The following terms and conditions govern all use of the Fractional Talent website and all content, products and services products available at or through the website (taken together, the “Website”). It also includes the customer support service (including reading and responding to support messages) provided to you and your customers (“the Service”).
The Website is owned and operated by Influx Inc (“Influx”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Influx’s Privacy Policy and procedures that may be published from time to time on this Website by Influx (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Influx, acceptance is expressly limited to these terms.
This agreement also covers use of your Account, created when you sign up to the service.
The Website is available only to individuals who are at least 13 years old.
Payment and Renewal
Payment of Fees for a Purchased Service
By signing up for the Influx service you agree to pay Influx the specified monthly or annual feesin exchange for use of the service (the “Purchased Service”) for the period indicated.
Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. Influx reserves the right to change the payment terms and fees upon seven (7) days prior written notice to you. Access can be canceled by you at anytime on written notice to Influx.
Applicable fees will be clearly displayed to you on the payment page and/or clearly communicated via email.
Automatic Renewal
Unless you notify Influx before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Automatic Plan Selection
Automatic Plan Selection means you allow Influx to move you to a subscription plan (and associated fee) that is appropriate to your usage of the Service in the previous month.
Automatic Plan Selection is optional.
Manual Plan Selection
If you decide not to use Automated Plan Selection and Influx sends more responses than that of your plan you must top up your account.
If the the top up payment is not received within 3 days your service will paused until the start of your next billing period.
Cancellation
The Service can be canceled at any time by contacting Influx via the Website or email.
Use of your Account and the Service
Our Responsibilities
We shall:
- provide basic support for the Purchased Service to You, and
- use commercially reasonable efforts to make the Purchased Service available, except for:
- planned downtime, or
- any unavailability caused by circumstances beyond Influx’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labour strikes, Internet service provider failures or delays, or denial of service attacks
- provide the Purchased Service only in accordance with applicable laws and government regulations.
Our Protection of Your Data
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
We shall not disclose Your Data except as compelled by law in accordance or as expressly permitted in writing by You.
Your Responsibilities (things you must do)
You shall:
- Be responsible for compliance with this Agreement.
- Use commercially reasonable efforts to prevent unauthorized access to or use of your Account, and notify us promptly of any such unauthorized access or use.
- In the event Influx provides outbound calling services on your behalf, obtain and maintain explicit consent from your customers for direct and third-party communications, and provide proof upon request.
- Be fully responsible for all activities that occur under the account.
- Use the Website in strict accordance with the Influx Privacy Policy.
- Use the Services only in accordance with applicable laws and government regulations.
Your Responsibilities (things you must not do)
You shall not:
- make the Services available to anyone other than yourself,
- sell, resell, rent or lease the Services,
- use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party copyright, trademark, privacy or other proprietary rights,
- use the Services to store or transmit viruses, worms, trojan horses, and other harmful or destructive content (“Malicious Code”),
- interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or
- attempt to gain unauthorized access to the Services or related systems or networks.
- during the term of this Agreement and for a period of 12 months after it ends, the client (including its subsidiaries or associates) shall not induce, hire or solicit any agents, contractors or employees of Influx to leave Influx for employment with the client (including its subsidiaries or associates) or engagement of services as consultants for the client (including its subsidiaries or associates).
Usage Limitations
Services may be subject to other limitations, such as, for example, limits on the number of support messages read or responded to in any given period or the timeliness of such responses. Any such limitations are specified in your Account (on the Website) or clearly communicated to you via email.
Communications from us
The Service may include certain communications from Influx, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. You have the option of opting out from receiving optional communications such as newsletters. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Responsibility of Website Visitors and users of the Service
In operating the Website and the Service, Influx may receive and pass along to you content (“the material”) that contains links to third party web sites, is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The material may also contain computer software, including viruses and other harmful material.
Influx has not reviewed, and cannot review, all of the material that is the subject of our service.
By operating the Website and the Service, Influx does not represent or imply that it endorses the material received or passed along to you, or that it believes such material to be accurate, useful or non-harmful.
You (and your users) are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content,
The Website and Service may also handle material that violates the privacy or publicity rights, or infringes the copyright, trademark and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Influx disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the Service.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account may be deleted. We will provide you prior notice of such termination in advance by email.
Copyright, Trademark and other Proprietary rights
This Agreement does not transfer from Influx to you any Influx or third party copyright or trademark rights, and all rights, title and interest in and to such property will remain (as between the parties) solely with Influx.Influx, Influx, the Influx logo, and all other trademarks, service marks, graphics and logos used in connection with Influx or the Website are trademarks or registered trademarks of Influx or Influx’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Influx or third-party trademarks.
Changes
Influx reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Influx may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Influx may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your Influx account, you must cancel the service by emailing Influx.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website and Service are provided “as is”. Influx and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Influx nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you obtain services through the Website at your own discretion and risk.
Limitation of Liability
In no event will Influx, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Influx under this agreement during the three (3) month period prior to the cause of action.
Indemnification
You agree to indemnify and hold harmless Influx, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Influx and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Influx,or by the posting by Influx of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall been titled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof,in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by,its terms and conditions; Influx may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Change log
2013-12-01 Version 1, initial version
2015-08-05 Version 2, Add 2.4 – Manual Plan Selection
2017-01-05 Version 3, Add 3.4.7 – Non-solicitation
2023-07-18 Version 4, Non-solicitation _2023-10-26 Version 5, Modify Limitation of Liability _2024-06-14 Version 6, Explicit consent for outbound calling services
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