Effective: 1st June 2024
Last Updated: 1st June 2024
In addition to Customer Terms of Use, or other agreement (in each case the “Agreement”) entered into between SC Communications Sdn Bhd or its affiliates (“us”, “we”, “our”) and Customer, if Customer utilizes any Services listed below, Customer’s use of the Services is subject to Customer’s compliance with these Service Specific Terms, to the extent applicable.
Any capitalized terms used below that are not defined in these Service Specific Terms shall have the meanings set forth in the Agreement.
1. VOICE, VIDEO AND MESSAGING SERVICES
1.1 “Voice Conversation” means a call connected between Voice Services and an End User of Customer, which begins when the call is connected and the End User starts speaking as detected by Speech to Text technology, and ends when it is disconnected for any reason, including but not limited to End User or Bot hanging up or disconnection due to loss of network connection.
1.2 “Video Conversation” means a video call connected between Video Call Services and an End User of Customer, which begins when the video call is connected and the End User starts speaking as detected by our human agents and/or hyper-realistic avatar generated by artificial intelligence, and ends when it is disconnected for any reason, including but not limited to End User or Bot hanging up or disconnection due to loss of network connection.
1.3 Fair Use. Customer agrees that the use of the Voice and/or Video Call Services are subject to (a) each Voice and/or Video Conversation having an average call length of three (3) minutes; (b) each Bot processing up to thirty (30) concurrent Voice and/or Video Call Conversations; and (c) as well as any other call volume, call length, or other limits that may be set out in the Order Form between Customer and us (collectively, “Fair Use Limits”). If Customer exceeds any Fair Use Limits, we reserve the right to charge Customer for any overages and/or suspend the Voice and/or Video Call Services.
1.4 Voice and Video Call Requirements. Customer acknowledges and agrees that it must have a valid subscription, in good standing, with our third-party primary voice services provider and our third-party primary video call services provider (collectively, the “Third Party Services Providers”) and pay for all fees associated with Customer’s use of the Third-Party Services Providers’ services, which may include (a) voice and video call services for managing, making, receiving, and recording phone calls and video calls; and (b) messaging services for sending and receiving messages, pictures and videos. Customer agrees to comply with all of the Third-Party Services Providers’ applicable terms and policies, and for greater certainty, we shall have no liability to Customer for Customer’s inability to use the Voice and/or Video Call Services if Customer’s accounts with the Third-Party Services Providers are suspended or terminated.
1.5 Call Recordings. Calls processed through the Voice and Video Call Services are recorded and stored by the respective Third-Party Services Provider and then deleted in accordance with such Third-Party Services Provider’s data retention policies. Customer will have access to call recordings within the Voice and/or Video Call Services dashboard for at least 30 days, and transcripts of such recordings are made available in the dashboard for Customer’s view and access. An extended storage period of 60 days is provided upon the purchase of supplementary services. Our Data API can be used to export transcripts and not original call recordings.
1.6 Customer Responsibilities. Customer shall be responsible for (a) ensuring Customer provides adequate notice and/or obtains consent from end users who use the Voice and/or Video Call Services to collect caller information and record calls, in accordance with all applicable laws; (b) complying with all applicable laws, including but not limited to privacy laws, anti-spam laws, telemarketing laws, as well as applicable industry standards, such as guidance for short code campaigns.
1.7 Messaging Channel. In order to use the Messaging Channel, Customer acknowledges and agrees that it must have a valid subscription, in good standing, with our third-party messaging services provider (“Messaging Provider”) and pay for all fees associated with Customer’s use of the Messaging Provider’s services, which may include messaging services for sending and receiving messages, pictures and videos. Customer agrees to comply with all of the Messaging Provider’s applicable terms and policies.
2. THIRD-PARTY PRODUCTS
If Customer uses third-party services via our platform, the customer explicitly agrees to the sharing of its relevant data directly with the third-party service provider and agrees to be bound by all of the applicable terms and policies of the third-party providers, which may include the Terms of Service, Subscription Agreement, and any applicable Supplemental Terms.
3. BETA SERVICES
3.1 Definition. We may, at its sole discretion, make features, products, or services available to Customer on a trial, beta test, early adoption, pre-release or other experimental basis (collectively, “Beta Services”).
3.2 No Support. Unless otherwise agreed to by us, we are not obligated to provide Customer with any maintenance, technical or other support for the Beta Services. If, at our option, such support is provided, Customer agrees to abide by any support rules and policies that we provide.
3.3 No Guarantee of General Release. We reserve the right to add or remove any features or functionality of the Beta Services. Customer agrees that we have no obligation to make available a general commercial version of the Beta Services. Should a general commercial version be made available, it may have features or functionality that are different from those found in the Beta Services. Access to the Beta Services does not guarantee Customer any discounts or preferential pricing upon commercial release.
3.4 Restrictions. Our direct competitors are prohibited from accessing the Beta Services, except with our prior written consent. In addition, the Beta Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.5 Disclaimer. Customer agrees that the Beta Services are being provided as “early access” features that are not ready for general commercial release and these features may contain bugs, errors, or defects. The Beta Services also rely on third-party large language models (LLMs). Accordingly, the Beta Services are provided “as is.” We and our affiliates and licensors make no representations or warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, regarding the Beta Services, including any warranty or condition that the Beta Services will become generally available, be uninterrupted, error-free, or free of harmful components, or that any content, including Customer Data, will be secure or not otherwise lost or damaged. In particular, we do not guarantee that any content generated by the features will be accurate and/or free from offensive or unauthorized content. It is Customer’s sole responsibility to monitor the content generated by the Beta Services and we disclaim any and all liability related to Customer’s use of the Beta Services. We may discontinue access to the Beta Services at any time or for any reason.
4. AUTOMATED RESOLUTIONS
4.1 Definition of Automated Resolution. An “Automated Resolution (AR)” is a Conversation between Customer and End User that is not Escalated. Such Conversations will be Relevant, Accurate and Safe.
(a) “Relevant” means, in the context of a Conversation, the Customer and the End User, and subject to content submitted to the Services by the Customer (including the Customer’s Knowledge Hub, policies, FAQs, or trained Answers), the response provided by us is applicable or related to the inquiry raised by the End User.
(b) “Accurate” means, in the context of a Conversation, the Customer and the End User, the responses provided by the Bot are accurate based on referencing, or related to, content submitted to the Services by the Customer (including the Customer’s Knowledge Hub, policies, FAQs, or trained Answers).
(c) “Safe” means, in the context of a Conversation, the Customer and the End User, and subject to content submitted to the Services by the Customer ( including the Customer’s Knowledge Hub, policies, FAQs, or trained Answers), the responses provided by the Bot, do not engage in topics that cause danger or harm to the End User or their property.
(d) “Escalated” means the End User was handed off to a live agent through the Services, or the Bot recommended contacting another Customer support channel (e.g. phone or email).
4.2 Billing for Automated Resolutions. We will invoice Customer up front ( in accordance with the billing schedule in the Order Form) for the number of Automated Resolutions purchased. Automated Resolutions will be calculated based on the average rate, using a sample size, at which Conversations result in Automated Resolutions.
5. GENERATIVE AI
The Services may contain generative artificial intelligence features that rely on internal or third-party large language models (“Generative AI, including to generate Customer Content. To the extent Customer utilizes any Generative AI features, Customer acknowledges and agrees that: (a) there is no guarantee that Customer Content generated will be unique to Customer, accurate, non-infringing, or free of offensive or unauthorized content, (b) Generative AI features should not be relied upon for medical, legal, financial, or other professional advice; and (c) Customer is solely responsible for its use of the Generative AI features, including use in compliance with applicable laws. We shall have no liability for any Customer Content generated by Generative AI features or Customer’s use of the Generative AI features.
6. UPDATES
We may update or modify these Service Specific Terms from time to time. Customer’s continued use of the Services constitutes Customer’s acceptance of the updated or modified Service Specific Terms.