Thank you for your interest in Switch! Below we’ve outlined the Terms of Service (the “Agreement”) between you and Atlas Guide, Inc. (“Atlas” or “the Company”). This Agreement is a legally binding contract regarding your use of any of the Company’s services (“Switch” or the “Service”), where “you” or “your” means any individual as well as any entity, company, university or organization (“Organization”).
BY USING ANY OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. You agree that you have read, understood and are bound by the following terms and conditions, including our Privacy Policy. You may not use any of the Service if you do not agree or are not eligible to agree to this Agreement or our Privacy Policy.
The Service.
Switch is a consumer mobile application that provides AI-driven phone call management. It offers features such as inbound call handling (including recording calls from unknown or missed numbers), outbound AI agent calls to perform tasks like scheduling or placing calls, and call recording with live transcription and summaries.
Accounts and Registration.
The Service requires you to register for an account (“Account”) to use most features. Account registration may require information about you including your name, email address, phone number, or other contact information. You may delegate access to individual users (“Authorized Users”) to use the Service under your Organization account, provided these Authorized Users register their own accounts under their contact information. You agree to provide accurate and up-to-date contact information at all times and that you have the right to provide us with such information. You are responsible for maintaining a secure account including regularly changing your password, and you accept all responsibility for all activities that occur under your account and organization.
Accurate Information.
You must provide up-to-date and complete contact and billing information as required by the Company or its third party payment processor. You agree that the Company may rely on the accuracy of this information and that the Company has no liability to you or any third party for damages or claims relating to inaccurate information provided by you to the Company.
Authorized Usage.
The Service is provided to you as an individual or Organization. Your Account is provided on the understanding that you are solely and fully responsible for all activities that occur under your Account. The Company has no control over any Account and is not responsible or liable in any way for any use of the Service by any party using your Account. You are responsible for identifying and approving access for any Authorized Users within your Organization with appropriate access controls and security measures and for all activities that occur under your Authorized Users’s usernames, passwords, or Accounts as a result of use of the Service.
Provision of Service.
The Company reserves the right to change, suspend or terminate the Service that it offers at any time, including availability or access to any feature, account or promotion offered by the Company. The Company will provide advance notice of any changes, suspensions or terminations of service when feasible, but you acknowledge the Company’s right change, suspend or terminate the Service without such advance notice.
The Company may, in its sole discretion, make any changes to the Service that it deems necessary or useful or to comply with applicable law.
Eligibility.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age or older or are of the legally required age in the jurisdiction in which you reside and capable of entering into binding contracts; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Payment Terms.
The Service may require you to pay fees to access certain features. The Company reserves the right to determine pricing for the Service. Unless otherwise noted, all fees are in US Dollars, non-refundable, and processed by a third-party Payment Service Provider (“PSP”). You may be required to register with the PSP and agree to their Terms and Service. The Company is not a party to any agreement between you and the PSP and has no obligation, responsibility or liability under such agreement.
All prices are displayed on the Service exclusive of applicable federal, state local or other government taxes, fees or charges. You authorize the Company and its PSP to charge for all sums for the order you make, including all applicable taxes, fees or charges, to the payment method specified by your account. At its discretion, the Company may allow an organization to purchase the Service by issuing an invoice for payment that must be settled within 30 days of issuance.
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize the Company or its PSP to periodically charge, on a going-forward basis until the cancellation of either the Subscription Service or your account, all payments due for provision of the service on or before the payment due date. The term of each Subscription Service will automatically renew for a period equal to the Subscription Period, depending on the selection you make on your account for such period. The Subscription Service may be terminated through the Service or through written notice, which will take effect at the start of the next Subscription Period.
The Company may suspend or terminate access to the Service for any account for which any sums are due but unpaid. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees.
Modification, Termination and Suspension.
The Company reserves the right to modify or discontinue the service at any time, temporarily or permanently, without notice to you. The Company will have no liability for any change to the Service or any suspension or termination of your Account or your access to the Service.
You may cancel your Account at any time through the Service or by submitting a written notice. After cancellation, your account will be deleted and you will no longer have access to your Account, User Content or any other information related to your Account. The Terms of this Agreement shall survive termination of your Account or subscription to the Service and apply indefinitely.
The Company maintains the right to deny access to the Service to anybody at any time for any reason. Notice of termination, restriction or denial shall be effective immediately, after which you may not create a new Account in the name of a third party, a fake or borrowed name, or your own identity. The Terms of this Agreement will remain in effect indefinitely. You remain obligated to pay any unpaid amount accrued prior to the termination.
User Content.
“User Content” is defined as any content or materials that may be text, audio or visual that you submit, upload, publish or otherwise make available to the Service or other users. You are solely in charge of and responsible for the User Content you send, transmit, display or upload on your Account while using the Services. You are responsible for following all laws and regulations that apply to the User Content, including any permissions required from a third party. You confirm that you have the right to all User Content submitted to the Service and that doing so does not infringe on the rights of any third party. The Company is in no circumstances responsible for User Content (a) submitted to the service, (b) sent, received or viewed while using the Service, or (c) any loss or damage caused by the use of or access to User Content.
The Company reserves the right to delete any User Content at any time without notice if said User Content is in violation of any terms of this agreement. You acknowledge and agree that the Company is (a) not involved in the creation or development of any User Content, (b) is not responsible for User Content or liable for any claims arising from or relating to User Content, and (c) not obligated to monitor, review or remove User Content, though it reserves the right to do so at its sole discretion.
User Content is processed to provide the Service and improve its system. The user retains all ownership rights to the User Content processed by the Service. You grant the Company worldwide, non-exclusive, royalty-free, fully paid right and license (with right to sublicense) to host, store, transfer, display, perform, reproduce, modify, export, process, transform and distribute your User Content, in whole or in part, at the discretion of the Company in connection with provide the Service and improving its system. You may delete User Content from your account, after which no record of the User Content will be retained.
Technology Services.
The Service employs Artificial Intelligence (“AI”), machine learning, and similar technologies to provide its services and process User Content and other data associated with your account (“User Data”). You grant the Company full rights to User Data to test, tune, optimize, validate or otherwise enhance its AI, machine learning, and similar technologies in connection with the Service. The Company takes all reasonable steps to ensure the privacy and security of User Data, but the Company is not liable for any loss or harm resulting from the user’s use of the Service’s AI, machine learning, and similar technologies. The user understands and accepts the risks associated with using AI or similar technologies and agrees to indemnify and hold the Company harmless for any claims, damages or losses resulting from such usage.
Intellectual Property Rights.
All text, graphics, content, data, formatting, designs, HTML, look and feel, music, sounds, images, videos, software, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”), exclusive of User Content, that users see or obtain through the Services is owned by the Company. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed, and the company owns all Proprietary Material under the United States Copyright Act. You may not copy, download, use, redesign, reconfigure or retransmit anything from the Service without the Company’s prior written consent.
You agree that any comments, ideas or feedback you submit about the Service (“Feedback”) is gratuitous and unsolicited. The Company is (a) free to use the Feedback without any compensation to you, (b) not bound by any fiduciary or other obligation in connection to Feedback, (c) may disclose the Feedback to any third party, and (d) use the Feedback to improve the service without any attribution or granting any additional rights to the Service to you.
The Company retains all rights to aggregated or anonymized data derived from your use of the Service. Such data will not be identifiable as belonging to you or your Account nor will they contain information that directly or indirectly identifies you or any other person.
Copyright Complaints and the Digital Millennium Copyright Act.
The Company respects the intellectual property rights of others. If you believe that any materials provided on the Service infringe upon your copyright or intellectual property rights, please contact our Copyright Agent at support@switchphone.ai or 1615 Cordova Street, Los Angeles, CA 90007 with the following information:
ㆍa description of the copyrighted work you claim has been infringed and its location on the Service;
ㆍa description or the original or authorized copy of the copyrighted work or intellectual property;
ㆍyour address, telephone number and email address; – a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent;
ㆍa statement by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an agent authorized to act on the owner’s behalf; – an electronic or physical signature of the owner of the copyright or their agent.
Indemnity.
You are responsible for your use of the Service, and you agree to defend and indemnify the Company and all its officers, directors, employees, affiliates, subsidiaries and agents (collectively, the “Company’s Entities”) from and against any claim brought by a third party, and any related liability, damage, loss and expense, including reasonable attorneys’ fees, arising out of (a) your unauthorized or misuse of the Service, (b) your violation of any part of these Terms, (c) your violation of any third party rights, including any copyright or intellectual property rights or violation of any confidentiality or privacy rights, or (d) any User Content or User Data processed by the Service on your behalf. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, without modifying your indemnification obligations to the Company, and you agree to cooperate with our defense of those claims.
User Representations and Warranties.
You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by its terms and conditions. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and bind that entity to this Agreement. You represent and warrant that you and the entity will abide by the terms and conditions of this Agreement.
You agree not to engage in any of the following prohibited activities, including but not limited to the following: (a) copying or distributing any part of the Service in any way other than as permitted by the Service or these Terms of Service; (b) using any automated system, such as but not limited to “crawlers”, “spiders”, “robots”, “headless browsers” to access the Service; (c) using the Service for transmitting spam or other unsolicited messages or using the Service to phish, pharm, pretext, conduct fraud or otherwise impersonate or misrepresent your identity or affiliation with a person or entity; (d) attempting to compromise the integrity or security of the Service or intercept any transmissions to or from the servers running the Service; (e) violating any international, federal, state or local regulations, rules, laws or local ordinances; (f) conducting any unlawful activities or solicit others to perform unlawful activities; (g) infringing upon or violate our Intellectual Property rights or the rights of others; (h) uploading or transmitting viruses or any other types of malicious code; (i) attempting to decompile, disassemble or reverse engineer any of the software used to provide the Service; (j) bypassing the security features of the Service used to prevent or restrict access to the Service; (k) attempting to access unauthorized Accounts or collect the information of others; (l) using the Service for any purpose or in any manner for which it is not expressly intended or is unlawful; (m) encouraging or enabling any other individual or entity to any of the foregoing.
Disclaimers; No Warranties.
THE SERVICE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, INFORMATION OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. THE COMPANY IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT OR DATA, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. THE COMPANY MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED BY THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT OR USER DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Company does not disclaim any warranty or other right that it is prohibited from disclaiming under applicable law.
Limitation of Liability and Dispute Resolution.
The Company will never be liable to you for any indirect, incidental, special, consequential or punitive damages arising from or in connection with your use of, or your ability to access or use, the Service or any information or content provided by the Service, whether based on warranty, contract, tort, statue, or any other legal theory.
To the fullest extent permitted by law, the aggregate liability of the Company Entities to you for all claims arising from or related to use of or inability to use any portion of the Service or otherwise under these Terms is limited to the amount you have pid the Company to use the service in the 12 months prior to the event or circumstance giving rise to the claim.
You and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to preen the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and the Company both agree to waive the right to a trial by jury.
You and the Company agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated or representative action. You and the Company both agree to waive the right to participate as a plaintiff in any class action proceeding.
You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by its terms and conditions. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and bind that entity to this Agreement. You represent and warrant that you and the entity will abide by the terms and conditions of this Agreement.
Any arbitration between you and the Company will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”). The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified US Mail or by Federal Express or electronic mail (“Notice of Arbitration”). The Company’s address for Notice 1615 Cordova Street, Los Angeles, CA 90007. The Notice of Arbitration must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
Governing Law.
Except as provided in Section 17 or provided in writing otherwise, this Agreement and your use of the Services will be governed by and construed under the laws of the State of California, without regard to choice of law principles. This choice of law is only intended to specify the use of California law to interpret this Agreement.
General Terms.
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without the Company’s prior written consent. The Company may assign these Terms at any time without notice or consent. If any part of these terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Changes to this Agreement.
The Company reserves the right, at its sole discretion, to change, modify, add to, supplement, suspend, delete or terminate any of the terms and conditions of this Agreement, effective immediately, without prior notice and without any liability to the Company. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate your Account and immediately stop using the Service. Your continued use of the Service after any and all modifications to the Agreement represents your acceptance of the modified Agreement.
Notices and Consent to Receive Notices Electronically.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including but not limited to, email or by posting Notices through the Service. You agree that all Notices provided to you electronically satisfy all legal requirements that such communications be in writing and will be deemed to have duly given when transmitted. If you have any questions regarding these Service Terms and Conditions or intellectual property matters, or if you have any legal concern relating to the Company or its business, please contact us at support@switchphone.ai or 1615 Cordova Street, Los Angeles, CA 90007.
