other information (collectively "User Materials”) required and/or reasonably requested by CallRail for providing the applicable AI Service(s) with the information they require to perform effectively. You acknowledge and agree that CallRail may acquire certain User Materials from accessing, scraping or otherwise using your publicly accessible websites, and hereby permit CallRail to acquire such information, regardless of any conflicting terms applicable to the use of such sites. You shall be responsible for, and assume the risk of, any inaccurate results or other problems resulting from, the content, accuracy, completeness and consistency of all such User Materials. You hereby grant to CallRail a limited, non-exclusive, non-transferable, revocable, royalty-free, non-sublicensable right and license to reproduce, modify, process and otherwise use the User Materials for purposes of providing the AI Services and improving the performance thereof.

Except with respect to the User Materials, which will remain your property, CallRail shall own all data collected by or processed through the AI Services ("Platform Data"), and you have no and acquire no rights in and to the Platform Data. The Platform Data shall be considered the Confidential Information of CallRail. You understand and agree that CallRail may monitor use of AI Services and use data, queries and other information related to such use in an aggregate and anonymous manner ("Aggregated Information"), including, but not limited to the compilation of statistical and performance information related to the provision and operation of the AI Services and to modify and improve the AI Services. As between you and CallRail, all right, title and interest in the Aggregated Information belongs to and is retained solely by CallRail. You acknowledge that CallRail will be compiling Aggregated Information based on your and other users’ use of the AI Services and you agree that CallRail may (a) make such Aggregated Information publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such information does not identify you or your Confidential Information.

In addition to the obligations set forth the CallRail Terms of Use, you acknowledge and agree that:

• You shall comply with and are solely responsible for compliance with all applicable legal and regulatory requirements associated with your and your callers’ and texters’ use of the AI Services and your provision of information to CallRail and third parties, including all applicable wiretapping and voice recording laws. CallRail does not provide legal advice with respect to the use of the AI Services and you understand and agree that it is your responsibility to check local laws to ensure compliance.
• Where applicable, you are responsible for developing and complying with your own privacy, data protection and artificial intelligence obligations, notice, opt-in/opt-out and/or consent requirements, data subject rights responses, risk or impact assessments, auditing, and other policies (including any biometric or other data retention, redaction and destruction policies) as may be required under applicable law.
• You will not use the AI Services or any responses provided by them (i) to build or train AI models or develop competing products; (ii) for any purpose that violates any applicable law, (iii) in a manner that may infringe third party rights, including but not limited to intellectual property rights or privacy rights, or (iv) falsely represent AI generated content as human generated.
• The AI Services may include artificial intelligence and other tools and technologies provided by third parties, and you acknowledge that your use of the AI Services may involve access to User Materials by such third parties.
• Without limiting CallRail’s rights under Section 6.3 of the CallRail Terms of Use, CallRail expressly reserves the right monitor your use of the AI Services and to suspend or terminate your use of any or all of the AI Services if it detects any Misuse (as defined in the CallRail Terms of Use).