This Product Addendum governs your use of the Redtail SPEAK product. The Terms are hereby incorporated by reference. Redtail SPEAK is collaborative communication platform for financial advisors and their staff which provides customers a built-in chat and texting solution that is archived, searchable, and tied to contact records (the “SPEAK Product”). The SPEAK Product is fully searchable and automatically archived, recorded daily, and sharable with email surveillance providers. When utilized in conjunction with our Redtail IMAGING Service, the SPEAK Product can save records in accordance with requirements under Rule 17a-4 under the Exchange Act, whether the broker-dealer has elected the WORM alternative or the audit-trail alternative.
Provision of SPEAK Service.
Tracking and Analysis.
We may track and analyze your use of the SPEAK Product for the purpose of helping Us improve both the SPEAK Product and your experience in using the SPEAK Product. We may disclose such data about Your use of the SPEAK Product (“Usage Statistics”) to third parties for the purpose of assisting Us in such tracking and analysis, or as required by law; We will not disclose such Usage Statistics to third parties for any other purpose. Except when required by law, in disclosing Usage Statistics to a third party, We will make such Usage Statistics anonymous so as to not disclose your identity to such third party.
Various SPEAK Product Services allow you to send messages to others via voice or SMS (“messages”), and/or allow Redtail and Redtail affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT REDTAIL OR ITS AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM REDTAIL AND ITS AFFILIATES. You also represent and warrant to us that you and each User you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, and from time to time the providers of Redtail, including any international message charges that may apply when messages are transmitted from US-based numbers.
Subject to the rights granted by you hereunder and in the Terms, we acquire no right, title or interest from you (or your licensors) under this Product Addendum in or to your data, including any intellectual property rights therein.
EXCLUSION OF WARRANTIES.
NEITHER WE NOR OUR AFFILIATES MAKE WARRANTIES OF ANY KIND WITH RESPECT TO THE SPEAK PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE, OUR AFFILIATES AND OUR LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR LICENSORS REPRESENT OR WARRANT THAT YOUR USE OF THE SPEAK PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SPEAK PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
You shall indemnify Us for any damages, costs, and expenses arising out of any claim, demand, suit, or proceeding (“Claim”) made or brought against Us by a third party alleging that your data infringe or misappropriate the intellectual property rights of a third party or violate applicable law, or arising out of your use of the SPEAK Product in violation of this addendum, the Terms or applicable law, and for reasonable attorney’s fees incurred by Us in connection with any such Claim.