PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT
The Voicer Suite Terms of Use (the "Agreement") and complimentary documents are binding agreement between you or, if applicable, the company or other legal entity you represent ("you") and Voicer Suite, which together with its affiliates (collectively, "Voicer Suite," "we" or "us") operate the platform of Voicer Suite, online CRM or ERP as a service, or, on-premise (herein, VOICER) platform. This Agreement incorporates by reference: the Conditions of Use and the Voicer Suite Privacy Notice posted on www.voicersuite.com, the specific fee, storage limit and other service terms associated with any service plan you choose or that is provided to you when you use VOICER ("Your Service Plan") and other policies, conditions, rules and procedures that we post and update on VOICER or on VoicerSuite.com. You accept the terms of this Agreement by confirming the acceptance or by using VOICER. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to this Agreement. If you do not have the authority, or if you do not agree with the terms of this Agreement, you may not be able to use VOICER products and/or services.
Subject to your compliance with the terms of this Agreement and your payment of any applicable service fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use VOICER solely for the purpose of storing and retrieving your personal or business files and data that you have the full right and authority to store and retrieve (all such files, "Your Files"). You agree not to use VOICER in any other way, including to store, transfer or distribute files of or on behalf of third parties, for any form of file sharing, to operate your own file storage service or to resell any part of VOICER. VOICER is offered globally, however, we may restrict access from certain locations due to restrictions, tariffs, or security reasons.
As VOICER evolve over time, we would need to update the terms of this Agreement. You agree that we can update the terms of this Agreement at any time by posting changes on VOICER or on VoicerSuite.com. Unless we otherwise note at the time of posting, changes will be effective immediately upon posting, but any increase in fees will not affect the cost of Your Service Plan during its term. You accept changes either by using VOICER after we post the changes on VOICER or on VoicerSuite.com or by clicking to confirm acceptance. You are responsible for checking VOICER and VoicerSuite.com for changes to this Agreement.
To use VOICER, you must have an active VOICER account. You may only use VOICER in connection with one VOICER account, so if you have multiple VOICER accounts, you would need to choose the account you want to use for VOICER for the instance. The account credentials; account ID and password for your VOICER account, are all that is required for access to information as well as files you store on VOICER. You are responsible for maintaining the confidentiality of your account and password and preventing their misuse and you agree to accept responsibility for all activities that occur under your account. You may not use a name, username or email address that you are not authorized to use or share your VOICER account credentials with others for purposes of allowing others to use VOICER through your account. If we suspend or terminate your use of VOICER account for any reason, you may not use VOICER through another VOICER account or services.
4.1. Service Plan Selection. The Service offers a variety of service plans that have different features, including storage capacity limits and fees (each a "Service Plan"). You can select Your Service Plan from among available Service Plans and, you will be provided a default Service Plan as Your Service Plan if you haven't chosen a Service Plan. You can see VOICER Plans (i.e., editions) currently available here.
4.2. Service Plan Fees. If Your Service Plan requires payment of fees, the price stated does not include any taxes that may apply and that we may charge. Service fees paid are non-refundable, even if you stop using VOICER. If you upgrade Your Service Plan to a more expensive plan, the upgraded plan will immediately become Your Service Plan, you will be charged the additional fees, and Your Service Plan term may be extended, as described at the time you upgrade. If you downgrade Your Service Plan to a less expensive plan, unless otherwise specified, the downgrade will not take effect until the end of the term of Your Service Plan, at which time your new Service Plan will become Your Service Plan at the then current fee.
4.3. Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM FOR A NEW SERVICE PLAN, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. SERVICE PLAN FEES AND FEATURES WILL CHANGE FROM TIME TO TIME. Your renewal plan will be the one we choose as being closest to your current service plan. However, unless we send you notice in advance of renewal to the contacts that associated with your account, your renewal plan will not have a price that is higher or a term that is longer than your service plan that has expired. You are responsible for checking the price and features applicable to the renewal of your service plan.
4.4. Promotional and Trial Offers. We may offer trial Service Plans or promotional Service Plans ("Promotional Plans") for access to VOICER. Some Promotional Plans may automatically upgrade to a paid Service Plan at its regular price at the end of the promotional or trial period unless you choose not to upgrade by using the means we provide you to do so. If you sign up for a Promotional Plan THAT AUTOMATICALLY UPGRADES, UNLESS YOU choose not to upgrade, we will charge your account the applicable Service fee(s) at the end of the term of the Promotional Plan. Specific terms of Promotional Plans will be provided with the plans.
5.1. Your Files. By using VOICER with Your Files, you are directing us to store Your Files on your behalf. You are solely responsible for the content of Your Files and your use of VOICER to store and retrieve Your Files. You must ensure that you have all the necessary rights in Your Files that permit you to use VOICER without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, electronical worms, or other malicious or harmful code. In transferring Your Files to and from VOICER, you are responsible for complying with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control, or, relevant agencies. Failure to comply with these requirements may result in the immediate termination of your rights under this Agreement in accordance with Section 7.1.
5.2. Our Right to Access Your Files. You give us the right to access, retain, use and disclose your account information and Your Files: to provide you with technical support and address technical issues; to investigate compliance with the terms of this Agreement, enforce the terms of this Agreement and protect the Service and its users from fraud or security threats; or, as we determine is necessary to provide VOICER or comply with applicable law.
5.3. Security. Although we take all necessary measures to avoid; we do not guarantee that Your Files will not be subject to misappropriation, loss or damage and we will not be liable if they are, due to technical circumstances. You are responsible for maintaining appropriate security, protection and backup of Your Files as required.
5.4. Limits, Changes and Cancellation. Service Plans are subject to storage capacity limits. If you exceed your storage limit, restrictions will be placed on your use of the Service until you either remove enough of Your Files to come within your storage limit or upgrade Your Service Plan to a plan with enough storage capacity. We reserve the right to impose other limits on use of VOICER. We may also restrict your access to VOICER if we determine that your use of VOICER violates this Agreement or substantially exceeds normal use by other users. Improper or excessive use may also result in termination of your use of VOICER. We may change VOICER, or any part of it, or end VOICER, or any part of it, either temporarily or permanently, at any time, with or without prior notice to you. We will not be liable for any damage or loss (including any loss of data or profits) or any other consequences that you may incur as a result of any restrictions on your use of VOICER or your inability to access and use VOICER.
5.5. Access Fees and Charges. You are responsible for any internet access charges, such as, mobile data fees or third-party charges you may incur (for example, fees that may be charged by your internet service provider or wireless carrier) in connection with your use of VOICER, your access to Your Files using VOICER and transfer of Your Files to and from VOICER.
6.1. Use of the Software/Service. We may make available to you, from time to time, software/service for your use in connection with VOICER (collectively, the "Software"). Unless and to the extent specifically provided otherwise in the Software/Service or related documentation (including files posted online), you may use the Software only in connection with VOICER and you may not (a) separate any individual component of the Software for use other than in connection with VOICER, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, (d) use it, or any portion of it, over a network, (e) sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part, or (f) modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may discontinue some or all of any Software at any time. We may also terminate your right to use any Software at any time and in such event may modify it to make it inoperable or take other actions as needed to restrict access to or availability of the Software.
6.2. Updates. In order to keep your Software and/or Service up-to-date, we may automatically provide you with updates/upgrades to the Software and/or Service.
6.3. Export Regulations; Government End Users. You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country, or otherwise in violation of any applicable restrictions or regulations. If you are a Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the Code of Federal (and/or Provincial) Regulations, and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement.
6.4. Information Provided The Service and the Software may provide Voicer Suite with information relating to your use and performance of VOICER and the Software, as well as information regarding the devices on which you download and use the Software and VOICER. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of VOICER, or occurrences of technical errors. Any information we receive is subject to the VOICER's privacy notice located at www.VoicerSuite.com/privacy.
7.1. Termination. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. We may suspend or terminate your use of VOICER at our discretion without notice at any time. You have no right to use VOICER during a suspension or following a termination.
7.2. Refund of Fees. If we suspend your use of the service for more than thirty consecutive days or terminate your use of VOICER, you will be entitled, as your sole remedy, to a refund of a portion of any Service fees you have paid under Your Service Plan, prorated according to the time period remaining on Your Service Plan. However, you will not receive any refund of fees if we suspend your use of the service for less than thirty consecutive days, or if we determine, at our discretion, that you have engaged in conduct that violates this Agreement or otherwise involves fraud or misuse of VOICER or harms our interests or those of another user of VOICER.
8.1. Severability of Terms. If any provision of this Agreement (including any amendment) is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.
8.2. Damages Cap. We provide VOICER subject to the Disclaimer of Warranties and Limitation of Liability in the VoicerSuite.com Conditions of Use.
8.3. Reservation of Rights; Waiver. We retain all right, title and interest in VOICER and the associated software. You do not acquire any ownership rights in VOICER, even VOICER we make available for download. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
8.4. Contact Information; Copyright Notices. For communications concerning the Terms of Use, please write to info@VoicerSuite.com, Attn: Legal Department. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the subsequent section.
Notice and Procedure for Making Claims of Copyright Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VoicerSuite.com's copyright agent the written information specified below. (Please note that this procedure is exclusively for notifying Voicer Suite authorities that your copyrighted material has been infringed.)
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-A description of the copyrighted work that you claim has been infringed upon;
-A description of where the material that you claim is infringing is located on the site, including the item ID number, if applicable;
-Your address, telephone number, and e-mail address;
-A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.