Terms & Conditions
GENERAL Terms & Conditions
GENERAL Terms & Conditions
TERMS AND CONDITIONS
Effective Date: Jan 1st, 2025
Last Updated: Jan 1st, 2025
Welcome to Trata AI USA Corp. These Terms and Conditions (“Agreement”) set forth the legally binding terms governing your access to and use of our website located at https://www.trata.ai/ (the “Website”) and the services we provide, including advanced communication tools, AIVoice solutions, lead management systems, dashboards, and other customizable solutions (the “Services”).
By accessing or using our Website or Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, you must immediately discontinue use of the Website and Services.
1. DEFINITIONS
1.1 “Company,” “We,” “Our,” or “Us” refers to Trata AI USA Corp, including its affiliates, successors, and assigns.
1.2 “Services” refers to all solutions offered by the Company, including but not limited to subscription-based and customizable products such as advanced communication tools, AIVoice solutions, lead management systems, operational dashboards, and AI-powered solutions.
1.3 “AIVoice” refers to the Company’s AI-generated voice technology designed to facilitate automated and enhanced communication.
1.4 “Client,” “You,” or “User” refers to any individual, company, or legal entity accessing or using the Website or Services, whether as a registered user or otherwise.
1.5 “Subscription Plan” refers to the specific service package selected by the Client as detailed on our Pricing Page.
1.6 “Applicable Laws” refers to all federal, state, and local laws, regulations, and rules, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and related privacy and consumer protection laws.
1.7 “Source Code” refers to the underlying code, structure, and algorithms that comprise the software or solutions provided by the Company.
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Website or Services, you represent and warrant that:
You are at least 18/21 years of age or the age of majority in your jurisdiction.
You have the legal authority to enter into this Agreement on behalf of yourself or the entity you represent.
Your use of the Website and Services complies with all Applicable Laws.
2.2 If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these terms.
3. DESCRIPTION OF SERVICES
3.1 Purpose and Use Cases: The Company provides Services designed to enhance business operations, including:
Advanced Communication Tools: Facilitating prompt responses to service calls and effective lead follow-ups.
AIVoice Solutions: Offering AI-generated voice technology for automated communication, including customer support, sales calls, and other business processes.
Lead Management Systems: Streamlining tracking, conversion, and analysis of leads.
Operational Dashboards: Delivering real-time insights into customer interactions, sales pipelines, and overall performance metrics.
Customizable AI Solutions: Tailored tools to meet the specific operational and strategic needs of your business.
3.2 Service Availability: The Services are provided “as is” and “as available.” The Company does not guarantee uninterrupted or error-free operation.
3.3 Service Limitations: Certain features, functionalities, or performance metrics may vary based on the Subscription Plan selected.
4. SUBSCRIPTION PLANS AND PRICING
4.1 Subscription-Based Services: The Services are offered on a subscription basis, with plans and pricing details available on the Pricing Page.
4.2 Payment Authorization: By selecting a Subscription Plan, you authorize the Company to charge your payment method for all applicable fees, including recurring payments under the plan’s billing cycle.
4.3 Late Payments: Failure to make timely payments may result in suspension or termination of your access to the Services.
4.4 Pricing Adjustments: The Company reserves the right to modify subscription fees at the end of a billing cycle. Any changes will be communicated to you in advance, allowing you to cancel or continue based on the updated pricing.
4.5 Refund Policy: Refunds are issued only in accordance with the Company’s Refund Policy. No refunds are provided for partial billing cycles unless explicitly stated otherwise.
4.6 Upgrade or Downgrade: Clients may upgrade or downgrade their Subscription Plan at any time. Fees for upgrades or downgrades will be calculated on a pro-rata basis for the current billing period.
5. PROHIBITED USES
5.1 Prohibited Activities: You agree that you will not:
Use the Services for any illegal purpose, including but not limited to fraud, money laundering, unauthorized data collection, or privacy violations.
Use AIVoice or other Services in violation of Applicable Laws, including TCPA and FCC regulations.
Engage in deceptive practices, including impersonating others or misrepresenting the origin of communications.
5.2 Prohibited Actions Related to Intellectual Property:
You agree that you will not, under any circumstances:
Reverse Engineer: Attempt to reverse engineer, decompile, disassemble, or otherwise access the source code or structure of the Services.
Modify or Create Derivative Works: Modify, copy, or create derivative works based on the Company’s software or solutions without prior written consent.
Develop Competing Solutions: Use the Services, Source Code, or any proprietary information of the Company to develop, train, or assist in the development of any competing product, service, or solution.
Extract Data or Code: Extract, scrape, or copy any data, algorithms, or code from the Services for unauthorized use.
Access or Manipulate Source Code: Attempt to access, analyze, or manipulate the Source Code for any purpose, whether commercial or non-commercial.
5.3 Enforcement: Any breach of this Section 5 will result in immediate termination of access to the Services and may subject you to legal action, including injunctive relief and damages.
6. CLIENT RESPONSIBILITIES
6.1 Data Accuracy: You are solely responsible for ensuring that all data provided to the Company is accurate, lawful, and complete.
6.2 Legal Compliance: You must use the Services, including AIVoice, in full compliance with all federal, state, and local laws, including but not limited to:
TCPA requirements for robocalls and AI-generated voices.
FCC disclosure mandates.
Privacy and data protection regulations such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
6.3 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and its officers from any claims, damages, or liabilities arising from:
Your misuse of the Services, including AIVoice.
Non-compliance with Applicable Laws.
Failure to obtain required consents from recipients.
7. INTELLECTUAL PROPERTY
7.1 Ownership: All intellectual property rights, including but not limited to software, designs, algorithms, trademarks, and Source Code, remain the exclusive property of the Company.
7.2 License: You are granted a limited, non-exclusive, non-transferable license to use the Services, including AIVoice, solely as authorized under this Agreement.
7.3 Prohibited Use: The Client agrees not to:
Reverse-engineer, decompile, disassemble, or access the Source Code of the Company’s software or solutions.
Use the Company’s proprietary technology to build or train any product, software, or AI model that competes with the Services.
Sell, sublicense, or transfer the Services, software, or proprietary technology to any third party without prior written consent.
8. DATA PRIVACY AND SECURITY
8.1 Privacy Policy: All data collected, processed, and stored by the Company is governed by our Privacy Policy.
8.2 Security: While the Company employs industry-standard security measures, it does not guarantee absolute protection against unauthorized access or breaches.
8.3 Client’s Data Obligations: You are responsible for ensuring that any data provided complies with all Applicable Laws, including securing consent from data subjects where required.
9. LIMITATION OF LIABILITY
9.1 No Warranty: The Services, including AIVoice, are provided "as is" without any express or implied warranties.
9.2 Liability Cap: The Company’s liability for damages arising out of this Agreement shall not exceed the total fees paid by the Client in the six (6) months preceding the claim.
9.3 Exclusions: The Company shall not be liable for indirect, incidental, or consequential damages, including loss of profits or business interruptions.
10. TERMINATION
10.1 Termination by the Company: The Company may suspend or terminate your access to the Services for violations of this Agreement or non-payment of fees.
10.2 Termination by the Client: You may terminate your subscription by providing written notice as specified in the Cancellation Policy.
10.3 Post-Termination Obligations: Upon termination, you must immediately cease using the Services and delete all proprietary materials provided by the Company.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law: This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.
11.2 Dispute Resolution: Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA), conducted in English, with arbitration proceedings held in Delaware.
12. MODIFICATION OF TERMS
The Company reserves the right to modify these Terms at any time. Changes will become effective upon posting to the Website. Continued use of the Services constitutes acceptance of the revised Terms.
13. CONTACT INFORMATION
For inquiries or concerns, please contact us at:
Sales: sales@trata.ai
Support: support@trata.ai
Mailing Address: 8th The Green, Ste A, DE 19901, USA
TERMS AND CONDITIONS
Effective Date: Jan 1st, 2025
Last Updated: Jan 1st, 2025
Welcome to Trata AI USA Corp. These Terms and Conditions (“Agreement”) set forth the legally binding terms governing your access to and use of our website located at https://www.trata.ai/ (the “Website”) and the services we provide, including advanced communication tools, AIVoice solutions, lead management systems, dashboards, and other customizable solutions (the “Services”).
By accessing or using our Website or Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, you must immediately discontinue use of the Website and Services.
1. DEFINITIONS
1.1 “Company,” “We,” “Our,” or “Us” refers to Trata AI USA Corp, including its affiliates, successors, and assigns.
1.2 “Services” refers to all solutions offered by the Company, including but not limited to subscription-based and customizable products such as advanced communication tools, AIVoice solutions, lead management systems, operational dashboards, and AI-powered solutions.
1.3 “AIVoice” refers to the Company’s AI-generated voice technology designed to facilitate automated and enhanced communication.
1.4 “Client,” “You,” or “User” refers to any individual, company, or legal entity accessing or using the Website or Services, whether as a registered user or otherwise.
1.5 “Subscription Plan” refers to the specific service package selected by the Client as detailed on our Pricing Page.
1.6 “Applicable Laws” refers to all federal, state, and local laws, regulations, and rules, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and related privacy and consumer protection laws.
1.7 “Source Code” refers to the underlying code, structure, and algorithms that comprise the software or solutions provided by the Company.
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Website or Services, you represent and warrant that:
You are at least 18/21 years of age or the age of majority in your jurisdiction.
You have the legal authority to enter into this Agreement on behalf of yourself or the entity you represent.
Your use of the Website and Services complies with all Applicable Laws.
2.2 If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these terms.
3. DESCRIPTION OF SERVICES
3.1 Purpose and Use Cases: The Company provides Services designed to enhance business operations, including:
Advanced Communication Tools: Facilitating prompt responses to service calls and effective lead follow-ups.
AIVoice Solutions: Offering AI-generated voice technology for automated communication, including customer support, sales calls, and other business processes.
Lead Management Systems: Streamlining tracking, conversion, and analysis of leads.
Operational Dashboards: Delivering real-time insights into customer interactions, sales pipelines, and overall performance metrics.
Customizable AI Solutions: Tailored tools to meet the specific operational and strategic needs of your business.
3.2 Service Availability: The Services are provided “as is” and “as available.” The Company does not guarantee uninterrupted or error-free operation.
3.3 Service Limitations: Certain features, functionalities, or performance metrics may vary based on the Subscription Plan selected.
4. SUBSCRIPTION PLANS AND PRICING
4.1 Subscription-Based Services: The Services are offered on a subscription basis, with plans and pricing details available on the Pricing Page.
4.2 Payment Authorization: By selecting a Subscription Plan, you authorize the Company to charge your payment method for all applicable fees, including recurring payments under the plan’s billing cycle.
4.3 Late Payments: Failure to make timely payments may result in suspension or termination of your access to the Services.
4.4 Pricing Adjustments: The Company reserves the right to modify subscription fees at the end of a billing cycle. Any changes will be communicated to you in advance, allowing you to cancel or continue based on the updated pricing.
4.5 Refund Policy: Refunds are issued only in accordance with the Company’s Refund Policy. No refunds are provided for partial billing cycles unless explicitly stated otherwise.
4.6 Upgrade or Downgrade: Clients may upgrade or downgrade their Subscription Plan at any time. Fees for upgrades or downgrades will be calculated on a pro-rata basis for the current billing period.
5. PROHIBITED USES
5.1 Prohibited Activities: You agree that you will not:
Use the Services for any illegal purpose, including but not limited to fraud, money laundering, unauthorized data collection, or privacy violations.
Use AIVoice or other Services in violation of Applicable Laws, including TCPA and FCC regulations.
Engage in deceptive practices, including impersonating others or misrepresenting the origin of communications.
5.2 Prohibited Actions Related to Intellectual Property:
You agree that you will not, under any circumstances:
Reverse Engineer: Attempt to reverse engineer, decompile, disassemble, or otherwise access the source code or structure of the Services.
Modify or Create Derivative Works: Modify, copy, or create derivative works based on the Company’s software or solutions without prior written consent.
Develop Competing Solutions: Use the Services, Source Code, or any proprietary information of the Company to develop, train, or assist in the development of any competing product, service, or solution.
Extract Data or Code: Extract, scrape, or copy any data, algorithms, or code from the Services for unauthorized use.
Access or Manipulate Source Code: Attempt to access, analyze, or manipulate the Source Code for any purpose, whether commercial or non-commercial.
5.3 Enforcement: Any breach of this Section 5 will result in immediate termination of access to the Services and may subject you to legal action, including injunctive relief and damages.
6. CLIENT RESPONSIBILITIES
6.1 Data Accuracy: You are solely responsible for ensuring that all data provided to the Company is accurate, lawful, and complete.
6.2 Legal Compliance: You must use the Services, including AIVoice, in full compliance with all federal, state, and local laws, including but not limited to:
TCPA requirements for robocalls and AI-generated voices.
FCC disclosure mandates.
Privacy and data protection regulations such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
6.3 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and its officers from any claims, damages, or liabilities arising from:
Your misuse of the Services, including AIVoice.
Non-compliance with Applicable Laws.
Failure to obtain required consents from recipients.
7. INTELLECTUAL PROPERTY
7.1 Ownership: All intellectual property rights, including but not limited to software, designs, algorithms, trademarks, and Source Code, remain the exclusive property of the Company.
7.2 License: You are granted a limited, non-exclusive, non-transferable license to use the Services, including AIVoice, solely as authorized under this Agreement.
7.3 Prohibited Use: The Client agrees not to:
Reverse-engineer, decompile, disassemble, or access the Source Code of the Company’s software or solutions.
Use the Company’s proprietary technology to build or train any product, software, or AI model that competes with the Services.
Sell, sublicense, or transfer the Services, software, or proprietary technology to any third party without prior written consent.
8. DATA PRIVACY AND SECURITY
8.1 Privacy Policy: All data collected, processed, and stored by the Company is governed by our Privacy Policy.
8.2 Security: While the Company employs industry-standard security measures, it does not guarantee absolute protection against unauthorized access or breaches.
8.3 Client’s Data Obligations: You are responsible for ensuring that any data provided complies with all Applicable Laws, including securing consent from data subjects where required.
9. LIMITATION OF LIABILITY
9.1 No Warranty: The Services, including AIVoice, are provided "as is" without any express or implied warranties.
9.2 Liability Cap: The Company’s liability for damages arising out of this Agreement shall not exceed the total fees paid by the Client in the six (6) months preceding the claim.
9.3 Exclusions: The Company shall not be liable for indirect, incidental, or consequential damages, including loss of profits or business interruptions.
10. TERMINATION
10.1 Termination by the Company: The Company may suspend or terminate your access to the Services for violations of this Agreement or non-payment of fees.
10.2 Termination by the Client: You may terminate your subscription by providing written notice as specified in the Cancellation Policy.
10.3 Post-Termination Obligations: Upon termination, you must immediately cease using the Services and delete all proprietary materials provided by the Company.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law: This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.
11.2 Dispute Resolution: Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA), conducted in English, with arbitration proceedings held in Delaware.
12. MODIFICATION OF TERMS
The Company reserves the right to modify these Terms at any time. Changes will become effective upon posting to the Website. Continued use of the Services constitutes acceptance of the revised Terms.
13. CONTACT INFORMATION
For inquiries or concerns, please contact us at:
Sales: sales@trata.ai
Support: support@trata.ai
Mailing Address: 8th The Green, Ste A, DE 19901, USA
Whitelabel Terms & Conditions
Whitelabel Terms & Conditions
Effective Date: Jan 1st, 2025
Last Updated: Jan 1st, 2025
This White Labeling Terms and Conditions Agreement (“Agreement”) is entered into by and between Trata AI USA Corp (the “Company”) and the authorized vendor (the “Vendor,” “You,” or “Your”), and governs the provision of white-labeled services (“Services”) for rebranding and resale by the Vendor. By accessing or utilizing the Services, You agree to be bound by this Agreement. If You do not agree, You must immediately discontinue use of the Services.
1. DEFINITIONS
1.1 “Company,” “We,” “Our,” or “Us” refers to Trata AI USA Corp, including its affiliates, successors, and assigns.
1.2 “Services” refers to all solutions provided by the Company, including AIVoice communication tools, lead management systems, dashboards, AI-powered solutions, and associated software or technology, offered under a white-label licensing model.
1.3 “Vendor” or “You” refers to the individual, company, or legal entity authorized to rebrand, customize, and resell the Services under its own name.
1.4 “White Labeling” refers to the process whereby the Vendor rebrands and markets the Services under its own branding, trademarks, or trade name.
1.5 “Confidential Information” refers to all non-public, proprietary, or sensitive information provided by the Company to the Vendor in connection with the Services.
1.6 “Direct Customers” refers to any current or potential customers of the Company that are directly engaged with the Company or its affiliates for Services.
1.7 “Applicable Laws” refers to all federal, state, and local laws, regulations, and rules, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and related privacy and consumer protection laws.
1.8 “AIVoice” refers to the Company’s AI-generated voice technology designed for automated and enhanced communication, including customer service, sales calls, and other business processes.
2. GRANT OF LICENSE AND WHITE-LABEL RIGHTS
2.1 License Grant: Subject to compliance with this Agreement, the Company grants the Vendor a non-exclusive, non-transferable, non-sublicensable, and revocable license to use, rebrand, and market the Services for resale under the Vendor’s brand name.
2.2 Scope of License: The license permits the Vendor to:
Rebrand and market the Services, including AIVoice, under its own brand name.
Resell the Services to third parties (“End Users”) as part of the Vendor’s offerings.
2.3 Ownership and Reservation of Rights:
The Company retains all rights, title, and interest in and to the Services, including any associated intellectual property, trademarks, patents, trade secrets, and software.
No rights or licenses are granted to the Vendor except those expressly outlined in this Agreement.
2.4 Restrictions: The Vendor shall not:
Reverse-engineer, decompile, or disassemble the Services.
Modify, create derivative works from, or use the Services for purposes not explicitly authorized by this Agreement.
Use the Services to create competing products.
3. VENDOR RESPONSIBILITIES AND RESTRICTED USE
3.1 Compliance: The Vendor is solely responsible for ensuring that its use, marketing, and resale of the Services comply with all Applicable Laws, regulations, and industry standards.
3.2 Prohibited Use Cases: The Vendor agrees NOT to use or permit the use of the Services for:
Illegal Activities: Including fraud, unauthorized data collection, and money laundering.
Harmful or Violent Activities: Such as terrorism, hate speech, harassment, or activities that threaten public safety.
Privacy Violations: Collecting or sharing personal data in violation of data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
Spam or Deceptive Marketing: Sending unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA) or similar laws.
Misuse of AIVoice Outputs: Generating content for unethical, harmful, discriminatory, or unlawful purposes.
3.3 Compliance with FCC and TCPA Regulations:
Robocalls: As of February 2024, the FCC classified calls featuring AI-generated voices, including AIVoice, as “artificial” under the TCPA. The Vendor must ensure that AIVoice is not used in robocalls without prior express consent from the recipient.
Disclosure Requirements: As of August 2024, the FCC requires that all calls and text messages using AI-generated voices explicitly disclose the use of AI. Vendors must ensure compliance with these regulations in all End User communications.
3.4 Obligation to Obtain Consents:
The Vendor and its End Users are responsible for obtaining all necessary consents from recipients before using the Services, including AIVoice, in any communications. This includes consent under TCPA, FCC rules, and any other applicable state or federal laws.
3.5 Non-Solicitation of Employees: The Vendor agrees that during the term of this Agreement and for a period of two (2) years following its termination, the Vendor shall not directly or indirectly solicit for employment or hire any employee, contractor, or consultant of the Company without prior written consent.
3.6 Non-Solicitation of Direct Customers: The Vendor shall not:
Solicit or attempt to solicit any Direct Customers of the Company for purposes of providing competing services.
Market or sell the Services directly to Direct Customers of the Company without prior written approval.
3.7 Indemnification: The Vendor agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or liabilities arising from:
The Vendor’s misuse or unauthorized use of the Services.
Non-compliance with Applicable Laws by the Vendor or its End Users.
3.8 End-User Terms: The Vendor must ensure that all End Users enter into binding terms and conditions that:
Prohibit unauthorized use or reverse engineering of the Services.
Limit liability for damages arising from misuse of the Services.
4. INTELLECTUAL PROPERTY PROTECTION
4.1 Ownership: All intellectual property rights in the Services, including but not limited to software, algorithms, designs, trademarks, and trade secrets, are owned exclusively by the Company.
4.2 Protection of Proprietary Information:
The Vendor agrees to maintain the confidentiality of all proprietary information, including technical specifications, software architecture, pricing, and business methodologies.
The Vendor shall not disclose such information to any third party without prior written consent from the Company.
4.3 Non-Compete: The Vendor agrees not to:
Develop or assist in developing any product or service that competes with the Services.
Solicit the Company’s clients, partners, or employees for any competing business.
4.4 Injunctive Relief: Any breach of this Section will entitle the Company to seek immediate injunctive relief, in addition to all other remedies available under law.
5. PAYMENTS AND FEES
5.1 Fees and Payment Terms:
Fees for the Services are specified in the applicable pricing agreement or invoice.
Payments must be made in full and on time as per the agreed billing cycle.
5.2 Late Payments: Late payments may result in suspension or termination of access to the Services.
5.3 Refunds: All fees paid are non-refundable unless explicitly agreed otherwise in writing.
6. WARRANTIES AND DISCLAIMERS
6.1 Disclaimer of Warranties: The Services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 Limitation of Liability:
The Company’s total liability for any claims arising out of this Agreement shall not exceed the total fees paid by the Vendor in the six (6) months preceding the claim.
The Company shall not be liable for indirect, incidental, or consequential damages, including lost profits or business opportunities.
7. TERM AND TERMINATION
7.1 Term: This Agreement remains in effect unless terminated as outlined herein.
7.2 Termination by the Company: The Company may terminate this Agreement immediately if:
The Vendor breaches any material term of this Agreement.
The Vendor fails to pay fees when due.
7.3 Termination by the Vendor: The Vendor may terminate this Agreement by providing thirty (30) days’ written notice to the Company.
7.4 Post-Termination Obligations: Upon termination:
The Vendor must immediately cease using the Services and remove all branding associated with the Services.
Any outstanding fees owed by the Vendor to the Company must be paid in full.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Governing Law: This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
8.2 Dispute Resolution: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). The arbitration shall be conducted in Delaware and in English.
9. MODIFICATIONS
The Company reserves the right to update or modify this Agreement at any time. Changes will take effect upon written notice to the Vendor or posting on the Company’s Website.
10. CONTACT INFORMATION
For any questions or concerns, please contact us at:
Sales: sales@trata.ai
Support: support@trata.ai
Mailing Address: 8th The Green, Ste A, DE 19901, USA
Effective Date: Jan 1st, 2025
Last Updated: Jan 1st, 2025
This White Labeling Terms and Conditions Agreement (“Agreement”) is entered into by and between Trata AI USA Corp (the “Company”) and the authorized vendor (the “Vendor,” “You,” or “Your”), and governs the provision of white-labeled services (“Services”) for rebranding and resale by the Vendor. By accessing or utilizing the Services, You agree to be bound by this Agreement. If You do not agree, You must immediately discontinue use of the Services.
1. DEFINITIONS
1.1 “Company,” “We,” “Our,” or “Us” refers to Trata AI USA Corp, including its affiliates, successors, and assigns.
1.2 “Services” refers to all solutions provided by the Company, including AIVoice communication tools, lead management systems, dashboards, AI-powered solutions, and associated software or technology, offered under a white-label licensing model.
1.3 “Vendor” or “You” refers to the individual, company, or legal entity authorized to rebrand, customize, and resell the Services under its own name.
1.4 “White Labeling” refers to the process whereby the Vendor rebrands and markets the Services under its own branding, trademarks, or trade name.
1.5 “Confidential Information” refers to all non-public, proprietary, or sensitive information provided by the Company to the Vendor in connection with the Services.
1.6 “Direct Customers” refers to any current or potential customers of the Company that are directly engaged with the Company or its affiliates for Services.
1.7 “Applicable Laws” refers to all federal, state, and local laws, regulations, and rules, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and related privacy and consumer protection laws.
1.8 “AIVoice” refers to the Company’s AI-generated voice technology designed for automated and enhanced communication, including customer service, sales calls, and other business processes.
2. GRANT OF LICENSE AND WHITE-LABEL RIGHTS
2.1 License Grant: Subject to compliance with this Agreement, the Company grants the Vendor a non-exclusive, non-transferable, non-sublicensable, and revocable license to use, rebrand, and market the Services for resale under the Vendor’s brand name.
2.2 Scope of License: The license permits the Vendor to:
Rebrand and market the Services, including AIVoice, under its own brand name.
Resell the Services to third parties (“End Users”) as part of the Vendor’s offerings.
2.3 Ownership and Reservation of Rights:
The Company retains all rights, title, and interest in and to the Services, including any associated intellectual property, trademarks, patents, trade secrets, and software.
No rights or licenses are granted to the Vendor except those expressly outlined in this Agreement.
2.4 Restrictions: The Vendor shall not:
Reverse-engineer, decompile, or disassemble the Services.
Modify, create derivative works from, or use the Services for purposes not explicitly authorized by this Agreement.
Use the Services to create competing products.
3. VENDOR RESPONSIBILITIES AND RESTRICTED USE
3.1 Compliance: The Vendor is solely responsible for ensuring that its use, marketing, and resale of the Services comply with all Applicable Laws, regulations, and industry standards.
3.2 Prohibited Use Cases: The Vendor agrees NOT to use or permit the use of the Services for:
Illegal Activities: Including fraud, unauthorized data collection, and money laundering.
Harmful or Violent Activities: Such as terrorism, hate speech, harassment, or activities that threaten public safety.
Privacy Violations: Collecting or sharing personal data in violation of data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
Spam or Deceptive Marketing: Sending unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA) or similar laws.
Misuse of AIVoice Outputs: Generating content for unethical, harmful, discriminatory, or unlawful purposes.
3.3 Compliance with FCC and TCPA Regulations:
Robocalls: As of February 2024, the FCC classified calls featuring AI-generated voices, including AIVoice, as “artificial” under the TCPA. The Vendor must ensure that AIVoice is not used in robocalls without prior express consent from the recipient.
Disclosure Requirements: As of August 2024, the FCC requires that all calls and text messages using AI-generated voices explicitly disclose the use of AI. Vendors must ensure compliance with these regulations in all End User communications.
3.4 Obligation to Obtain Consents:
The Vendor and its End Users are responsible for obtaining all necessary consents from recipients before using the Services, including AIVoice, in any communications. This includes consent under TCPA, FCC rules, and any other applicable state or federal laws.
3.5 Non-Solicitation of Employees: The Vendor agrees that during the term of this Agreement and for a period of two (2) years following its termination, the Vendor shall not directly or indirectly solicit for employment or hire any employee, contractor, or consultant of the Company without prior written consent.
3.6 Non-Solicitation of Direct Customers: The Vendor shall not:
Solicit or attempt to solicit any Direct Customers of the Company for purposes of providing competing services.
Market or sell the Services directly to Direct Customers of the Company without prior written approval.
3.7 Indemnification: The Vendor agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or liabilities arising from:
The Vendor’s misuse or unauthorized use of the Services.
Non-compliance with Applicable Laws by the Vendor or its End Users.
3.8 End-User Terms: The Vendor must ensure that all End Users enter into binding terms and conditions that:
Prohibit unauthorized use or reverse engineering of the Services.
Limit liability for damages arising from misuse of the Services.
4. INTELLECTUAL PROPERTY PROTECTION
4.1 Ownership: All intellectual property rights in the Services, including but not limited to software, algorithms, designs, trademarks, and trade secrets, are owned exclusively by the Company.
4.2 Protection of Proprietary Information:
The Vendor agrees to maintain the confidentiality of all proprietary information, including technical specifications, software architecture, pricing, and business methodologies.
The Vendor shall not disclose such information to any third party without prior written consent from the Company.
4.3 Non-Compete: The Vendor agrees not to:
Develop or assist in developing any product or service that competes with the Services.
Solicit the Company’s clients, partners, or employees for any competing business.
4.4 Injunctive Relief: Any breach of this Section will entitle the Company to seek immediate injunctive relief, in addition to all other remedies available under law.
5. PAYMENTS AND FEES
5.1 Fees and Payment Terms:
Fees for the Services are specified in the applicable pricing agreement or invoice.
Payments must be made in full and on time as per the agreed billing cycle.
5.2 Late Payments: Late payments may result in suspension or termination of access to the Services.
5.3 Refunds: All fees paid are non-refundable unless explicitly agreed otherwise in writing.
6. WARRANTIES AND DISCLAIMERS
6.1 Disclaimer of Warranties: The Services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 Limitation of Liability:
The Company’s total liability for any claims arising out of this Agreement shall not exceed the total fees paid by the Vendor in the six (6) months preceding the claim.
The Company shall not be liable for indirect, incidental, or consequential damages, including lost profits or business opportunities.
7. TERM AND TERMINATION
7.1 Term: This Agreement remains in effect unless terminated as outlined herein.
7.2 Termination by the Company: The Company may terminate this Agreement immediately if:
The Vendor breaches any material term of this Agreement.
The Vendor fails to pay fees when due.
7.3 Termination by the Vendor: The Vendor may terminate this Agreement by providing thirty (30) days’ written notice to the Company.
7.4 Post-Termination Obligations: Upon termination:
The Vendor must immediately cease using the Services and remove all branding associated with the Services.
Any outstanding fees owed by the Vendor to the Company must be paid in full.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Governing Law: This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
8.2 Dispute Resolution: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). The arbitration shall be conducted in Delaware and in English.
9. MODIFICATIONS
The Company reserves the right to update or modify this Agreement at any time. Changes will take effect upon written notice to the Vendor or posting on the Company’s Website.
10. CONTACT INFORMATION
For any questions or concerns, please contact us at:
Sales: sales@trata.ai
Support: support@trata.ai
Mailing Address: 8th The Green, Ste A, DE 19901, USA
Ready to transform your business with AI communication agent?
Everything revolves around customers, why risk losing them? Proactively eliminate the wait and keep them delighted.
© 2023 All Right Reserved by Trata.ai
Ready to transform your business with AI communication agent?
Everything revolves around customers, why risk losing them? Proactively eliminate the wait and keep them delighted.
© 2023 All Right Reserved by Trata.ai
Ready to transform your business with AI communication agent?
Everything revolves around customers, why risk losing them? Proactively eliminate the wait and keep them delighted.
© 2023 All Right Reserved by Trata.ai
Ready to transform your business with AI communication agent?
Everything revolves around customers, why risk losing them? Proactively eliminate the wait and keep them delighted.
© 2023 All Right Reserved by Trata.ai