Terms & Condition

Subscriber's Responsibility for Compliant Use of OpenMic AI Services

The Subscriber recognizes that OpenMic AI supplies tools for responsible utilization. It is the Subscriber's exclusive duty to use these tools appropriately. Ongoing access to OpenMic AI Services is conditional upon the Subscriber adhering to these Terms of Use. While OpenMic AI may oversee uploads, it is not obliged to do so and is not liable for the content of uploaded information, databases, or audio messages. In line with these Terms of Use, the Subscriber is also bound to abide by all relevant laws and regulations.

Adherence to Telemarketing and Automated Dialing Regulations

The Subscriber commits to observing all relevant federal and state telemarketing laws, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and Do-Not-Call regulations. This also encompasses state-level laws and requirements concerning automated calls and texts. The Subscriber is responsible for providing truthful Caller ID details, delivering all mandatory legal disclosures, and ensuring complete compliance with these regulations.

Mandatory Consent for Certain Communications

The Subscriber acknowledges the necessity of obtaining recipient consent for specific forms of communication and understands that different types of communication may require varying levels of consent. The Subscriber agrees not to initiate communications without the required consent or established business relationship as mandated by law. The Subscriber is responsible for maintaining records of such consent or exemptions and must furnish OpenMic AI with certified copies upon request.

Terms of Service Agreement

This Agreement between OpenMic AI (Owned & Operated by Better Financial Corporation), and the Subscriber governs the use of our platform services, which includes our programs, features, account portals, and technical support. This Agreement applies to all Subscribers, regardless of whether they pay for the services. Continued use of our services constitutes acceptance of this Agreement, which may be updated periodically on our website.

General Usage and Intellectual Property

The content on this website is protected and may not be duplicated or used for derivative works without OpenMic AI's express permission, barring certain limitations. Subscribers are granted limited access to the website's content, provided they do not alter it and adhere to all intellectual property notices. This limited permission does not extend to content with its own licensing terms.

Subscriber's Data Rights and Responsibilities

Subscribers grant OpenMic AI a comprehensive license to utilize, reproduce, and distribute the data they provide for the purpose of fulfilling OpenMic AI's obligations under this Agreement. This includes research, development, and monitoring usage for business activities.

Usage Data Ownership

OpenMic AI holds exclusive rights to any data related to the Subscriber's use of the Services. This data is not considered part of the Subscriber Data and may be utilized and disclosed by OpenMic AI without restrictions.

Confidentiality Agreement

Both parties agree to maintain the confidentiality of information disclosed during the performance of the Services. This includes information marked as confidential, verbally communicated as such, or any information that should reasonably be considered confidential. The Receiving Party shall not disclose or use such information except as required for fulfilling obligations or rights under this Agreement or as required by law, with proper care and discretion.

Indemnification by Subscriber

The Subscriber is responsible for defending OpenMic AI against any claims or legal actions arising from the Subscriber's breach of this Agreement, negligence, misconduct, or use of the Services. This includes covering all associated costs and legal fees.

Warranty and Liability Limitations

OpenMic AI provides its website and services 'as is,' without any warranties. The Subscriber uses the Services at their own risk. OpenMic AI is not liable for any indirect or consequential damages arising from the use of the Services.

Compliance with Legal Standards

The Subscriber must use the Services in accordance with all applicable laws and regulations, including those related to telemarketing and data privacy.

Third-Party Content and Services

OpenMic AI is not responsible for any third-party content or services linked to or from its Service. The Subscriber uses these third-party services at their own risk and is responsible for any associated fees.

Relationship Definition

OpenMic AI and the Subscriber are independent contractors. This agreement does not create any other form of partnership or joint venture between the parties.

Dispute Resolution Mechanism

All disputes related to this Agreement will be resolved exclusively through arbitration, as per the American Arbitration Association rules, in New York State. Each party waives the right to a class action lawsuit.

Governing Law

This Agreement is governed by New York State law, with all claims and disputes to be resolved in state or federal courts located in Brooklyn, New York.

International Compliance and Data Privacy

The Subscriber must comply with all relevant export laws and regulations and is not permitted to use the Services for processing data of individuals outside the United States.

Severability and Survival of Terms

If any part of this Agreement is deemed invalid, the remaining provisions will continue in effect. Certain terms will survive the termination of this Agreement.

Waiver and Miscellaneous Terms

No waiver of any term is effective unless in writing. Each party confirms its legal capacity to enter this Agreement. Force majeure events may suspend obligations under this Agreement. OpenMic AI may assign its rights without notice, but the Subscriber requires written consent for assignment.

Please review and ensure these rephrased sections align with your legal needs and standards