These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services provided by AdamX Inc. (doing business as “AdamX”) (“AdamX”, “we”, “us”, or “our”), including the AdamX Top Rep, Top Journey, Role Play, and Champions products (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

1. Accounts and Eligibility

• You must be at least 18 years old and capable of forming a binding contract to use the Services.
• You must provide accurate, current, and complete registration information and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2. Customer Data and AI Processing

• “Customer Data” means any data, content, recordings, transcripts, files, or other information you or your users submit to the Services, including data ingested from third-party systems (e.g., Gong, Zoom, Salesforce, HubSpot), and outputs derived from that data.
• You grant AdamX a non-exclusive, worldwide, royalty-free license to host, process, transmit, analyze, and display Customer Data solely to provide, maintain, secure, and improve the Services and to develop new features. We do not claim ownership of your Customer Data.
• The Services use AI/ML models (including large language models) to generate insights, scores, summaries, and content. AI outputs may be probabilistic and can contain inaccuracies. You are responsible for reviewing outputs and making final decisions.
• You represent and warrant that you have obtained all rights, permissions, and consents necessary to submit Customer Data to the Services and to allow AdamX to process it under these Terms, including any required notices or consents to record and analyze calls.
• We do not use Customer Data to train, fine-tune, or improve any AI models.
• We retain Customer Data for 30 days by default and will delete earlier upon request. We will process deletion requests within 30 days.
• We currently host and process Customer Data in the United States. We maintain SOC 2 controls and encrypt data in transit and at rest.

3. Acceptable Use

You agree not to, and not to allow third parties to:

• Use the Services in violation of any applicable laws or regulations (including call recording, privacy, and data protection laws).
• Infringe, misappropriate, or violate intellectual property, privacy, or other rights.
• Upload malware, attempt to gain unauthorized access, or disrupt the integrity or performance of the Services.
• You represent and warrant that you have obtained all rights, permissions, and consents necessary to submit Customer Data to the Services and to allow AdamX to process it under these Terms, including any required notices or consents to record and analyze calls.
• Reverse engineer, decompile, or attempt to discover the source code or underlying models except to the extent such restrictions are prohibited by law.
• Use the Services to develop competing models or services by extracting substantial portions of our outputs or system behavior.

4. Third-Party Services

The Services may interoperate with third-party products and services (e.g., Gong, Chorus, Zoom, Salesforce, HubSpot, LinkedIn). Your use of any third-party services is subject to their terms and privacy policies. AdamX is not responsible for third-party services and does not control them.

5. Subscriptions, Fees, and Taxes

• Certain features require a paid subscription. Fees, terms, and billing cycles are described in your order form or online plan. Unless otherwise stated, subscriptions auto-renew for successive terms at the then-current rates.
• You authorize AdamX and our payment processors to charge all fees due using your selected payment method. Fees are non-refundable unless otherwise required by law or expressly stated.
• Prices are exclusive of taxes. You are responsible for all applicable taxes, duties, and government charges (excluding our income taxes).
• Payments are processed by Stripe. By purchasing, you authorize AdamX and Stripe to charge your selected payment method.

6. Confidentiality

• “Confidential Information” means non-public information disclosed by one party to the other that is marked or reasonably should be understood to be confidential. Customer Data is your Confidential Information. Our non-public product information, security documentation, and pricing are our Confidential Information.
• Each party will use the other party’s Confidential Information only to perform under these Terms and will protect it using reasonable care. This duty does not apply to information that is public, already known, independently developed, or rightfully obtained from a third party without confidentiality obligations.

For more details about our security and compliance program, see our [Trust Center](https://trust.adamx.ai).

7. Intellectual Property; Feedback

• AdamX and its licensors own all rights, title, and interest in and to the Services, including software, models, algorithms, interfaces, designs, and all related intellectual property.
• You own your Customer Data. You also own the outputs generated for you from your Customer Data, subject to these Terms and your compliance with applicable law and third-party rights.
• If you provide feedback or suggestions, you grant AdamX a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose without restriction.

8. Beta and Trial Features

We may offer beta, trial, or pre-release features. These are provided “as is” without warranties and may be modified or discontinued at any time. Your use is voluntary and at your own risk.

9. Warranties and Disclaimers

• THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.
• YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY DECISIONS MADE BASED ON AI OUTPUTS. THE SERVICES DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE.

10. Indemnification

You will defend, indemnify, and hold harmless AdamX, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any laws or third-party rights.

11. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ADAMX NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADAMX’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ADAMX FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Term and Termination

• These Terms remain in effect until terminated. You may stop using the Services at any time.
• We may suspend or terminate your access for any violation of these Terms or if your use poses a security or legal risk.
• Upon termination, your right to use the Services ceases. We may retain and use Customer Data as required by law or as permitted under our Privacy Policy and data retention practices. We will make commercially reasonable efforts to enable export of your Customer Data if requested within thirty (30) days of termination, unless prohibited by law or contract.

13. Changes to the Services and Terms

We may modify the Services and these Terms from time to time. Material changes will be effective upon posting or as otherwise notified to you. If you continue using the Services after changes take effect, you accept the updated Terms.

14. Compliance; Export Controls

You agree to comply with all applicable laws, including anti-bribery, anti-corruption, and export control laws. You represent that you are not located in, and will not use the Services from, any jurisdiction subject to comprehensive U.S. sanctions, and you are not a prohibited party under applicable sanctions lists.

15. Governing Law; Dispute Resolution

• These Terms are governed by the laws of the State of California, USA, without regard to conflict of laws rules. The exclusive venue for any disputes shall be the state or federal courts located in Santa Clara County, California, and the parties consent to personal jurisdiction there.
• Before filing a claim, the parties will attempt to resolve disputes through good-faith negotiations for at least thirty (30) days. Nothing restricts either party’s right to seek injunctive relief.

16. Notices

Notices to AdamX must be sent to [email protected] with a copy to: AdamX Inc., Attn: Legal, 1702 Meridian Avenue, Suite L-150, San Jose, CA 95125. Notices are deemed given upon receipt.

17. General

• These Terms, together with any order forms or supplemental terms, constitute the entire agreement between you and AdamX regarding the Services and supersede prior agreements on the subject.
• If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remaining provisions will remain in full force and effect.
• You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
• No waiver of any term is a further or continuing waiver of that term or any other term.

18. Contact

If you have questions about these Terms, contact us at [email protected].