Trial Agreement

Last Updated: May 2026


These terms and conditions establish the agreement (the “ Trial Agreement ”) between you (“ You ”, “ Your ” and “ Client ”) and PolyAI Limited , a private limited company with limited liability incorporated in England and Wales with registered office at 3 Sheldon Square, London, W2 6HY, United Kingdom (“ PolyAI ”, “ we ”, “ us ” and “ our ”), being together, the “parties”, and individually, a “party”.


By clicking to accept this Trial Agreement or otherwise accessing our services, You confirm that (1) You are an authorised representative of the company or organisation that you work for and that you have full authority to enter into this Trial Agreement on behalf of the Client and otherwise bind the Client; and (2) you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen.


Introduction


A. The purpose of this Trial Agreement is to enable the Client to evaluate PolyAI’s Services and for the parties to discuss and assess the Client’s suitability for PolyAI’s paid services.

B. The Client will trial the Services offered by PolyAI as set out in this Trial Agreement (the “ Trial ”).



1. Description of the Services


A. Description of Services

PolyAI’s Services:


“ Services ” means the: (i) multi-channel conversational transaction service supported by machine learning technology provided to you through our Platform (‘ Communication Services ’); (ii) proprietary communications handling platform which is made up of our software and any third-party software that may be necessary for its functionality ( ‘Platform ’); and (iii) any other services offered by PolyAI from time to time, including any amended or new versions thereof.


The Trial Services are provided free of charge for internal evaluation and testing purposes only and are not intended to be used for production use, commercial use, or for otherwise making available to third parties. For the avoidance of doubt, service levels and support do not apply to the Trial Services.


You agree to use reasonable efforts to limit the extent of data or information that: (a) relates to, is linked or reasonably linkable to an identified or identifiable natural person; or (b) is otherwise “personal data,” “personal information,” “personally identifiable information,” or similarly defined data or information under data protection laws (“ Personal Data ”) uploaded to the Platform or otherwise provided to PolyAI.


To the extent Personal Data is uploaded, the Data Processing Addendum accessible at https://poly.ai/dpa/ shall form part of this Trial Agreement.


Sandbox


In relation to the Sandbox Environment (i.e. a test environment for the Client to simulate API requests and test their interaction with the Platform), the Client agrees (i) to only use the Sandbox Environment to test Client’s integration; (ii) to not upload or transfer any Personal Data into the Sandbox Environment; and (iii) PolyAI shall have no obligations or liability as to any data uploaded or transferred to the Sandbox Environment.


Trial Duration


The Trial shall begin on the date that You accept this Trial Agreement via PolyAI’s website and continue for a period of 60 days unless earlier terminated in accordance with the terms of this Trial Agreement.

Should the parties agree that the duration of the Trial be increased, the parties will agree to such increase in writing (including by email or within the Platform).


B. Terms of use


1. You agree to:


  1. comply with all applicable laws relevant to this Trial Agreement and your use of the Services;
  2. use the Services and Platform in accordance with the terms of this Trial Agreement and any usage instructions, specifications or other documentation made available by PolyAI from time to time;
  3. provide accurate and complete information in connection with your use of the Services and co-operate with PolyAI in all manners relating to this Trial Agreement;
  4. keep your account credentials secure, use reasonable endeavours to prevent any unauthorised access to, or use of, the Services or the Platform, and notify us as soon as reasonably practicable if you become aware of this happening; and
  5. promptly notify PolyAI of any errors you become aware of relating to the Services.

2. Restrictions on use. You agree not to:


  1. access, store, distribute or transmit viruses or materials while using the Services;
  2. reverse engineer, decompile, disassemble, decode, copy, or modify the Services in any way or create derivative works based on the Services;
  3. use any “robot”, “bot, “spider”, “scraper” or other automated means to access the Services or to extract or otherwise download content or data from the Services;
  4. attempt to gain unauthorised access to the Platform or interfere with its proper operation or security or any other party’s access to or use of the Services;
  5. access the Services for the purposes of benchmarking, feature comparison or other competitive purposes;
  6. do anything that would, in PolyAI’s reasonable opinion, harm PolyAI’s reputation;
  7. build a product or service which is substantially similar to, competes with, or replicates, the Services; or
  8. do anything unlawful, harmful, threatening, defamatory, discriminatory or offensive while using the Services.

Your breach of these restrictions will be considered a material breach for which we may suspend your use of the Services and/or terminate this Trial Agreement immediately without notice.


C. Confidentiality


  1. “ Confidential Information ” means information disclosed by one party to the other party in connection with this Trial Agreement that is marked as confidential or, from its nature, content or the circumstances in which it is disclosed, might reasonably be supposed to be confidential. It does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient or that was lawfully given to the recipient by a third party.
  2. Each party will keep the other’s Confidential Information secure and confidential and will not: (a) use the Confidential Information except for the purposes of this Trial Agreement; or (b) disclose such Confidential Information except to its affiliates, representatives and third-party service providers who need to know it and have agreed to keep it confidential and restrict its use to the same extent that the receiving party has (“ Permitted Receivers ”). The receiving party is liable for its breach of this Trial Agreement and any act or omission by a Permitted Receiver which would constitute a breach of this Trial Agreement if it were a party to it. The receiving party shall promptly notify the other party upon becoming aware of any unauthorised use, disclosure, theft, or loss of the other party’s Confidential Information.
  3. The receiving party may disclose Confidential Information (i) when required by law or (ii) where reasonably required in connection with a defence of a legal claim (including any pre-action protocols (for example in response to a letter before claim) and/or settlement discussions). Before the recipient discloses any Confidential Information pursuant to this clause C.3 it shall, to the extent permitted by applicable law, give reasonable notice to the disclosing party. The receiving party must promptly notify the disclosing party if it becomes aware of a breach of this clause.
  4. Irrespective of any termination of this Trial Agreement, each party’s obligations with respect to any Confidential Information it receives under this Trial Agreement will expire 3 years from the date of the receipt of the Confidential Information (except with respect to any trade secrets where such obligations will be perpetual).

D. Intellectual property


  1. Subject to your compliance with this Trial Agreement, PolyAI grants You a limited, non-sublicensable, non-transferable licence to use the Platform and the Services for the Trial Duration.
  2. We and our licensors own, and shall continue to own, all intellectual property including any rights related to the Platform, Services, and documentation and any amended or new versions we may develop. Except as set out in this Trial Agreement, no transfer or licences of intellectual property rights belonging to either party are implied or granted under this Trial Agreement.
  3. New intellectual property rights created as a result of or in connection with this Trial Agreement, including in respect of any ideas, know-how, improvements or suggestions that we may receive from you in connection with the Services (“ Feedback ”), shall be owned by PolyAI. To the extent not owned solely by PolyAI, you hereby assign, including by present assignment of future rights, all right, title and interest in and to any and all such intellectual property rights to PolyAI, and agree to do such acts or execute such deeds or documents as PolyAI may deem necessary or desirable to give effect to that assignment. To the extent that the foregoing assignment cannot as a matter of law be assigned, you hereby grant to PolyAI a nonexclusive, perpetual, irrevocable, royalty free, worldwide license to make use of such intellectual property rights and otherwise exploit without restriction.
  4. You represent and warrant that You own or have otherwise obtained all necessary rights, title and interest in and to any information that You upload or otherwise make available in the Services ( “Client Information ”) or any systems, APIs, middleware or related services that you configure or otherwise make available within the Services, including any third party systems (“ Client Systems ”), and You grant to PolyAI a non-exclusive, sublicensable, and royalty-free licence to use Client Information and access Client Systems for the purposes of providing the Services, including through the use by PolyAI of any automated means to access, copy, publish and/or extract data or content from any sites or Client Systems that You direct to, authorise or otherwise make available for use within the Services. You acknowledge and agree that You are solely responsible for ensuring such use complies with applicable law and third party rights and that PolyAI may, but is under no obligation, to monitor Client Information or Client Systems for compliance.

E. Indemnification

  1. Client will defend, indemnify and hold harmless PolyAI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses, including legal fees, arising out of or related to your use of the Services or your violation of this Trial Agreement.

F. Limitation of Liability

  1. This clause E sets out the entire financial liability of either party (including any liability for the acts or omissions of either party’s employees, agents and sub-contractors) in respect of: (a) any breach of this Trial Agreement; and (b) any use made by the Client of the Services or any part of them; and (c) any representation, statement or tortious act or omission (including negligence) or breach of statutory duty arising under or in connection with this Trial Agreement.
  2. Neither party’s liability is excluded or limited where it would be unlawful to do so (for example, fraud, death, or personal injury caused by Your or our negligence).
  3. Subject to clause F.1 and F.2, PolyAI’s liability under or in connection with this Trial Agreement: (i) excludes (a) loss of profit or revenue; (b) loss of anticipated savings; (c) loss of business opportunity; (d) errors, loss of, or corruption of data; (e) loss of reputation or goodwill; or (f) special, indirect or consequential losses; suffered or incurred by you (whether or not such losses were within the contemplation at the date of this Trial Agreement); and (ii) is limited to 100 USD. If we do not comply with this Trial Agreement we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Trial Agreement. Any and all claims for loss arising under this Trial Agreement will be subject to a general obligation for you to use all reasonable efforts to mitigate such losses.

G. Disclaimer of warranties

  1. To the fullest extent permitted under applicable law, the Services are provided “as is” and “as available” without warranties of any kind, either express or implied. PolyAI and its affiliates, licensors and suppliers disclaim any and all representations, conditions or warranties of any kind, express or implied, including warranties of non-infringement, title, merchantability or fitness for a purpose, satisfactory quality, or any representations, conditions or warranties implied by statute, course of dealing, course of performance, or usage or trade. PolyAI makes no representations, conditions or warranties that the Services will meet Client or any other person’s requirements, perform without interruption achieve any intended result, be compatible or work with any software, system or other services, or be secure, accurate, complete, free of harmful code or error-free.
  2. You are solely responsible for use of any Client Systems in connection with the Services and PolyAI makes no representations, conditions, or warranties or any kind, express or implied, that such Client Systems interoperate or are otherwise compatible with the Services. PolyAI shall not be responsible or liable for any security incident, unauthorised access, data breach, data corruption, service interruption, transmission failure, loss, delay, inaccuracy, or unavailability to the extent caused by (a) any vulnerabilities, failures, acts, or omissions of any Client Systems, (b) Client’s configuration of, authorisation, permissioning, credential management, or use of any Client System; (c) Client’s direction or instruction to connect to, rely upon, transmit data through or exchange data with any Client System; or (d) interoperability limitations, API defects, outages, changes, deprecations, or failures of any Client System.
  3. OUTPUT GENERATED BY THE SERVICES IS FOR EVALUATION PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE IN ANY FIELD, INCLUDING WITHOUT LIMITATION MEDICAL, LEGAL, ACCOUNTING, FINANCIAL, INVESTMENT, OR PSYCHOLOGICAL ADVICE. YOU AGREE NOT TO RELY ON SUCH OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. POLYAI DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BASED ON OUTPUT GENERATED BY THE SERVICES. ANY RELIANCE ON OUTPUT IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR HOW YOU USE THE SERVICES AND MUST COMPLY WITH ALL APPLICABLE LAWS WHEN DOING SO.

H. Termination

  1. This Trial Agreement may be terminated at any time and for any reason by:
  2. PolyAI, without notice, by deactivating Client’s account within the Services; and
  3. You, upon 7 days’ prior written notice to Your designated PolyAI contact and cc: legal@poly-ai.com.
  4. On termination or expiry of this Trial Agreement for any reason:
  5. all rights and licenses granted under this Trial Agreement will immediately terminate;
  6. You will stop using the Services and Platform immediately and delete any copies of the Platform;
  7. each party will, if requested by the other party, delete, destroy or return Confidential Information and any copies of it belonging to the other party.

I. Other Important Information


  1. A person who is not a party to this Trial Agreement has no right to enforce any term of this Trial Agreement.
  2. Neither party shall be liable, or deemed to be in breach of this Trial Agreement, for any delays or failures in their performance resulting from any event beyond their reasonable control.
  3. PolyAI may assign, novate or otherwise deal with any of their rights and obligations under this Trial Agreement to such party’s affiliates, any successor-in-title to the business and/or any undertaking of such party (including as a result of any corporate transaction, merger, acquisition, initial public offering, reorganization or equivalent).
  4. Nothing in this agreement establishes or implies any partnership, agency or joint venture between You and us. Nothing in this Trial Agreement will restrict either party’s ability to compete or enter into partnering relationships with other entities. The parties acknowledge and agree that the supply of Services under this Trial Agreement is not an exclusive arrangement.
  5. PolyAI may make publicly available press releases, case studies and other marketing materials announcing the Services and to identify you as our client in relation to the Services. You agree that we can use your name and company logo for the purposes set out in this clause and you hereby grant to PolyAI the express right to use your company logo in publicly available marketing, sales, financial, and public relations materials and other communications solely to identify you as a PolyAI client. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.
  6. Notices under this Trial Agreement shall be in writing and sent:
  7. To You: to the email address as specified at sign up; and
  8. To PolyAI: to legal@poly-ai.com.
  9. If any provision of this Trial Agreement is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of the rest of this Trial Agreement shall remain unaffected. No delay or failure by either party to exercise any right or remedy available to them under or in connection with this Agreement shall prevent the future exercise of any such right or remedy.
  10. You shall: (i) comply with Export Control and Sanctions Laws; (ii) not engage in any conduct or permit the use of, or access to, the Services by a user who is a Sanctioned Person or otherwise in such a way that would constitute a violation of Export Controls and Sanctions Laws; (iii) not do, or omit to do, any act that would cause us to provide services to a user who is a Sanctioned Person or otherwise breach Export Controls and Sanctions Laws; and (iv) have and enforce its own procedures and controls to ensure compliance with Export Control and Sanctions Laws. You will immediately notify us if, during the term of this Trial Agreement, you have breached the terms of this Section I.8. Any breach of this Section I.8 will be deemed to be a material breach of this Trial Agreement and in the event of such a breach we reserve the right to immediately terminate this Trial Agreement without notice or penalty. For the purposes of this section, “ Export Control and Sanctions Laws” means any applicable export control, trade or financial sanctions laws, regulations, orders, directives, licenses and requirements of any governmental or other relevant authority with jurisdiction over activities undertaken in connection with this Agreement including but not limited to the United Kingdom, European Union, United Nations, and United States (each such authority being a “ Sanctions Authority ”); “ Sanctioned Person ” means (i) a person who is named on a restricted party list administered by a Sanctions Authority; (ii) a person ordinarily resident in or incorporated under the laws of a Restricted Territory; (iii) the government of a Restricted Territory; or (iv) an entity owned or controlled by, or acting on behalf of, one or more persons described in (i), (ii), or (iii) above; and “ Restricted Territory ” means a country or territory that is subject to any general financial or trade restrictions or embargoes under Export Control and Sanctions Laws, which currently comprise: Cuba, Iran, North Korea, Syria, and the occupied regions of Ukraine.
  11. You agree that you will ensure that all individuals who access or use the Services are bound by a class action waiver and individual arbitration requirement, requiring that all claims in respect of the Services be resolved on an individual basis through binding arbitration, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You will be responsible for procuring agreement from all such users to waive their rights to participate in class or representative actions and to submit all disputes relating to the Services to binding individual arbitration. The parties agree that arbitration may not be consolidated with any other arbitration or claim of any other party, and no class or representative actions may be asserted in arbitration.
  12. From time to time, PolyAI may invite you to participate in a new version or service feature that PolyAI has not made generally available and that is designated as beta, pilot, limited release, pre-release, non-production, evaluation or similar designation (“ Beta Features ”), in return for you providing PolyAI with Feedback. Beta Features are for PolyAI evaluation and testing purposes, not subject to availability or security obligations and may be subject to additional terms. Unless otherwise agreed, PolyAI will have no liability for any harm, damage or losses of any kind arising out of or in connection with Beta Features, and the Client uses them at its own risk. PolyAI may discontinue Beta Features at any time in its sole discretion and may choose not to make them generally available.
  13. This Trial Agreement and any other documents incorporated herein by reference, constitute the sole and entire agreement of the parties with respect to the subject matter of this Trial Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency, the following order of precedence governs: (a) the DPA; (d) this Trial Agreement. The headings in this Trial Agreement are for reference only and do not affect the interpretation of this Trial Agreement. Any use of the words “include,” “includes,” or “including” shall be deemed to be followed by the words “without limitation”. All references to “business days” refer to business days in the United Kingdom; references to “days” means calendar days.
  14. This Trial Agreement and all disputes and claims arising out of or in connection with it are governed by English law. With the sole exception of any application for injunctive relief, the parties irrevocably submit to the exclusive jurisdiction of the English courts.
  15. We may modify this Trial Agreement at any time by posting a revised version on our website or otherwise notifying You, provided that we will notify You in advance of any material adverse changes. Subject to the advance notice requirement with respect to material adverse changes, the modified terms will become effective upon posting or, if we notify You by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications, you agree to be bound by the modified terms. We last modified these on the date listed at the beginning of them.