Netic Call Analytics Platform Terms of Service
Last Updated: March 15, 2026
These Call Analytics Platform Terms of Service (this “Agreement”) govern your or the company or entity on whose behalf you entered this Agreement (“Customer”) use of the Services as made available by Cybernetic Labs, Inc. (“Netic”). Netic and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.”
AGREEMENT TO TERMS AND CONDITIONS.
BY CLICKING “I ACCEPT,” CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT. YOU (THE INDIVIDUAL CLICKING “I ACCEPT”) REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT AND THAT BY CLICKING “I ACCEPT” YOU ARE HEREBY BINDING CUSTOMER TO THIS AGREEMENT.
DEFINITIONS.
“Account” means Customer’s account on the Services.
“Authorized Users” means employees authorized by Customer to use the Services.
“Netic IP” means the Services, the underlying software provided in conjunction with the Services, algorithms, interfaces, technology, databases, tools, know-how, processes, and methods used to provide or deliver the Services, Documentation, Aggregate Data (as defined below), all improvements, modifications, or enhancements to, or derivative works of, the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights in and to any of the foregoing.
“Documentation” means the documentation relating to the Services if and as made available by Netic (e.g., via the Services) to Customer, including any revised versions thereof, which may be updated from time to time upon notice to customer.
“Intellectual Property Rights” means patent rights (including, without limitation, patent applications, and disclosures), inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
“Services” means the online technology platform accessible via https://dashboard.netic.ai/sign-in which is designed to ingest and analyze call recordings utilizing artificial intelligence technology, provide performance scores and related evaluation information of such call recordings, and facilitate follow-up customer service communications with Customer's end customers including via artificial voice calls, as applicable.
PRIVACY NOTICE.
Please review Netic’s Privacy Notice, available at https://www.netic.ai/privacy-policy, which also governs how Netic collects, uses, and shares personal information.
ACCESS AND USE.
Services. Subject to the terms and conditions of this Agreement, Netic hereby grants Customer a limited, non-exclusive, non-transferable (except in compliance with Section 13(b)) right to use (and permit Authorized Users to use) the Services in accordance with the Documentation and the terms of this Agreement.
Use Restrictions. Customer will not and will not permit any person or entity (including, without limitation, Authorized Users) to, directly or indirectly: (i) copy, modify or create any derivative work of any portion of the Services or the Documentation; (ii) reverse engineer, decompile, decode, or disassemble or otherwise attempt to derive or gain improper access to any software component of the Services, in whole or in part; (iii) frame, mirror, sell, resell, market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan any portion of the Services to any other person or entity, or otherwise allow any person or entity to use the Services for any purpose other than for the benefit of Customer in accordance with this Agreement; (iv) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any person or entity, or that violates, or causes a violation of, any applicable law including, without limitation, the Telephone Consumer Protection Act and related state laws; (v) interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby; (vi) access or search the Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Services features provided by Netic for use expressly for such purposes; or (vii) use the Services, Documentation, or any other Netic Confidential Information to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services.
Authorized Users. Customer may permit Authorized Users to use the Services in accordance with the Documentation and the terms of this Agreement, provided that Customer is responsible for all acts or omissions by its Authorized Users in connection with their use of the Services and their compliance with the terms and conditions of this Agreement, including, without limitation, with Customer’s obligations and the restrictions set forth in Section 4(b).
Ownership of Netic IP. Subject to the limited rights expressly granted hereunder, Netic reserves and, as between the Parties will solely own, the Netic IP and all rights, title, and interest therein. No rights are granted to Customer hereunder (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein.
Feedback. From time to time Customer or its employees, contractors, representatives may provide Netic with suggestions, comments, feedback, or the like with regard to the Services (collectively, “Feedback”). Customer hereby grants Netic a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Netic’s business purposes, including, without limitation, the testing, development, maintenance, and improvement of the Services.
Third-Party Services. Certain features and functionalities within the Services may (i) allow Customer and its Authorized Users to interface or interact with, access and/or use compatible, and/or (ii) integrate with and depend upon third-party services, products, technology, and content (collectively, “Third-Party Services”). Netic does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto.
Use of Artificial Voice Calling Services. Customer acknowledges that aspects of the Services use an artificial or prerecorded voice, and agrees that it is solely responsible for ensuring that its use of the Services complies with the Telephone Consumer Protection Act and other applicable laws.
FEES.
Certain features or functionality of the Services require Customer to pay a fee through the purchase of a subscription (“Subscription”), and if Customer wishes to use such features or functionality, then Customer agrees to pay the Subscription fees associated with the Subscription tier as Customer selects via the Services (e.g., via its Account). These features or functionality may include, for example (and without limitation), volume limits or permitted volume usage applicable to call recording storage, analytics, and/or performance evaluations and scoring, limits on applicable follow-up customer communications, or otherwise.
Transactions; Payments. If Customer purchase a Subscription (a “Transaction”), Customer expressly authorizes Netic (or Netic’s third-party payment processor) to charge Customer for such Transaction. Netic may request from Customer additional information relevant to Customer’s Transaction, including Customer’s credit card number, the expiration date of its credit card and Customer’s email and postal addresses for billing and notification (such information, “Payment Information”), and in such case Customer agrees to promptly furnish such Payment Information to Netic. Customer represents and warrants that it has the legal right to use all payment method(s) represented by any such Payment Information. When Customer initiates a Transaction, Customer authorizes Netic to provide Customer’s Payment Information to third parties so Netic can complete Customer’s Transaction and to charge Customer’s payment method for the type of Transaction corresponding with the Subscription which Customer has selected (plus any applicable taxes and other charges). Customer may need to provide additional information to verify its identity before completing a Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, Customer agrees to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to Customer. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Subscriptions. Subscriptions are offered on recurring bases (e.g., monthly, biannually, or otherwise as presented to Customer via the Services). If Customer purchases a Subscription, Customer will owe the Subscription fee for the period applicable to its selected Subscription, charged on that period (e.g., charged monthly for a monthly Subscription) plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of the Subscription and each applicable period thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, CUSTOMER AUTHORIZES NETIC TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If Customer purchases a Subscription, Netic (or its third-party payment processor) will automatically charge Customer on a recurring basis beginning on the date of commencement of the Subscription, using the Payment Information which Customer has provided until Customer cancels its Subscription. By agreeing to these Terms and electing to purchase a Subscription, Customer acknowledge that its Subscription has recurring payment features and Customer accepts responsibility for all recurring payment obligations prior to cancellation of its Subscription by Customer or Netic pursuant to Section 5(c) or 10(b).
Cancelling Subscription. CUSTOMER’S PURCHASE OF A SUBSCRIPTION IS FINAL AND CUSTOMER WILL NOT BE ABLE TO CANCEL THE PURCHASE ONCE MADE AND/OR RECEIVE A REFUND OF ANY SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, Netic reserves the right to cancel one or more Transactions for any reason; if Netic cancels Transaction, Netic will refund any payment remitted by Customer to Netic for such Transaction. WITHOUT LIMITING THE FOREGOING, CUSTOMER MAY CANCEL ITS SUBSCRIPTION AT ANY TIME, BUT PLEASE NOTE THAT SUCH CANCELLATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD (E.G., AT THE END OF THE APPLICABLE ANNUAL SUBSCRIPTION TERM). EXCEPT AS SET FORTH ABOVE WITH RESPECT TO CUSTOMERS INITIAL SUBSCRIPTION PURCHASE, CUSTOMER WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. Customer may cancel its Subscription at any time via the applicable Subscription settings in its Account. Customer is responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If Customer cancels, Customer’s right to use the Services will continue until the end of the then-current Subscription period and will then terminate without further charges.
Taxes. Customer is responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority on any amount payable by Customer to Netic hereunder, other than any taxes imposed on Netic’s income.
CUSTOMER MATERIALS.
Customer hereby grants Netic and its licensors a non-exclusive, worldwide, royalty-free right and license to use, reproduce, display, perform and modify the Customer Materials solely for the purpose of (i) hosting, operating, improving, and providing the Services, (ii) disclosing Customer Materials to Netic’s third-party artificial intelligence (e.g., large language model) services providers to analyze such Customer Materials for Customer, and (iii) generating Aggregate Data. As between Customer and Netic, Customer owns and retains all right, title and interest in and to all Customer Materials. “Customer Materials” means all information, data, content and other materials, in any form or medium, that is submitted, collected, transmitted or otherwise provided by or on behalf of Customer through the Services or to Netic in connection with Customer’s use of the Services, including without limitation all audio (call) recordings, but excluding, for clarity, Aggregate Data and any other information, data, data models, content or materials owned or controlled by Netic and made available through or in connection with the Services. “Aggregate Data” means any data that is derived or aggregated in deidentified form from (i) any Customer Materials; or (ii) Customer’s and/or its Authorized Users’ use of the Services, including, without limitation, any usage data or trends with respect to the Services.
CONFIDENTIAL INFORMATION.
Confidentiality. “Confidential Information” means any information that Netic provides to Customer in connection with this Agreement, whether orally or in writing, that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure. For clarity, the Services and the Documentation will be deemed Confidential Information of Netic. Customer will not use or disclose any Confidential Information of Netic except as necessary to exercise its rights under this Agreement. Customer may disclose Confidential Information of Netic only: (i) to those of its employees, contractors, agents and advisors who have a bona fide need to know such Confidential Information to perform under this Agreement and who are bound by written agreements with use and nondisclosure restrictions at least as protective of the Confidential Information as those set forth in this Agreement, or (ii) as such disclosure may be required by the order or requirement of a court, administrative agency or other governmental body, subject to Customer providing to Netic reasonable written notice to allow Netic to seek a protective order or otherwise contest the disclosure.
Exclusions. Confidential Information will not include any information that: (i) is or becomes generally known to the public through no fault or breach of this Agreement by Customer; (ii) is rightfully known by Customer at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by Customer without access to or use of any Confidential Information of Netic that can be evidenced in writing; or (iv) is rightfully obtained by Customer from a third-party without restriction on use or disclosure.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
Mutual Representations. Each Party represents and warrants to the other Party that: (i) it has full power and authority to enter into this Agreement; and (ii) the execution, delivery, and performance of this Agreement by it have been duly authorized by all necessary actions and do not violate its organizational documents.
Customer Additional Representations. Customer represents and warrants that (i) Customer has all rights, permissions, consents, and authority necessary to transmit Customer Materials to the Services (including without limitation audio (call) recordings) and to permit Netic and the Services to use Customer Materials as contemplated by this Agreement; (ii) Netic’s use of the Customer Materials in accordance with this Agreement will not violate any applicable laws or regulations or infringe any intellectual property or other rights of any third party or cause a breach of any agreement or obligations between Customer and any third-party; (iii) Customer has obtained and will continue to have all required consents necessary to make outbound calls via the Services including, without limitation, those consents required under the Telephone Consumer Protection Act; (iv) Customer will comply with all applicable laws; and (v) Customer will comply with all third-party terms applicable to its third-party accounts which Customer connects the Services to, including for transmission of customer Content therefrom.
Disclaimer. THE SERVICES AND OTHER NETIC IP ARE PROVIDED ON AN “AS IS” BASIS, AND NETIC MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER OR TO ANY OTHER PARTY REGARDING THE NETIC IP, THE SERVICES OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER.
Certain Limitations; Reliance on Output. CUSTOMER ACKNOWLEDGES AND AGREES THAT (I) THE SERVICES, AND ANY OUTPUT GENERATED BY THE SERVICES, ARE NOT INTENDED AS ANY FORM OF AN AUTOMATED DECISION-MAKING TECHNOLOGY (AS DEFINED BY APPLICABLE LAWS) OR A SUBSTITUTE FOR HUMAN DECISION MAKING; (II) ANY AND ALL OUTPUT FROM THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS ADVICE OR SOLELY RELIED ON IN ANY DECISION-MAKING; AND (III) CUSTOMER WILL CONDUCT ITS OWN DILIGENCE AND EXERCISE ITS OWN BEST BUSINESS JUDGMENT WITH MEANINGFUL HUMAN INVOLVEMENT IN MAKING ANY DECISIONS OR TAKING ANY ACTIONS REGARDING ANY AUTHORIZED USERS OR OTHER EMPLOYEES OR PERSONNEL WITHIN THE ORGANIZATION OR OTHERWISE IN CONNECTION WITH ANY OUTPUT. NETIC DOES NOT MAKE ANY WARRANTIES OR GUARANTEES REGARDING THE RESULTS OR OUTCOMES OF ANY OUTPUT, OR THAT ANY OUTPUT WILL ACHIEVE ANY INTENDED RESULTS OR OTHERWISE, AND NETIC HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY OUTPUT, OR CUSTOMER’S RELIANCE THEREON, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR OUTCOMES RESULTING FROM THE USE OF, OR IN CONNECTION WITH, ANY OUTPUT.
TERM AND TERMINATION.
Term. This Agreement shall commence on the Effective Date and will remain in effect unless and until terminated in accordance with the terms herein (the “Term”).
Termination. Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach. Further, Netic may suspend or terminate Customer’s access to and use of the Service, and/or Customer’s Account, in its sole discretion at any time with notice to Customer. Customer may cancel its Account via settings on such Account effective at the end of Customer’s then-current Subscription (and without refund), whereby this Agreement will terminate effective on the date which Netic notifies Customer that its Account has been cancelled on or after its then-current Subscription, and whereby Customer’s Subscription will be cancelled.
Survival. The following Section will survive termination or expiration of this Agreement for any reason: Sections 2, 3, 4(b), 4(d), 4(e), 4(f), 5 (for Subscriptions purchased prior to termination/expiration), 6, 7, 8, 9(c), 9(d), 10, 11, and 12.
Effect of Termination. Upon expiration or termination of this Agreement: (i) the rights granted to Customer pursuant to Section 4(a) will terminate and Customer will immediately cease accessing the Services; and (ii) Customer will return or destroy, at Netic’s sole option, all Netic Confidential Information in its possession or control, including permanent removal of such Netic Confidential Information (consistent with customary industry practice for data destruction) from any storage devices or other hosting environments that are in Customer’s possession or under Customer’s control, and at Netic’s request, certify in writing to Netic that the Netic Confidential Information has been returned, destroyed or, in the case of electronic communications, deleted. No expiration or termination will affect Customer’s obligation to pay all fees (including without limitation Subscription Fees) that may have become due or otherwise accrued through the effective date of expiration or termination, or entitle Customer to any refund.
LIMITATION OF LIABILITY.
Limitation of Liability. EXCEPT FOR (I) ANY INFRINGEMENT OR MISAPPROPRIATION BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD OR WILLFUL MISCONDUCT BY EITHER PARTY, OR (III) BREACH OF CUSTOMER’S PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF COVER OR SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Total Liability. IN NO EVENT WILL NETIC’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ITS AUTHORIZED USERS ARISING FROM ALL CLAIMS UNDER OR RELATED TO THIS AGREEMENT, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO NETIC IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM MADE UNDER OR RELATED TO THIS AGREEMENT, LESS ALL AMOUNTS PAID BY NETIC TO CUSTOMER FOR ALL PAST CLAIMS OF ANY KIND MADE UNDER OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT NETIC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
INDEMNIFICATION.
Indemnification by Netic. Subject to Section 11(b), Netic will defend Customer against any claim, suit or proceeding brought by a third-party (“Claims”) alleging that Customer’s use of the Services infringes or misappropriates such third party’s Intellectual Property Rights, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer or agreed in settlement by Netic (including reasonable attorneys’ fees) resulting from such Claim.
Exclusions. Netic’s obligations under Section 11(a) will not apply if the underlying Claim arises from or as a result of: (i) Customer’s breach of this Agreement, negligence, willful misconduct or fraud; (ii) any Customer Materials; (iii) Customer’s failure to use any enhancements, modifications, or updates to the Services that have been provided by Netic; (iv) modifications to the Services by anyone other than Netic; (v) combinations of the Services with software, data or materials not provided by Netic; or (vi) Customer’s continued use of a prior version of the Services that has been superseded by a non-infringing version subsequently released by Netic.
Indemnification by Customer. Customer will defend, indemnify and hold harmless Netic from and against any damages and liabilities (including court costs and reasonable attorneys’ fees) awarded in a final judgment against Netic, and amounts agreed to in settlement with respect to each of the foregoing, to the extent arising from a Claim against Netic that: (i) the Customer Materials or its use by Netic in accordance with this Agreement infringes, misappropriates or violates a third-party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (ii) is based on Customer’s or an Authorized User’s use of the Services in a manner that is not in accordance with this Agreement; (iii) is based on the manufacture, sale, distribution or marketing of any Customer’s products or services; or (iv) is based on a breach of Section 4(b) or 8(b) by Customer.
GENERAL
Entire Agreement. This Agreement, including its exhibits, is the complete and exclusive agreement between the Parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. This Agreement may be amended or modified only by a written document executed by duly authorized representatives of the parties.
Assignment. Customer may not assign or transfer this Agreement, by operation of law or otherwise, without Netic’s prior written consent. Netic may freely assign or transfer this Agreement without consent. Any attempt to assign or transfer this Agreement without such consent will be void. Subject to the foregoing, this Agreement is binding upon and will inure to the benefit of each of the Parties and their respective successors and permitted assigns.
Notices. All notices required to be sent hereunder will be in writing (email being sufficient) and will be deemed to have been given when mailed by United States Postal Service Priority Express Mail, with delivery confirmation, postage prepaid, or sent by email, and if sent by email, on the date the email was sent without a bounce back message if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party.
Relationship of the Parties. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the Parties. Neither Party will have the power to bind the other or to incur obligations on the other’s behalf without such other Party’s prior written consent.
Waiver. Either Party’s failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party granting the waiver.
Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the Parties, and the remaining provisions of this Agreement will remain in full force and effect.
Export Regulation. Customer will comply with all applicable export, sanctions and foreign corruption laws and regulations of the United States (“Trade Laws”) to ensure that the Services are not: (i) exported or re-exported directly or indirectly in violation of Trade Laws; or (ii) used for any purposes prohibited by the Trade Laws.
Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Mateo County, California and the Parties irrevocably consent to the personal jurisdiction and venue therein.
