{"id":29,"date":"2019-06-10T16:24:19","date_gmt":"2019-06-10T23:24:19","guid":{"rendered":"http:\/\/www.vm2email.com\/site\/?page_id=29"},"modified":"2019-06-23T15:53:53","modified_gmt":"2019-06-23T22:53:53","slug":"terms","status":"publish","type":"page","link":"http:\/\/www.vm2email.com\/site\/terms\/","title":{"rendered":"Terms"},"content":{"rendered":"

vm2email.com Voice Mail Transcription Service Terms and Conditions<\/strong><\/p>\n

DESCRIPTION OF SERVICE.<\/strong>\u00a0vm2email.com provides a service for transcribing audio messages into text and delivering the text and audio file via email (the \u201cService\u201d).<\/p>\n

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement.\u00a0 You understand and agree that the Service is provided to you on an \u201cAS-IS\u201d basis and that vm2email.com assumes no responsibility for the quality, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).<\/p>\n

VOICE MAIL MESSAGE TRANSCRIPTION.<\/strong> \u00a0You understand and agree to the following regarding the Service:<\/p>\n

    \n
  1. All audio is transcribed by machine in an automated process and is not human-transcribed.<\/li>\n
  2. Transcription accuracy is not guaranteed. Factors affecting the transcription accuracy include, but are not limited to, poor or unrecognizable audio quality, non-standard accents, excessive background noise, messages that are not spoken in American English, etc.<\/li>\n
  3. Because transcription accuracy cannot be guaranteed, and even small transcription errors may significantly alter the overall meaning of the text and\/or intention of the original speaker, you agree that you will not make any important decisions based solely upon the transcription text.<\/li>\n
  4. For audio files whose length exceeds ninety (90) seconds, only the first ninety (90) seconds of each voice message will be transcribed. Incomplete messages will end with \u201c[…]\u201d or a similar designation in the transcription text.<\/li>\n
  5. Any profane or offensive language detected, by default, will appear as \u201c[\u2026]\u201d or a similar designation in the transcription.<\/li>\n
  6. The number of transcribed voice mail messages monthly, as described in the plan you have chosen, is the number of voice mail messages beyond which there will be an additional charge per message transcribed, billed in arrears, at the end of each billing cycle, at the rate specified in your plan choice.<\/li>\n
  7. For the purposes of message tallying, \u201cmonthly\u201d corresponds to the period of time between the day of the calendar month on which your billing cycle begins, to the same day in the following calendar month (or, if the calendar month does not contain that day of the month, the last day of the calendar month).<\/li>\n
  8. For plans that provide monthly message \u201crollover\u201d, the maximum number of messages transcribed each month before the accrual of additional, per-message charges, shall be increased by the monthly number as specified in your plan minus the number of transcribed messages during the prior billing period (or zero, whichever is greater). Message \u201crollover\u201d is calculated monthly, and any \u201crollover\u201d messages not used during the following billing cycle are forfeited.\u00a0 Message \u201crollover\u201d is not calculated in your first billing cycle.<\/li>\n
  9. By default, the maximum number of messages that will be transcribed beyond the number of monthly messages included in your plan will be 50% of the number of monthly messages included in your plan; however, this may be lowered upon request, or raised upon request at our sole discretion. Additional voice mail messages received beyond this number will still be delivered via email but will not be transcribed.<\/li>\n
  10. As a courtesy, email messages transmitted to our servers originating from your phone system that do not contain voice mail audio (for example, administrative alerts created by your phone system) will be relayed to their destination at no additional charge, and these relays are not tallied against the number of messages specified by your plan. Such emails may be limited to no more than ten percent (10%) of the total volume of email messages relayed through our servers by your phone system.<\/li>\n
  11. To preserve the integrity of our Service, we reserve the right to deny relaying or retransmission of any emails originating from your phone system that may be determined by our algorithms to be \u201cspam\u201d emails or of a malicious nature. Our servers, as a general rule, will not relay emails containing web links (URLs). We also reserve the right, at our discretion, not to forward email messages that contain attachments with content other than audio or fax.<\/li>\n<\/ol>\n

    YOUR REGISTRATION OBLIGATIONS<\/strong>.\u00a0 In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service\u2019s registration form (such information being the \u201cRegistration Data\u201d) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.\u00a0 If you provide any information that is untrue, inaccurate, not current or incomplete, or vm2email.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, vm2email.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).\u00a0 Persons under the age of 18 may not sign up for an vm2email.com account or use any vm2email.com services.<\/p>\n

    PAYMENT AND FEES.\u00a0 Payment by Credit Card.<\/strong> You hereby authorize vm2email.com to charge your credit card, as set forth in the Payment Information section of the Registration Form, for a monthly Services fee (plus any transaction, use, or other taxes or other surcharges imposed by any governmental authority), and overage fees to vm2email.com at the agreed upon rate.<\/p>\n

    MEMBER ACCOUNT, PASSWORD AND SECURITY.<\/strong>\u00a0 You are fully responsible for all activities that occur under your password(s) or account designation(s). You agree to (a) immediately notify vm2email.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.\u00a0 vm2email.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.<\/p>\n

    TRANSMITTED CONTENT.\u00a0 <\/strong>You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (\u201cContent\u201d), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.\u00a0 This means that you, and not vm2email.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.\u00a0 vm2email.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.\u00a0 Under no circumstances will vm2email.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that Voice Messages left that are not clearly audible, thickly accented, at low volume or any other characteristic that does not result in accurate transmission and transcription are a consequence of the audio quality of the party leaving the message. vm2email.com cannot guarantee that every call has a high-quality connection or that every caller will speak clearly.<\/p>\n

    ACCEPTABLE USE POLICY. <\/strong><\/p>\n

      \n
    1. Each account created with vm2email.com is authorized for use by a single business entity, and it is prohibited for multiple business entities to share a single account.\u00a0 A single business entity may use a single account for multiple physical locations, each with a separate phone system; provided, however, that the number of locations\/systems per account does not exceed ten (10).<\/li>\n
    2. The Service may not be used in connection with, or to facilitate, any criminal or other illegal activity.<\/li>\n
    3. If data traffic directed by your telephone equipment to our servers is determined, in our sole discretion, to be significantly in excess of average traffic of customers using your same plan type, vm2email.com reserves the right to block or throttle such traffic.<\/li>\n
    4. You shall not direct or cause any traffic to be directed to our servers which is not intended to be used in conjunction with our Service.\u00a0 This includes, but is not limited to, \u201cspam\u201d, malicious emails, or other malicious traffic such as a Denial of Service (DOS) attack.\u00a0 Violation of this provision is subject to all traffic originating from the originating equipment being throttled or blocked and may result in immediate account suspension and\/or termination.<\/li>\n<\/ol>\n

      DOWNTIME & REFUND POLICY.\u00a0<\/strong>For purposes of this Agreement, a Unit of Downtime is one contiguous period of between 4 hours and 24 hours during which access to vm2email.com Voice Mail Transcription Service is unavailable because of problems with vm2email.com Cloud-based server platform software.<\/p>\n

        \n
      1. Downtime does not include: problems caused by factors outside of our reasonable control; problems resulting from any actions or inactions by you or any third party; problems resulting from your equipment and\/or third-party equipment not within our sole control; or network unavailability during scheduled maintenance of our network and\/or web servers.<\/li>\n
      2. In any calendar month, we guarantee that Downtime will not exceed zero (0) Units of Downtime. Any regularly scheduled maintenance will be performed during the hours of 6pm and 4am, Mountain Standard Time.<\/li>\n
      3. If Downtime exceeds zero (0) Units of Downtime in any calendar month, we will, upon your written request, credit your account (a \u201cDowntime Credit\u201d) in an amount equal to the pro-rata price for one (1) day of service, for each instance of Downtime as that term is defined herein.<\/li>\n
      4. To receive Downtime Credit, you must request such credit by sending an email to support@vm2email.com within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month shall not exceed thirty (30). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.<\/li>\n
      5. If you are unhappy with any aspect of our service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when you create the account, we cannot provide a refund except when the service has not been acceptable. This is at our discretion only. No refunds will be made if we terminate your account due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights. No bill credit will be given for a period of suspension.<\/li>\n<\/ol>\n

        INDEMNITY<\/strong>.\u00a0 You agree to indemnify and hold vm2email.com, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys\u2019 fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another person, or your violation of any law.<\/p>\n

        THIRD PARTY SERVICE PROVIDERS<\/strong>. You understand and acknowledge that vm2email.com is reliant upon third party suppliers in order to provide the Service to you. These third-party suppliers might be engaged by vm2email.com or vm2email.com\u2019s third party suppliers to provide computing infrastructure, computer processing power, Internet connectivity, transcription services, translation services, email services, and\/or other services. vm2email.com does not control, and will not be responsible for, any Service failures or interruptions caused by such third-party service providers.<\/p>\n

        PRIVACY OF PERSONAL DATA.\u00a0 <\/strong>vm2email.com takes its customer privacy seriously and will not share your registration or payment information with any third party except as may specifically be required to obtain payment, manage your account, and\/or provide the Service to you.\u00a0 vm2email.com will never sell or provide your personal information to any third party for the purposes of solicitation.<\/p>\n

        CUSTOMER DATA.<\/strong>\u00a0 You consent to the collection and retention of Customer Data (defined as the audio files, associated transcripts and log files generated in connection with the Service), and that vm2email.com and its service providers may use, compile (including creating statistical and other models), annotate and otherwise analyze the Customer Data to troubleshoot, develop, train, tune, enhance and improve the speech recognition, natural language understanding and other components of its software and services.\u00a0 To the extent any Customer Data is compiled or used by vm2email.com or its service providers in or with any such software and services, all intellectual property rights in such software and services, or arising from such use, shall be owned by vm2email.com and\/or its service providers, respectively.\u00a0\u00a0 vm2email.com may only provide access to Customer Data to third parties acting under the direction of vm2email.com in order to fulfill the foregoing use of the Customer Data, pursuant to confidentiality agreements, or to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law.\u00a0 Neither vm2email.com nor its service providers will use the names or other identifying information of individuals and companies contained in the Customer Data to contact anyone for any reason, except as may be required by law or used in connection with law enforcement activities.<\/p>\n

        You understand and acknowledge that email is an inherently insecure means of communication, and that it is impossible for vm2email.com to guarantee that Customer Data will be kept secure during transmission or storage on third-party servers.<\/p>\n

        ELECTRONIC COMMUNICATIONS.<\/strong> You and your users of the Service consent to electronic communications for the purposes of account notifications and other email communications required to fulfil vm2email.com\u2019s obligations in providing the Service. \u00a0You agree to notify vm2email.com of any administrator email address changes; to update email addresses in the vm2email.com phone system configuration whenever needed; and to avoid classifying any email communication from vm2email.com or its service providers from the Service platform as unsolicited or \u201cspam\u201d, complaining to the email postmaster, or attempting to unsubscribe from receiving such emails for so long as you are using the Service.<\/p>\n

        GENERAL PRACTICES REGARDING USE AND STORAGE<\/strong>.\u00a0 You acknowledge that vm2email.com may establish general practices and limits concerning use of the Service but that vm2email.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service on your server.<\/p>\n

        MODIFICATIONS TO SERVICE<\/strong>.\u00a0 vm2email.com 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. You agree that vm2email.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.<\/p>\n

        TERMINATION<\/strong>.\u00a0 You agree that vm2email.com may, under certain circumstances and without prior notice, immediately terminate your vm2email.com account, any associated text message address and\/or email address, and access to the Service.\u00a0 Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and\/or (i) nonpayment of any fees owed by you in connection with the Service.\u00a0 You may terminate your access and use of the Service upon prior written notice to vm2email.com.\u00a0 In no event shall you be entitled to a refund of any fees paid to vm2email.com hereunder.<\/p>\n

        VM2EMAIL.COM Voice Mail Transcription Services PROPRIETARY RIGHTS<\/strong>.\u00a0 Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of vm2email.com.\u00a0 vm2email.com retains all rights not expressly granted to you in this Agreement.\u00a0 You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition.\u00a0 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your vm2email.com I.D., account, account designation, password and other vm2email.com information), use of the Service, or access to the Service.<\/p>\n

        CUSTOMER FEEDBACK AND SUGGESTIONS<\/strong>.\u00a0 You acknowledge and agree that you may be providing and submitting feedback, statements, suggestions and ideas (“Ideas”) to vm2email.com in connection with your use of the Service which vm2email.com may use in future modifications and\/or updates to the Service. \u00a0You hereby assign to vm2email.com any and all rights and interest to any Ideas, including but not limited to, any copyright, patent right, moral right, or any other intellectual property right now known or later developed. vm2email.com transfers no right, title, or interest in the Service to you, or any technical or methodological discoveries, improvements, adaptations or developments made by vm2email.com, even if specifically made for you, relating to the Service. You understand and agree that the Service, including the existence of the Service, Ideas, performance, features, capabilities, related materials or documentation is “vm2email.com Confidential Information.” You agree not to disclose to, sell to, or allow any third party to access or use the vm2email.com Confidential Information.\u00a0 You agree that any unauthorized disclosure of the vm2email.com Confidential Information would cause irreparable harm to vm2email.com and that in the event of any breach or threatened breach of your confidentiality obligations, vm2email.com shall be entitled to obtain equitable relief in addition to any other remedy.<\/p>\n

        DISCLAIMER OF WARRANTIES<\/strong>.\u00a0 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:<\/p>\n

          \n
        1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS. VM2EMAIL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.<\/li>\n
        2. VM2EMAIL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.<\/li>\n
        3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VM2EMAIL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF SERVICE.<\/li>\n<\/ol>\n

          LIMITATION OF LIABILITY<\/strong>.\u00a0 YOU EXPRESSLY UNDERSTAND AND AGREE THAT VM2EMAIL.COM SHALL NOT BE LIABLE TO YOU 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 VM2EMAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) 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; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.<\/p>\n

          EXCLUSIONS AND LIMITATIONS<\/strong>.\u00a0 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p>\n

          NOTICE<\/strong>.\u00a0 vm2email.com may provide you with notices, including those regarding changes to these Terms and Conditions of Service, by either e-mail, regular mail, or postings on the Service website.<\/p>\n

          TRADEMARK INFORMATION<\/strong>.\u00a0 The trademarks, service marks, logos and product and service names of vm2email.com are trademarks of vm2email.com (the \u201cvm2email.com Marks\u201d).\u00a0 You agree not to display or use in any manner, the vm2email.com Marks without vm2email.com\u2019s express prior written consent.<\/p>\n

          GENERAL INFORMATION<\/strong><\/p>\n

          Choice of Law and Forum.<\/strong>\u00a0 This Agreement and the relationship between you and vm2email.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and vm2email.com agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa county, Arizona.<\/p>\n

          Waiver and Severability of Terms<\/strong>. The failure of vm2email.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties\u2019 intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.<\/p>\n

          Non-Transferability<\/strong>. You agree that your vm2email.com account is non-transferable, and this Agreement may not be assigned by you without vm2email.com\u2019s prior written consent.<\/p>\n

          Entire Agreement<\/strong>. This Agreement constitutes the entire agreement between you and vm2email.com and governs your use of the Service, superseding any prior agreements between you and vm2email.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from vm2email.com.<\/p>\n<\/div>

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