Capitalized terms not otherwise defined in these supplemental terms (these “Supplemental Terms”) will have the respective meanings assigned to them in the Master Subscription Agreement or the Pass-Through Subscription Agreement (as applicable, the “Terms”) unless you (“you” or “your” or “Client”) have entered into a written master subscription agreement executed by Kustomer, Inc. (“we,”, “us”, “our” or “Kustomer“) in which case the Terms shall refer to such written master subscription agreement. Kustomer may modify these Supplemental Terms from time to time, subject to Section 11 of the Terms.
These Supplemental Terms are in addition to the Terms and any separately executed agreement for services between you and Kustomer (each, as applicable, the “Agreement”). In the event of any inconsistency between these Supplemental Terms and the Terms, the applicable Supplemental Terms will take precedence. By accepting these terms and conditions on behalf of a company or other legal entity, you represent that you are authorized to bind such entity to these Supplemental Terms. If you are not authorized then you agree that you may not and will not attempt to enable any supplemental feature.
A. Third-Party Services
If you are accessing and using the Platform in connection with an integration to a Third-Party Service that enables you to communicate (e.g. phone, chat, messaging) with your customers and other individuals, you are responsible for complying with all applicable third-party terms, policies and licenses (the “Third-Party Services Terms”) governing your access and use of Third-Party Services. Additionally, to the extent you access and use such Third-Party Services in connection with the Platform, you hereby certify that (i) you have agreed to the Third-Party Services Terms, as applicable, and will not use such Third-Party Services in any way that would violate such Third-Party Services Terms, (ii) that you have provided notice to (or will provide notice to) and received (or will receive) all necessary consents from individuals as required by such Third-Party Services Terms or applicable law prior to contacting, communicating with, and/or recording or transcribing conversations with such individuals using the Third-Party Service.
B. Kustomer IQ
The Platform includes the ability for you to enable and access certain artificial intelligence powered features (“Kustomer IQ”). Some features of Kustomer IQ may be subject to additional subscription fees as explained on our pricing page at https://www.kustomer.com/pricing/. Instructions for enabling/disabling Kustomer IQ features are outlined in the Documentation. The functionality of the Kustomer IQ features shall not be considered a material or core function or feature of the Platform.
You acknowledge that Kustomer may access Client Materials submitted to the Platform and Kustomer IQ features for the purpose of improving and training similar or related services and features, and you instruct Kustomer to process the Client Materials for such purpose; provided however, Kustomer will not share the Client Materials with any other customers in connection with the foregoing. You retain all ownership of the Client Materials submitted to the Platform in connection with the Kustomer IQ features and Kustomer retains all ownership in and to all system performance data, machine learning algorithms, and aggregated results of such machine learning.
C. API Rate Limits and API / SDK Usage
The Platform is subject to application programming interface (“API”) rate limits as set forth in the Documentation. These API rate limits may differ based on the subscription plan purchased by you in an Order. We also offer the ability to purchase an increase to the standard API rate limits.
Further, if you use any of our API(s) and, if applicable, our SDK(s) (as defined below) that we make available to you to facilitate your use of our API(s), in connection with you integrating your application with one or more features of the Platform (e.g. Kustomer Chat), (a) except where such API(s) and/or SDK(s) are made available to you through an open source license, we grant you a limited, non-exclusive, non-transferable (except as permitted by Section 11 of the Terms), revocable license to access and use our API(s) and/or SDK(s) only as necessary to develop, test and support an integration of your application with the Platform, (b) you hereby agree that your use of the API(s) and SDK(s) shall be governed by the Terms, including, without limitation, our ownership rights as set forth in Section 7 of the Terms and (c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SDK(s) IS AT YOUR SOLE RISK AND THAT THE SDK(s) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM US. “SDK” means any software development kit and/or libraries related to the Platform developed by us and made available to you through the Documentation.
D. Data Storage Limits
The Platform (including any replication of your environment (i.e. sandbox)) is subject to a maximum data storage limit as set forth in the Documentation. Your data storage limit will be determined based on the subscription plan purchased by you in an Order.
If the amount of data storage required by you exceeds your subscription plan, we will notify you and you must either (a) purchase excess data storage or (b) reduce your data storage within the Platform by removing files and/or records in order to be within the limits of your plan. If you do not either purchase excess data storage or reduce your data storage within the Platform within thirty (30) days notice after notice thereof, we will invoice you the then-current data storage fees for such excess use and you agree to pay such data storage fee.