*Free analysis of 10,000 phone calls promotion

Promotion Details:

1. The Promotion includes a complimentary diagnostic evaluation of up to 10,000 of your call recordings to be analyzed by Marchex for the following: lead rate, appointment rate, reasons for not booking, customer satisfaction score, customer sentiment, reasons for customer frustration, and topics of discussions.

2. Eligibility:

• To qualify for the Promotion, participating businesses (each a "Participant") must sign up for the analysis.
• Participants must submit their call recordings within one (1) month after the sign up.

3. Submission Requirements:

• Participants must submit at least 5,000 but no more than 10,000 of their call recordings to be analyzed.
• By submitting any recordings, Participant represents and warrants to Marchex that it has the full right and authority (including by way of any consents or appropriate advance notifications as may be required under applicable law) for the transfer of its call recordings to Marchex for the purposes of processing as part of the diagnostic evaluation made available as part of this Promotion. Participant shall indemnify and hold Marchex harmless from any claims whatsoever that may arise as a result of a breach by Participant of the foregoing representation and warranty.

4. Delivery of Results:

• Analysis results will be delivered to the eligible Participants within two (2) weeks after Marchex receives the call recordings.
• Participant may choose to provide Marchex with input, suggestions, comments, ideas, concepts, know-how, or other feedback (collectively, “Feedback”) in connection with its use of the analysis made available as part of this Promotion and agrees that Marchex will be free to use such Feedback entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

5. Limitations:

• Marchex reserves the right to limit the number of free evaluations made available as part of this Promotion.
• Marchex may decline to provide the analysis if a given Participant’s submission is below the minimum quantity required or exceeds the maximum allowable 10,000 call recordings or if the recordings submitted do not meet the audio quality standards required for analysis, as determined by Marchex in its sole discretion.
• A maximum of ten (10) evaluations may be conducted by Marchex per calendar quarter.

6. Disclaimers/Limitation of Liability:

• The diagnostic evaluation is provided "as-is" and for informational purposes only. Marchex makes no express or implied warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted by law, Marchex shall not be liable with respect to any matter related to the performance of this evaluation under any theory of liability for any indirect, exemplary, incidental, special, or consequential damages, even if advised of the possibility thereof or otherwise for any amount that, together with all other claims, exceeds $50.

7. Confidentiality and Privacy:

• All submitted audio call recordings will be treated as confidential and used solely for the purposes of performing this diagnostic evaluation analysis.
• To the extent applicable, each party agrees to comply with all state and federal laws that relate to the protection of privacy such as the California Consumer Protection Act (California Civil Code §§ 1798.100, et seq., as amended by the California Privacy Rights Act of 2020) (collectively, the “Data Privacy Laws”). To the extent relevant to the diagnostic evaluation and any applicable Data Privacy Laws, Participant will be deemed to be the “business” or “controller” and Marchex shall be deemed to be the “service provider” or “processor” to Participant under the Data Privacy Laws, as applicable.

8. Modification and Termination:

• Marchex reserves the right to modify, suspend, or terminate the Promotion at its sole discretion without prior notice. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

By participating in the Promotion, Participants agree to these Terms. For further information or clarification, please contact a Marchex representative.