1. Agreement
This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Voxie ("Company," "we," "us," or "our") for the use of the Voxie mobile application ("Application" or "App").
By downloading, installing, or using the Application, you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Application.
2. License Grant
Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal, non-commercial use.
3. License Restrictions
You agree not to:
- Copy, modify, or distribute the Application or any portion thereof
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application
- Rent, lease, lend, sell, sublicense, or otherwise transfer the Application to any third party
- Remove, alter, or obscure any proprietary notices on the Application
- Use the Application for any unlawful purpose or in violation of any applicable laws
- Use the Application to infringe on the rights of others
- Use automated systems, bots, or scripts to interact with the Application
- Attempt to gain unauthorized access to our systems or other users' accounts
4. User-Generated Content
Important Notice About User Content
The Application allows users to create and share voice recordings, photos, and other content ("User Content"). We do not control and are not responsible for User Content posted by other users. You acknowledge that:
- User Content does not reflect our views or opinions
- We do not endorse any User Content
- We are not liable for any User Content
- You may be exposed to User Content that is inaccurate, offensive, or objectionable
You are solely responsible for any User Content you create or share through the Application. By posting User Content, you represent and warrant that:
- You own or have the necessary rights to the content
- The content does not violate any laws or third-party rights
- The content complies with our Terms of Service and Acceptable Use Policy
5. Intellectual Property
The Application, including all content, features, and functionality (excluding User Content), is owned by Voxie and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This EULA does not grant you any rights to our trademarks, service marks, or logos.
6. Third-Party Services
The Application may integrate with or contain links to third-party services. We are not responsible for third-party services and your use of them is at your own risk. Third-party services include but are not limited to:
- Apple and Google authentication services
- OpenAI transcription services
- Cloud storage and hosting services
7. Privacy
Your use of the Application is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Application, you consent to our data practices.
8. Updates
We may from time to time develop updates, patches, bug fixes, or other modifications to the Application ("Updates"). You agree that we may automatically install Updates without providing additional notice or receiving additional consent. You acknowledge that we may require you to install Updates to continue using the Application.
9. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOXIE OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or goodwill
- Any damages arising from User Content or the conduct of third parties
- Any damages arising from your use or inability to use the Application
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US (IF ANY) FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Voxie and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:
- Your use of the Application
- Your User Content
- Your violation of this EULA
- Your violation of any rights of a third party
12. Termination
This EULA is effective until terminated. We may terminate this license at any time if you fail to comply with any term of this EULA. Upon termination:
- All rights granted to you under this EULA will immediately cease
- You must stop using the Application
- You must delete all copies of the Application from your devices
Sections 4 through 15 shall survive any termination of this EULA.
13. Export Control
You agree to comply with all applicable export and import control laws and regulations. You may not download or use the Application if you are located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.
14. Governing Law and Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising under this EULA shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class action lawsuits.
15. Apple-Specific Terms
If you are using the Application on an Apple device, the following additional terms apply:
- This EULA is between you and Voxie only, not with Apple Inc. ("Apple")
- Apple has no obligation to provide maintenance or support for the Application
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation
- Apple is not responsible for addressing any claims relating to the Application
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property claims
- Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you
16. Google Play-Specific Terms
If you downloaded the Application from Google Play, the following additional terms apply:
- Google LLC is not responsible for the Application or its content
- Google has no obligation to provide maintenance or support for the Application
- This EULA is between you and Voxie only, not with Google
17. Changes to This EULA
We reserve the right to modify this EULA at any time. We will notify you of material changes through the Application or by other means. Your continued use of the Application after such modifications constitutes acceptance of the updated EULA.
18. Severability
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Voxie regarding the Application and supersedes all prior agreements and understandings.
20. Contact Us
If you have questions about this EULA, please contact us at:
Email: legal@heyvoxie.com
Website: heyvoxie.com