Last updated: August 10, 2026
These Terms govern access to and use of the Ematrics platform. Please read them carefully, in particular section 05 on recording and consent, section 08 on AI Outputs, and sections 14 to 16 on disclaimers, limitation of liability and indemnification.
By using the Service you accept these Terms in full.
These Terms of Service form a binding agreement between Ematrics ("Ematrics", "we", "us") and the organisation or individual accessing the Service ("Customer", "you"). By creating an account, accessing the platform, or authorising any user to do so, you accept these Terms in full.
If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation. If you do not have that authority, or do not accept these Terms, you may not use the Service.
Where you have signed a separate written agreement or order form with Ematrics, that document governs to the extent it conflicts with these Terms.
Subject to these Terms and to payment of applicable fees, Ematrics grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for its internal business purposes during the subscription term.
Ematrics may modify, enhance, suspend or discontinue any feature of the Service at any time. We will use reasonable efforts to give notice of material adverse changes, but we do not warrant that any particular feature will remain available.
The Service is provided on a subscription basis and is not sold. All rights not expressly granted are reserved to Ematrics.
Customer is responsible for all activity occurring under its account, including the acts and omissions of every Authorised User, whether or not authorised by Customer.
Customer must maintain the confidentiality of all credentials and must notify Ematrics without undue delay of any suspected unauthorised access. Ematrics is not liable for loss arising from Customer's failure to safeguard credentials.
The Service is intended for business use by persons aged eighteen or over. Customer must not permit access by any person below that age.
Customer is solely responsible for determining whether, and on what basis, conversations may lawfully be recorded, transcribed or analysed, and for obtaining every consent, permission, authorisation and notice required before any conversation is processed through the Service.
Recording and monitoring laws differ by jurisdiction. A number of jurisdictions require the consent of every party to a conversation, and several impose specific obligations on the collection of voice data and other biometric identifiers. Ematrics does not determine which laws apply to Customer, does not obtain consent on Customer's behalf, and does not monitor Customer's compliance.
Customer represents and warrants on a continuing basis that, for every conversation processed through the Service:
Customer will maintain records sufficient to demonstrate the above and will produce them to Ematrics on request. Ematrics may suspend the Service immediately where it reasonably believes this section has been breached.
Customer will not, and will not permit any person to:
As between the parties, Customer retains all right, title and interest in Customer Data. Ematrics claims no ownership of it.
Customer grants Ematrics a worldwide, royalty-free licence to host, process, transmit, display and otherwise use Customer Data solely as necessary to provide, secure, maintain and support the Service, and to comply with law.
Ematrics may generate aggregated and de-identified data derived from use of the Service, and may use that data for any lawful business purpose, including operating, improving, benchmarking and developing its products and models. Such data will not identify Customer, any Authorised User or any Call Participant, and Ematrics will not attempt to re-identify it.
Customer represents and warrants that it has all rights, consents and lawful bases necessary to submit Customer Data to the Service and to grant the licences in this section, and that Customer Data does not infringe or misappropriate any third-party right.
Customer is responsible for the accuracy, quality, legality and appropriateness of Customer Data, and for maintaining its own backups of any material it needs to retain.
The Service uses artificial intelligence. Outputs are probabilistic, may be incomplete, inaccurate or unsuitable, and must not be relied upon as the sole basis for any decision.
Ematrics makes no representation that any Output is accurate, complete, current or fit for any purpose. Outputs including call scores, sentiment readings, transcripts, coaching notes and recommended actions are informational only.
Nothing in the Service constitutes legal, financial, employment, medical or other professional advice. Customer must not use Outputs as the sole basis for any employment decision, including hiring, discipline, compensation or termination, and is responsible for any independent verification and human review that applicable law or good practice requires.
Customer bears sole responsibility for all decisions taken in reliance on any Output, and for the consequences of those decisions.
The Service may interoperate with third-party products, including CRM, communications and calendar platforms. Those products are controlled by their providers, not by Ematrics.
Ematrics is not responsible for any third-party product, for its availability, security or accuracy, or for any act or omission of its provider. Customer's use of a third-party product is governed by that provider's terms, and any exchange of data with it is at Customer's election and risk.
Ematrics may cease supporting any integration at any time without liability.
Fees are set out in the applicable order form or quotation. Unless stated otherwise, fees are payable in advance, are non-refundable, and are exclusive of taxes, which are Customer's responsibility other than taxes on Ematrics' net income.
Ematrics may revise fees on renewal by giving notice before the end of the then-current term. Overdue amounts may accrue interest at the lower of 1.5% per month and the maximum rate permitted by law, and Ematrics may suspend the Service while any amount is overdue.
No refund or credit is due for partial periods, unused capacity, or any suspension or termination arising from Customer's breach.
These Terms run from first access until the subscription expires or is terminated. Subscriptions renew automatically for successive terms unless either party gives notice of non-renewal before the current term ends.
Ematrics may suspend or terminate access immediately, without liability, where Customer breaches these Terms, where continued provision would in Ematrics' reasonable judgement expose it to legal or security risk, or where any amount is overdue.
On termination, Customer's licence ends and Customer must cease all use. Ematrics will make Customer Data available for export for thirty days following termination, after which it may be deleted. Sections concerning data warranties, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and dispute resolution survive termination.
Ematrics and its licensors own all right, title and interest in the Service, including all software, models, algorithms, interfaces, documentation and trade marks, and all improvements to them.
Any feedback, suggestion or idea Customer provides may be used by Ematrics without restriction, attribution or compensation, and Customer assigns to Ematrics all rights in such feedback.
Each party may receive confidential information of the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers who need it and are bound by comparable obligations.
These obligations do not apply to information that is public through no breach, was known without duty of confidence, is independently developed, or is lawfully received from a third party. Disclosure compelled by law is permitted, with notice to the other party where lawful.
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
To the fullest extent permitted by law, Ematrics disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.
Ematrics does not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, that Outputs will be accurate, or that the Service will meet Customer's requirements or achieve any particular result. Any performance figures published by Ematrics are illustrative and are not a guarantee of outcome.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, the exclusions above apply to the maximum extent permitted, and nothing in these Terms affects any statutory right that cannot lawfully be excluded.
TO THE FULLEST EXTENT PERMITTED BY LAW, EMATRICS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO EMATRICS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Ematrics will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or loss, corruption or unauthorised disclosure of data, however caused and on any theory of liability, even if advised of the possibility of such loss.
These limitations apply in aggregate across all claims, are an essential basis of the bargain between the parties, and apply notwithstanding the failure of any limited remedy of its essential purpose.
Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability arising under applicable data protection law that cannot be contracted out of.
The limitations above do not apply to Customer's payment obligations or to Customer's indemnification obligations under section 16.
Customer will defend, indemnify and hold harmless Ematrics, its affiliates, officers, directors, employees and agents from and against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:
Ematrics will notify Customer of any claim, permit Customer to control the defence with counsel reasonably acceptable to Ematrics, and provide reasonable cooperation at Customer's expense. Customer may not settle any claim in a way that imposes obligation or admission on Ematrics without prior written consent.
The parties will first attempt in good faith to resolve any dispute through negotiation for thirty days following written notice.
Any dispute not resolved that way will be settled by binding individual arbitration administered under the rules of a recognised arbitral body, seated in Mecklenburg County, North Carolina, before a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction.
EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Any claim must be brought within one year of the date it arose, or it is permanently barred, except where a longer period is required by law.
Where applicable law gives a party a non-waivable right to bring proceedings in a particular forum, or renders a class waiver unenforceable, this section applies only to the extent permitted, and the remainder continues in force.
These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the arbitration provisions above, the parties submit to the exclusive jurisdiction of the state and federal courts sitting in Mecklenburg County, North Carolina.
Ematrics may revise these Terms at any time by posting an updated version and changing the date above. Material changes take effect thirty days after posting for existing subscriptions, or immediately for new ones.
Continued use after changes take effect constitutes acceptance. If Customer does not accept a material change, its remedy is to stop using the Service and terminate before the change takes effect.
Questions about these Terms may be sent to info@ematrics.com.