Service Specific Terms
In addition to Ada’s Customer Terms of Service, or other agreement, (in each case the “Agreement”) entered into between Ada Support Inc. or its affiliates (collectively “Ada Support”) and Customer, if Customer utilizes any Services listed below, Customer’s use of the Services is subject to Customer’s compliance with these Service Specific Terms, to the extent applicable.
Any capitalized terms used below that are not defined in these Service Specific Terms shall have the meanings set forth in the Agreement.
1. VOICE SERVICES
1.1 “Voice Conversation” means a call connected to Ada’s Voice Services and an End User of Customer, which begins when the call is connected and ends when it is disconnected for any reason, including but not limited to caller or Bot hanging up or disconnection due to loss of network connection.
1.2. Fair Use. Customer agrees that use of the Voice Services is subject to (a) each Voice Conversation having an average call length of seven minutes; (b) each Bot processing up to 100 concurrent Voice Conversations; and (c) as well as any other call volume, call length, or other limits that may be set out in the Order Form between Customer and Ada Support (collectively, “Fair Use Limits”). If Customer exceeds any Fair Use Limits, Ada Support reserves the right to charge Customer for any overages and/or suspend the Voice Services.
1.3 Voice Requirements. Customer acknowledges and agrees that it must have a valid subscription, in good standing, with Twilio, Ada Support’s third-party primary voice services provider (“Third-Party Voice Provider”), and pay for all fees associated with Customer’s use of the Third-Party Voice Provider’s services, which may include (a) Twilio Programmable Voice for managing, making, receiving, and recording phone calls; and (b) Twilio Programmable Messaging for sending and receiving SMS messages. Customer agrees to comply with all of the Third-Party Voice Provider’s applicable terms and policies, which may include Twilio’s Voice Services Policy. For greater certainty, Ada Support shall have no liability to Customer for Customer’s inability to use the Voice Services if Customer’s account with a Third-Party Voice Provider is suspended or terminated.
1.4 Call Recordings. Calls processed through the Voice Services are recorded and stored by the Third-Party Voice Provider and then deleted in accordance with such Third-Party Voice Provider’s data retention policies. Customer will have access to call recordings within the Ada Voice Services dashboard for at least 90 days, and transcripts of such recordings are made available in the dashboard for Customer’s view and access. Ada’s Data API can be used to export transcripts and not original call recordings.
1.5 Customer Responsibilities. Customer shall be responsible for (a) ensuring Customer provides adequate notice and/or obtains consent from end users who use the Voice Services to collect caller information and record calls, in accordance with all applicable laws; (b) complying with all applicable laws, including but not limited to privacy laws, anti-spam laws, telemarketing laws, as well as applicable industry standards, such as guidance for short code campaigns.
2. THIRD-PARTY PRODUCTS
2.1 Sunshine Conversations. If Customer purchases Sunshine Conversations from Ada Support, Customer agrees to be bound by all of Zendesk’s terms and policies applicable to Sunshine Conversations, which may include Zendesk’s Master Subscription Agreement and any applicable Supplemental Terms.
2.2 Idiomatic. If Customer purchases Insights-as-a-Service from Ada Support, Customer agrees to share its relevant data directly with Idiomatic, Inc. and agrees to be bound by all of Idiomatic’s applicable terms and policies, which may include the Terms of Service.
3. BETA SERVICES
3.1 Definition. Ada Support may, at its sole discretion, make features, products, or services available to Customer on a trial, beta test, early adoption, pre-release or other experimental basis (collectively, “Beta Services”).
3.2 No Support. Unless otherwise agreed to by Ada Support, Ada Support is not obligated to provide Customer with any maintenance, technical or other support for the Beta Services. If, at Ada Support’s option, such support is provided, Customer agrees to abide by any support rules and policies that Ada Support provides.
3.3 No Guarantee of General Release. Ada Support reserves the right to add or remove any features or functionality of the Beta Services. Customer agrees that Ada Support has no obligation to make available a general commercial version of the Beta Services. Should a general commercial version be made available, it may have features or functionality that are different from those found in the Beta Services. Access to the Beta Services does not guarantee Customer any discounts or preferential pricing upon commercial release.
3.4 Restrictions. Ada Support’s direct competitors are prohibited from accessing the Beta Services, except with Ada Support’s prior written consent. In addition, the Beta Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.5 Disclaimer. Customer agrees that the Beta Services are being provided as “early access” features that are not ready for general commercial release and these features may contain bugs, errors, or defects. The Beta Services also rely on third-party large language models (LLMs). Accordingly, the Beta Services are provided "as is." Ada Support and our affiliates and licensors make no representations or warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, regarding the Beta Services, including any warranty or condition that the Beta Services will become generally available, be uninterrupted, error-free, or free of harmful components, or that any content, including Customer Data, will be secure or not otherwise lost or damaged. In particular, Ada Support does not guarantee that any content generated by the features will be accurate and/or free from offensive or unauthorized content. It is Customer’s sole responsibility to monitor the content generated by the Beta Services and Ada Support disclaims any and all liability related to Customer’s use of the Beta Services Ada Support may discontinue access to the Beta Services at any time or for any reason.
Ada Support may update or modify these Service Specific Terms from time to time. Customer’s continued use of the Services constitutes Customer’s acceptance of the updated or modified Service Specific Terms.
Last updated: April 28, 2023