Regal Terms of Service
1. Regal Website
Subject to this Agreement, Regal grants Users a non-transferable, non-exclusive, revocable, limited license to access and use the Website (other than the Regal Platform) for the Users’ personal or internal business purposes. Regal reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) or revoke access with or without notice to any Users. The rights granted to Users in this Agreement are subject to the following restrictions: (a) User may not commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; and (b) no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including by automated means (e.g., scraping or spidering).
THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND REGAL EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. REGAL MAKES NO WARRANTY THAT THE WEBSITE WILL MEET A USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. CUSTOMER FURTHER ACKNOWLEDGES THAT REGAL MAKES NO CLAIMS OR GUARANTEES ON BEHALF OF ANY TELECOM SERVICE PROVIDERS REGARDING SYSTEM CAPACITY, ACTUAL LINE CAPACITY, MESSAGE THROUGH-PUT, RESPONSE TIMES, SECURITY, PRIVACY OR DELIVERY, AND THAT REGAL CANNOT CONTROL THE TELECOM SERVICE PROVIDERS’ PERFORMANCE UNDER THEIR AGREEMENTS WITH EACH OTHER, OR WITH REGAL.
2. Regal Platform Subscription.
a. The Regal Platform. The Platform may include certain templates or other materials provided by Regal to help Customer communicate effectively with Subscribers (defined below) (“Templates,” together with the Platform, the“Service”). This Agreement hereby incorporates by reference any and all Order Forms. In the event of any conflict or inconsistency between the terms of any Order Form and this Agreement, the Order Form will control solely to the extent of the conflict or inconsistency.
As used herein, the term “Authorized User” means any employee or contractor (including any third party service provider) of Customer for whom Customer has created an account to access and use the Platform. Customer grants Regal permission for Regal to make modifications on its and its Authorized Users’ accounts on the Platform on their behalf in accordance with any specific instructions. Customer is responsible for maintaining the confidentiality of the password and account information foreach Authorized User.
b. License to Service and Subscription Platform. Subject to the terms and conditions of this Agreement, Regal hereby grants to Customer during the Term (defined below) a non-exclusive, non-transferable and non-sublicensable license to allow the Authorized Users to access and use the Platform (including any Templates therein) solely to conduct message-based marketing for Customer’s business. Regal will use commercially reasonable efforts to make the Service available at all times during the Term, except for planned downtime and any unavailability caused by circumstances beyond Regal’s reasonable control (e.g., fires, floods, acts of God, acts of government, civil unrest, service provider failures or delays, denial of service attacks, hosting facility failures or delays involving hardware, software or power systems not within Regal’s possession or reasonable control, cellular network provider problems or failures, or similar events). In the provision of the Services, Regal may use machine learning or deep learning technology operating a self-attention mechanism through neural networks to identify patterns and structures within existing data to generate new and original content based on user-supplied natural language prompts (collectively, “AI Tools”), including machine learning algorithms, natural language processing, and other artificial intelligence technologies, to perform the Agreement and provide the Services.
c. Restrictions. Customer and Authorized Users may not: (i) copy, modify, translate, or create derivative works of the Regal Offerings; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Regal Offerings; (iii) lend, lease, offer for sale, sell or otherwise use the Regal Offerings for the benefit of any third party or provide any third party except for Authorized Users with access to the Regal Offerings; (iv) attempt to disrupt the integrity or performance of the Regal Offerings; (v) attempt to gain unauthorized access to the Regal Offerings or its related systems or networks; (vi)use the Regal Offerings in a manner that violates this Agreement, any third-party rights or any applicable laws, or rules or regulations; (vii)access the Regal Offerings to build a competitive product or service or copy any ideas, features, functions, or graphics of the Service, or (viii) monitor the availability, performance or functionality of the Regal Offerings, or for any other benchmarking purposes, or competitive purposes. Customer acknowledges and agrees that it is responsible for the use or misuse of the Service by Authorized Users, and a breach by any Authorized User of any term of this Agreement will be deemed a breach by Customer of this Agreement.
d. Regal Ownership of Service. Except for the rights granted to Customer in Section 2(b) above, as between the parties, Regal retains all right, title and interest, including all intellectual property rights, in and to the Regal Offerings, the Regal Works (defined below) and all de-identified information that Regal’s Platform, systems or applications automatically collect regarding use of the Service and the Platform’s performance (“Diagnostic Data”). All rights that Regal does not expressly grant to Customer in this Agreement are hereby reserved. Regal does not grant any implied licenses under this Agreement.
e. Customer Data. Customer is solely responsible for all Data (defined below) provided to or transmitted via the Platform. As between the parties, Customer owns all Data (defined below). Customer hereby grants to Regal a non-exclusive and non-transferable (except pursuant toSection 11(c) below) license to access, use, modify, delete, host, copy, disclose, process and transmit the data, information, text, software, music, sounds, photographs, graphics, audio, video, messages and other content and materials transmitted to or through the Platform by Customer or its Authorized Users (except for Diagnostic Data and Feedback (defined below)) (collectively, “Data”) solely (i) to provide and improve the Service, (ii) to provide support services and prevent or address service or technical problems, and (iii) as permitted in accordance with the Confidentiality section below or as required by applicable law. Data may be processed by AI Tools used to provide the Services. In such event, Data shall not be used by Regal to directly or indirectly train, refine, or otherwise improve AI Tools for the benefit of anyone butCustomer.
f. Feedback. From time-to-time, Customer may make available to Regal, directly or indirectly, feedback, analysis, suggestions and/or comments related to the Service (collectively, “Feedback”). Customer hereby grants to Regal a perpetual and irrevocable right to use such Feedback to provide and improve the Service without any compensation or credit to Customer.
g. Training and Support. Regal may provide commercially reasonable training and support in connection with the Service, in its sole discretion. Any such training or support would be available via email to hello@regal.ai. Regal will only respond to requests for training or support from the Authorized Users.
h. Service Provider. Regal acts as a service provider to Customer as defined by the California Consumer Privacy Act (the “CCPA”). To the extent that Regal processes any Personal Data (as defined in the DPA) contained in Data, on Customer’s behalf, in the provision of the Service and Customer is subject to the terms of the CCPA, the terms of the data processing addendum at https://www.regal.ai/dpa/ (“DPA”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.
i. Use Guidelines. Customer shall not: (a) send via or store within the Service unlawful, offensive or tortious material; (b) use the Service to imitate or impersonate another person; (c) create accounts for the purposes of, or send, unsolicited messages (spam), illegal contests or gambling, junk mail, chain letters, or pyramid or multilevel-marketing schemes; (d) send via or store within the Service any adult content, content promoting illegal drugs, (e) send via or store within the Service any messages that are defamatory, harassing, threatening or abusive, which includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin, gender, or sexual orientation; (f) send messages to individuals who have asked not to receive future messages from Customer (opted out); (g) send via, upload to, or store within the Service any malicious code, virus, worms, time bombs, Trojan horses or other harmful code, files, scripts, agents or programs; (h) use the Service to violate the intellectual property, privacy, publicity or other rights of any third party; (i) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (j) attempt to gain unauthorized access to the Service or its related systems or networks; or (k)use the Service to establish an individual’s eligibility for credit, employment or insurance. Regal may screen or use automated means to filter your Messages and block your Data due to Messages or message keywords that Regal has determined, in its sole discretion, may violate this Agreement (including these Use Guidelines), an applicable law, rules or regulation, or the rights of any third party.
j. Federal Government End Use Provisions. Regal provides the Service, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data– Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Regal to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
k. Privacy Policy. Customer agrees it will have and abide by a legally compliant consumer facing privacy policy and will comply with all applicable laws, policies, and regulations relating to the collection, use, disclosure and other processing of personal information from individuals, including Regal’s data collection and use on behalf of Customer pursuant to this Agreement. Customer’s privacy policy shall provide notice of Regal’s data collection and use on behalf of Customer as contemplated by the Service, including, but not limited to, the use of cookies, scripts, tags and other similar technologies to collect data from individual consumers if applicable to the Service. Customer will ensure that each applicable consumer is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the individual’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by applicable law.
l. Export Regulations. Without limiting Section 2b(vi), Customer agrees to comply, and will ensure that the Authorized Users comply, with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic inArms Regulations maintained by the Department of State. Specifically, Customer covenants that it will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any products, service, or technology (including products derived from or based on such technology) received from Regal under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
m. Customer Marks. Regal may use Customer’s name and logo (collectively, the “Customer Marks”) in both print and electronic media to identify Customer as a Regal customer. If Customer in its reasonable discretion determines that Regal’s use of the Customer Marks is derogatory, defamatory or detrimental to Customer’s business or reputation, then Customer may revoke the right granted to Regal in this Section upon providing written notice to Regal.
n. SMS. When you opt-in to the service, you agree to receive marketing text messages from Regal. We will send you a message to confirm your signup. Message and data rates may apply. Message frequency varies. Text "HELP" for help. Text "STOP" to cancel. You can cancel this service at any time. Just text "STOP" to 40207. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. If at any time you forget what keywords are supported, just text "HELP" to 40207. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
For all questions about the services provided by this short code, you can send an email to support@regal.ai. If you have any questions regarding privacy, please read our privacy policy at https://regal.ai/privacy.