Terms of Service
Last modified date: May 9, 2025
Technologies of Voice Interface Ltd., together with our affiliate, Voiceitt, Inc. (collectively, “Voiceitt,” “we,” “us,” or “our”), provides speech recognition technologies, products, and services to those with non-standard speech.
These Terms of Use (these “Terms”) are entered into between you (“you”) and Technologies of Voice Interface Ltd., together with our affiliate, Voiceitt, Inc. (collectively, “Voiceitt,” “we,” “us,” or “our”).
These Terms provide the general terms and conditions that govern your access to, use of, and interactions with: (A) our websites at www.voiceitt.com or www.web.voiceitt.com (collectively, our “Website”), (B) ) our mobile or desktop applications, extensions, integrations, or other offerings (collectively, “Apps”), or (C) any content, functionality, interactions, and services offered by us directly or through our Website, or Apps (collectively the “Services”), including if you have engaged with one of our authorized resellers or distributors (“Resellers”) for use of our Services.
Our Privacy Policy is expressly incorporated into these Terms. Capitalized words used but not defined in these Terms have the meanings assigned to them in our Privacy Policy.
Please read these Terms carefully and check them regularly, as they may change from time to time. By accessing or using our Website, Apps, or Services, or clicking on the “I accept” or similar button or tick box, you confirm that you have read, understood, and agree to be bound by all these Terms, including those stated in our Privacy Policy.
If you have engaged with a Reseller for use of our Services, these Terms will apply in addition to the terms of your engagement with the Reseller (“Reseller Terms”).
These Terms constitute a binding contract between you and Voiceitt.
DO NOT USE OR CONTINUE TO USE OUR WEBSITE, APPS, OR SERVICES IF YOU DO NOT ACCEPT ALL THESE TERMS.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (IN SECTIONS 1.13 AND 1.14) THAT GOVERN HOW CLAIMS WILL BE RESOLVED BETWEEN YOU AND VOICEITT. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 1.16, IF APPLICABLE, OR WHERE PROHIBITED BY LAW, BY USING OUR WEBSITE, APPS, OR SERVICES (AS DEFINED BELOW), YOU AGREE THAT DISPUTES BETWEEN YOU AND VOICEITT WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY). YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. ELIGIBILITY. To access and use our Website, Apps, and/or Services, you must be at least 18 years old and have the ability to form a binding contract.
2. YOUR ACCEPTANCE OF THESE TERMS. These Terms constitute a binding contract between you and Voiceitt. Your use of the Website, Apps, and/or Services confirms that you accept and agree to these Terms, including any modifications that we may make from time to time. If you do not wish to be bound by these Terms, do not access or use our Website, Apps, and/or Services.
3. CHANGES TO TERMS. We may modify these Terms at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website, Apps, and/or Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply when you access or use the Services.
4. LIMITED LICENSE & USE OF SERVICES. Subject to these Terms and Reseller terms (if applicable), Voiceitt grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to access and use our Website, Apps, and/or Services for personal, non-commercial purposes. This limited license will remain in effect unless and until you violate these Terms, or this license is terminated by you or Voiceitt. Any use of the Website, Apps, and/or Services not expressly permitted by these Terms is a breach of these Terms and may also violate patent, copyright, trademark, and other laws. Voiceitt, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.
4.1 WITHDRAWAL OR MODIFICATION OF SERVICES. We reserve the right to withdraw, limit, or otherwise modify the Services, in our sole discretion, without notice. We will not be liable if, for any reason, all or any portion of the Services are unavailable at any time or for any period.
4.2 USE RESTRICTIONS. You may only use the Website, Apps, and/or Services for lawful purposes and as permitted by these Terms. Additionally, you agree that you will not do any of the following: (a) sell or otherwise redistribute the Services or any part thereof or or otherwise exploit any of the Services for any commercial purpose without our express written permission; (b) copy, port, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, translate, adapt, or otherwise create derivative works of the Services; (c) combine the Services with any other programs; (d) attempt to gain unauthorized access to the Apps and/or Services, to other users’ accounts, or to computer systems or networks connected to the Services; (e) interfere with or disrupt, or attempt to interfere with or disrupt, the proper working of the Services or any activities conducted via the Services by any means, including but not limited to, uploading or otherwise disseminating viruses, worms, or other malicious code; (f) use any robot, spider, scraper or other similar technologies or automated means to access the Services for any purpose; (g) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services; or (h) remove, delete, obscure or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through
the Services. We reserve the right to cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity, behavior, or User Content of anyone believed to have violated these Terms or engaged in illegal behavior in connection with the Services.
5. USER OBLIGATIONS.
5.1 USER ACCOUNTS. You must create an account (“User Account”) to access and use our Services. You may only create a User Account on your behalf or on behalf of a minor or other individual for whom you are expressly and legally authorized to register. You are responsible for all activities that occur under your account. You agree to provide accurate, current, and complete information and maintain the confidentiality of your account credentials. If you are registering an account for a minor under the age of 16, you represent and warrant that you are their parent or legal guardian and are providing verifiable consent for their use of the Services in accordance with applicable law.
5.2 ACCOUNT SECURITY. If you suspect or know of unauthorized access to your account, change your password and immediately notify us by sending an email to support@Voiceitt.com. Voiceitt may refuse to open an account for any individual at its sole discretion.
6. VOICE RECORDINGS. Our Services are designed to help you communicate using your own voice by allowing you to record and upload audio recordings of your voice (“Recordings”), which are then cleaned, analyzed and processed in shorter (typically 1 to 3 second) segments (the “Audio Signals”), which we then save, along with associated transcripts, annotations or other data. We may use artificial intelligence (AI) and machine learning technologies to process your Recordings and the Audio Signals. We may also use the Audio Signals and associated transcripts, annotations or other data to (A) train, develop, and improve machine learning and artificial intelligence models, (B) test and enhance our Services, (C) create and commercialize new technologies and products, and/or (D) produce anonymized or aggregated data for research, analytics, and reporting purposes. Providing Recordings is voluntary, but necessary for our Services. If you do not voluntarily provide your recordings, we will be unable to provide you with our Services.
6.1 OWNERSHIP AND USE OF AUDIO SIGNALS. By submitting Recordings or other User Content (defined below) through the Services, you acknowledge and agree that Voiceitt owns all rights, title, and interest in and to the Audio Signals, as well as all associated training data, annotations, transcripts, and derivative works produced from them, whether or not anonymized. You expressly acknowledge and agree that such rights include any and all derivative products, machine learning models, AI tools, datasets, and outputs that are trained on or incorporate the Audio Signals, regardless of whether they are anonymized or aggregated, and that Voiceitt may commercialize such outputs without notice or compensation to you.
7. SUBSCRIPTIONS. To access and use the Services, you may be required to purchase a subscription through one of our Resellers. In such instances, your payment will be processed via the payment processor used by the Reseller at the time of your purchase, and you will be subject to these Terms
as well as those of the Reseller. Voiceitt is not responsible for any issues relating to the payment processing by third parties. To the maximum extent permitted by applicable law, we do not offer refunds or credits of any kind for any reason, including, without limitation, for unused or cancelled Subscriptions or accidental purchases.
8. CONTENT AND USER CONTENT. We may create or provide certain materials through the Website, Apps, or in connection with your use of our Services, including all information, software, text, displays, images, videos, and audio, and the design, selection, and arrangement thereof (“Content”). We may allow you to submit, post, or otherwise make available information, data, content, and/or materials, including, without limitation, the Recordings, images, videos, comments, and other written materials (“User Content”).
8.1 NON-CONFIDENTIAL AND NON-PROPRIETARY: All User Content, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary. If you have ideas and/or sensitive information that you want to remain confidential and/or do not want us or others to use, do not share them with us, including in your User Content or Recordings.
8.2 YOUR RESPONSIBILITY FOR YOUR USER CONTENT: Any User Contribution from you, whether publicly posted or privately transmitted to us, is your sole responsibility. We are not responsible for User Content. We specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, or liability of any kind or character based upon or resulting from any user content.
8.3 LICENSE TO USE USER CONTENT: You explicitly grant Voiceitt and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, license and right to use, reproduce, process, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and otherwise exploit your Recordings and User Content, in whole or in part, in any format or medium now known or hereafter developed. This license expressly includes the right to use such content to (A) train, develop, and improve machine learning and artificial intelligence models, (B) test and enhance our Services, (C) create and commercialize new technologies and products, and/or (D) produce anonymized or aggregated data for research, analytics, and reporting purposes. You waive all moral rights and any right to compensation or attribution, to the fullest extent permitted by law. You may withdraw your consent to non-essential uses by emailing support@voiceitt.com; however, this will not affect any use already lawfully made before withdrawal. Withdrawal will not affect our rights to retain and use anonymized or aggregated data or any model outputs derived from your content. De-identified or aggregate data, including the Audio Signals, may be retained indefinitely for archival, research, or AI training purposes.
9. VOICEITT’S INTELLECTUAL PROPERTY RIGHTS. All rights in Voiceitt’s technology, platforms, and content remain with us or our licensors. We retain all worldwide intellectual property rights, title, and interest in our Websites, App, and Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying technologies, models, datasets, source files and other information related to our Services, any Content we create or provide, and our name, trademarks,
and logos. Voiceitt retains exclusive rights to any AI models, tools, algorithms, and outputs trained or developed using your User Content or Recordings, or the Audio Signals. In some cases, we may have the right to use some aspects from others as part of our Services; in that case, those elements are owned by their respective owner(s). Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or allowing you to use our name, trademarks, logos, or similar property as your own. All rights not expressly granted to you under these Terms are reserved by Voiceitt.
10. REPRSENTATIONS. By accepting these Terms, you represent that (a) you are at least 18 years old and have the ability to form a binding contract; (b) you are registering on your own behalf or on behalf of a minor or other individual for whom you are authorized to register; (c) any and all registration information you submit (on your own behalf of on behalf of another) is and shall remain truthful and accurate; (d) your use of the Services does not and will not violate any applicable law, regulation, or obligation you may have to a third-party; (e) you have all necessary rights, consents, and licenses needed to provide any User Content (defined below) that you provide; (f) and the User Content is compliant with applicable law and does not infringe on the intellectual property, privacy, publicity, moral, or any other rights of any third-party; and (g) our use of your User Content as allowed under these Terms will not cause us to infringe on the rights of any third-party; and (g) you shall comply with all applicable laws, regulations, guidelines, and these Terms throughout your use of the Services. You also undertake that you will only use the Services in compliance with applicable law, including all applicable export laws, to ensure that neither the Services nor any related materials are unlawfully exported. You acknowledge that we may use your Personal Information to communicate with you in accordance with our Privacy Policy, regardless of whether you have engaged directly with us or whether you have engaged with a Reseller. To the extent that you use the Services in connection with any Integrated Products, you represent that you have the right to use such Integrated Products and to integrate them with the Services.
11. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE, APPS, SERVICES, AND ANY CONTENT THEREON IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ACCURATE, TIMELY, COMPLETE, OR USEFUL, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AGENTS OR REPRESENTATIVES, OR ANY RESELLER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.
11.1 THIRD-PARTY PRODUCTS. We cannot control the functionality of services provided by third-parties and assume no responsibility for any telephone or network line failure, interruption, or traffic congestion on the Internet or the Services themselves. We cannot
control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
11.2 DATA RETENTION. We are not a data retention service. It is your sole responsibility to back up any data you provide to us. If the data you provide to us is lost or corrupted for any reason, we shall not be responsible for any damage or loss you experience if you are unable to recover that data.
11.3 THIRD-PARTY MATERIALS; INTEGRATED PRODUCTS. Through the Services, you may be exposed to content, data, applications, websites, smart home technology, materials and/or devices developed or manufactured by third-parties, including Integrated Products that you may use in connection with the Services (“Third-Party Materials”), whether accessed through links or otherwise or provided or made available by us. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, pricing, completeness, timeliness, validity, copyright compliance, legality, decency, functionality, quality, or any other aspect of such Third-Party Materials. We do not endorse, make any warranties, or assume any liability or responsibility to you or any other person with respect to any Third-Party Materials, or any other materials, products, or services of third-parties. Third-Party Materials and links to other websites, if provided by us, are provided solely as a convenience to you. If you choose to connect to any Integrated Products or make any Recordings or User Content available to any Integrated Products, you do so at your own risk. We have no control over the use of this data by any Integrated Products. We are not responsible for the use of any information, including your Personal Information, that you disclose to any third-party.
11.4 NO PROFESSIONAL ADVICE. The use of the Services does not replace any medical treatment or advice to be provided by doctors or other healthcare professionals. No action should be taken based upon any information contained in the Services. Third-Party Materials do not substitute or replace professional medical advice, diagnosis, or treatment. Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something you may have read through the Services.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOICEITT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS (COLLECTIVELY, “VOICEITT PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICEITT
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, DEFECTS, DELAYS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
Nothing in this Section 1.9 excludes or limits our liability to you, or your statutory rights as a consumer if applicable law prohibits such exclusions or limitations.
13. CAP ON DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM OR LIABILITY. IN THE EVENT YOU HAVE ENGAGED THROUGH A RESELLER, WE SHALL HAVE NO LIABILITY TOWARD YOU.
14. IDEMNIFICATION. You hereby agree to indemnify, defend, and hold harmless the Voiceitt Parties from and against all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown (including reasonable court costs and attorneys’ fees), arising directly or indirectly from: (a) any breach or alleged breach of these Terms by you or anyone using your User Account (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation or alleged violation of any of your obligations, representations, or warranties hereunder or any law or regulation, including but not limited to privacy and/or data protection laws and regulations to which you are subject; (d) your infringement or alleged infringement of any right of any third-party, including in connection with User Content; and (e) any other matter for which you are responsible hereunder or under applicable law. Voiceitt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Voiceitt Parties, and you agree to cooperate with our defense of such claims. You may not settle any such claim without our prior written consent. You and Voiceitt will use reasonable efforts to notify the other of any such claim, action, or proceeding upon becoming aware of it.
15. TERMINATION. We may modify, suspend, discontinue, or terminate the Services (or any part thereof) generally and/or your User Account and any or all of the rights granted to you hereunder, at any time, without warning or liability to you or any third-party, at our sole discretion, for any reason, including, but not limited to, (a) your failure to abide by the letter or spirit of these Terms or the Reseller Terms, if applicable; (b) extended periods of inactivity; or (c) behavior that is illegal or harmful to other users, third-parties, or the business interests of Voiceitt. Even after your User Account or right to use the Services as granted hereunder is terminated, these Terms, including all obligations and restrictions imposed on you under these Terms, will remain in full force and effect and will govern any and all disputes arising out of
and/or in connection with your use of the Services and/or these Terms. If your User Account is terminated, you may not access or attempt to reaccess the Services without express permission. Upon termination of your User Account, you shall not have any further access to any Content (as defined below) that may be available through your User Account. If terms you have entered into with a Reseller are terminated or if our engagement with the Reseller is terminated, these Terms shall be the sole terms that govern the relationship between us and you for use of the Services
16. THIRD-PARTY COPYRIGHT INFRINGEMENT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Voiceitt’s copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) a description of the copyrighted work that is the subject of claimed infringement; (b) a description of the infringing material and information sufficient to allow us to locate the alleged material; (c) your contact information, including your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or by operation of law; (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Technologies of Voice Interface Ltd.
Voiceitt, Inc.
Canal Street, Stamford, CT 06902
Tel.: 716 348 8229
Fax: 716 706 1329
Email: copyright@voiceitt.com
UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed and does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable laws, Voiceitt has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Voiceitt may also, at its sole discretion, limit access to the Services and/or terminate the User Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17. GOVERNING LAW. All matters relating to the Services and/or these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with United States federal law and the law of the State of Delaware, without giving effect to the conflict of laws rules thereof. Subject to the mandatory arbitration provision and class action waiver in Sections 1.13 and 1.14, exclusive jurisdiction for all Claims that are not required to be arbitrated will be in the state and federal courts located in Wilmington, Delaware, United States, and you consent to the jurisdiction of those courts.
18. DISPUTE RESOLUTION. If a dispute arises between you and Voiceitt, please email us at support@voiceitt.com, and we will use our best efforts to quickly resolve any dispute in the spirit of cooperation, without formal proceedings. If the dispute is not resolved amicably, such dispute shall be finally settled as detailed below.
Please read this section carefully. You understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.
18.1 MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding, in Wilmington, Delaware. You and Voiceitt agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that this arbitration provision shall survive termination of these Terms and/or your use of our Website, Apps, and/or Services.
18.2 CLASS ACTION WAIVER: You and Voiceitt each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this class action waiver is found to be unenforceable, then the Mandatory Arbitration of Section 1.13 will be deemed severed and void with respect to that proceeding only.
18.3 LIMITED REMEDIES: Additionally, except as may be provided for in Section 1.16, below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
18.4 EXCEPTIONS: Notwithstanding Sections 1.13 and 1.14 above, we each retain the right to seek (A) to resolve a Claim in small claims court if it qualifies, and (B) injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
19. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. PRIVACY POLICY. Please review the Privacy Policy to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information. Our Privacy Policy is incorporated by reference into these Terms. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.
21. THIRD-PARTY LINKS & SERVICES. Our App and Site may contain links to third-party websites. We are not responsible for their terms and conditions or privacy practices. Please review their terms and policies separately.
22. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from causes beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, civil unrest, strikes or labor disputes (excluding those involving the affected party’s workforce), epidemics, pandemics, quarantines, power or internet outages, or acts of government (each, a “Force Majeure Event”). The affected party must (A) use reasonable efforts to mitigate the impact of the Force Majeure Event and continue performance as soon as reasonably practicable, and (B) promptly notify the other party in writing of the occurrence and expected duration of the Force Majeure Event. Payment obligations may be delayed, but not excused, due to a Force Majeure Event, unless otherwise agreed in writing by the parties.
23. NOTICES. To provide an official notice per these Terms, we or you may send a notice by courier, registered mail, or email to the addresses we provide each other. Either party may assume its notice has been received one day after: (1) the business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission. By providing us with your email address, you consent to receive services-related notices, including any notices required by law, to the email address provided. We may also use your email address to send you other messages, such as changes to features of the Services and special offers.
24. GENERAL. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations under these Terms to any third-party. You may not assign any of your rights or obligations in these Terms to anyone else, and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. If a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision that most closely achieves the effect of the original, and the remaining terms of these Terms shall remain in full force and effect. Nothing
in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.
25. CONTACTING US. Technologies of Voice Interface Ltd. is incorporated and registered in Israel under company number 514794486. Our registered office is at Jabotinsky 35, Ramat Gan, Israel. For any questions or complaints, you can contact us at support@voiceitt.com.