ULTIMA MERCURY TERMS OF USE AGREEMENT

Ultima Insights LLC Terms of Service, Privacy Policy, and Additional Policies

Welcome

Ultima Insights LLC welcomes you to our Services, including https://www.ultimainsights.ai, our sales intelligence service, and email services (collectively referred to as "Services"). Please read the following Terms of Service, Privacy Policy, and additional policies, which constitute a license that covers your use of our Services.

By accessing or using our Services, you acknowledge that you have read, understand, and agree to these terms. If you do not wish to be bound by these terms then you may not use our Services.

1. Use of Our Services

You may use our Services only if you agree to form a binding contract with Ultima Insights LLC and are not barred from receiving services under applicable laws. Our Services are restricted to use solely by authorized users. Any other use is prohibited.

You may use our Services only for legitimate and lawful purposes. You will comply with all applicable laws, rules and regulations in connection with your use of our Services.

You may access and use our Services only as intended by Ultima Insights LLC. You will not access or use our Services for analysis of us as a competitor or benchmarking another service against our service. You will not access, monitor or copy any content or information on our Services using bots, scrapers, spiders or other automated means.

2. Platform Terms

Authorized platform users may access the Ultima Insights LLC Mercury platform solely for your own use in accordance with these Terms and your subscription plan. You may not share login credentials or access with third parties. Ultima Insights LLC may monitor usage of the platform and suspend or terminate any user account for violation of these Terms.

3. User Accounts

You are responsible for safeguarding your user account credentials for any of our Services. You agree to accept responsibility for all activities that occur under your account. You will notify us immediately if you believe your account has been compromised.

4. Privacy Policy

We respect the privacy of users of our Services. We collect certain personal information about you when you use our Services. This information allows us to improve our Services and provide products and services that better meet your needs.

Information We Collect: We collect information you submit to us, such as your name, email address, phone number, payment information, and any other information you choose to provide, such as authorization token for access to select features in your gmail, outlook, or other email account if you choose to enable certain functionality on our platform. We also collect information through the use of cookies and similar technologies that allow us to recognize you and remember your preferences.

How We Use Information: We use your information to operate, maintain, and provide our Services. This includes using information to create user profiles, communicate with you about our Services, process payments, and provide support. We also use information to develop new products and services that we think you will find useful.

Information Sharing: We do not sell or rent your personal information to third parties for their marketing purposes. We may share aggregated or anonymized data with third parties for research, analytics or similar purposes. If required, we may also disclose personal information to comply with valid legal processes.  

Your Rights: You have certain rights with respect to your personal information as provided by applicable law. This includes rights to access, correction, and deletion of your personal information.

Contact Us: If you have any questions about our privacy practices or this policy, please contact us at hello@ultimainsights.ai.

5. Social Media Policy

By consenting to the terms of this agreement you agree that you will not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:

i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;

iii. any encouragement of illegal activity;

iv. unauthorized use or disclosure of private, personally identifiable information of others; or

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others (third party content) in the absence of a valid license or other right to do so.

You further agree that you will not maliciously disparage, slander, commit libel against, or otherwise post publicly, malicious negative content intended to defame, tarnish, or embarrass Ultima Insights LLC, its affiliates, any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like.

Ultima Insights LLC respectfully requests that any negative feedback or dissatisfaction with the features, the Mercury Platform, its related functionality, or its ease of use be communicated to Ultima Insights LLC through internal channels for use in further development of the product. The provisions of the section are not intended to discourage Users or Licensees from publicly reviewing the product (positively or negatively) in good faith; moreover, Ultima Insights LLC respects all user’s rights under 15 USC 45b, et seq.

6. Proprietary Information

Ultima Insights LLC considers our Services and related information, including our data, tools, analysis, and any software or code, to be our proprietary information and trade secrets. Users acquire only the right to use the Services subject to these Terms. Users do not acquire any ownership rights.

Ultima Insights LLC does not disclose any proprietary information to competitors or potential competitors. Users shall not use any part of our Services, including design, code or information gained through access, to develop or enable a competing product or service.

7. Intellectual Property Rights

Ultima Insights LLC and our licensors own all intellectual property and other rights in the Services, including our data, tools, analysis, and any software or code. We grant users only a limited, revocable license to access and use our Services subject to these Terms. You have no other rights of ownership or access.

If you provide any feedback or suggestions to Ultima Insights LLC about our Services, you grant us the right to use your feedback or suggestions for any purpose without restriction or compensation.

8. Email Integration User Data

Some of Ultima Mercury's features may require integration with email sending services, such as Google's Gmail or Outlook.

Ultima will only request access to the scopes necessary for sending emails on behalf of the user, and will only send specific emails that the user approves and sends via the Ultima Mercury platform; no other emails will be sent. Additionally, Ultima will sync user attributes, such as first and last name and profile picture, with the information provided from the integration.

Ultima Mercury will record the email that was send, including the body text, subject, to, cc, and bcc addresses. With this information and self reported KPI's such as response rate, meeting set rates, and sales qualification rate, Ultima will continue to train and fine tune models and systems for generating future emails. However, the email and its contents, including recipients and subject, will remain confidential.

Ultima does not request access to a user's inbox to view emails. All data around responses, meeting set rates, and sales qualification rates are self reported by the users. The scope of Ultima's request is limited to the ability to send approved emails on behalf of the user.

Additionally, we request offline access to collect refresh tokens from the user.

9. Limited Use Requirements

Ultima Mercury's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

10. Disclaimers

Our Services and related information are provided on an "as is" basis without warranties of any kind, express or implied.

To the fullest extent permitted by law, Ultima Insights LLC disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations that our Services are appropriate or available for use in all locations.

11. Limitation of Liability

Under no circumstances shall Ultima Insights LLC be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services and related information, whether or not the damages were foreseeable.

The limitations in this section apply to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion of implied warranties or exclusion/limitation of certain damages, so those limitations and exclusions may not apply to you.

12. Indemnification

You will indemnify, defend and hold harmless Ultima Insights LLC from any third party claims, liability, damages or costs arising from your improper use of the Services or violation of these Terms.

13. Termination

We reserve the right to suspend, restrict or terminate your access to any Ultima Insights Services at any time, without notice or liability. We may change, suspend or discontinue any of our Services at any time.

14. Governing Law

These Terms are governed by the laws of the State of Michigan without regard to conflict of law principles. Any dispute arising from these Terms will be resolved in the state or federal courts located in Washtenaw County, Michigan.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Services after any changes become effective, you agree to be bound by the revised Terms.

Contact Us

If you have any questions about these Terms, Privacy Policy, or other policies related to our Services, please contact us at: support@ultimainsights.ai