TERMS AND CONDITIONS FOR SERVICE

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept you agree to be bound and abide by these Terms of Use and our Privacy Policy

AGREEMENT TO OUR LEGAL TERMS

We are VoiceScript, Inc. (“Company,” “we,” “us,” “our“), a company registered in Florida, United Sates, with its corporate offices located in Cocoa, Florida – 3815 US 1 North, Suite 108, Cocoa, FL 32926, United States.

We operate several websites, including https://voicescript.ai , https://autoscript.ai and https://the courtreportingacademy.com (the “Site“), as well as several PC based applications and other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

You can contact us by phone at (US) +1 (772) 621-5205, email at [email protected] or by mail to 3815 US 1 North, Suite 108, Cocoa, FL 32926, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Your”), and VoiceScript, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by [email protected] as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

AGREEMENT TO OUR LEGAL TERMS

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
    Our intellectual property
    Your use of our Services
    Your submissions
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS, FEES, PREPAYMENTS AND REFUND POLICY
    Billing and Renewal
    Upgrading or Changing Subscription Plans
    Cancellation
    Usage Fee Charges
    Prepaid Wallet
    Fair Usage Policy
    Refund Policy
    Price Changes
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
    Informal Negotiations
    Binding Arbitration
    Restrictions
    Exceptions to Informal Negotiations and Arbitration
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. CALIFORNIA USERS AND RESIDENTS
  23. MISCELLANEOUS
  24. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access; and
  • Copy, reproduce, aggregate, encode, translate, or transmit any portion of the content generated by the Services in response to your requests

solely for your internal business purpose, which may include court reporting, transcript production, or representing clients.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected].  If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • Confirm that you have read and agree with our “PROHIBITED ACTIVITIES”  and these Terms and Conditions and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

To use the Services, you will need to register for one or more available Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases, including Fair Usage Fees and taxes if applicable, and you authorize us to either debit your prepaid account Wallet, or charge your chosen payment provider for any such amount upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS, FEES, PREPAYMENTS AND REFUND POLICY

Several of our Services, including AutoScriptOne and Reporter Studio Pro, as well as several new services planned to be available the future, are subscription based. The following applies to all subscription-based Services provided by Us.

Billing and Renewal

Subscription billing occurs on the 15th of each month and covers the period between the billing date and the next billing date on the 15th of the following month. If applicable, your credit card will be billed a pro-rated amount for any subscription Services that you  subscribe to, if it begins between billing periods. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring monthly basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of your billing cycle term is monthly for all currently available subscriptions..

Upgrading or Changing Subscription Plans

Upgrades between subscription plans are not currently supported. To change subscription plans, you would need to cancel your current subscription and subscribe to a new plan.

Upon subscribing to a new plan, you may be required to pay a pro-rated amount up to the next 15th billing cycle. Contact [email protected] if you would like to change your subscription plan.

Cancellation

Cancelling Subscription-based Services: You can cancel your subscription plan at any time by logging into your account. Your cancellation will take effect at the end of the current paid billing cycle term. If you have any questions, please email us at [email protected].

Usage Fees

The AutoScript post recording speech-to-text Service is usage based. You will be asked to accept the calculated processing fee prior to our processing your audio or video file.  The fee will be automatically debited from your AutoScript  prepaid account Wallet. All audio hour-based usage fees are calculated on a per minute basis.

Several of our subscription-based products include features that charge usage-based fees (“Usage Fees”) which are either based on the actual usage time (measured in minutes used), or per specific feature basis, for example, when unlocking a draft transcript or when turning on an add-on service like Realtime Streaming.  As part of the Services subscription you agree, based on the specific Service, that we can debit your prepaid account Wallet on a per use basis, or automatically charge your credit card for fair use overage fees at the beginning of the next billing cycle depending on the type of Services used.  See Fair Use Policy below. 

Prepaid Wallet

In order to use some of our Services, you will need to first make a payment to our prepaid wallet, (the “Wallet”). The Wallet is how all usage-based Services are charged, including AutoScript audio processing, transcript unlock fees and real-time streaming connections if applicable.  The Wallet provides the ability for you to pay in advance for Services, while also providing discounted pricing tiers when you top-up your prepaid Wallet balance. There are several discounted tiers available in the Wallet, each with a pre-defined balance top-up discount tier.  Each time you top-up the Wallet, the balance at the time of top-up payment will determine the discount rate, until the next top-up occurrence.

Prepaid Wallet balances are non-transferable and may only be used for services provided through the available usage-based Services.  Wallet balances are non-refundable. By making a prepayment and maintaining a balance in your Wallet, you acknowledge and agree that refunds will not be issued except under limited circumstances as outlined in the Refund Policy below.

Fair Usage Policy

Fair Usage Policy Charges: Fair Usage Charges are applicable for certain AutoScriptOne plans. Fair Usage Charges are calculated based on 3 months rolling average.  When your average audio hour usage exceeds your plan’s monthly maximum usage by over 10% in any 3-month period, overage charges will apply and will be automatically charged to your credit card at the time of your next monthly subscription billing cycle.  The 3-month Fair Use calculations for organizations with more than one license are based on the aggregate monthly total audio hours for all active plans.  

Refund Policy

Refunds are not available for Services provided through monthly subscription plans.  Once cancelled, the Services subscription will continue to be available until the next billing cycle, after which the cancelled Services will be closed.  

Refunds for Prepaid Wallet Balances:  By using the Wallet prepayment system, you acknowledge and agree to our refund policy. You further agree that you benefit from discounts that are calculated based on your Wallet top-up amount at the time of prepayment and that refunds are not available, other than by exception. In the event VoiceScript, at its sole discretion, agrees to process a refund, the refund amount shall be calculated as follows:

The total audio length processed using the wallet funds will be recalculated at the standard, non-discounted rate published rate (the “Standard Rate”). The total cost of processed audio at the Standard Rate will be deducted from the remaining balance in the Wallet along with a  $50.00 service charge. If a remaining balance exists after the recalculation, you will be eligible to receive a refund for that remaining amount. If the cost of processed audio at the Standard Rate exceeds the Prepaid Amount, no refund will be issued.

Any refund, if applicable, will be issued using the original payment method unless otherwise agreed by the Company.

Price Changes

We may, from time to time, make changes to the subscription fees, Wallet discount tiers, and Services usage fees and we will make our best commercial effort to communicate these changes with you in accordance with applicable law.  It is your responsibility to review pricing before you top-up or make additional payments to the Wallet.

7. PROHIBITED ACTIVITIES

You may only use the Services for their intended purposes. Any unauthorized or unlawful use is strictly prohibited, including but not limited to:

  • Attempting to defraud, mislead, or gain unauthorized access to user accounts or sensitive information.
  • Circumventing, disabling, or interfering with security features, including restrictions on copying or accessing content.
  • Engaging in conduct that disparages, tarnishes, or otherwise harms us or the Services.
  • Misusing our support services or submitting false reports of abuse or misconduct.
  • Violating any applicable laws or regulations.
  • Uploading or transmitting malware, including viruses, Trojan horses, or any harmful software.
  • Engaging in automated use of the system, such as bots, scrapers, or data mining tools.
  • Removing copyright or proprietary notices from any content.
  • Impersonating another user or using another person’s credentials without permission.
  • Uploading or transmitting spyware, passive data collection mechanisms, or unauthorized tracking tools.
  • Interfering with the proper functioning of the Services or the networks supporting them.
  • Harassing, intimidating, or threatening our employees, agents, or other users.
  • Attempting to bypass access restrictions on the Services.
  • Copying, modifying, or reverse-engineering the Services’ software.
  • Launching or distributing unauthorized automated scripts, bots, or similar tools.
  • Using purchasing agents to make unauthorized transactions.
  • Collecting usernames, email addresses, or other user data for unsolicited marketing purposes.
  • Using the Services in any way that competes with us or for unauthorized commercial purposes.

Any violation of these prohibitions may result in the immediate termination of your access to the Services. You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activities include, but are not limited to, unauthorized data mining, fraud, interference with security features, and using the Services in a manner that violates laws or regulations.

8. USER GENERATED CONTRIBUTIONS

The Services do not allow users to submit or publicly post content. However, we may provide opportunities for you to submit content directly to us, including text, writings, video, audio, images, comments, feedback, and other materials (“Contributions”). Contributions may be visible to other users or shared through third-party platforms and will be treated in accordance with our Privacy Policy.

By submitting Contributions, you represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to use and share your Contributions.
  • Your Contributions do not infringe on any third-party rights, including copyright, trademark, patent, or privacy rights.
  • You have obtained consent from any identifiable individuals featured in your Contributions.
  • Your Contributions are not false, misleading, defamatory, obscene, harassing, or otherwise objectionable.
  • Your Contributions do not contain unsolicited promotions, spam, chain letters, or pyramid schemes.
  • Your Contributions do not promote illegal activity or violate any applicable laws or regulations.
  • Your Contributions do not contain offensive material related to race, gender, nationality, sexual orientation, or disabilities.

Any violation of these terms may result in suspension or termination of your access to the Services. Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you agree to our data collection and handling practices.

9. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://voicescript.ai/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents or functionality of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Martin or St. Lucie Counties, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Martin or St. Lucie Counties, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, user guides, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE. THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL CONSULTATION. FOR SPECIFIC LEGAL ADVICE TAILORED TO YOUR SITUATION, PLEASE CONSULT A QUALIFIED ATTORNEY. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

24. CONTACT US

To file or resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

VoiceScript, Inc.

3815 US 1 North, Suite 108

Cocoa, FL 32926

United States

Phone: (US) +1 (206) 910-2809

[email protected]