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”). In addition, our technology is designed for integration with voice enabled products like smart homes and smart speakers. “You” and “your” mean, as applicable, an individual accessing and/or using the Services (as defined below), the parent or guardian of any minor who accesses and/or uses the Services (on behalf of such parent or guardian and such minor), or an individual who uses the Services on behalf of another individual (on behalf of each such individual).
If the individual accessing and/or using the Services is a minor, you represent to us that you are either the parent or legal guardian of that minor, that you consent to that minor’s use of the Services in accordance with these Terms, and that you have the authority to enter into these Terms on behalf of yourself and that minor and for that minor’s benefit. Please see the Privacy Notice (as defined below) for more information on minors’ use of the Services. If you access and/or use the Services on behalf of any other individual (for example, as a caregiver, speech therapist, or occupational therapist), you represent to us that you are an authorized representative of that individual and that you have the authority to enter into these Terms on behalf of yourself and that individual and for that individual’s benefit, and that you have obtained explicit consent from that individual (or, if that individual is a minor, from his or her parent/guardian), if and as required by applicable law. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and such individual and the right to access and/or use the Services is hereby revoked where these Terms access and/or use of the Services is prohibited.
These Terms of Service (“Terms”) govern your access to and use of voiceitt.com and any sub-domain and/or successor site (collectively, “Site”) and the App (collectively, including all content, functionalities, features and services offered on or through the Site and/or App, the “Services”). Our privacy notice, available at https://voiceitt.com/privacy-policy (“Privacy Notice”), is hereby incorporated herein and governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).
These Terms are a binding legal agreement between you and Voiceitt, governing your use of the Services. By accessing or using the Services, downloading the App, or clicking on the “I accept” or similar button or tick box, you acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to any of the terms of these Terms, do not use or access (or continue to access) the Services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- The Services.
- The App is designed to help you communicate using your own voice by allowing you to record short voice recordings (“Recordings”) and analyzing and processing the Recordings to enable you to use the Recordings in your verbal communications. To access the Services, you must download our App on a mobile phone or portable device that (a)uses Android Operating System or iOS, (b) you own or control and (c) is compatible with the App.
- Subject to these Terms, Voiceitt allows you to, and hereby grants you a limited, revocable, non-sublicensable, non-transferable right and license to, access and use the Services on a non-exclusive basis.
- The Services are controlled and operated from facilities in Israel and the United States of America (“S.”). Use of and access to the Services is void where prohibited by law.
- You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not and will not violate any applicable law, regulation, or obligation you may have to a third party; (d) you shall comply with all applicable laws, regulations, guidelines, and these Terms throughout your use of the Services; (e) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (f) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Subscription Purchases and Other Purchase Terms and Conditions.
- Access and use of the App is offered on a paid subscription basis (“Subscription”). To access and use the App, please purchase a Subscription through Apple, Inc.’s (“Apple”) App Store.
- By purchasing a Subscription, you acknowledge and agree to the following:
- any purchase through the Apple App Store is subject to the terms and conditions of the Apple App Store;
- your payment will be processed via the payment gateway used by the Apple App Store at the time of your purchase;
- you will take up any payment-related issues you experience in connection with the purchase of the Subscription directly with Apple;
- you will have a 30-day free trial period during which you can access and use the App for free (the “Trial Period”);
- unless you cancel your Subscription during the Trial Period, you will be automatically charged by the Apple App Store for the Subscription at the end of the Trial Period;
- each Subscription is valid for one (1) year from the end of the Trial Period (the “Subscription Term”);
- you may cancel your Subscription at any time, but you will not be entitled to any refunds or credits;
- unless you stop recurring payments through the Apple App Store and/or cancel the Subscription through the Apple App Store at least 24 hours before the end of the Subscription Term, your Subscription will auto-renew for an additional Subscription Term, and you will be charged for an additional Subscription, on the first day of the next billing period;
- the Subscription fee will apply regardless of how much or how often you access or use the App;
- if Subscription fees billed to your account are not processed for any reason, we may suspend your access to the App until payment is made in full;
- we reserve the right to vary the fees billed for a Subscription from time to time, but only for the next and subsequent billing periods;
- if we take action to collect any unpaid Subscription fees from you, you will pay all costs (on a full indemnity basis) we incur in doing so; and
- to the maximum extent permitted by applicable law, we do not offer refunds or credits for unused Subscriptions (even if you canceled your Subscription before the end of the Subscription Term), accidental purchases, medical conditions, or any similar reason or event.
- User Accounts.
- To access and use the App, your need to create an account (“User Account”). When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. We may indicate that the provision of some information is optional, but your provision of such information may assist us in providing you with improved Services. Voiceitt may refuse to open an account for any individual at its sole discretion.
- You may never use another user’s User Account without that user’s explicit permission.
- Each time you log into the App, you will be required to identify yourself with your password. We encourage you to use “strong” passwords. If you forget your password, you may be able to reset it by requesting that we send you an email. If you choose the “remember me” option, you will be able to log in automatically (without entering your log-in details) as long as you have not signed out of the App, changed your password, reset your mobile device, or uninstalled the App. If you choose the “remember me” option, you should set a screen saver on your mobile device using a strong password that you change frequently.
- You are solely responsible for the activity that occurs on your User Account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Voiceitt will not be liable for any losses or damage arising from unauthorized use of your User Account or password, and you agree to indemnify and hold Voiceitt harmless for any unauthorized, improper or illegal use of your User Account and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your User Account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
- 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 to 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; (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 access the Services again 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.
- You may request termination of your User Account at any time and for any reason by sending an email to firstname.lastname@example.org. Following such request, Voiceitt shall shut down your User Account as soon as reasonably practicable.
- User Submissions. Voiceitt may allow you to submit, post, display, provide, or otherwise make available information, data, content and/or materials, including, without limitation, the Recordings, photographs, other images, videos, comments, quotes, testimonials and other written materials (collectively, “User Submissions”) to Voiceitt and/or third parties.
- Voiceitt has no obligation to accept or maintain any User Submissions. Moreover, Voiceitt reserves the right to remove and permanently delete any User Submissions, without notice and for any reason. You are, and shall remain at all times, fully and solely responsible for any User Submissions you upload to the Services or otherwise make available to Voiceitt. You represent and warrant that any and all such User Submissions and Voiceitt’s use thereof as contemplated herein (a) comply with all applicable laws; (b) do not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (c) that you have all necessary rights, authorities, consents, and permissions to provide us with such User Submissions and to grant Voiceitt all of the rights and licenses granted under these Terms, including, without limitation, with respect to Personal Data contained in User Submissions.
- Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Submissions, or act in any way, that (a) are/is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (b) imposes an unreasonably or disproportionately large load on our infrastructure; or (c) posts, stores, transmits, offers, or solicits anything that contains (i) material that we determine, in our sole discretion, to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is, in our sole discretion, racially or ethnically insensitive, defamatory, harassing or threatening, (iii) obscene material, (iv) any virus, worm, trojan horse, or other harmful or disruptive component, or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise, in our sole discretion, inappropriate or offensiv
- Voiceitt takes no responsibility and assumes no liability for any User Submissions that you or any other user or third party makes available over the Services, and Voiceitt hereby expressly disclaims any such responsibility or liability. You shall be solely responsible for your User Submissions and the consequences of making User Submissions available to Voiceitt and/or others, and you acknowledge and agree that Voiceitt is acting only as a passive conduit for your online distribution and publication of User Submissions. You understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you acknowledge and agree that Voiceitt shall not be liable for any damages you allege to incur as a result of any User Submissions, and you hereby expressly relieve Voiceitt from any liability for such damages.
- Intellectual Property.
- YOU HAVE AND SHALL AT ALL TIMES RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. By submitting, providing, or otherwise making available any User Submissions on or through the Services, you hereby grant to Voiceitt and its successors and assignees a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, transferable, sublicensable license, right and permission to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, conduct trainings using, and make derivative works of all such User Submissions, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, to provide the Services; to develop, test, improve, and alter the functionality of the Services; for marketing purposes; and to produce anonymized and aggregated reports and research. Without limiting the generality of the foregoing, by granting the license granted pursuant to this Section 1, you hereby authorize Voiceitt to use, publish, distribute, syndicate, publicly perform, and publicly display your legal name, alias, professional names, nicknames, signature, voice and/or likeness in connection with your User Submissions.
- The Services, including all information, software, text, displays, images, videos and audio, and the design, selection, and arrangement thereof (collectively, the “Content”), and all intellectual property rights and other proprietary rights therein and thereto, are owned by Voiceitt or its licensors, as applicable, and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Content for any purpose. Nothing in these Terms or the Services grants you any right to use any trademark, service mark, logo, or trade name of Voiceitt or of any third party.
- If you provide us with any feedback regarding the Services or any Content, we may use, exploit, copy, modify, publish and/or redistribute all such feedback without restriction, and we shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
- Use Restrictions. You may not use the Services other than as permitted in these Terms and any applicable third-party terms and conditions. Without limiting the foregoing, you shall not, directly or indirectly: (a) rent, lease, lend, sell, redistribute or sublicense the Services or any part thereof; (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, any updates thereto, or any part thereof; (c) combine the Services or any part thereof with, or incorporate the Services or any part thereof in, any other programs; (d) attempt to gain unauthorized access to the Services, or any part of them, to other users’ accounts, or to computer systems or networks connected to the Services; (e)interfere or attempt to interfere with 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) exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or by burdening network capacity; (g) use any robot, spider, scraper or other automated means to access the Services for any purpose; (h) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services; or (i) 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 Submissions of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services
- Third-Party Materials; No Professional Advice. Through the Services, you may be exposed to content, data, information, applications, websites, hardware, smart home technology (including software, hardware and any other components thereof) or materials from third parties (“Third–PartyMaterials”), through links or otherwise. 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, 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 are provided solely as a convenience to you. 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.
- NO WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES MAY BE SUBJECT TO INTERRUPTIONS FROM TIME TO TIME AND FAILURES FOR A VARIETY OF REASONS BEYOND OUR CONTROL, SUCH AS WIRELESS SERVICE LIMITATIONS AND FAILURES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, 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. VOICEITT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ACCURATE, TIMELY, COMPLETE, OR USEFUL, OR 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, 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. 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.
- LIMITATION OF LIABILITY.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOICEITT, ITS AFFILIATES AND 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 OR RELATED TO 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; AND/OR (F) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, INCLUDING RELATED TO THE SUBJECT MATTER OF THESE TERMS EXCEED THE AMOUNT YOU HAVE PAID TO VOICEITT IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM OR LIABILITY. AS SUCH, IF YOU HAVE NOT PAID US ANY AMOUNTS, WE DO NOT HAVE ANY LIABLTY TOWARD YOU, AND IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Nothing in these terms excludes or limits our liability to you, or your statutory rights as a consumer. if the law of the jurisdiction where you live does not allow the exclusions or limitations of liability provided for in these Terms.
- Indemnification. 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 computer, mobile device, and/or 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 Submissions; 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. Each of you and Voiceitt will use reasonable efforts to notify the other of any such claim, action or proceeding upon becoming aware of it.
- Copyright Infringement Claims. 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)description of the copyrighted work that is the subject of claimed infringement, (b) 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.
Address: Voiceitt, Inc.
700 Canal Street
Stamford, CT 06902
Tel.: 716 348 8229
Fax: 716 706 1329
- 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.
- Apple iOS Special Terms and Conditions. If you use the App on an iOS device, you agree to the following terms and conditions. Nothing in this section will be deemed to change or limit our agreement with you.
- You acknowledge that Apple is not a party to these Terms, is not responsible for the App or the Content and has no obligation to furnish any maintenance and support services with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- Your right to use the App is limited to use on an iOS device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms of Service and in accordance with these Terms. You shall comply with such Usage Rules.
- You acknowledge that Apple is not responsible for any product warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the price you paid to Apple for the App, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you whatsoever with respect to the App or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Voiceitt to confirm to any warranties provided.
- You and Voiceitt acknowledge that Apple is not responsible for: (a) product liability claims; (b) claims that the App fails to conform to any applicable legal or regulatory requirement; (c)claims arising under consumer protection, privacy or similar legislation; or (d) any third-party intellectual property infringement claims.
- Governing Law; Arbitration. In the event a dispute arises between you and Voiceitt, please email us at email@example.com and we will use 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.
- New York Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
- Arbitration. YOU AND VOICEITT AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY FROM, OR ARISING OUT, OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION UTILIZING THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN NEW YORK CITY, NEW YORK, USA, provided that the foregoing shall not prevent Voiceitt from seeking injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights in any court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
- Class Action/Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USERS OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOICEITT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- General. If any provision of these Terms is held to be contrary to applicable law, then such provision shall be construed, as nearly as possible, to reflect the original provision, and the other provisions remain in full force and effect. A party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Headers are solely for convenience. Voiceitt may freely assign these Terms, but you may not assign or otherwise transfer, by operation of law or otherwise, these Terms or any rights or obligations herein.
- Notification Procedures and Changes to the Terms. Voiceitt may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, push notifications, or through posting of notices on the Site and/or App, as determined by Voiceitt in its sole discretion. By providing us your email address, you consent to our using that email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out of receiving email messages by clicking the “unsubscribe” link in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Voiceitt is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. By agreeing to these Terms, you agree to receive push notifications from us. You can opt out of receiving push notifications through your mobile device’s settings. Please note that opting out of receiving push notifications may impact your use of the Services. Voiceitt may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you, using any of the methods listed above, that material changes have been made to the Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of these Terms or any future Terms of Service, do not use or access (or continue to use or access) the Services.
- About Us. Technologies of Voice Interface Ltd. is incorporated and registered in Israel under company number 514794486. Our registered office is at Dov Friedman 2, Ramat-Gan, Israel. For any questions or complaints, you can contact us at firstname.lastname@example.org.