Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of getvalence.org and the Valence AI platform (collectively, the "Service") operated by Valence AI, Inc. ("the Company"), located at 530 Lytton Avenue, Suite 200, Palo Alto, CA 94301. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service includes getvalence.org, the Valence platform API, the supervisor dashboard, and any related documentation or tooling provided by the Company.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• If you use the Valence API to process call audio, you are solely responsible for obtaining all applicable caller consent, complying with applicable call recording notification laws, wiretapping statutes, and industry regulations before transmitting audio to the Service.
• You may not submit audio containing protected health information or other data categories subject to specialized federal privacy law (such as HIPAA) without entering into a separate written agreement with the Company.

3. Intellectual Property

The Service, including all text, graphics, logos, software, machine learning models, and API specifications, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Emotion scores, confidence values, and derived analytics outputs generated by the Service based on your submitted audio belong to you.

4. User Content

You are responsible for any content you submit through the Service, including audio streams, call identifiers, contact form submissions, and support communications. You represent that you have all necessary rights and consents to submit such content. You grant the Company a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry. The Company does not use audio submitted by operators to train or improve its machine learning models without explicit written consent from the operator.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMOTION DETECTION RESULTS ARE PROBABILISTIC; THE COMPANY DOES NOT WARRANT THAT RESULTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR DECISION.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 OR THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) your failure to obtain required caller consents prior to submitting audio to the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact the Company at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact

Valence AI, Inc.
530 Lytton Avenue, Suite 200
Palo Alto, CA 94301
Email: [email protected]
Phone: +1 (650) 553-1184