End-User License Agreement (EULA)
of Brightcall for Bitrix24

This End-User License Agreement ("EULA") is a legal agreement between you, whether an individual user or a legal entity ("You" or "End User"), and Brightcall AB, a company registered under the laws of Sweden ("Brightcall", "Company", "we", "us", or "our").

This EULA governs your acquisition and use of the Brightcall for Bitrix24 application, integration, software, platform features, updates, related documentation, and related services made available through Bitrix24 or directly by Brightcall (the "SoftwareThis End-User License Agreement ("EULA") is a legal agreement between you, whether an individual user or a legal entity ("You" or "End User"), and Brightcall AB, a company registered under the laws of Sweden ("Brightcall", "Company", "we", "us", or "our").

This EULA governs your acquisition and use of the Brightcall for Bitrix24 application, integration, software, platform features, updates, related documentation, and related services made available through Bitrix24 or directly by Brightcall (the "Software").

Please read this EULA carefully before installing, accessing, connecting, or using the Software.

This EULA provides a license to use the Software and contains important warranty disclaimers and limitations of liability.

By installing, accessing, connecting, or using the Software, you confirm that you accept this EULA and agree to be bound by its terms.

If you are entering into this EULA on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity and its affiliates to this EULA.

If you do not have such authority, or if you do not agree to this EULA, you must not install, access, connect, or use the Software.This EULA applies only to the Software supplied by Brightcall, regardless of whether other software, platforms, or third-party services are referred to or described herein.

The terms also apply to any Brightcall updates, supplements, internet-based services, integrations, support services, and related features for the Software, unless other terms accompany those items. If so, those additional terms shall apply.

‍1. License Grant
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Brightcall hereby grants you a limited, revocable, non-transferable, non-sublicensable, and nonexclusive license to install, access, and use the Software within your Bitrix24 account, solely for your internal business purposes and in accordance with this EULA.

You are permitted to install and use the Software under your control within your Bitrix24 environment. You are responsible for ensuring that your Bitrix24 account, internet browser, devices, network connection, and any necessary software meet the minimum requirements for using the Software.

The Software may include functionality related to call automation, AI-powered communication, CRM integration, call tracking, call analytics, messaging, lead response, and related communication features.

‍2. Restrictions: You are not permitted to:
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a. edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the Software, except as expressly permitted by Brightcall;
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b. combine the Software with, or incorporate the Software into, any other software except as permitted through approved integrations;
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c. decompile, disassemble, reverse engineer, or attempt to derive the source code, structure, algorithms, or underlying ideas of the Software;
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d. reproduce, copy, distribute, resell, rent, lease, sublicense, or otherwise commercially exploit the Software without Brightcall’s prior written consent;
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e. allow any third party to use the Software on behalf of or for the benefit of any other third party, unless expressly authorized by Brightcall;
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f. use the Software in any manner that breaches applicable local, national, or international law, including laws relating to telecommunications, privacy, data protection, marketing, consumer protection, sanctions, and anti-spam requirements;
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g. use the Software to transmit unlawful, harmful, misleading, abusive, fraudulent, defamatory, or unauthorized communications;
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h. interfere with, disrupt, overload, or compromise the security, performance, or integrity of the Software or Brightcall’s systems;
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i. attempt to gain unauthorized access to the Software, Brightcall systems, Bitrix24 accounts, customer data, or third-party systems;
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j. remove, obscure, or alter any proprietary notices, branding, copyright notices, or trademarks contained in the Software;
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k. use the Software for any purpose that Brightcall reasonably considers to be a breach of this EULA.
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3. Third-Party Platforms and Services
The Software may operate with or through Bitrix24 and other third-party platforms, systems, telecommunications providers, CRM systems, messaging providers, or other services. Brightcall is not responsible for the availability, performance, security, or terms of any third-party platform or service.

Your use of Bitrix24 and any other third-party service remains subject to the applicable terms and policies of those third parties. Brightcall is not liable for any issue caused by Bitrix24, third-party services, third-party APIs, changes to third-party systems, or your configuration of such systems.

‍4. User Responsibilities
You are responsible for:
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a. all use of the Software under your account or within your organization;
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b. ensuring that you have all necessary rights, consents, permissions, and lawful bases to process, upload, transmit, call, message, record, analyze, or otherwise use any data through the Software;
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c. ensuring compliance with all applicable laws relating to calls, SMS, marketing communications, recording consent, data protection, privacy, and customer communications;
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d. the accuracy, legality, and quality of any data, contacts, scripts, prompts, messages, recordings, or other content you provide to or use with the Software;
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e. maintaining the confidentiality and security of your login credentials and connected accounts;
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f. ensuring that your employees, contractors, agents, and users comply with this EULA.

‍5. Data Protection, Privacy and Security
Brightcall may process personal data in connection with the provision of the Software. Each party agrees to comply with applicable data protection laws, including, where applicable, the General Data Protection Regulation (GDPR).Brightcall is GDPR-compliant and applies data protection standards designed to protect personal data processed through the Software. Brightcall is also ISO/IEC 27001 certified, reflecting its commitment to maintaining recognized information security management standards.

You acknowledge that the Software may process data such as contact information, call metadata, call recordings, transcripts, messages, CRM data, user activity, and related communication data, depending on your configuration and use of the Software.

You are responsible for ensuring that you have obtained all required consents and provided all required notices to individuals whose data is processed through the Software, including where calls are recorded, transcribed, analyzed, or handled by automated or AI-powered functionality.Brightcall’s processing of personal data is subject to Brightcall’s applicable privacy policy and any applicable data processing agreement between the parties.

‍6. Intellectual Property and Ownership
Brightcall shall at all times retain ownership of the Software, including all updates, improvements, modifications, customizations, designs, technology, source code, object code, documentation, algorithms, workflows, AI configurations, analytics, know-how, trademarks, and all intellectual property rights related to the Software.The Software and all copyright, trademark, trade secret, database, design, patent, and other intellectual property rights of any nature in the Software are and shall remain the exclusive property of Brightcall or its licensors.You do not acquire any ownership rights in the Software.You receive only the limited license expressly granted under this EULA.Brightcall reserves the right to grant licenses to use the Software to third parties.

‍7. Feedback
If you provide Brightcall with suggestions, ideas, improvements, feature requests, or feedback relating to the Software, Brightcall may use such feedback without restriction or obligation to compensate you. Any improvements, developments, or modifications based on such feedback shall belong exclusively to Brightcall.

‍8. Updates and Changes
‍Brightcall may from time to time modify, update, enhance, suspend, remove, or discontinue parts of the Software. Brightcall may also change functionality, features, integrations, pricing, technical requirements, or support processes. Where reasonably possible, Brightcall will seek to avoid material disruption to active users. However, Brightcall does not guarantee that any specific feature or integration will remain available indefinitely.

‍9. Support
‍Brightcall may provide support services for the Software at its discretion or in accordance with a separate agreement, subscription plan, or service arrangement. Support may be provided by email, online tools, documentation, or other channels made available by Brightcall.
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10. Fees and Payment
‍Use of the Software may be subject to fees, subscription charges, usage-based charges, call charges, SMS charges, setup fees, or other applicable costs. Any fees and payment terms shall be governed by the applicable order form, subscription plan, marketplace listing, invoice, or separate agreement between you and Brightcall. You are responsible for all charges incurred through your use of the Software, including any telecommunications, messaging, usage, or third-party service charges.

‍11. Warranty Disclaimer‍
The Software is provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise.To the maximum extent permitted by applicable law, Brightcall disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, uninterrupted operation, security, or error-free performance.

Brightcall does not warrant that the Software will meet your requirements, operate without interruption, be error-free, be compatible with all systems, or produce any particular business outcome, sales result, conversion rate, or cost saving.

‍12. Limitation of Liability
‍To the maximum extent permitted by applicable law, Brightcall shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of anticipated savings, business interruption, or costs of substitute services, arising out of or in connection with this EULA or the use of the Software.

To the maximum extent permitted by applicable law, Brightcall’s total aggregate liability arising out of or in connection with this EULA or the Software shall not exceed the amounts actually paid by you to Brightcall for the Software during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in this EULA shall exclude or limit liability where such exclusion or limitation is not permitted by applicable law.

‍13. Indemnification
‍You agree to defend, indemnify, and hold harmless Brightcall, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

a. your use or misuse of the Software;

b. your breach of this EULA;

c. your violation of applicable law;

d. your data, content, contacts, communications, call scripts, messages, recordings, or CRM information;

e. your failure to obtain required consents or provide required notices;

f. claims made by your customers, leads, users, employees, contractors, or third parties in connection with your use of the Software.
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‍14. Confidentiality
‍You may receive access to non-public information relating to Brightcall, the Software, pricing, technology, documentation, business processes, or other confidential information. You agree not to disclose or use such confidential information except as necessary to use the Software in accordance with this EULA.

This obligation does not apply to information that is publicly available through no breach of this EULA, independently developed without use of Brightcall confidential information, or lawfully received from a third party without confidentiality obligations.

‍15. Termination
‍This EULA is effective from the date you first install, access, connect, or use the Software and shall continue until terminated. You may terminate this EULA at any time by uninstalling the Software, disconnecting the integration, ceasing all use of the Software, and providing written notice to Brightcall where applicable.

Brightcall may suspend or terminate your access to the Software immediately if:
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a. you breach this EULA;
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b. you fail to pay applicable fees;
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c. your use creates a security, legal, operational, or reputational risk;
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d. Brightcall is required to do so by law, regulation, court order, platform requirement, or third-party provider requirement;
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e. your Bitrix24 account or related third-party service is suspended or terminated. Upon termination, the license granted under this EULA will immediately terminate, and you must stop all access to and use of the Software.

Any provisions that by their nature should survive termination shall survive, including provisions relating to intellectual property, confidentiality, warranty disclaimers, limitation of liability, indemnification, governing law, and payment obligations.

‍16. Export Control and Sanctions
‍You agree not to use, export, re-export, transfer, or make available the Software in violation of applicable export control, sanctions, or trade compliance laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to applicable sanctions prohibiting use of the Software.

‍17. Assignment
‍You may not assign, transfer, or delegate this EULA or any rights or obligations under it without Brightcall’s prior written consent. Brightcall may assign or transfer this EULA in connection with a merger, acquisition, restructuring, sale of assets, or transfer of business operations.

‍18. Entire Agreement
‍This EULA constitutes the entire agreement between you and Brightcall regarding the Software and supersedes all prior or contemporaneous agreements, understandings, communications, or representations relating to the Software, unless a separate written agreement has been signed by both parties.

‍19. Severability
‍If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be interpreted to achieve its intended purpose to the maximum extent permitted by law.

‍20. No Waiver
‍Failure by Brightcall to enforce any provision of this EULA shall not constitute a waiver of that provision or any other provision. Any waiver must be made in writing and signed by an authorized representative of Brightcall.

‍21. Governing Law
‍This EULA and any dispute arising out of or in connection with this EULA, the Software, or its use shall be governed by and construed in accordance with the laws of Sweden, without regard to conflict of law principles. The courts of Sweden shall have jurisdiction over disputes arising out of or in connection with this EULA, unless otherwise required by mandatory applicable law.

‍22. Contact
‍For questions regarding this EULA, please contact:
Company: Brightcall ABVAT / Registration number: SE556883832901
Swedish address: Stationsallén 2, 192 70 Sollentuna, Stockholm, Sweden
Website: https://www.brightcall.ai
‍Email for EULA: legal@brightcall.ai