1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Merse Originals, Inc. (“Merse Originals,” “we,” “us,” or “our”). By accessing or using our AI Voice Agent services, websites, or any related functionalities (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Services.
We are a Delaware corporation with our principal address at 1065 SW 8th St #1796, Miami, FL 33130, United States. You may contact us at: founders@dench.com.
2. Description of Services
Merse Originals provides AI Voice Agent solutions designed to automate outbound calls for various industries, including but not limited to collection agencies, political fundraising, healthcare, insurance, and call centers. Our Services are compliant with TCPA, FDCPA, and HIPAA regulations, ensuring secure and efficient communication.
3. Eligibility
By using the Services, you affirm that you are of legal age in your jurisdiction to form a binding contract. If you are accessing our Services on behalf of another entity, you represent and warrant that you have the authority to bind that entity and that the entity agrees to be bound by these Terms.
4. User Responsibilities
As a user of our Services, you agree to:
- Provide accurate and up-to-date information for your account or profile, including any payment or contact details.
- Comply with all applicable laws, regulations, and guidelines, including those related to telecommunication and data privacy.
- Use the Services only for lawful purposes and refrain from any activity that could harm or disrupt the Services or other users.
- Respect the intellectual property rights of Merse Originals and other users, including any software, documentation, or content made available through the Services.
5. Account Registration and Security
In order to access certain features of the Services, you may be required to register and create an account. You agree to:
- Provide true, accurate, current, and complete information as prompted by the registration forms.
- Maintain and promptly update such information to keep it true, accurate, current, and complete.
- Be fully responsible for the confidentiality of your account login credentials, and for any use of your account.
- Immediately notify Merse Originals of any unauthorized use of your account, password, or any other breach of security.
6. Licensing and Intellectual Property Rights
All content, software, and materials available on or through the Services, including but not limited to text, graphics, logos, icons, images, and the compilation of such content, are the property of Merse Originals or its licensors and are protected by applicable intellectual property laws. You acknowledge that:
- You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or internal business purposes, in accordance with these Terms.
- You shall not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services or any content therein, except as expressly permitted by law or with our written consent.
- Merse Originals, Inc. trademarks and service marks may not be used in connection with any product or service without our prior written permission.
7. Payments and Fees
We may charge fees for certain Services, including but not limited to subscription fees, data licensing fees, and commissions on service usage. All fees will be clearly outlined, and you agree to pay all fees in accordance with the payment terms provided. We reserve the right to change our fees at any time, but we will provide advance notice of any fee changes through the Services or your registered email address.
8. Privacy Policy
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and share your data. By using the Services, you consent to the collection and use of information as described in our Privacy Policy. Any personal information we receive is processed in accordance with applicable privacy and data protection regulations.
9. Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED THEREIN, ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MERSE ORIGINALS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL MERSE ORIGINALS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID (IF ANY) TO MERSE ORIGINALS FOR ACCESSING THE SERVICES IN THE PAST SIX (6) MONTHS.
11. Indemnification
You agree to indemnify, defend, and hold harmless Merse Originals and its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys' fees) arising out of or related to:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property or privacy right
- Any claim that content you submitted caused damage to a third party
12. Termination
We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including but not limited to a violation of these Terms or any other policy referenced herein. Upon termination, all licenses granted to you by Merse Originals will be revoked, and any data or information you have stored through the Services may no longer be accessible. The following provisions will survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification.
13. Changes to Terms
We may update or modify these Terms at our discretion. If we make material changes, we will notify you by posting a notice on our website or via email (to the extent you have provided us with your email address). Your continued use of the Services after any such updates become effective constitutes acceptance of the revised Terms.
14. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction and venue of the state and federal courts located in Delaware for the resolution of any such disputes.
15. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Merse Originals regarding the Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.