Terms of Service (TOS)
DESCRIPTION OF OUR SERVICES
Subject to the restrictions on use set forth in the Terms, you may use the Voicefox Services to:
Record the meeting to which you invite Voicefox and gain access to the recorded video and audio (“Smart Recording”) where you can search for keywords, play segments by a speaker, view thumbnail of slide or key frames presented and save bookmarks.
You may not use this Site or access the Services if you are under eighteen (18) years of age. By accessing the Services, you represent and warrant that you have the right, authority and capacity to enter into the Terms and to abide by all of the terms and conditions set forth in the Terms. If you elect to use Services in connection with your employment or your work for a third party, you also represent and warrant that you have all right, authority, permission and third party approvals necessary to allow the Services to record and process your business meeting information to the extent such information is proprietary to such employer or third party.
EQUIPMENT; RELATED CHARGES
You are solely responsible and liable for any bandwidth issues or hardware incompatibility that result from your access and use of the Services via your computer or mobile device. You acknowledge that third party terms and fees may apply to the use and operation of your mobile devices in connection with your access and use of the Services, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
RECORDING OF MEETING DISCUSSION
You agree to comply, and you will require your meeting guests to comply, with all applicable laws regarding the privacy of communications occurring during your meetings including informing the participants in your meetings that the meeting discussion is being recorded by Voicefox.
Conditions of Use.
You and your meeting guests are solely responsible for any meeting discussion that becomes part of the Smart Recording. You and your meeting guests may not use the Services to record and process meeting discussion that:
(i) Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes gambling or unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, spam, pyramid schemes, contests, sweepstakes, or any other form of solicitation; or (vi) iis objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Voicefox or its users to any harm or liability of any type; Violates the rights or confidentiality of your employer or any other third party; is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
Seeks to collect email addresses or other contact information for the purpose of sending unsolicited emails or other unsolicited communications;
Solicits personally identifiable information from someone under the age of 18; or
Seeks to access or obtain any information through any means not made available or provided for through the Services.
Voicefox reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, deleting the offending meeting information and terminating the Voicefox accounts of violators or blocking one’s access and use of the Services.
Voicefox does not control the meeting discussion, and does not guarantee the accuracy, integrity or quality of the Smart Recording. Under no circumstances will Voicefox be liable in any way whatsoever for the Smart Recording or any other meeting information. If there should arise a dispute between you and any other user of the Services, Voicefox is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.
CONDITIONS TO TRANSMITTING MEETING INFORMATION VIA THE SERVICES
By accessing and using the Services, you and your meeting guests acknowledge and agree that:
Your and your meeting guests’ access and use of the Services, including the recording, processing and delivery to you and your meeting guests of information generated from a meeting to which you invite Voicefox and engage the Services, are solely at your and your meeting guests’ own risk;
If you access and use the Services in connection with your employment or other work for a third party, you agree to adhere to your employer’s or such third party’s policies, guidelines and procedures concerning: (i) any meeting information you make accessible to Voicefox for recording and processing by our Services, and (ii) any meeting information that our Services transmit to your meeting guests.
Unless otherwise expressly authorized by Voicefox, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
At the conclusion of any applicable free trial period for the Services, you will be required to select a payment plan and provide us with your credit card and associated personal information, and you agree to keep this billing information up-to-date in your Voicefox services account. You hereby authorize Voicefox to bill your credit card in advance on a periodic basis as required under your payment plan until you terminate your Voicefox services account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Voicefox know within fifteen (15) days after the date that Voicefox’s fee is billed to your credit card. We reserve the right to change Voicefox’s payment plans and fees and in such event will notify you of such plan and/or fee change on the Site and/or in an email sent to you (at the last email address we have for you in Voicefox’s records) at least 30 days before the change is to take effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the changed fee. You will be responsible for all taxes associated with the Services other than U.S. taxes based on Voicefox’s income.
Until your Voicefox services account is terminated, your Services subscription will automatically renew and your payment will be deducted in advance of the period set under your payment plan. If you terminate your account in accordance with these TOS before Voicefox processes your payment for a given payment cycle, then you will not be charged for the next payment. Voicefox does not offer refunds or credits for partial periods of service or unused periods.
Intellectual Property Rights; Licenses.
Voicefox INTELLECTUAL PROPERTY
Voicefox’s Intellectual Property. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, names, logos and all other elements of Voicefox and the Services (collectively, the “Voicefox Materials”) are protected by copyright, trade dress, patent, trade secret and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Voicefox Materials, including intellectual property rights therein, are the property of Voicefox and/or third-party licensors. Voicefox reserves to itself all rights not expressly granted in these TOS. You shall not acquire any right, title or interest to the Voicefox Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these TOS. Accordingly, you agree not to copy, modify, create a derivative work of, disassemble, decompile or otherwise reverse engineer any components of Voicefox or the Services or any other Voicefox products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. All goodwill generated from the use of Voicefox Materials will insure to Voicefox’s exclusive benefit. Voicefox reserves to itself all rights in Voicefox and the Services not expressly granted to you in these TOS.
YOUR LICENSE TO Voicefox
To capture a Smart Recording and capture Bookmarks, our Services use proprietary software, algorithms and an artificial intelligence engine to process the meeting information. Accordingly, you grant Voicefox a royalty-free, non-exclusive, irrevocable (for so long as your Voicefox account remains in good standing), worldwide, sublicensable license and right to: (1) record, store, use, display, modify, index, publish, perform, create derivative works from, incorporate into other works, and transmit the meeting discussion in whole or in part between you and your meeting guests other than those portions of such discussion that you or your guests command Voicefox not to record; (2) analyze and process the Smart Recording in an attempt to clarify or correct any voice note that is difficult to transcribe; (3) process the Smart Recording to generate a word cloud summary and transcribed bookmarks; (4) store, retain, make accessible, transmit and transfer the meeting information and your and your meeting guests’ information among the meeting participants and such third parties as are set forth in the Terms; (5) apply Voicefox’s algorithms and artificial intelligence to your meeting information to map your and your guests’ speech patterns and vocabulary and generate deep learnings related to processing meeting information; and (6) sublicense these rights to third parties with which Voicefox has contractual service provider relationships for the purpose of providing the Services. Other than the licenses you grant Voicefox above, we acknowledge and agree that Voicefox obtains no right, title or interest from you (or your meeting guests) to any of your meeting information.
LIMITED LICENSE TO YOU
Conditioned upon your compliance with the terms and conditions of these TOS, Voicefox hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable license to access and use the Services for your personal use on a device owned or controlled by you. Upon termination of your Voicefox service account, all license and other rights granted to you in these TOS will immediately cease. Subject to these TOS, any applicable restrictions of your employer or other third party having any rights to the meeting information you have made accessible to Voicefox and the Services, and applicable law, you are authorized and entitled to share with your meeting guests the Smart Recording and Bookmarks generated by and delivered via the Services, at your discretion.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by e-mail to: [email protected] (You may also contact us by mail to Voicefox, LTD., Attn.: Copyright Agent, 13B Aberdare Gardens, London, NW6 3AJ) Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material in the Services, with enough detail to enable us to find it in the Services; (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Any notice to Voicefox claiming copyright infringement that does not comply with the requirements of this provision will not receive a response.
MODIFICATION OF THE TERMS
TERM AND TERMINATION
These TOS will remain in effect until terminated. These TOS, and your rights and licenses hereunder, will terminate immediately upon your breach of these TOS. You may terminate these TOS by discontinuing your use of Voicefox and the Services at any time. Voicefox may terminate the Services and/or these TOS, or limit or terminate your access to the Services and block, remove or discard your meeting information at any time for any reason. The sections of these TOS entitled “Intellectual Property Rights; Licenses”, “Term and Termination”, “Warranty Disclaimer and Limitation of Liability”, “Liability Waiver”; “Indemnification and Release”, “Dispute Resolution” and “Miscellaneous” shall survive any termination of these TOS.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Voicefox DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. Voicefox EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO (1) THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY MEETING INFORMATION OR FEATURES MADE AVAILABLE THROUGH THE SERVICES, (2) THE QUALITY OR CONSISTENCY OF THE SERVICES, (3) THE SERVICES BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (4) THE ACCURACY OR RELIABILITY OF THE SMART RECORDING OR BOOKMARKS OR ANY OTHER FUNCTIONALITY AVAILABLE AS PART OF THE VOICEFOX SERVICE.
UNDER NO CIRCUMSTANCES WILL VOICEFOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (EVEN IF Voicefox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, VOICEFOX AND THE SERVICES AND ANY MEETING INFORMATION AVAILABLE THEREON; (2) AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR Smart RecordingS, WORD CLOUD SUMMARIES AND VOICE NOTES; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOUR MEETING GUESTS) ON THE SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL VOICEFOX TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES YOU HAVE PAID TO Voicefox IN THE LAST SIX (6) MONTHS, OR, IF GREATER ONE HUNDRED DOLLARS ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
INDEMNIFICATION AND RELEASE
To the maximum extent permitted by law, you agree to release, defend, indemnify and hold Voicefox and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your access to and use of the Services and any meeting content, any breach by you of these TOS, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND Voicefox.
By using this Site and accessing or using the Services, you agree that the laws of the State of California excluding that state’s choice-of-law principles will govern these TOS, the breach thereof, and any dispute of any sort that might arise between you and Voicefox, whether sounding in contract, tort or otherwise.
YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND Voicefox ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND VOICEFOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.
Any and all disputes between you and Voicefox, whether arising under or related in any way to these TOS or your access and use of this Site, Voicefox and/or the Services or otherwise, must be resolved through binding arbitration as described in this Dispute Resolution provision. Voicefox provides the Services to you on the condition that you accept binding arbitration and the dispute resolution provisions in this Dispute Resolution provision, so if you initiate any claim against Voicefox in any other manner, you shall be in violation of these TOS and you agree that Voicefox shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Voicefox for its reasonable costs incurred in defending against such improperly initiated claim.
If for any reason a claim proceeds in court rather than in arbitration, you and Voicefox both waive any right to a jury trial. In the event any of the terms of this Dispute Resolution provision are held to be unenforceable by a court, then the disputes or claims that would otherwise have been arbitrated shall be exclusively brought in the state courts located in Santa Clara county CA, or the U.S. District Court for the Northern District of California in San Jose, CA, and you and Voicefox both waive any claim of forum non-conveniens. You and Voicefox also agree that you or Voicefox may bring suit in court to enjoin infringement or other misuse of intellectual property rights, provided that such suit and claims may be brought only in the courts identified in the prior sentence.
YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TOS WITHIN TWELVE (12) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT TWELVE-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THESE TOS WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED). This provision barring claims older than twelve months shall be deemed to constitute a separate written legally binding agreement by and between you and Voicefox.
YOUR SUGGESTIONS AND IDEAS
LINKS TO THIRD PARTY WEB SITES
Throughout the Site, we sometimes provide links to web sites maintained by third parties. Our linking to such third-party web sites does not imply an endorsement, guarantee, approval or sponsorship of such web sites, or the information, products or services offered on or through such web sites. Nor do we warrant that these web sites will not contain viruses or otherwise impact your computer or mobile device. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the web sites linked to by us on the Site. You should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
NOTICE FOR CALIFORNIA USERS AND CALIFORNIA CIVIL CODE SECTION 1789.3 COMPLIANCE
When this Site charges you for our Services, pricing information will be posted as part of the ordering process. You may contact Voicefox at [email protected] or at Voicefox, LTD., Attn. Legal Officer, 13B Aberdare Gardens, London, NW6 3AJ.
(1) These TOS and all the policies referenced herein constitute the entire agreement between Voicefox and you concerning the subject matter hereof and thereof, and it may only be modified by a written amendment signed by an authorized officer of Voicefox. (2) The section titles in these TOS are provided solely for convenience and have no legal or contractual significance. (3) These TOS shall be governed by and interpreted under the laws of the State of California regardless of your country of origin or where you access and use Voicefox or the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods. (4) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (5) If for any reason a court of competent jurisdiction finds any provision of these TOS or portion thereof, to be unlawful, void or unenforceable, that provision of these TOS shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these TOS shall continue in full force and effect. (6) You may not assign your rights under these TOS to any party without Voicefox’s consent. (7) Voicefox may assign its rights under these TOS, in whole or in part, at any time without notice to you.
Published on 10/28/2017.
© 2017 Voicefox, LTD. All rights reserved.