This Subscription Services Agreement (“Agreement”), by and between ContentFly Inc. d/b/a Attain AI (“Attain”, “we”, “us”, or “our”) and the customer identified in the Order Form submitted to us via our webform (“Customer”), is made effective as of the start date stated in the Order Form (the “Effective Date”). Customer and Attain are referred to herein as the parties, and each as a party.
A. Attain provides customer relationship management, sales enablement and analytics services on a subscription basis to its customers. One service is the Sales Enablement service, which records video platform-based conversations by means of a bot interface, transcribes the conversations, and provides analytics and insights for sales teams. A second service is the Sales Lead Service, which combines your lead data with third-party obtained data and develops customer leads with supporting contact information. A third service is the customer relationship management to store your customer and lead information. The services are described in further detail below.
For the purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the meanings ascribed to them:
A. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common Control with the subject entity. “Control” means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity.
B. “Software” means our proprietary software bot that interfaces with the Conferencing Platform and which enables the conferencing sessions to be recorded and transmitted to us and/or our service provider.
C. “Conferencing Platform” means the video conferencing software platform you use and which enables the conferencing sessions to be recorded.
D. “CRM Service” means the lead and customer data platform which interacts with the Sales Enablement Service and the Sales Lead Service.
E. “Custom Services” means custom professional services which may be purchased from us in addition to the Sales Enablement Service and the Sales Lead Service.
F. “Customer” means the customer identified in the Order Form and its Affiliates.
G. “Customer Data” means all data provided by you or obtained from you related to your business, including, but not limited to, Sales Lead Data and all data obtained from the Conferencing Platform.
H. “Derivative Data” means anything we may create (including, but not limited to, reports, analyses, metrics, benchmarks, and the like) based on Customer Data (including de-identified and/or aggregated Personal Information) or information derived from Customer’s use of the Software or the Service, but the foregoing not including Customer Data itself and not containing any Personal Information
I. “Documentation” means the documentation provided or made available by Attain to Customer describing the use, operation, training, or support of the Software and Services.
J. “Sales Lead Data” means data of customer leads which you provide to us.
K. “Personal Information” means unencrypted information that identifies, describes, is capable of being associated with, or could reasonably be linked with a particular individual, such as (i) meeting attendees, including, but not limited to, image, likeness, audio, and video, and (ii) leads provided by Customer to us.
L. “Portal” means Attain’s website portal accessible by Users which permits access to reports and other information.
M. “Sales Enablement Service” means recording audio and video meeting conversations, transcribing the conversations, and performing analysis on the conversations to provide insights.
N. “Sales Lead Service” means our service of accessing or receiving your Customer Data, obtaining additional data from third party data providers, and searching, analyzing, and developing a refined list of customer leads with supporting contact information.