Terms of Service
Terms of Service
Date of Last Revision: 3/18/19
1. SCOPE OF AGREEMENT.
1.1 Terms of Service. These Terms of Service (“Terms of Service”) govern the website www.voiceterpro.com (the “Site”) and the access to, and use of, the Services (as defined below) between you (“user,” “you”, “your”) and Voiceter Pro Inc., a Delaware corporation (“Voiceter Pro” “we,” “our,” “us”). When the user of the Services is a company, corporation, partnership, or other organization (an “Entity”), the term “you” also includes such Entity. This Agreement references our “Affiliates” which, when used in this Agreement, includes our parent(s), subsidiaries, affiliated companies, as well as our and their members, managers, officers, directors, shareholders, employees, representatives, and agents.
(a) You have reached the age of majority in the jurisdiction in which you reside.
(b) You are legally permitted to use and access the Services and take full
responsibility for the selection, use, and access of the Services.
(c) You are able to create a binding legal obligation.
(d) You are not barred from using the Services under applicable law.
(e) Your use of the Services will at all times comply with this Agreement.
(f) You will only use the Services for your own use and enjoyment.
2. THE SERVICES.
(a) The Services are offered through Voiceter Pro’s software (“Software”), which is available through the digital assistant platforms provided by speaker and voice recognition services of provided by Amazon.com, Inc.®, a Delaware corporation (“Alexa”), and the Google Assistant® platform developed by Google LLC, a Delaware limited liability company (“Google Assistant”), which remotely collects and records a user’s search parameters, and provides the top results of the user’s search by having the results (i) read back to the user by Alexa or Google Assistant; (ii) shown on an Alexa or Google Home screen display (if available); and/or (iii) transmitted to the user through a branded email (the “Services”). Alexa and Google Home are the intellectual property and trademarks of Amazon.com, Inc. and Google, LLC, respectively.
(b) Voiceter Pro remotely hosts the Software which runs the Services under a
Software as a Service (“SaaS”) subscription model subject to specified license terms.
2.2 Access. In order for you to access and use the Services, you must register with Voiceter Pro through the Alexa or Google Home application suites by providing contact information, including, without limitation, mobile number, and/or e-mail address. Such information may be retained by Voiceter Pro and any third-party involved in providing the Services, including, without limitation, Alexa and Google Home. You are strongly encouraged to review the policies, including the privacy policies, provided by Voiceter Pro and any such third-parties prior to registering for the Services.
2.3 Use. Subject to your acceptance and compliance with this Agreement, Voiceter Pro grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Services for your personal non-commercial and private use.
(a) You agree not to download, save, copy, transmit, or distribute the content of the Services.
(b) You agree you will not (i) register on behalf of another person; (ii) register under the name of another person or under a fictional name or alias; (iii) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (iv) choose a username for the purposes of deceiving or misleading our users and/or Voiceter Pro as to your true identity; or (v) choose a username that incorporates a solicitation.
(c) You may not modify, alter, or otherwise change the content of the Services in any way or reproduce, publicly display, perform, distribute, or otherwise use the Content (as defined in Section 3.1) for any public, educational, or commercial purpose; and
(d) You may not use any of the Content on any other website or networked computer environment for any purpose, unless specifically approved in writing by Voiceter Pro.
(e) You agree that your use of the Services is conditioned upon your compliance with this Agreement; any use of the Services in violation of this Agreement will be regarded as an infringement of Voiceter Pro’s copyrights, trademarks, or other rights in and to the Services. If Voiceter Pro has any belief, or reason to believe, you may have violated this Agreement, Voiceter Pro may terminate your authorization to use the Services and you must immediately cease any use of the Services and destroy any and all downloaded or printed content. Any rights not expressly granted herein are reserved to Voiceter Pro.
(f) You acknowledge and agree that it is your responsibility to review this Agreement periodically and to be aware of any modifications. Your continued use of the Services after such modifications will constitute your acknowledgement of the modified Agreement. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Services.
(g) You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
(h) Although Voiceter Pro works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Services.
3. INTELLECTUAL PROPERTY.
3.1 Content. For purposes of this Agreement, “Content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and Services that can be viewed or heard by users. This includes, without limitation, real estate listings, message boards, chat, and other original content.
3.2 Ownership of the Content. By accepting this Agreement, you acknowledge and agree that all Content presented to you by the Services is protected by all intellectual property and/or other proprietary rights available within the United States and is the sole property of Voiceter Pro, clients of Voiceter Pro, or third-parties. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name “Voiceter Pro.”
3.3 Limitations on the Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from the Services in any form or by any means whatsoever without prior written permission of Voiceter Pro or the specific Content provider. You are solely responsible for obtaining permission before reusing any copyrighted material that is available through the Services. Any unauthorized use of the materials appearing through the Services may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
3.4 No Warranty for Third-Party Infringement. Neither we, nor our Affiliates, warrant or represent that your use of materials displayed on, or obtained through, the Services will not infringe the rights of third-parties. See Section 8 below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
3.5 Patent Protection. Certain ideas, software, and processes incorporated into the Services that are available through the Services may be protected by patent applications pending in the United States. Voiceter Pro reserves the right to prepare and file additional patent applications in selected foreign jurisdictions.
3.6 Third-Party Intellectual Property Rights. Voiceter Pro has no obligation to provide any third-party intellectual property rights to you. Therefore, Voiceter Pro, through this Agreement, does not grant you any right or license to any third-party intellectual property rights, including, without limitation, Alexa and Google Assistant.
4. CONDUCT. As a condition of your use of and access to the Services, you agree not to use the Services for any unlawful purpose or in any way that violates this Agreement. Any use of the Services in violation of this Agreement may result in, among other things, termination or suspension of your account and your ability to use the Services. You may not engage in any of the following prohibited activities:
4.1 Copying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated “scraping,” collecting, or harvesting any personally identifiable information, including account names, from the Services; altering, modifying, or creating derivative works of the Services, or any portion thereof;
4.2 Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc. to access the Services; accessing any content or features of the Services through any technology or means other than those provided or authorized by the Services;
4.3 Transmitting spam, chain letters, or other unsolicited email; using the Services for any commercial solicitation purpose or political campaigning;
4.4 Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; uploading invalid data, viruses, worms, or other software agents through the Services; bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or features or enforce limitations on use of the Services or the content or features therein;
4.5 Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on Services infrastructure; interfering with the proper working of the Services;
4.6 Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
4.7 The Services are for personal use only. Users may not use the Services or any content contained in the Services (including, without limitation, Content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or Services not offered by Voiceter Pro or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Services for any purpose except with Voiceter Pro’s express consent (such as for promoted profiles or other advertisements), which Voiceter Pro may provide or deny in its sole discretion. Voiceter Pro may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
5.1 Third-Party Links. The Services may contain links to third-party advertisers, websites, or services. You acknowledge and agree that Voiceter Pro is not responsible or liable for: (i) the availability or accuracy of such advertisements, websites, or services or (ii) the content, products, or resources on or available from such advertisers, websites, or services. Links to such advertisers, websites, or services do not imply any endorsement by the Voiceter Pro of those websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.
5.2 Third-Party Content. Through the Services, you will have the ability to access and/or use content provided by third-parties. Voiceter Pro cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. Voiceter Pro disclaims any responsibility or liability related to your access or use of any third-party content.
5.3 Third-Party Listings. We do not warrant, and shall not be liable for, the quality or accuracy of any third-party products, services, information, or other material obtained by you through the access and use of the Services.
6. FEES AND PAYMENTS.
6.1 Fees. Voiceter Pro reserves the right, at any time, to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility. Refunds and exchanges shall be subject to our refund and exchange policies, in the applicable additional terms, as may be made available by us and updated by us from time to time.
7. TERMINATION. You agree that Voiceter Pro may, in its sole discretion and without notice, terminate or suspend any user’s access to all or part of the Services for any reason, including, without limitation, the following:
7.1 breach of this Agreement;
7.2 committing any suspected fraudulent, abusive, or illegal activity;
7.3 failure to pay any fees charged by Voiceter Pro; and
7.4 failing to cooperate fully in any Voiceter Pro investigation.
Upon termination or suspension, regardless of the reasons for such termination or suspension, your right to use the Services immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. This Agreement, as well as your liability for any unpaid fees, shall survive any termination.
8. DIGITAL MILLENIUM COPYRIGHT ACT TAKE DOWN. If you believe that you or someone else’s copyright has been infringed by Voiceter Pro or other Content provided by the Services, you (or the owner or rights holder, collectively, the “Rights Holder”) should send notification to our designated agent immediately. In the notice, please provide a link to the potentially infringing material, the infringement complained, and an email address where we may contact you. Prior to sending us a notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the Digital Millennium Copyright Act (“DMCA”) and any other applicable laws. Nothing here or anywhere on the Services is intended as a substitute for qualified legal advice.
8.1 Notice by Mail.
S. Prividera, DMCA Agent – Voiceter Pro Inc.
471 Albany Shaker Road
Albany, NY 12211
8.2 By Email.
If your Content is taken down, you may file a counter-notification using one of the methods provided above. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Voiceter Pro may immediately remove the identified materials from the Services without liability to you or any other party. The claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
9. GENERAL DISCLAIMERS.
9.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES ARE AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES TO TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
9.2 VOICETER PRO AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. VOICETER PRO AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE SERVICES, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
9.3 VOICETER PRO AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY OTHER ADVERTISING, AND VOICETER PRO WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL VOICETER PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICES, OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOICETER PRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VOICETER PRO SHALL NOT BE LIABLE FOR USER OR THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL VOICETER PRO’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICES DURING THE PRIOR SIX (6) MONTHS.
11. INDEMNIFICATION. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Voiceter Pro, its Affiliates and subsidiaries, and each of their, officers, directors, managers, members, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from, without limitation: (i) your use of, and access to, the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a user or third-party. Voiceter Pro may assume the exclusive defense and control of any matter for which users have agreed to indemnify Voiceter Pro and you agree to assist and cooperate with Voiceter Pro in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services.
12. GOVERNING LAW AND DISPUTE RESOLUTION.
12.1. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
12.2. Mandatory Arbitration. For any dispute you have with Voiceter Pro, you agree to first contact Voiceter Pro and attempt to resolve the dispute informally. If Voiceter Pro has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Albany, NY, in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration agreement survives the termination of this Agreement between you and Voiceter Pro.
12.3. Waivers of Class Action and Trial by Jury. YOU AND VOICETER PRO BOTH WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION INVOLVING DISPUTES BETWEEN YOU AND VOICETER PRO, AND YOU AND VOICETER PRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS YOU AND VOICETER PRO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF YOURS AND VOICETER PRO’S ARBITRATION AGREEMENT AND MAY NOT BE SEVERED. IF, FOR ANY REASON, THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION AGREEMENT WILL NOT APPLY. HOWEVER, THE WAIVER OF THE RIGHT TO TRIAL BY JURY SET FORTH IN THIS SECTION WILL REMAIN IN FULL FORCE AND EFFECT.
12.4. Other Remedies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Nothing in this Section precludes you from bringing issues to the attention of federal, state, or local agencies. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.
12.5 Time Limitations. YOU HEREBY WAIVE AND FOREVER RELINQUISH ANY STATUTE OF LIMITATIONS OR STATUTE OF REPOSE RELATING IN ANY CLAIM ARISING OUT OF, OR RELATED TO, THE SERVICES OR THIS AGREEMENT. YOU AND VOICETER PRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE SERVICES OR THIS AGREEMENT MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU FIRST DISCOVERED OR SHOULD HAVE DISCOVERED THE FACTS SUPPORTING THE CAUSE OF ACTION. YOU HEREBY WAIVE, AND AGREE NOT TO ASSERT, ANY ARGUMENT TO TOLL OR OTHERWISE DELAY THE BEGINNING OF ANY TEMPORAL LIMITATIONS TO BRING A CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT. YOU FURTHER AGREE THAT UPON EXPIRATION OF THE TIME LIMITATION HEREIN YOU SHALL NO LONGER HAVE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT.
14. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
15. OTHER JURISDICTIONS. By accessing or using the Services, or submitting information, you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to the terms of this Agreement, please do not use the Services. The Services are controlled and operated by Voiceter Pro from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time, and in our sole discretion.
17. CONTACT INFORMATION. If you have any questions, feedback or to report a violation regarding these Terms of Service, you may email us at email@example.com