Terms of Service
Last Updated: April 17, 2025
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the Neural Technology Services, Inc. customer relationship management system, Sphere, and related services (collectively, the "Service"). By accessing, registering for, or using our Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
2. Service Description
Neural Technology Services, Inc. provides a cloud-based customer relationship management platform designed to help businesses manage customer interactions, data, and relationships. Features may include contact management, sales automation, marketing tools, analytics, and reporting functions.
3. Account Registration and Security
3.1 Account Creation
To use our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for:
Maintaining the confidentiality of your account credentials
Restricting access to your account
All activities that occur under your account
You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 User Management
If you register on behalf of a company, you may create user accounts for your employees or contractors. You are responsible for:
Managing these user accounts
Ensuring users comply with these Terms
Promptly deactivating accounts when users no longer require access
4. Subscription and Payment Terms
4.1 Subscription Plans
We offer various subscription plans with different features, limitations, and pricing. The specific details of your subscription will be provided during the registration process or as otherwise agreed upon in writing.
4.2 Payment
You agree to pay all fees associated with your subscription. Unless otherwise stated:
All fees are quoted in $USD
Payments are due in advance
Subscription fees are non-refundable
We may change our fees upon notice before a renewal term
4.3 Taxes
Fees do not include any taxes, levies, duties, or similar governmental assessments. You are responsible for paying all taxes associated with your purchases.
4.4 Subscription Term and Renewal
Your subscription begins on the date you sign up and continues for the initial term specified in your order. Unless otherwise stated or terminated as provided in these Terms, your subscription will automatically renew for successive periods equal to the initial term.
4.5 Free Trial
If you register for a free trial, it will last for the period specified during registration. We may require payment information to register for a trial. At the end of the trial, we may automatically begin charging you for the subscription unless you cancel before the trial ends.
5. Customer Data and Privacy
5.1 Customer Data
"Customer Data" means any data, information, or material that you or your users provide or submit to the Service. You retain all rights to your Customer Data. You grant us a limited license to use, host, and process Customer Data solely to provide and maintain the Service.
5.2 Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
6. Proprietary Rights
6.1 Our Intellectual Property
The Service, including all software, algorithms, designs, graphics, interfaces, logos, documentation, and other content, and any modifications or derivative works thereof, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
6.2 License to Use the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the subscription term solely for your internal business purposes.
6.3 Restrictions
You shall not:
Copy, modify, or create derivative works of the Service
Reverse engineer, decompile, or disassemble the Service
Remove any copyright, trademark, or other proprietary notices
Access the Service to build a competitive product or service
Use the Service to store or transmit infringing or unlawful material
Use the Service to store or transmit malicious code or viruses
Interfere with or disrupt the integrity or performance of the Service
Attempt to gain unauthorized access to the Service or its systems
6.4 Feedback
If you provide suggestions, ideas, or feedback about the Service, we may use them without restriction or compensation to you.
7. Customer Obligations and Acceptable Use
7.1 Compliance with Laws
You agree to use the Service in compliance with all applicable laws, regulations, and third-party rights.
7.2 Acceptable Use
You shall not use the Service to:
Violate any applicable laws or regulations
Infringe the intellectual property rights of others
Send unsolicited communications (spam)
Harass, abuse, or harm others
Transmit any material that is defamatory, obscene, or offensive
Interfere with or disrupt networks connected to the Service
7.3 User Conduct
You are responsible for all activities conducted through your account and for your users' compliance with these Terms.
8. Third-Party Services and Content
The Service may integrate with or contain links to third-party services or content. We do not control third-party services or content, and we are not responsible for their availability, accuracy, or practices. Your use of any third-party services or content is at your own risk and subject to any additional terms applicable to such services or content.
9. Service Levels and Support
9.1 Service Levels
We will use commercially reasonable efforts to make the Service available according to our service level agreement (SLA), if applicable to your subscription plan.
9.2 Technical Support
We will provide technical support according to the terms of our support policy for your subscription plan.
9.3 Modifications to the Service
We may modify the Service at any time, including adding or removing features or functions. If we make material changes that significantly reduce the functionality of the Service, we will provide you with notice.
10. Term and Termination
10.1 Term
These Terms will continue until your subscription expires or is terminated.
10.2 Termination for Cause
Either party may terminate these Terms if the other party:
Materially breaches these Terms and fails to cure within 30 days after notice
Becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy proceedings
10.3 Termination for Convenience
You may terminate your subscription at any time by following the termination procedures in your account settings or by contacting our support team. No refunds will be provided for any remaining subscription period unless otherwise required by law.
10.4 Effect of Termination
Upon termination:
Your access to the Service will cease
We may delete your Customer Data after a reasonable period, typically 30 days
Sections of these Terms that by their nature should survive will remain in effect
11. Warranties and Disclaimers
11.1 Our Warranties
We warrant that:
We have the right to provide the Service
The Service will perform materially in accordance with its documentation
We will not materially decrease the functionality of the Service during your subscription
11.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
12.1 Exclusion of Certain Damages
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
12.2 Liability Cap
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
12.3 Exceptions
The limitations in this section will not apply to liability arising from:
Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Payment obligations
Any other liability that cannot be excluded under applicable law
13. Indemnification
13.1 Our Indemnification
We will defend, indemnify, and hold you harmless from and against any third-party claim that the Service infringes any intellectual property right, provided that you promptly notify us, cooperate with us, and allow us to control the defense and settlement.
13.2 Customer Indemnification
You will defend, indemnify, and hold us harmless from and against any third-party claim arising from:
Your Customer Data
Your use of the Service in violation of these Terms or laws
Your violation of any third-party rights
14. Confidentiality
14.1 Definition
"Confidential Information" means all non-public information disclosed by one party to the other, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
14.2 Obligations
Each party agrees to:
Protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information
Not disclose the Confidential Information to any third party except as necessary to perform its obligations under these Terms
Use the Confidential Information only as necessary to perform its obligations under these Terms
14.3 Exceptions
Confidential Information does not include information that:
Is or becomes generally known to the public
Was known to the receiving party prior to disclosure
Was independently developed by the receiving party
Is received from a third party without restriction
15. Changes to Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service or by other means. If you continue to use the Service after the changes take effect, you agree to the revised Terms.
16. General Provisions
16.1 Entire Agreement
These Terms, including any order forms, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
16.2 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
16.3 Force Majeure
Neither party will be liable for failure or delay resulting from circumstances beyond its reasonable control.
16.4 Relationship of the Parties
These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship between the parties.
16.5 No Waiver
No failure or delay in exercising any right under these Terms will constitute a waiver of that right.
16.6 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
16.7 Governing Law
These Terms will be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
16.8 Dispute Resolution
Any dispute arising from these Terms will be resolved in the courts of [Your Jurisdiction], and you consent to the exclusive jurisdiction and venue of those courts.
16.9 Export Compliance
The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations.
16.10 Government Users
If you are a U.S. government entity, you acknowledge that the Service is a "commercial item" as defined in 48 C.F.R. 2.101.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Neural Technology Services, Inc.
5318 Sw 49th Ave
Ocala, FL 34474
legal@neural.io
(855) 467-5462
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.