These Terms of Service ("Terms") are entered into by and between GSV Sales, Inc. ("GSV," "we," "us," or "our") and the individual or entity accessing or using the website, platform, subscriptions, or related services ("Customer," "you," or "your").
If you access or use the services on behalf of a company or other entity, you represent that you are authorized to bind that entity, and references to "you" include that entity.
These Terms apply to general use of our website and platform. If you enter into an order form, statement of work, subscription agreement, pilot agreement, enterprise agreement, or other written commercial agreement with GSV, that agreement will control to the extent of any conflict.
1. Definitions
For purposes of these Terms, "Services" means the website, software, AI-enabled tools, diagnostics, agents, subscriptions, support, and related offerings made available by GSV. "Customer Data" means information, content, files, recordings, transcripts, notes, emails, prompts, and other data that you or your authorized users submit to or process through the Services.
"Order Form" means any ordering document, subscription flow, statement of work, proposal, invoice, or other commercial record describing purchased Services. "Authorized Users" means employees, contractors, or other representatives you permit to use the Services under your account.
2. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms and any policies referenced in them, including our Privacy Policy.
If you do not agree to these Terms, do not access or use the Services.
3. The Services
GSV provides software and services designed to help sales organizations operate more effectively, including diagnostics tools, AI agents, workflow support, note-taking features, email drafting, call-related assistance, analytics, and related commercial services.
We may update, improve, suspend, or discontinue some or all of the Services from time to time, subject to any binding written agreement that states otherwise.
Certain features may be offered on a beta, preview, pilot, or evaluation basis. Those features may be changed or withdrawn at any time and may be subject to additional terms.
4. Customer Data
As between the parties, you retain all rights, title, and interest in and to your Customer Data, subject to the limited rights you grant GSV to provide, maintain, secure, support, and improve the Services in accordance with these Terms and any applicable Order Form.
You represent that you have all rights, permissions, and legal bases necessary to provide Customer Data to GSV and to authorize GSV and its service providers to process that data on your behalf, including with respect to call recordings, emails, personal data, and proprietary business information.
GSV does not sell customer data and does not use customer content to train internal or third-party AI models. GSV may use aggregated, de-identified, anonymized, or disaggregated information for lawful internal business purposes, provided that such information does not identify you, your users, or your organization.
5. Restrictions, Responsibilities, and Rights
You agree that you will not, and will not allow others to:
- Use the Services in violation of applicable laws, regulations, or third-party rights.
- Reverse engineer, copy, modify, scrape, or create derivative works from the Services except as permitted by law or a written agreement.
- Interfere with the integrity, security, or performance of the Services.
- Use the Services to transmit unlawful, infringing, misleading, or harmful content.
- Access the Services through unauthorized automated means or attempt to gain unauthorized access to accounts, systems, or data.
You are responsible for your Authorized Users, maintaining the confidentiality of account credentials, and ensuring your use of the Services complies with laws applicable to your business, including privacy, data protection, and call or meeting recording laws.
6. Fees and Payment Terms
Paid Services are subject to the fees, billing terms, and subscription details stated in the applicable Order Form, checkout flow, or other commercial documentation.
If you purchase a subscription through a self-serve flow, you authorize GSV and its payment processors, including Stripe, to charge the payment method on file for recurring subscription fees, taxes, and any other applicable charges until the subscription is canceled in accordance with the applicable terms.
- Fees are exclusive of taxes unless expressly stated otherwise.
- Late or overdue amounts may result in suspension of Services and may accrue interest to the extent permitted by law.
- Unless otherwise stated in a written agreement, fees are non-refundable.
- Where applicable, subscriptions may renew automatically unless canceled before the renewal date.
7. Warranties and Disclaimers
Each party represents that it has the authority to enter into these Terms.
Except as expressly stated in a written agreement, the Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, GSV disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
AI-generated outputs may be incomplete, inaccurate, or inappropriate for a given context. You are solely responsible for reviewing outputs and for decisions made based on them.
8. Confidential Information
Each party may receive confidential or proprietary information from the other in connection with the Services. The receiving party will use that information only as needed for the relationship and will protect it using reasonable safeguards.
Confidential information does not include information that is publicly available through no fault of the receiving party, was already lawfully known, is independently developed, or is lawfully obtained from a third party without restriction.
9. Term and Termination
These Terms begin when you first access or use the Services and continue until terminated. A subscription or commercial term purchased under an Order Form will continue for the period stated in that Order Form unless terminated earlier in accordance with its terms.
GSV may suspend or terminate access to the Services if you breach these Terms, fail to pay amounts due, create legal or security risk, or misuse the Services. You may stop using the Services at any time, and may terminate paid Services as permitted by the applicable Order Form or subscription terms.
Upon expiration or termination, your rights to use the Services will end, except as otherwise set forth in a written agreement. Certain provisions of these Terms will survive termination by their nature, including payment obligations, confidentiality, limitations of liability, dispute resolution, and other provisions intended to survive.
10. Indemnity
You agree to defend, indemnify, and hold harmless GSV and its affiliates, officers, directors, employees, contractors, and agents from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Customer Data, your misuse of the Services, your violation of these Terms, or your violation of applicable law or third-party rights.
11. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities, arising out of or related to these Terms or the Services.
To the fullest extent permitted by law, GSV's aggregate liability arising out of or related to these Terms or the Services will not exceed the amounts paid or payable by you to GSV for the applicable Services during the twelve (12) months preceding the event giving rise to the claim, unless a different limitation is stated in a written agreement.
12. General Provisions
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Before initiating a formal proceeding, the parties will attempt in good faith to resolve any dispute informally. If a dispute cannot be resolved informally, it will be finally resolved by binding arbitration in Delaware in English under the JAMS Streamlined Arbitration Rules before a single arbitrator with relevant commercial experience.
To the fullest extent permitted by law, disputes must be brought on an individual basis and not as a class, consolidated, or representative action. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. GSV may use subcontractors and service providers in delivering the Services, but will remain responsible for their obligations to the extent required by law or contract.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the updated version on this page and revise the last-updated date above.
Your continued use of the Services after the updated Terms become effective means the updated Terms will apply, subject to applicable law and any separate written agreement then in effect.
14. Contact Us
If you have questions about these Terms, or if you need to send a notice relating to them, please contact GSV at:
- Legal email: legal@gsvsales.com
- Privacy and data requests: data@gsvsales.com