These User Terms of Service (“User TOS”) are a legally binding agreement between Synervoz Communications Inc. and its related companies (the “Company” or “we” or “Synervoz”) and you. By using or accessing the Switchboard application (the “App”) on any of our platforms, including iOS, macOS, our web app, or any website connected to domain www.switchboardaudio.com, (the “Site”), which are collectively referred to as the “Service”, you agree to these Terms. The Company may modify these terms at its discretion and you will continue to be bound by these revisions. If we make material changes we will provide you with reasonable notice prior to the changes taking effect by emailing you or notifying you through the Service. Should you object to any changes your only recourse is to stop using the Service. You can review the most current version of the User TOS here. By using or accessing the Service, you agree to the following terms.
You Must be Over the Age of 13
You represent that you are i) over the age of 13 ii) the age of majority in your jurisdiction and have read, understood, and accept to be bound by these terms and iii) if you are between 13 and the age of majority in your jurisdiction, that your guardian has reviewed and agrees to these Terms.
By using the Service, You Agree to Our Usage Policy
The Service allows for voice, textual, and other forms of communication with other users of the Service. The Company will not under any circumstances be liable for activity by any user of the Service, nor will it be liable for any content posted to the Service. The Company may terminate your access to the Service for any reason, without notice. As a condition of your use of the Service you agree not to:
harass, abuse, or act with ill intent towards anyone
communicate with children under 13
use the Service for spam, telemarketing, or other similar communications
use the service to coordinate any unlawful activities
attempt to obtain private information from other users
attempt to transmit data infected with a virus or any other software that could damage the operation of the Service or other users’ computers
violate any other user or person’s rights including intellectual property rights, information rights, privacy rights, trademarks, copyrights, patents, trade secrets, and any other right
make false claims to the Company about other users
We reserve the right to determine what constitutes inappropriate usage and we reserve the right to take action where appropriate including the termination of your access to the Service.
By using the service you agree to our Data Policy. We collect certain information when you use the Service. This includes information that you use to register with us, and any voice recordings that you elect to share with us. Users that elect to share their voice recordings with us do so in order to help us improve the service by using our software to improve the quality of communication on the Service. All information is collected anonymously and is used solely for the purpose of teaching our software to better recognize a user’s voice.
Additionally, our service may ask for access to your address book, calendar, facebook account and email address and we may collect information from them at any time. Collection of this information will be for the sole purpose of improving the service, developing new services.
You are responsible for your log-in credentials and for any activity that results from the use of your log-in credentials. Upon launching the service for the first time, you will be prompted to create an account to use certain features by providing various log-in details including a valid email address. You are responsible for maintaining the confidentiality of your log-in credentials. You agree to notify us immediately at firstname.lastname@example.org if the confidentiality of your credentials has been compromised. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
Information – Provided by Synervoz
Information provided by Synervoz (“Synervoz Information”) is for your personal use only. Synervoz owns this information. You agree not to copy Synervoz Information: i) for commercial purposes; ii) in a manner that violates another person’s privacy; iii) for any reason that might violate applicable laws. Synervoz does not guarantee the accuracy, quality, or integrity of user content posted. You accept that you may be exposed to offensive or objectionable material and that Synervoz will not be liable for any such content.
Information – Collected by Synervoz
You agree that Synervoz can store, use, learn from, and share information, data, and content in accordance with its Data Policy. You will continue to own intellectual property rights associated with any content you share, such as photo, video, and musical content. It is also your sole responsibility to ensure you have the rights to share any content. You hereby grant Synervoz all rights necessary to provide the Service in connection with the content you share. If any others have rights in the content you share, you further promise that you have the rights to grant Synervoz the necessary rights to this content. These rights shall constitute a perpetual, non-exclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from, your content. Synervoz reserves the right to remove and permanently delete your content for any reason.
Information – Not Allowed
You agree not to provide any information that could violate copyright laws, any federal or state laws, privacy laws, defamation laws, or that might otherwise cause harm of any kind to you or the Company. If the Company learns that a user under the age of 13 or a minor that has provided information without parental consent it will delete that information.
The Company asks users to respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company. In accordance with the Digital Millennium Copyright Act and other applicable intellectual property laws, the Company will investigate any alleged infringement and take appropriate actions. Please contact us at email@example.com with infringement complaints. An infringement complaint requires the following information:
A statement by you that you believe that the disputed use is not authorized by the copyright or the intellectual property owner, its agent or the law along with an electronic or physical signature of the copyright owner or authorized person
A signed statement by you, made under penalty of perjury, that your infringement complaint and all information contained in the supplied information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf
A description of the copyrighted work or intellectual property
Information that will help us locate the material that you claim is infringing on your copyright or intellectual property
Your contact information, including your address, telephone number and email address
Counter-notice: If you believe your Content was removed and is not infringing, or if you have written authorization from the Copyright or intellectual property’s owner or agent to upload and use the content, you may send a written counter-notice to firstname.lastname@example.org. A counter-notice requires the following information:
A signed document that A) identifies the content that has been removed or to which access has been disabled and a description of the location at which the content appeared before it was removed or disabled, B) provides a statement from you that you believe in good faith that the content was removed or disabled as a result of mistake or misidentification of the content and C) your contact information, including name, address, telephone number, and email address
You agree to indemnify the Company from any loss, liability, claim, demand, damages, cost and expenses, including reasonable attorneys fees, arising out of or in connection with your use the service. As used in this section, “you” shall include anyone accessing the service using your password.
Under no circumstances will the company be liable to you or to any third person arising from use of the service. This includes any consequential, incidental, special, punitive or other indirect damages, including any lost profits or lost data arising from use of the service. The Company shall not be liable for user content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The User TOS will be enforced to the fullest extent permitted under applicable law. If any provision of this Terms of Service is held by a court of competent jurisdiction to be contrary to law, the respective provision will be removed and all other provisions of this Terms Of Service remain in effect
You may not assign any of your rights or delegate your obligations under these User Terms of Service, whether by operation of law or otherwise, without the prior written consent of us. We may assign these User Terms of Service in their entirety without your consent to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization or sale of any of our assets.
The User Terms of Service represents a legally binding agreement and any disputes arising will be governed exclusively by the internal laws of the Province of Ontario.
The service and the transmission of applicable data, if any, is subject to United States export controls and any download or use of the software must not be in violation of U.S. export laws. You agree to comply with local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Basic functionality of the Service is free for use. We may charge fees for certain features which will be displayed on our platform. It is your responsibility to pay any appropriate government taxes, fees or service charges from a transaction occurring through the Service. We are not responsible for collecting, reporting or paying any such taxes, fees or service charges except as may otherwise be required by law.
Communications with Synervoz
You agree that we may communicate with you by email or through the Service in connection with customer service and the provision of the Service. This includes, but is not limited to, electronic mail, text messages, voice messages, live voice over IP, and push notifications.
You may contact us at email@example.com or firstname.lastname@example.org to report anything you believe is a violation of these Terms.
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