This Terms of Service Agreement (“Agreement”) is a binding legal agreement between Conquer.io, Inc., a Delaware corporation (“Conquer,” “we,” “us,” or “our”) and the entity or individual agreeing to these terms (“Customer,” “you,” or “your”). This Agreement governs your access to and use of the Services.
By executing a Sales Order that references this Agreement, clicking “I Accept,” or by using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case “Customer,” “you,” or “your” shall refer to such entity.
Last updated: December 2, 2025
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“AI-Generated Content” means any summaries, transcriptions, analytics, classifications, data, or other content generated by the Services’ machine learning or artificial intelligence features from the processing of Recorded Data.
“Authorized User” means an individual (e.g., an employee, contractor, or agent of Customer) who is authorized by Customer to use the Services and has been supplied user credentials by Customer (or by Conquer at Customer’s request).
“Customer Data” means all electronic data or information submitted by or for Customer to the Services, including Recorded Data and any data from Customer’s Salesforce account processed by the Services, limited to configurations authorized by Customer.
“Documentation” means the applicable service documentation and user guides provided by Conquer.
“Mobile Application” means the Conquer mobile software application that allows Authorized Users to access certain features of the Services from a mobile device.
“Sales Order” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Conquer.
“Recorded Data” means the audio and video recordings of phone calls and in-person meetings, including related metadata, captured by Authorized Users through the Services.
“Services” means the Conquer.io sales engagement platform, including the Salesforce-native application, the Mobile Application, and any related software, AI processing features, and support services provided by Conquer to Customer as specified in an Sales Order.
“Subscription Term” means the period during which Customer is entitled to access the Services under an applicable Sales Order.
“Third-Party Services” means any third-party products, applications, services, or integrations (such as Salesforce) that Customer uses in connection with the Services.
2.1. Provision of Services. Conquer will make the Services available to Customer and its Authorized Users pursuant to this Agreement and the applicable Sales Order. Conquer does not guarantee any specific uptime or performance level unless explicitly set forth in an Sales Order or Service Level Agreement (SLA).
2.2. License Grant. Subject to the terms of this Agreement, Conquer grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable right and license during the Subscription Term to access and use the Services, solely for Customer’s internal business purposes.
2.3. Mobile Application. Conquer grants Customer a license to install and use the Mobile Application on devices owned or controlled by its Authorized Users. Use of the Mobile Application may be subject to the terms and conditions of the application marketplace from which it was downloaded (e.g., Apple App Store, Google Play Store).
3.1. User Accounts. Customer is responsible for all activities that occur in Authorized User accounts and for Authorized Users’ compliance with this Agreement. Customer shall: (a) have sole responsibility for the accuracy, quality, and legality of Customer Data; (b) use commercially reasonable efforts to prevent unauthorized access to the Services, and notify Conquer promptly of any such unauthorized access; and (c) use the Services only in accordance with the Documentation and applicable laws.
3.2. Use Restrictions. Customer and its Authorized Users shall not: (a) sell, resell, rent, or lease the Services; (b) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material; (c) interfere with or disrupt the integrity or performance of the Services; (d) attempt to gain unauthorized access to the Services or their related systems; or (e) reverse engineer, decompile, or otherwise attempt to discover the source code of the Services.
3.3. Recording Compliance and Consent.
(a) Sole Responsibility. Customer acknowledges that the Services include features that allow for the recording of telephone calls and in-person meetings. Customer is solely responsible for ensuring its use of these recording features complies with all applicable federal, state, and local laws, including but not limited to laws related to wiretapping, eavesdropping, and privacy.
(b) Consent. Customer represents and warrants that it will, prior to recording any communication, obtain all necessary consents and provide all necessary notices required by law from all participants in the communication. This includes, without limitation, requirements for two-party consent in certain jurisdictions.
(c) Conquer as a Tool. Customer agrees that Conquer provides the tool to enable recording, but Customer and its Authorized Users initiate and control the recording. Conquer does not monitor or access Recorded Data except as necessary to provide, maintain, or support the Services and disclaims all liability related to Customer’s failure to comply with its legal obligations.
The Services are designed to integrate with Third-Party Services, such as Salesforce. Conquer does not warrant or support Third-Party Services. Customer is responsible for complying with any terms and conditions applicable to its use of any Third-Party Services and for any data it shares between the Services and such Third-Party Services. Conquer disclaims liability for any data loss, breach, or issue originating from Third-Party Services.
5.1. Conquer IP. Conquer retains all right, title, and interest in and to the Services, the Documentation, and all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement.
5.2. Customer Data. As between Conquer and Customer, Customer owns all Customer Data. Customer grants Conquer and its Affiliates a worldwide, limited-term license to host, copy, transmit, and display Customer Data as reasonably necessary for Conquer to provide, maintain, and improve the Services in accordance with this Agreement. Conquer will not use Customer Data to train general or unrelated AI models without Customer’s express written consent.
5.3. AI-Generated Content. Customer owns the AI-Generated Content derived from its Customer Data. Conquer retains all rights to the underlying algorithms, models, and intellectual property used to generate such content but may retain anonymized usage data to improve the Services.
5.4. Feedback. Customer grants Conquer a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestion, enhancement request, recommendation, or other non-identifying feedback provided by Customer or its Authorized Users relating to the operation of the Services.
Each party agrees to treat as confidential all non-public information received from the other party that is marked as confidential or that a reasonable person would understand to be confidential. This obligation will not apply to information that is publicly known, already in the receiving party’s possession, or independently developed. Upon termination, each party shall return or destroy the other party’s Confidential Information upon request, subject to applicable data retention laws.
7.1. Mutual Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement.
7.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS.” CONQUER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. CONQUER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
7.3. AI Content Disclaimer. Customer acknowledges that AI-Generated Content is produced by automated systems and may contain inaccuracies or biases. Conquer is not responsible for any decisions or actions taken by Customer in reliance on AI-Generated Content. AI-Generated Content does not constitute legal, financial, or other professional advice.
Customer will defend, indemnify, and hold harmless Conquer, its Affiliates, and their respective officers, directors, and employees from and against any and all claims, damages, losses, and expenses arising out of or related to: (a) Customer’s or its Authorized Users’ breach of this Agreement; (b) the Customer Data, including any claim that the Customer Data infringes the rights of a third party; or (c) Customer’s violation of any applicable laws, rules, or regulations, including, without limitation, any failure to obtain necessary consent for recording communications. Conquer will indemnify Customer for third-party claims alleging that the Services infringe valid intellectual property rights, provided Customer promptly notifies Conquer and cooperates in defense.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS SHALL NOT APPLY TO: (a) BREACHES OF CONFIDENTIALITY; (b) INDEMNIFICATION OBLIGATIONS; OR (c) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
This Agreement commences on the date Customer first accepts it and continues until all subscriptions hereunder have expired or have been terminated. Either party may terminate this Agreement for cause if the other party is in material breach and fails to cure such breach within 30 days of receiving notice. Upon termination, Customer shall have 30 days to export its Customer Data.
11.1. Governing Law. This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law principles.
11.2. Jurisdiction. Any legal suit, action, or proceeding arising out of this Agreement shall be instituted in the federal or state courts located in Denver County, Colorado.
11.3. Entire Agreement. This Agreement, including all exhibits and addenda hereto and all Sales Orders, constitutes the entire agreement between the parties and supersedes all prior agreements.
11.4. Notices. All notices under this Agreement will be in writing and sent to: Finance@conquer.io.
11.5. Assignment. Neither party may assign this Agreement without the other’s prior written consent, except to an Affiliate or in connection with a merger, acquisition, or sale of assets.
11.6. Force Majeure. Neither party shall be liable for delay or failure due to causes beyond its reasonable control.
11.7. Export Compliance. Each party agrees to comply with all applicable export control and trade laws.
