These Terms of Service (“Terms”) govern your access to and use of Overmn’s website, web application, and Chrome extension (collectively, the “Services”). By using the Services, you agree to these Terms.
1. Who we are
“Overmn,” “we,” and “us” refer to the provider of the Services. “You” refers to the person or entity using the Services.
2. Eligibility and account
- Account: You may need an account to use certain features. You are responsible for maintaining the security of your account and any authentication tokens used to access it.
- Accurate information: You agree to provide accurate information (such as email) and keep it updated.
- Use on behalf of an organization: If you use the Services for a company, you represent you’re authorized to bind that organization.
3. The Services (what we provide)
Overmn provides sales-call assistance features, including call tracking, usage analytics, objection handling support, and related dashboards. Some features are delivered through a Chrome extension that can interact with supported web calling interfaces.
The Services may change over time (including feature availability, integrations, and limits), and we may add, modify, suspend, or discontinue any part of the Services at any time.
4. Third-party platforms and services
The Services may interoperate with third-party websites, VoIP/calling platforms, CRMs, browsers, operating systems, and networks (“Third-Party Services”). Overmn does not control Third-Party Services and is not responsible for their availability, security, functionality, or terms. Your use of Third-Party Services is governed by those providers’ terms and policies, and you are responsible for complying with them.
5. Chrome extension usage and permissions
The Chrome extension may request permissions such as storage,activeTab, scripting, tabCapture,tabs, notifications, and offscreento enable in-call functionality (e.g., persisting settings, interacting with call tabs, injecting UI elements, and capturing tab audio for analysis).
You are responsible for installing the extension only on devices and accounts you control or are authorized to use.
6. Consent, recording laws, and compliance
Some features may involve capturing and processing call audio and/or generating transcripts. You are solely responsible for ensuring you have all necessary rights, permissions, and consents to:
- Use the Services in connection with a call;
- Capture or process audio from a call tab;
- Record, transcribe, store, or analyze call content; and
- Comply with all applicable laws, regulations, and company policies (including two-party consent laws, privacy laws, and workplace monitoring rules).
If you are unsure whether you may lawfully use these features, do not use them.
7. Your content and inputs
You may provide content to the Services, including company/product context, call notes, transcripts, and other data (“Customer Content”). You represent and warrant that you have the rights necessary to provide Customer Content and to authorize Overmn to process it to operate the Services.
You are responsible for the accuracy, legality, and appropriateness of Customer Content. Do not submit sensitive information you do not have the right to share. You should not use the Services to process regulated data where special legal regimes apply unless you have confirmed the Services meet your compliance requirements (for example, health data, payment card data, or other regulated categories).
8. Acceptable use
You agree not to:
- Use the Services for unlawful, harmful, or deceptive activities.
- Attempt to bypass security controls or access data you do not own or control.
- Interfere with or disrupt the Services or other users.
- Reverse engineer or attempt to extract secrets or private keys from the Services.
- Use the extension in ways that violate third-party terms (e.g., call platform or CRM terms) or that infringe third-party rights.
9. AI-generated suggestions (important)
- Not professional advice: Any AI-generated output or suggestions are for informational purposes only and are not legal, financial, HR, or other professional advice.
- Use your judgment: You are responsible for your communications and decisions. You should review and validate suggestions before using them.
- No guarantee: We do not guarantee outcomes (e.g., improved close rates, revenue, or call performance).
10. Subscriptions, billing, trials
Some features may require a paid subscription. Payments and subscription management are processed by Stripe. Your subscription may include usage-based limits such as minutes or call time allocations.
- Trials: If a trial is offered, trial limits and eligibility may change and may not be available for all users.
- Renewals: Subscriptions may renew automatically unless canceled through the billing portal or other provided mechanism.
- Taxes: You are responsible for any applicable taxes, unless otherwise stated.
11. Termination
You may stop using the Services at any time. We may suspend or terminate access if we reasonably believe you violated these Terms, if required by law, or to protect the Services or other users.
12. Security and data incidents
Security is a shared responsibility. You are responsible for maintaining the security of your accounts, devices, browsers, extensions, and credentials, and for using reasonable security practices (including protecting authentication tokens and enabling protections on your devices).
While we use safeguards intended to protect information, no system is perfectly secure. You understand and agree that unauthorized access, security incidents, or data loss may occur (including due to malicious third parties). To the maximum extent permitted by law, Overmn is not responsible for damages resulting from such incidents.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERMN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, OVERMN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR OUTPUT (INCLUDING AI OUTPUT) WILL BE ACCURATE, COMPLETE, OR RELIABLE.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERMN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERMN’S TOTAL (AGGREGATE) LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OVERMN FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF OVERMN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Time limit to bring claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, IT IS PERMANENTLY BARRED.
16. Dispute resolution; arbitration agreement; class action waiver (U.S.)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. It applies to the maximum extent permitted by law and is intended to be interpreted broadly.
- Informal resolution first: Before starting arbitration, you agree to contact us at contact@softex.mx with a description of the dispute and your desired resolution. We'll try to resolve disputes informally. If we can’t resolve within 30 days, either party may proceed.
- Agreement to arbitrate: Except for claims that qualify for small claims court or claims seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, you and Overmn agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding, individual arbitration.
- FAA governs: This arbitration agreement is governed by the U.S. Federal Arbitration Act (FAA) and evidences a transaction in interstate commerce.
- Arbitration provider and rules: The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules (including the AAA Consumer Arbitration Rules where they apply). The arbitrator will have authority to decide all issues of arbitrability to the maximum extent permitted by law.
- Location and format: The arbitration may be conducted by video, phone, or based on written submissions, unless an in-person hearing is required by the arbitrator. Any in-person hearing will take place in a mutually agreed location in the United States, or as otherwise required by AAA rules.
- Individual proceedings only; class action waiver: YOU AND OVERMN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative proceeding.
- Fees: Payment of arbitration fees will be governed by the AAA rules and applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees and costs under applicable law.
- Opt-out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing contact@softex.mx with the subject line “Arbitration Opt-Out” and including your name, the email associated with your account, and a clear statement that you are opting out. Opting out will not affect any other provisions of these Terms.
- Severability: If the class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) will be severed and may proceed in court, while the remainder proceeds in arbitration.
Waiver of jury trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND OVERMN WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.
17. Governing law
To the maximum extent permitted by law, these Terms and any dispute arising out of or related to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules, except that the FAA governs the interpretation and enforcement of the arbitration agreement above.
18. Venue for permitted court actions
To the extent any dispute is permitted to be brought in court (for example, small claims matters or claims seeking injunctive relief for intellectual property), you agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and you waive any objection to personal jurisdiction or venue in those courts, to the maximum extent permitted by law.
19. Indemnification
You agree to indemnify and hold harmless Overmn from claims arising out of your use of the Services, your Customer Content, or your violation of these Terms or applicable law (including recording and consent requirements).
This includes claims related to (a) your use of the extension and any audio capture/transcription, (b) your failure to obtain required consents, (c) your interactions with Third-Party Services, and (d) any content, communications, or decisions you make using or in reliance on the Services.
20. Force majeure
Overmn will not be liable for delays or failures in performance resulting from events beyond Overmn’s reasonable control (for example, internet outages, hosting/provider failures, strikes, acts of government, natural disasters, or cyberattacks).
21. Changes
We may update these Terms from time to time. The updated version will be posted on this page and the “Last updated” date will change.
22. Contact
Questions about these Terms? Contact contact@softex.mx.