Expect Labs End User Agreement
This is an agreement ("Agreement") between Expect Labs ("we", "us" or "Expect Labs") and you, an end user ("you", "user" or "subscriber") of Expect Labs’ MindMeld voice and video calling service (the "Service") as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, and to the prices, charges, and conditions provided to you in association with your enrollment, including marketing materials and the Expect Labs website, which are incorporated herein by reference. This Agreement governs the Service and any website, application or software used in conjunction with the Service.
Description of Service
Expect Labs provides a voice and video calling service combined with a variety of associated services for discovery and sharing related information. The Service can be accessed through both mobile and web-based apps (each an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Expect Labs, and not with the App Provider, and that Expect Labs (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Expect Labs.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Expect Labs will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
In connection with your use of the Service, you need to register and create an account or log in with a valid 3rd party user account (your “Account”). You are entirely responsible for maintaining confidentiality of your password and account information. You are responsible for all uses of the Service in association with your account, whether or not authorized by you. You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
· submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
· publish falsehoods or misrepresentations that could damage us, our users or any third party;
· publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
· submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
· post advertisements;
· impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
· solicit a user's password or other account information; or
· harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
Responsibility for Communications
You are solely responsible for the content of all communications using your account. You must comply with all laws while using the Service; you must not transmit any communication that violates any law, court order or regulation; you must not violate any third party rights in using the Service; and you must not use the Service in any way that damages, interferes with, or disrupts Expect Labs’ system or other users. We may suspend any such communications. Use of conference recording may subject you to laws or regulations, and it is your sole responsibility to provide any required notification of recording to participants. You understand and agree that your use of the Service and any content is solely at your own risk.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
· a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
· your address, telephone number, and email 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.
You can contact our Copyright Agent via the contact information located at http://www.expectlabs.com.
Expect Labs reserves the right to charge fees for future use of or access to the App or the Service.
Consent to Receive Email
By establishing an account with Expect Labs, you consent to receive periodic email communication from us concerning services and billing, including without limitation, notices of service updates, payment transactions, and other correspondence required for administration of the Service.
Unlawful and Prohibited Use
You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Expect Labs’ sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Expect Labs, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Expect Labs personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Expect Labs against any and all liability for any such use. If Expect Labs, in its sole discretion, believes that you have violated the aforementioned restrictions, Expect Labs may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
Links to Third Party Sites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Expect Labs and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
Audit and Law Enforcement
Expect Labs reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Expect Labs reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Expect Labs End User Agreement Provisions Covering Use of Nuance Software and Services in the MindMeld App
- "Access Method" means a direct access method, such as through a HyperText Transfer Protocol ("HTTP") that is provided by NUANCE and is used by Expect Labs to access the Service from the Expect Labs Product;
- "Device" means an authorized device or platform as listed in the NDEV Program website, located at http://www.ndevmobile.com, which may be updated from time to time, that enables End Users to download the Expect Labs Product and access the Service;
- "End User" means a customer of Expect Labs that acquires a license to the Expect Labs Product for its own internal use and not for resale, sublicense or distribution to others.
- "Expect Labs Product" shall mean Expect Labs's MindMeld software application which incorporates any part of the Software or uses an Access Method that is downloadable to a Device, and is licensed to End Users by Expect Labs or Resellers.
- "Licensed Trademarks" shall mean any and all registered and common law trademarks of NUANCE.
- "Service" means NUANCE hosted services that transcribe short message dictation and free form search requests, and synthesizes text-to-speech requests, all of which are originated through the Software or Access Method.
- "Software" shall mean the Nuance Mobile Speech Platform SDK software (if any), or an Access Method, which provides access to the Service, in executable code form, including, but not limited to all corrections, modifications, enhancements, or Updates, if any, thereto that LICENSOR may provide to Expect Labs under this Agreement.
- LICENSE GRANT
- PROPRIETARY RIGHTS; RESTRICTIONS
- LIMITATION OF LIABILITY
- CONSEQUENTIAL DAMAGE
- SPEECH DATA
Expect Labs (or Reseller) grants to End User a non-exclusive, non-transferable right and license to use the Software, as incorporated in to the Expect Labs Product, for the sole and limited purpose of accessing the Service.
End User acknowledges that Expect Labs and its licensors retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the Expect Labs Product, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded queries to the Service unless otherwise approved in writing by Expect Labs and its licensors; (b) use the Service for commercial use; (c) access the Service with software or means other than the Software; (d) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software or Service, in whole or in part; (f) modify, port, translate, or create derivative works of the Software; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software; (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any Expect Labs Product or Software to be placed in the public domain.
The Software and Service may contain a copy of the Speex codec in executable form. End User acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
Expect Labs AND ITS LICENSORS TOTAL LIABILITY TO END USER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, REGARDLESS OF THE FORM OF ACTION WILL NOT EXCEED AGGREGATE FEES ACTUALLY PAID TO Expect Labs DURING THE ONE YEAR PERIOD PRECEDING SUCH CLAIM.
IN NO EVENT SHALL Expect Labs OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR REVENUES AND LOSS OF PROFITS, EVEN IF Expect Labs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Software, Access Methods, or Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Expect Labs and its licensors with such company, or (ii) an endorsement or approval of such company of Expect Labs and its licensors and its products or services.
(a) SPEECH DATA. As part of the Service, Expect Labs and/or its licensors collects and uses Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. In accepting the terms and conditions of this Agreement, End User acknowledge, consent and agree that Expect Labs and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by Expect Labs and/or its licensors or third parties acting under the direction of Expect Labs and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. Expect Labs and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. "Speech Data" means the audio files, associated transcriptions and log files provided by End User hereunder or generated in connection with the Service.
(b) Any and all information that End User provide will remain confidential and may be disclosed by Expect Labs and its licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by Expect Labs or its licensors.
Last revised on December 9, 2013