Terms of use | Reach Ai

Terms & Conditions

These terms are applicable for Customers till they're subscribed to the old plans that were available before 01 August 2023.

Welcome, and thank you for your interest in ReachAi, our product ReachAi, our web site at https://www.reachapp.ai (the “Site”), and all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals though from written or oral means, such as email or phone (collectively, together with the Site, our “Service”). This Privacy Policy (“Policy”) describes the information that we gather on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Site, or by purchasing or using the Service, you accept the privacy practices described in this Policy. This Policy is incorporated into, and is subject to, the ReachAI Terms & Conditions. Capitalized terms used but not defined in this Policy have the meaning given to them in the ReachAI Terms & Conditions.

Terms and Conditions:

This MAIN SERVICE LEVEL AGREEMENT ("Agreement" and/or "Terms and Conditions") is a legal agreement between You (an entity or person) (“You”) and Marketing Solution Agency SAS, (here forth referred to as "ReachAi"), that governs Your limited, non-exclusive, terminable right to use the ReachAi website and related services (“Site”), the mobile apps, the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).

By installing the app, clicking on the "Accept" button/checking the checkbox on signup page, or otherwise using the Service, You agree to be bound by the terms of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A DISCOUNTED FIRST MONTH TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT DISCOUNTED TRIAL.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website or our Service.

By connecting to us with a third-party service (CRMs and integrations in general, e.g., Pipedrive, HubSpot, Zoho, Zendesk Salesforce, Intercom or any other we have), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your ReachAi account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.

ReachAi may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.

Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

You are allowed to invite two types of user accounts to Your ReachAI Service

“User” means an employee, consultant or contractor who is authorized by You to use Your ReachAi account.
“Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your ReachAI account.

“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below.

1. Services Offered by ReachAi

ReachAi provides users the ability to know the best moment to reach the prospect.
ReachAi gives users the opportunity to share data on their prospects' habits. This allows ReachAi to combine artificial intelligence with recorded habits to deduce the best time to contact the prospect. Initially, ReachAi will announce the earliest best next time to try to reach the prospect if you didn't reach him before, then once the data is sufficient, ReachAi will announce the best time of day
PLEASE NOTE THAT REACHAI DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
Because the ReachAi service depends on the work of your user, any limitation of this user will also limit the way you can enjoy the ReachAi service. The user must use the "Resulte of the call you just made" collone for the ReachAi application to work.

2. Quality and maintenance

ReachAi will use reasonable endeavors to provide the ReachAi Service with minimum disruptions. However, ReachAi cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the ReachAi Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
ReachAi may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. ReachAi may also have to repair, improve, and/or upgrade the ReachAI Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.*
The effectiveness and functionality of the ReachAi service are directly tied to the user’s actions. This means that any limitations or restrictions on the user’s part can potentially impact the overall experience with the ReachAi service.For instance, if the user does not fully utilize all the features of the service, or if they do not input the necessary data, this could limit the service’s ability to function optimally. Specifically, the user must make use of the “Result of the call you just made” column for the ReachAi application to work as intended.This column is crucial as it feeds the application with real-time data about the user’s calls, which in turn allows the application to learn, adapt, and improve its predictions for future calls. Therefore, any limitations in the user’s utilization of this feature could limit the effectiveness of the ReachAi service.In summary, to fully enjoy the benefits of the ReachAi service, the user must actively engage with all its features and provide the necessary data for the application to learn and improve.

3. Limited License

ReachAi grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
You agree not to resell the Service without prior written permission from ReachAi.
You may not modify, reverse engineer, decompile or disassemble any part of the Service.
You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of ReachAi.
You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
Any such forbidden use shall immediately terminate Your license to the Service.

4. Use of ReachAI

In addition to other rules and regulations contained in these Terms of Use, You and anyone using Your ReachAi account are responsible for any use of ReachAi whether by website or mobile device. You agree not to access, copy, or otherwise use ReachAi Services unless such use is authorized by these Terms of Use or otherwise authorized in writing. You agree that any information You provide to ReachAi is complete and accurate.
You will not use the ReachAi Services in any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
to violate any law, regulation or other published policy;
to violate or infringe on intellectual property, privacy, or rights of another;
to violate any agreement, rules or policies that govern the use of Your mobile device;
to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any ReachAi account;
to stalk, harass, or harm another individual; or
to impersonate another, misrepresent or falsely identify Yourself.
to violate any applicable third party policies or requirements that ReachAi has communicated to You.
to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems.
You will abide by all applicable laws in your use of the Service, including without limitation any relating to the sending of text or SMS messages through the Service.
- Federal Trade Commission, https://www.ftc.gov/
- Federal Communications Commission, https://www.fcc.gov/
- DoNotCall Registry Info, https://www.donotcall.gov/
In particular, you acknowledge that the Telephone Consumer Protection Act of 1991 together with final rules and regulations (collectively, “TCPA Rules”), generally prohibits (1) the making of telemarketing calls using an artificial or prerecorded voice to residential telephones without prior express consent; and (2) the making of any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number, in each case, without prior express consent. You understand and agree that you are solely responsible for complying with the TCPA Rules and any other state, federal or local laws, rules and regulations, in effect from time to time, governing electronic communications between you and the owners of the phone numbers you initiate calls or messages to through the Services. Without limiting the foregoing, you represent and warrant that the owners of the phone numbers have given prior express consent or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your calls or messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, to the extent applicable. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or calls to any individuals after they request DNC status. The TCPA Rules, the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (https://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. ReachAi is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your use of the Services to initiate calls or messages.
You and Your Administrators may appoint additional Administrators of Your ReachAi account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ReachAi, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ReachAi does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ReachAi be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.ReachAi is solely a facilitator of the voice and message traffic and has no visibility into or control over individual calls & messages as they are transmitted through ReachAi and has no responsibility or liability with respect to the content of any individual call and message. Except that ReachAi may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that ReachAi has determined, in it’s sole description, may violate an applicable, rule, regulation, or law.
Text SMS communication related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. Our upstream provider defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
You acknowledge that ReachAi may or may not pre-screen SMS Content, but that ReachAi and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, ReachAi and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages using an Bulk SMS Campaign, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. Furthermore, damages for each message sent in violation of the TCPA is $500 and can be $1500 if the violation is proven to be “willful and knowing”.
You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages, and that you will promptly process all such do-not-text or do-not-call requests and maintain those numbers on your internal do-not-call/text list.

5. Pricing, Billing and Refund Policy

You authorize ReachAi to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
You authorize ReachAi and/or any other company acting as billing agent for ReachAi to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid ReachAi plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
You will provide ReachAi with updated credit card information upon ReachAi’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. ReachAi is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
For our subscription plans, usage and monthly or annual fees will be charged directly to the credit card You provide to us as specified in our pricing plans found at Pricing Page. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all ReachAi Services. For annual plans, your billing cycle will be of 12 months from the date of payment of your annual plan subscription fees. If any new user or number is added during the billing cycle, an amount equivalent to prorated amount for the remaining period in the billing cycle will be charged on your credit card on the file. If You cancel your annual plan subscription during the billing cycle, your subscription won’t be renewed after the end of current billing cycle. No refund will be given for cancellation or team member/phone number removal during the ongoing billing cycle. In case of team member or phone number removal, the annual plan subscription amount will be accordingly adjusted (if applicable) for next billing cycle onwards.
Unless otherwise stated, the pricing does not include taxes, levies, duties or assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial authorities (”Taxes”). You are responsible for paying all applicable Taxes associated with your purchases hereunder. If You select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. You also remain responsible for paying your monthly Service fee if your Service is suspended for nonpayment.
You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
Using ReachAi will not incur charges to your personal voice plan (cellular or otherwise) unless you redirect calls to a mobile located in a foreign country. In that case, your operator will charge its standard rates for roaming on incoming calls.
All refund related requests will be governed by our publicly available Refund policy

6. Protection of Data

ReachAi will maintain administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data.

Services may be provided using equipment or facilities located in the European Union or the United States. The Provider's U.S. service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal bases to ensure that, when processed in the U.S., personal data of EU citizens that is processed when using the Service will receive an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By accepting these Terms, You grant ReachAi a general authorization within the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage subcontractors for the purpose of providing the Services. We will inform You of any changes to such subcontractors in accordance with the procedure for amending these Terms.

List of subcontractors:

Google Cloud

Hosting services in the United States and Germany (Privacy Shield certified).

Stripe

Payment gateway (PCI compliant and Privacy Shield certified).

7. Proprietary Rights

All right, title and interest in the Service and any content contained herein is the exclusive property of ReachAI, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without ReachAI’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to ReachAI. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by ReachAI, is strictly prohibited.

8. Content License

You grant ReachAI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.

9. Disclaimer

The materials on ReachAI’s web site are provided “as is”. ReachAI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ReachAI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the ReachAI Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the ReachAI Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.

10. Limitations of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO EVENT WILL THE COLLECTIVE LIABILITY OF ReachAi OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

11. Revisions

The materials appearing on ReachAI’s Site may include technical, typographical, or photographic errors. ReachAI does not warrant that any of the materials on its Site are accurate, complete, or current. ReachAI may make changes to the materials contained on its Site at any time without notice. ReachAI however, makes no commitment of any kind to update the materials.

12. Assumption of Risk

You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While ReachAi has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, ReachAi is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. ReachAi shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

13. Your Responsibility to Protect Data and Password

It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying ReachAi of any unauthorized use of Your account, or breach of Your account information or password. ReachAi will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify ReachAi about unauthorized use of Your account or breach of Your account information or password.

14. Links

The Site may include links to certain website, materials, or content developed by third parties. ReachAi has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ReachAi of the Site. Use of any such linked website is at Your own risk. ReachAi reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

15. Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

16. Compliance with Laws

You will use the ReachAi Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, ReachAi will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.

17. Indemnity

You will indemnify and hold ReachAI, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.

18. Termination of License

ReachAI may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be the breach of any point of ReachAI’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your ReachAI account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.

Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by those terms.

19. Governing Law

Any claim relating to the ReachAI site shall be governed by the laws of the French State, without regard to its conflict of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state court located in Paris, and the parties hereby unconditionally waive their respective rights to a trial by jury. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement is admissible in judicial or administrative proceedings.

20. Waiver of Jury Trial

Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.

21. No Class Actions

All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.

22. Waiver of Compliance of this Agreement

Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.

Any and all waivers by ReachAI of any provision, condition or requirement of the Agreement will only be effective against ReachAI if it is in writing and signed by an authorized officer of ReachAI, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

23. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Marketing Solution Agency. for any third party that assumes our rights and obligations under this Agreement.

24. No Injunctive Relief

In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

25. Contact Information

If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by email to contact@reachapp.ai

Marketing Solution Agency SASU

Attn: Reachapp.ai Team

3 rue Nollet, 75017

Paris, FRANCE

contact@reachapp.ai

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.