Ensemble by Voiceitt – TERMS OF SERVICE
Last modified date: April 24th, 2022
Ensemble Terms and Conditions
Technologies of Voice Interface Ltd., together with its affiliate, Voiceitt, Inc. (“Voiceitt,” “we,” “us” or “our”) is developing speech recognition technology designed to understand non-standard speech. Our core technology, available through a mobile application, is a hands-free voice recognition app that enables face-to-face, real-time communication with other people and to access mainstream voice devices and smart assistants (“App”). Our technology covers other services, including for integration with voice enabled products like smart homes and smart speakers (Collectively, the “Voiceitt Services”). Ensemble allows you to help make speech recognition accessible and inclusive by donating a sample of your voice and thereby expanding the capabilities of the App and other Voiceitt Services, help make speech recognition accessible and inclusive, all while enjoying a variety of rewards (the “Project”)!
“You” and “your” mean, as applicable, means anyone who desires to contribute a voice sample as part of the Project (the “Entry”).
Please read these Terms and Conditions (the “Terms and Conditions” or “Terms”) carefully. These Terms govern your participation in the Project and by submitting an Entry you confirm your consent thereto. These Terms shall prevail over any comment or condition made as part of the Entry.
Voiceitt reserves the right to modify or amend at any time the Terms and/or to terminate the Project completely at any time at its sole discretion by posting an amended version thereof on its website and/or on its social media platforms.
Participation in the Project is open to any person who has an active e-mail account and internet access. If you are younger than 18 years of age, your participation in the Project is subject to the consent of your parent(s) and/or legal guardian(s). Any entry or other action in respect of the Project made by an ineligible person will be null and void.
An entrant will be required to provide us with the following information in order for us to send a reward: [Full Name of the Entrant], and [Email Address].
Only one Entry per person and e-mail address is permitted, regardless of method of Entry.
No mechanically reproduced mail-in Entries are allowed and any use of robotic, automatic, programmed or similar entry methods will void all such Entries by such methods. Voiceitt reserves the right to disqualify any entrant if, in Voiceitt’s sole discretion, it believes that the such entrant has attempted to undermine the legitimate operation of the Project including by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other entrants or Voiceitt.
For the avoidance of doubt, all issues of eligibility will be decided by Voiceitt in its sole discretion.
By submitting an Entry, you hereby grant Voiceitt exclusive ownership of the Entry and you hereby assign all right, title and interest in and to the Entry and all proprietary rights therein to Voiceitt. You moreover agree not to assert any moral rights in any Entries against Voiceitt or any of its Affiliates and waive any and all claims against Voiceitt and its Affiliates in respect of any moral rights in any Entry. For the avoidance of doubt, the Voiceitt shall have permanent world-wide rights to make use of the Entry, and any part thereof, for any purpose including research and development of the App and/or Voiceitt Services, including the rights to copy, distribute, display, publish, broadcast, make available, create derivative works and license others to use, in its sole discretion, the Entry through all (now or hereinafter) available platforms or media.
Voiceitt, or as the case may be its licensors, own and shall at all times retain all right, title, and interest in and to the App and Voiceitt Services including all enhancements, improvements and modifications thereof, such as any modifications, enhancements and customizations made due to contributions made by an entrant, as well as all intellectual property rights, and the trademarks, service marks, and logos contained therein. Nothing herein shall be interpreted to provide you with any rights in the App and/or Voiceitt Services.
Subject to the provisions of these Terms, you may be entitled to rewards per the information sent to your email address following registration and submission of an Entry (the “Rewards”). Voiceitt will deliver the Reward/s using the email and/or other contact details provided by you.
The Rewards are as stated and are non-transferable. If due to circumstances beyond Voicitt’s control Voiceitt is unable to provide any Reward, Voiceitt reserves the right to award a substitute Reward. All Rewards are, where applicable, subject to the additional terms and conditions of the manufacturer or supplier.
Any decision by Voiceitt concerning the Rewards as aforesaid shall be final and may not be appealed or be subject to court proceedings of any kind, as specified in Article 33 of the Israeli Contracts (General Part) Law, 5733 – 1973.
You represent and warrant that the Entry is the original work and that you have all rights necessary to grant and assign rights therein to Voiceitt as set forth hereunder. You moreover represent and warrant that the Entry (a) does not infringe the intellectual property rights or moral rights of any third party, (b) is not subject to any restrictions by third parties, (c) does not contain any defamatory, libelous, obscene or other harmful or offensive content; and (d) does not violate any applicable law or regulation.
Voiceitt and its Affiliates shall not be liable to you for any loss or damage whatsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the Project and/or Rewards and/or Entries, including (i) your accepting, possessing, using, or misusing of any Reward or any portion thereof; (ii) any type of technical failure; (iii) the unavailability or inaccessibility of any transmissions, phone, or Internet service; (iv) unauthorized intervention in any part of the Entry process; (v) electronic error or human error in the administration or the processing of Entries. Voiceitt and its Affiliates shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to you under these Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation the aforesaid examples as well as a pandemic (including restrictions required as a result of the COVID-19 epidemic), war, terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes.
IN NO EVENT WILL VOICEITT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROJECT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VOICEITT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
By participating in the Project, you agree to indemnify, defend, and hold harmless Voiceitt and its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents, attorneys, insurers, independent contractors, providers, successors and assigns (the “Affiliates”) from and against any and all liabilities incurred in connection with (i) your breach or violation of these Terms; (ii) your violation of any law, or the rights of any user, entrant or third party, including with respect to your Entries; (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Reward, or acceptance, possession, or use of the Reward, or from participation in the Project; and (iv) any printing or typographical errors in any materials associated with the Project. In the event of any such claim, Voiceitt shall notify you of the claim and you shall have the right to manage, at your sole expense, the defense of the claim and the settlement thereof, provided that the Voiceitt will have the option to participate in any such proceedings at its own expense and that no settlement may be entered into without the consent of Voiceitt (and/or its Affiliates) if such settlement would require any action on the part of Voiceitt (and/or its Affiliates).
Entrants should retain copies of all submitted materials for their records. Voiceitt cannot accept any responsibility for Entries delayed, misdirected or undelivered.
The Terms shall be governed by and construed and enforced in accordance with the laws of the State of Israel without regard to principles of conflict of laws. Any action, suit or other proceeding arising under or relating to these Terms shall be brought in a court of competent jurisdiction in the city of Tel-Aviv, and the parties hereby consent to the sole jurisdiction of such courts. Notwithstanding the foregoing, Voiceitt may seek injunctive relief in any jurisdiction in order to enforce these Terms.
CEO and Co-Founder
Danny Weissberg is an engineer-turned-serial entrepreneur with 15 years of experience in entrepreneurship, business development, management, innovation, research and development in cutting edge technologies of complex software solutions. Prior to founding Voiceitt, Danny was the CEO of YubiTech, a software mobilisation company, and the Open University Entrepreneurship Club. Danny also has specific distinction in R&D, having excelled through various points of his career at leading Israeli software firms CheckPoint, HP, and Radvision (now Cisco). Danny graduated with a B.Sc. with Honors in from the Technion – Israel Institute of Technology, a B.A. in Computer Science with Honors from the Open University of Israel.