Terms
The terms for accessing and using lilis.
Last updated
1. The service
lilis receives messages sent to Customer's connected channels, processes them, and proposes actions. Actions that communicate outside Customer's organization require approval by a Customer user before they occur, except for a limited set of acknowledgment features Customer explicitly enables.
lilis is a managed service. We configure and maintain it on Customer's behalf as described in the applicable order.
lilis is not a system of record, a backup service, or a legal, financial, insurance, medical or tax advisor. Output is drafted by automated systems and reviewed by Customer's people. Customer remains responsible for everything sent from its accounts.
2. Accounts
Customer is responsible for its users, for their actions, and for keeping credentials secure. Customer must promptly remove users who should no longer have access. Customer must be a business; the service is not offered to consumers or to anyone under 18.
3. Customer's responsibilities
Messages processed through the service, and information Customer enters, belong to Customer and remain Customer's responsibility.
- Lawful basis. Customer represents that it is entitled to process the communications it directs to the service, including its own customers' messages.
- Messaging consent and compliance. Customer is responsible for obtaining consent to send text messages and for complying with applicable law, including the Telephone Consumer Protection Act, carrier rules, and any applicable state law. We enforce STOP requests automatically; that does not make us responsible for Customer's consent practices.
- Email practices. Bounces and complaints are recorded and surfaced. We do not automatically prevent sending to an address that previously bounced. Customer is responsible for its own list practices.
- Prohibited uses. No unlawful activity, no unsolicited bulk messaging, no attempts to breach or overload the service, no use to harass, no reverse engineering, and no reselling access without a written agreement.
4. Our commitments and their limits
We will operate the service with reasonable care, apply the security practices described in the privacy notice, tell Customer before adding a sub-processor, and give notice before materially reducing functionality.
There is no service level commitment. We do not commit to a specific uptime percentage and we do not offer service credits. This is deliberate and we state it rather than bury it.
What we do commit to instead is failure behavior: when a component or an outside service fails, the service is designed to surface the affected item for human handling rather than fail silently or produce fabricated output. Messages received are not discarded.
Automated classification and drafting are probabilistic. Output may be wrong. The approval step exists because of this, and Customer's review is a required part of the service rather than an optional safeguard.
5. Fees
Fees, billing period and usage allowances are set out in the applicable order or invoice. Fees are due as stated on the invoice.
Usage allowances are soft. Exceeding them does not stop messages from being processed. Sustained overage may result in a plan change on thirty days notice.
Pricing is not published on this site. Write to admin@particularlabs.com for pricing.
6. Confidentiality
Each party will protect the other's confidential information and use it only as needed under these terms. Customer's message content and business data are Customer's confidential information.
7. Intellectual property
We own the service and everything in it. Customer owns its data. Customer grants us the limited licence needed to operate the service for Customer, and nothing more. Feedback Customer gives us we may use freely.
8. Term and termination
These terms run while Customer has an account. Either party may terminate on thirty days written notice. We may suspend or terminate immediately for non-payment or for a breach of the responsibilities section above.
On termination, access ends and Customer may request its data. Deletion works as described in the privacy notice: whole-organization only, irreversible, with named exceptions that survive. We delete on request rather than on a timer, because an automatic post-termination deletion schedule is not something the system performs today.
9. Disclaimers and liability
The service is provided as-is and as-available, without warranties of any kind to the maximum extent permitted by law, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data, arising out of these terms.
Each party's total liability arising out of these terms is limited to the fees paid or payable by Customer in the twelve months before the event giving rise to the claim. This limit does not apply to a breach of confidentiality, to gross negligence or wilful misconduct, or to amounts Customer owes us.
Customer's own customers' data flows through the service. Each party will defend and indemnify the other against third-party claims arising from its own breach of these terms.
10. General
These terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida.
We may update these terms; material changes take effect at the next renewal with notice. Neither party may assign without consent, except in a merger or sale of substantially all assets. If a provision is unenforceable, the rest survives. These terms plus any order form are the entire agreement.
11. Contact
Questions about these terms can be sent to admin@particularlabs.com. Particular Labs LLC, Florida, United States.