TellJen.com – Terms & Conditions

1 Acceptance & Eligibility

By accessing or using TellJen.com (the "Service," "TellJen," "we," or "us"), you ("Client" or "you") agree to be bound by these Terms & Conditions ("Terms"). If you do not accept all provisions, do not use the Service.

2 Service Description

TellJen.com provides an AI-driven feedback platform that interviews prospects and delivers analytics, summaries, and recommendations. Processing and generation are performed in part by large language models ("LLMs") and other machine-learning systems hosted on third-party infrastructure.

3 LLM & AI-Specific Disclosures

Probabilistic Outputs. LLM responses are generated statistically and may be incomplete, inaccurate, or offensive; do not rely on them as the sole source of truth.

Human Review Required. You must independently vet any insight before acting on it, especially for legal, medical, financial, or other high-impact decisions.

Similarity & IP. Because of the nature of generative AI, similar outputs may be produced for different users, and no output is guaranteed to be unique.

4 Data Ownership, Usage & Limited Employee Access

Input & Output. You retain all rights in data you upload ("Input") and, subject to these Terms, own all resulting content ("Output").

License to TellJen. You grant TellJen a worldwide, royalty-free license to use Input and Output solely to provide, maintain, and improve the Service.

Authorized Access for Quality Control. Selected, authorized TellJen employees may access conversation transcripts and related data only for (i) quality-assurance reviews, (ii) troubleshooting reported issues, (iii) improving system performance, or (iv) verifying compliance with these Terms. Such personnel are bound by confidentiality obligations at least as protective as those in § 9.

5 Privacy & Security

TellJen implements commercially reasonable administrative, technical, and physical safeguards to protect data. Absolute security cannot be guaranteed; you accept the residual risk of unauthorized access, disclosure, or loss beyond our reasonable control.

6 Client Responsibilities

You will:

• Obtain all rights and consents needed to provide Input;
• Not upload regulated sensitive data (e.g., PHI, payment-card data, children's data) unless we sign a separate written addendum;
• Keep account credentials confidential and notify us immediately of any breach.

7 Fees & Payment (if applicable)

Fees, billing cycles, and payment methods appear in the Order Form. All fees are non-refundable except as required by law. Late payments accrue 1.5% monthly interest or the maximum rate allowed.

8 Intellectual-Property Rights

TellJen and its licensors own all right, title, and interest in the Service, software, and branding. No licence is granted except as expressly stated.

9 Confidentiality

Each party must protect the other's Confidential Information using the same degree of care it uses for its own (but no less than reasonable care) and may use it only to fulfil these Terms. Exclusions apply for information that is public, independently developed, or rightfully obtained from a third party.

10 Warranties & Disclaimers

THE SERVICE (INCLUDING ALL AI OUTPUT) IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11 Limitation of Liability

Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

Cap. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) USD 500 OR (B) THE AMOUNT YOU PAID TO TELLJEN IN THE 12 MONTHS PRECEDING THE CLAIM.

Basis of Bargain. The limitations herein form an essential basis of the bargain between the parties.

12 Indemnification

You will indemnify, defend, and hold harmless TellJen and its affiliates against all claims, damages, costs, and expenses arising from (i) your Input or use of Output, (ii) your violation of these Terms, or (iii) your violation of applicable law.

13 Suspension & Termination

We may suspend or terminate access if (a) you breach these Terms, (b) required by law, or (c) your use risks harm to TellJen or others. Upon termination, your licence ends and you must cease all use. Certain clauses (e.g., IP, confidentiality, limitation of liability) survive.

14 Modifications

TellJen may update the Service or these Terms at any time. Material changes will be notified via email or in-app. Continued use after the effective date constitutes acceptance.

15 Governing Law & Venue

These Terms are governed by the laws of the State of New Hampshire, USA, without regard to conflict-of-laws principles. Exclusive jurisdiction lies in the state or federal courts located in Rockingham County, NH. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

16 Dispute Resolution (Optional Arbitration Clause)

Either party may elect to resolve any claim (except IP or injunctive relief) by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Manchester, NH. Judgment on the award may be entered in any court of competent jurisdiction.

17 Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control (including outages, strikes, epidemics, supplier failures, or natural disasters) so long as it uses reasonable efforts to mitigate.

18 Entire Agreement & Miscellaneous

These Terms, any Order Form, and referenced policies constitute the entire agreement and supersede all prior or contemporaneous agreements. No waiver is effective unless in writing. If any provision is unenforceable, the remainder remains in force. Neither party may assign these Terms without the other's written consent, except to an affiliate or in connection with a merger or sale of assets.