Terms of Service

1. Acceptance of These Terms

By accessing shapelylabs.com (the “Site”) or by installing, accessing or using the Shapely platform or the Shapely Agent application (together, the “Service”), you agree to these Terms of Service (the “Terms”). If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

If your organization has signed a separate subscription agreement, order form or master services agreement with Shapely Labs (an “Enterprise Agreement”), that agreement governs your use of the Service and prevails over these Terms in the event of any conflict.

2. The Service

Shapely Labs provides an AI orchestration layer for pharmaceutical patient support programs. Shapely Agent assists case managers and patient support operators during live calls by guiding program workflows, surfacing relevant information and updating connected systems such as customer relationship management (CRM) platforms, including Salesforce. The Service is made available to business customers under an Enterprise Agreement and is not offered directly to patients or consumers.

3. Eligibility and Accounts

You must be at least 18 years old and authorized by a Shapely Labs customer to use the Service. Access is provisioned by your organization’s administrator through its Salesforce org or other connected systems.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at contact@shapelylabs.com if you suspect unauthorized access.

4. Customer Data and Protected Health Information

“Customer Data” means all data submitted to or processed by the Service on behalf of a customer, including call audio and transcripts, CRM records, documents and program configuration. As between the parties, the customer owns its Customer Data. Shapely Labs processes Customer Data only as a service provider or business associate, in accordance with the customer’s instructions, the Enterprise Agreement, any applicable Business Associate Agreement and our Privacy Policy.

Customer Data may include protected health information (“PHI”) under HIPAA. Customers that submit PHI to the Service must have a Business Associate Agreement in place with Shapely Labs before doing so.

The customer is responsible for obtaining all consents and providing all notices required by applicable law for the collection, recording, transcription and processing of calls and other Customer Data through the Service, including consent to call recording where required.

5. Salesforce AppExchange

Shapely Agent for Salesforce is installed into and operates within your organization’s Salesforce environment. Your use of Salesforce, including any Salesforce data accessed by Shapely Agent, is subject to your agreement with Salesforce and Salesforce’s own terms and policies.

Shapely Labs is an independent company and is not affiliated with, endorsed by or a partner of Salesforce, Inc. except as expressly stated in the AppExchange listing. Salesforce is not responsible for the Service and provides no warranty or support for it.

6. AI-Generated Output

The Service uses artificial intelligence to generate guidance, summaries, suggested next steps and record updates (“Output”). Output is provided to assist trained human operators and may contain errors or omissions. You are responsible for reviewing Output before relying on it and for all decisions and actions taken on the basis of Output.

Output is not medical, clinical, legal or regulatory advice. The Service does not diagnose, treat or make decisions about the care of any patient and does not replace the professional judgment of qualified personnel.

7. SMS messaging terms

By providing your mobile number and agreeing to receive texts, you consent to receive SMS messages from Shapely Labs about follow-up to conversations with our team, scheduling, and information you requested. Message frequency varies, typically no more than a few messages per month. Message and data rates may apply. Reply STOP at any time to opt out; reply HELP for help or contact hq@shapelylabs.com. Carriers are not liable for delayed or undelivered messages. Your mobile number is handled as described in our Privacy Policy.

8. Acceptable Use

You agree not to:

9. Intellectual Property

The Service, the Site and all related software, models, documentation, designs and trademarks are owned by Shapely Labs or its licensors and are protected by intellectual property laws. Subject to these Terms and your Enterprise Agreement, Shapely Labs grants you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during the subscription term.

If you provide feedback or suggestions about the Service, Shapely Labs may use them without restriction or obligation to you.

10. Fees

Fees, billing and payment terms for the Service are set out in the applicable order form or Enterprise Agreement. Except as stated there, fees are non-refundable.

11. Confidentiality

Each party will protect the other party’s non-public information with at least the same degree of care it uses to protect its own confidential information, and will use it only as needed to perform under these Terms or the Enterprise Agreement. This obligation does not apply to information that is publicly available, independently developed or lawfully obtained from a third party, and does not prevent disclosure required by law.

12. Disclaimer of Warranties

Except as expressly provided in an Enterprise Agreement, the Site and the Service are provided “as is” and “as available”. To the fullest extent permitted by law, Shapely Labs disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy of Output. Shapely Labs does not warrant that the Service will be uninterrupted or error-free.

13. Limitation of Liability

To the fullest extent permitted by law, Shapely Labs will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

Except as otherwise provided in an Enterprise Agreement, Shapely Labs’ total liability arising out of or related to these Terms or the Service will not exceed the amounts paid by you to Shapely Labs for the Service in the twelve months preceding the event giving rise to the claim, or one hundred US dollars if no fees were paid.

14. Indemnification

You will defend and indemnify Shapely Labs against third-party claims arising from your Customer Data, your breach of these Terms or your use of the Service in violation of applicable law, including any failure to obtain required consents for call recording or the processing of PHI.

15. Term, Suspension and Termination

These Terms apply for as long as you use the Site or the Service. Shapely Labs may suspend or terminate access to the Service if you materially breach these Terms, if required by law or to prevent harm to the Service, its customers or patients.

Upon termination, your right to use the Service ends. Customer Data will be returned or deleted in accordance with the Enterprise Agreement and our Privacy Policy. Sections 4, 6, 8 and 10 through 17 survive termination.

16. Third-Party Services

The Service integrates with third-party systems such as Salesforce, telephony providers and document sources that you choose to connect. Shapely Labs does not control those systems and is not responsible for their availability, security or handling of your data. Your use of them is governed by their own terms.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised “last updated” date and, for customers under an Enterprise Agreement, communicated as that agreement requires. Continued use of the Site or the Service after changes take effect constitutes acceptance of the revised Terms.

18. Governing Law

Unless an Enterprise Agreement provides otherwise, these Terms are governed by the laws of the jurisdiction in which Shapely Labs is organized, without regard to its conflict-of-law rules, and any dispute will be brought exclusively in the courts of that jurisdiction. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

19. Contact

Questions about these Terms? Reach out at contact@shapelylabs.com