Terms of Service

Last updated on 8 June 2023

Voyce ("we", "us", "our") is headquartered in Wellington, New Zealand and is the owner and developer of the Voyce Software as a Service platform ("the Service"). By using the Service you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you are agreeing to the Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind that company or entity to this Agreement, in which case references to "you" or "your" are references to that company or entity. By using the Service you confirm that you have the authority mentioned above and that you agree to the terms and conditions set out below.

Voyce reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Voyce prohibits such conduct and Content on the Service, you understand and agree that Voyce cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  4. You are responsible for maintaining the security of your account and password. Voyce cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. You authorise Voyce (including its affiliates and employees) to access your account information to provide necessary support and administration services.

Billing Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. Payments are denominated in U.S. Dollars unless specified.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. The Service is a subscription and will automatically renew each month or year depending on the billing frequency chosen.
  5. When you alter your plan - including adding, changing, or upgrading products - we will charge your credit card immediately for the new plan rate. This will start a new billing cycle and set a new renewal date for your subscription.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Voyce does not accept any liability for such loss. The downgrade will take effect at the end of your current billing cycle.

Cancellation

  1. You can cancel your account at any time by emailing hello@simplyvoyce.com, at which point your account will be canceled by our team in a timely manner. Your account is considered canceled when you have received an email confirmation of the cancellation from the Voyce team.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Voyce, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Voyce service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Voyce reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Voyce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Voyce also reserves the right to introduce improvements and new features to the Service from time to time, some of which will be made immediately available to you at no additional cost.
  3. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change with 30 days notice from us. Such notice may be provided at any time by posting the changes to the Voyce Site (https://www.simplyvoyce.com) or the Service itself.
  4. Voyce shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  2. Voyce does not pre-screen or moderate Content, but Voyce and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright ©2023- Voyce. All rights reserved. You may not duplicate, copy, reverse engineer, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Voyce.
  4. Voyce (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service.

Disclaimers

  1. Voyce does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  2. You expressly understand and agree that Voyce shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Voyce has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

User-Generated Content

  1. You acknowledge and understand that the Service allows users to provide feedback and other content related to your business ("User-Generated Content"). We do not endorse, guarantee, or take responsibility for the accuracy, completeness, or usefulness of any User-Generated Content.
  2. You further acknowledge and agree that you will be solely responsible for any decisions or actions you take based on the User-Generated Content. You understand that the User-Generated Content represents the opinions and experiences of individual users and may not necessarily reflect our views or opinions.
  3. You acknowledge and agree that we are not responsible for screening, monitoring, or verifying the User-Generated Content. However, we reserve the right, at our sole discretion, to remove or modify any User-Generated Content that we consider inappropriate, offensive, or in violation of these terms of service.
  4. By using the Service, you release us from any liability or claims arising out of or in connection with the User-Generated Content. This includes, but is not limited to, any intellectual property rights infringement, defamation, or any other legal claim or dispute that may arise from the User-Generated Content.

Indemnity

  1. You agree to indemnify and hold Voyce, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Voyce provides technical support on a best effort basis and only over email (hello@simplyvoyce.com). We reserve the right to prioritize emailed requests for technical support in any way that is deemed to be maintainable to us, at our sole discretion.
  3. You understand that Voyce uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Voyce, or any other Voyce service.
  5. You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Voyce.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Voyce customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Voyce) of other Voyce customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  11. Questions about the Terms of Service should be sent to hello@simplyvoyce.com.
  12. In order to perform our Service we process personal data described more in detail in our Privacy Policy. Regarding personal data processing in case of any conflict, the Privacy Policy shall take precedence over the Terms of Service.
  13. You consent to the identification of your business as a customer of Voyce on websites, and in other marketing materials (which may include emails and other web and print materials). In connection with such activity, Voyce may also display your trademarks, service marks, and/or logos in marketing materials. The foregoing shall be deemed a worldwide, non-exclusive and irrevocable license to the use of your name, trademarks, service marks, and logos for this purpose. Your consent shall automatically terminate upon the cancellation of your subscription.
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