Effective as of April 1, 2020, Alloka, LLC. ("Alloka," "we," or "us"), has updated Terms of Service
These Terms of Service ("Terms") are a legal contract between Alloka and You and govern Your use of all the text, data, software, graphics and more ("Materials") that We and Our affiliates may make available to You, as well as any services ("Services") We may provide through any of Our websites (all of which are referred to in these Terms as "Website").
By registering and/or using the Alloka Service, you agree to these Terms of Service (the "Terms"), our Privacy Policy (help.alloka.com/privacy). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING THE ALLOKA SERVICE.
You agree that we and the service providers that assist us in providing the Service to you shall have the right to access your account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your support requests.
These Terms of Service may be changed, modified, supplemented or updated by us from time to time. You are encouraged to review the Site and these Terms of Service periodically for updates and changes.
2. Description of Services: Alloka has developed a software used by marketing, product and sales teams. The Alloka Service used for understanding how visitors convert into callers, e-mail messages to email published at website, and web-forms filled at website.
Alloka Service is accessible through browser interface and the Alloka mobile application.
Service is represented by the web site
www.alloka.com and the web applications located at analytics.alloka.com and app.alloka.com, mobile application, and all white label accounts.
Alloka Service requires the Subscriber to install certain Alloka Code («Code») on the Subscriber's website.
To provide Service we use Phone Numbers, Code, and an Application Programming Interface (API). Our Code is the set of code developed by Alloka that need to be copied and pasted into a web page that tracks the conversion of web site visitors into phone calls. The Alloka Code can allocate specific Phone Numbers to each individual visitor. This allows to capture digital information like page visits, geo location, browsing history as well as call information such as the CallerID of the caller, time and duration of the call.
The Analytics can be available in separate Login Accounts. A Customer can also select to make Analytics available to its Users in the Customer's own dashboard and interface by using the Alloka API. Service Users can automatically forward Customer Data to third party applications using Integrations.
In providing the Service, we collect Customer Data and make it available as information and insights that does not contain personal data referable to any individual ("
Analytics"). The responsibilities relating to processing of personal data are set out in the "
Privacy Policy".
Examples of Analytics that Alloka can extract from the Customer Data:
- Website visitors converting into phone calls and text messages
- the ad source of the visitor who called or texted to the site
- Visitor device
- Browser type and OS version
- Call duration
- Call destination
- Geo location
- Call page
- Third party cookies associated with the visitor, used for sending Customer Data to third party tools used by the Customer.
3. Fees and Payments By selecting a paid Service, you agree to pay us current monthly or annual, or specified period subscription fees indicated for that Service. Fees will be charged on the day you approve payment for a Service and will cover the use of that Service for a monthly or other period as indicated, and fees paid are non-refundable. You agree to allow us, or our payment affiliates or service providers, to process and/or store your payment card information. If you dispute any portion of the fees paid or payable by you pursuant to these Terms you must provide written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.
We provide the Services according to the plan you select when you purchase the Service. You can select a plan that offers one or many Services. The terms associated with these plans can be found at alloka.com/plans
4. Limited License We hereby grant you a limited, non-exclusive and revocable license to access and use the Service, subject to the terms set forth in this Agreement. We (or the third respective third party owners) retain all right, title, and interest in the Service, all features and services offered through the Service, including but not limited to any and all copyrights, trademark and service mark right and all other intellectual property rights in the Service.
The Service (including but not limited to all Content appearing on the Site) is the copyrighted work of Alloka or its third-party content suppliers.
5. Ownership of Information Submitted via the Service You own your Service Data. You hereby grant to Alloka a non-exclusive, perpetual, irrevocable right and license to use, copy, transmit, modify and display Service Data provided. Data is collected in aggregated and anonymized form; and only used for internal business services and for improving the Services.
6. Restrictions and Requirements Acceptable Use Policy By using the Service, you agree to this Acceptable Use Policy. You accept that the Services are provided for professional use only.
Alloka expressly disclaims any liability for your Misuse of the Services. We may in our sole discretion determine whether you have Misused the Service. Alloka reserves the right to take whatever lawful actions in response to violations of these Terms of Service, including the immediate suspension of your use of the Service. Alloka may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Alloka reserves the right at all times to disclose any information as Alloka deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
7. Right to Monitor Alloka does not actively monitor general use of this Service under normal circumstances. However, Alloka does reserve the right to monitor such use at any time.
8. Reservation of Rights Alloka reserves the right in its sole discretion and at any time to deny any account creation request, to terminate your account and subscription to the Service, and to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Service or any subscription to the Service, in whole or in part, including, but not limited to, as Alloka deems necessary for purposes of maintenance, upgrades and the like, to maintain the Service or to comply with applicable law. Alloka shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Service or subscriptions to the Service and shall have no obligation to refund any fees paid pursuant to this Agreement except for fees that are prepaid but unused at the time of termination in the event Alloka terminate this Agreement for convenience.
9. Limited Warranty and Warranty Disclaimer Content and other information contained on this Service has been prepared by Alloka as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Alloka has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Service including but not limited to the Content or other information contained in or linked to the Site or any other service or site maintained or provided by Alloka. Users relying on Content or other information from this Service do so at their own risk. Should you purchase any product or service from Alloka or purchase products or services from a third party, the terms and conditions applicable to that transaction, if different from these Terms of Service, will govern such purchase, as applicable, and your use of this Service does not affect that purchase in any manner.
YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS
10. Limitation of Liability In addition to the above warranty disclaimers, in no event will Alloka be liable for any consequential, exemplary, special, or incidental damages, including (but not limited to) any damages for lost profits, revenue, data, marketing and/or advertising expenditure, or other economic advantage, arising from or relating to your use of or the inability to use the Services.
11. Term and Termination Your Service may include a free trial period which will be indicated when you subscribe to the Service
Termination & Suspension. Either party may terminate these Terms of Service and close your account(s) for any reason upon notice to the other party or by terminating your account or by Us terminating access to your account.
12. Force Majeure Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, including but not limited to utility or transmission failures, power failure, acts of war or terror, pandemics, floods, sabotage, fire, natural or other disasters.
13. Indemnification You agree to indemnify, defend and hold Alloka and its officers, directors, employees, shareholders, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees in connection with your use of the Alloka Service, your agents and Customers' use of the Alloka Service; your violation of these Terms, your agents and Customers' violation of these Terms; your violation of any third-party rights, including any intellectual property rights; or your agents and Customers' violation of any third-party rights, including any intellectual property rights.
14. Electronic Communications When you visit this Site, use the Service or otherwise send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
15. Governing Law; Jurisdiction; Venue; Severability of Provisions All parts of these Terms of Service apply to the maximum extent permitted by law.
Any claim or dispute arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of state courts, and you hereby consent and submit to the personal jurisdiction of such courts.
16. Password Accounts, Passwords, and Security If you have been given the option to open an account through the Service that will provide you with access to password protected portions of the Service and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Alloka of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Alloka will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Alloka or another party due to someone else using your account or password. You may not use anyone else's account at any time.
17. Publicity You agree that Alloka may reference you and your company as a client of Alloka's products and services in Alloka's advertising and marketing.
18. Confidentiality "Confidential Information" means any information or data disclosed by either party that is marked as confidential or that should be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which is publicly available; was properly known to the receiving party; was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party's rights; or is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.
The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms of Service and it will not disclose such Confidential Information to any third party without the disclosing party's prior written consent, except as otherwise permitted hereunder; provided, however, Alloka may use and disclose your Confidential Information as necessary to provide the Services. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors, who have a need to know and are legally bound to keep such information confidential consistent with the terms of this
19. Contact Us If you have any questions about these Terms or otherwise need to contact Alloka for any reason, you can reach us at support@alloka.com.
