Last modified: January 9, 2012
Use of Better VoiceTM Software and the Better VoiceTM Service is governed by this Terms of Service (“Agreement”). Your acceptance of this Agreement, as set forth below, creates a binding legal agreement between you and Shopety, Inc. (“Better Voice”), a Delaware corporation, having its principal place of business at Austin Centre Executive Suites, 701 Brazos St, Austin, TX 78701, Suite 1600. Please read this Agreement carefully.
1. BETTER VOICE SOFTWARE AND BETTER VOICE SERVICE. Use of the Better Voice Service and the following software (collectively, “Better Voice Software”) is governed by this Agreement.
1.1 The Better Voice Service provides text transcriptions of audio files using automated speech recognition technology and may be used in conjunction with other software.
1.2 The Better VoiceTM Software is an application that can be downloaded to devices, such as an Apple® iPhone® or a device running the AndroidTM or BlackberryTM operating system, to access voicemail audio and transcriptions. The Better Voice Voicemail Software operates in conjunction with the Better Voice Service.
1.3 The Better VoiceTM Software offers Unlimited Minutes plans. Even though Better Voice offers unlimited calling and texting under some of its paid plans, Better Voice may restrict the amount of messages, minutes and groups that can be sent or received per plan, per month based on fair use. Better Voice, in its sole discretion, may determine fair use, but in any case fair use will never be less than 1,500 voice minutes per month and 1,500 text messages per month. Fair usage can be overcome by moving to an enterprise plan, which can be obtained by contacting email@example.com.
2. ACCEPTANCE. By downloading and/or installing Better Voice Software you agree to be bound by the terms of this Agreement. You may not use Better Voice Software or the Better Voice Service unless you have accepted the terms of this Agreement.
3. LICENSE. Better Voice grants you a limited, personal, non-exclusive, non-transferable, revocable license for the sole purpose of using Better Voice Software and the Better Voice Service in accordance with and for the duration of this Agreement.
3.1 This license does not permit you to and you are expressly prohibited from (a) making any copies of Better Voice Software, in whole or in part, except to make backups for personal use, (b) distributing Better Voice Software, in whole or in part, to others, (c) modifying Better Voice Software in any way, and (d) reducing or attempting to reduce Better Voice Software to human-readable form by decompiling, disassembling, reverse engineering, or any other means.
3.2 Better Voice and its licensors are the sole and exclusive owner of all intellectual property rights in Better Voice Software and the Better Voice Service and any upgrades, modifications and enhancements thereto, including but not limited to all trade secrets, copyrights, patents, and trademarks.
3.3 Better Voice Software may incorporate CMU Sphinx in binary form, which requires the following notice:
Copyright 1999-2011 Carnegie Mellon University.
Portions Copyright 2002-2011 Sun Microsystems, Inc.
Portions Copyright 2002-2011 Mitsubishi Electric Research Laboratories.
All Rights Reserved. Use is subject to license terms.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
3.3.1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
3.3.2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3.3.3. Original authors' names are not deleted.
3.3.4. The authors' names are not used to endorse or promote products derived from this software without specific prior written permission.
This work was supported in part by funding from the Defense Advanced Research Projects Agency and the National Science Foundation of the United States of America, the CMU Sphinx Speech Consortium, and Sun Microsystems, Inc.
CARNEGIE MELLON UNIVERSITY, SUN MICROSYSTEMS, INC., MITSUBISHI ELECTRONIC RESEARCH LABORATORIES AND THE CONTRIBUTORS TO THIS WORK DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY, SUN MICROSYSTEMS, INC., MITSUBISHI ELECTRONIC RESEARCH LABORATORIES NOR THE CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
4. RESTRICTIONS. Your use of Better Voice Software and the Better Voice Service is subject to the following restrictions:
4.1 You agree that you will not access the Better Voice Service by any means other than through the use of Better Voice Software.
4.2 You agree (a) to use Better Voice Software only for your own personal use, (b) that you will not use Better Voice Software on behalf of other persons or an entity, and (c) that you will not engage in any activity that interferes with or disrupts the Better Voice Service.
4.3 You agree that you will not submit any automated or pre-recorded audio to be transcribed by the Better Voice Service or allow any third-party access to transcriptions of such recordings provided by the Better Voice Service.
4.4 You will not perform any benchmark tests to compare the performance of Better Voice Software or the Better Voice Service to any competitive product or service.
4.5 You will not perform any tests or analysis to determine or attempt to determine the functioning or operation of the Better Voice Service.
4.6 You agree to use Better Voice Software and the Better Voice Service only as permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5. CONTENT AND DATA. Better Voice Software and the Better Voice Service may allow you to send and/or receive information, including but not limited to the audio and a transcript of recorded speech, text messages, advertising, and contact information of the sender and recipient, such as an email address or phone number (collectively “Content”). Better Voice may collect other data about you including your phone number, your email address, and an identifier of your device (collectively, “Data”). On an opt-in basis, Better Voice may request other information from you to improve its products and services and to provide targeted advertising to you. For example, where enabled by you, Better Voice may use the contacts stored in your phone to improve its products and services.
5.1 You agree that Better Voice may store and use the Content and Data to develop and improve its products and services, including but not limited to Better Voice Software and the Better Voice Service, and to provide targeted advertising to you.
5.3 You agree that you will not use the Better Voice Software and the Better Voice Service to send Content to others that is offensive, indecent, or objectionable. You understand that you may find Content received by you to be offensive, indecent, or objectionable, and you agree that Better Voice is not liable for any Content received by you.
5.4 Better Voice may provide advertisements in conjunction with your use of Better Voice Software. You acknowledge and agree that Better Voice does not endorse the advertisements, and that Better Voice is not liable for any aspect of the advertisements, including their completeness and/or accuracy.
5.5 Better Voice stores and processes its data in a secure facility and takes measures to protect data from unauthorized or unintended access. You agree that Better Voice will not be liable for any unauthorized or unintended access to Content or personal data.
6. DISCLAIMER OF WARRANTY. BETTER VOICE SOFTWARE AND THE BETTER VOICE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTER VOICE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BETTER VOICE SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT BETTER VOICE SOFTWARE AND/OR THE BETTER VOICE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE OR RELIABLE, AND WILL BE ERROR FREE, UNINTERRUPTED, OR TIMELY. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY BETTER VOICE OR ITS EMPLOYEES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTER VOICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF GOODWILL, ANY DISCLOSURE OF CONTENT OR PERSONAL DATA, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OF BETTER VOICE SOFTWARE AND/OR THE BETTER VOICE SERVICE. BETTER VOICE SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT BETTER VOICE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. BETTER VOICE SUBSCRIPTION SERVICES.
8.1 Better Voice does not charge to become a Registered User. Better Voice does, however, offer services and features that require selection and agreement to fees prior to the use of the service or feature. Such services and features are called "Subscription Services".
8.2 Because the Better Voice Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Service begins at 12:00 a.m. Central Time and ends at 11:59 p.m. Central Time of that same calendar day.
8.3 No fees will ever be charged to you without your having taken action to order the Subscription Services in question.
8.4 You can find the specific details regarding your subscription to Better Voice at any time by editing your Account Information.
9.1 By signing up for your Better Voice Subscription Service, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Better Voice to the credit card or other payment method accepted by Better Voice ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Account Information. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
9.2 As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or following the terms of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on Account Information page.
9.3 We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your Subscription Service. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your Subscription Service began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your Subscription Service plan, usage fees as defined in your Subscription Service terms, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Better Voice changes the subscription fee or other charges for Better Voice, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
9.4 All fees and charges are nonrefundable as further described in "Ongoing Subscription" below. Very rarely, if there are special circumstances where Better Voice determines it is appropriate (e.g., the Better Voice Service is unavailable for days due to technical difficulties), we may provide credits to affected Registered Users. The amount and form of such credits, and the decision to provide them, are at Better Voice's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
10. ONGOING SUBSCRIPTION AND CANCELLATION. Your Better Voice subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month's billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, then your access to the Better Voice Service will cease and your subscription will not be renewed at the end of the current billing cycle. You can cancel your account by going to Account Information, clicking to "Your Subscription" and clicking on the "cancel" option.
11. UNPAID AMOUNTS. In order to sustain the Better Voice Service, it is important that each user of the Better Voice Service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with Better Voice. You will remain liable to Better Voice for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
12. FREE TRIALS. On occasion, we may offer the use of the Better Voice Service through free trials. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers.
12.1 Once your free trial period ends, we will encourage you to select a subscription plan and submit your Payment Method for monthly subscription fees (plus any applicable taxes) to continue to use the Better Voice Service. If you do not select a subscription plan and submit your Payment Method by the end of your free trial, your account will be suspended or discontinued pursuant to these Terms. Unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
12.2 Better Voice reserves the right to terminate trial accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a trial account is inactive for ninety (90) days, then Better Voice may delete any or all of your data without providing additional notice.
13. TERMINATION. This Agreement will apply until terminated by you or Better Voice.
13.1 You may terminate this Agreement at any time, and may do so without informing Better Voice.
13.2 Better Voice may terminate this agreement at any time, with or without notice to you, for any reason, including but not limited to (a) Better Voice’s determination in its sole discretion that you have violated the terms of this Agreement; (b) failure to bring your account balance into good standing; or (c) Better Voice determines that Better Voice Software or the Better Voice Service are no longer commercially viable.
13.3 Upon the termination of this agreement, by you or by Better Voice, you will cease all use of Better Voice Software and the Better Voice Service and will delete all copies of Better Voice Software. You agree that you are solely responsible for stopping the forwarding of any and all of your information (e.g., phone calls) to the Better Voice Service.
14. CARRIER FEES. You acknowledge and agree that you are solely responsible for any fees charged by third parties for the use of any network route voicemails, make calls, or to send and receive Content in conjunction with the use of Better Voice Software and the Better Voice Service.
14. 911, EMERGENCY & RESTRICTED SERVICES. You cannot use the Service to place certain calls, which include but are not limited to 1-900 or other toll calls, 911 and certain other N11 services (211, 311, 511), area code 500, 700, and 710 calls, 10-10-XXX dial-around calls, or international operator or directory assistance calls. Because the Service may rely on Your third-party service, any limitations in that service will also limit the manner in which You can use the Service.
15. CHANGES. Better Voice may make changes to this Agreement from time to time. When changes are made, Better Voice will make an updated copy available to you from the Better Voice Software. To continue using Better Voice Software, you must accept the terms of the updated agreement as set forth above.
16. SUPPORT. Questions regarding Better Voice Software or the Better Voice Service may be directed to Better Voice by mail using the address below or by email to firstname.lastname@example.org, or via our support forum at getsatisfaction.com/bettervoicemail..
17. GENERAL LEGAL TERMS. This Agreement will be governed by the laws of the state of Texas without regard to its conflicts of laws principles. You and Better Voice agree to submit to the exclusive jurisdiction of the courts located within the county of Travis, Texas to resolve any legal matter arising from this Agreement. This Agreement is the whole agreement between you and Better Voice and supersedes any prior communications or agreements. If any provision of this Agreement is held invalid, such provision will be removed and the remaining provisions will continue to be valid and enforceable. The failure of Better Voice to enforce any right or remedy arising out of this Agreement will not constitute a waiver of such right or remedy. Sections 4, 5, 6, 7,11, and 17 of this Agreement will survive the termination of this Agreement.