Last Modified: November 7, 2016
This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
Although YouVOXX may attempt to notify you when major changes are made to this Agreement, we have no obligation to do so. You are responsible for periodically reviewing any changes which may be made to this Agreement. YouVOXX may, in its sole discretion, modify or revise this Agreement at any time and any such modifications will be effective as soon as the updated Agreement is posted on YouVOXX’s website at www.youvoxx.com. At that time, the updated Agreement will effectively replace all original and previous Terms of Service and you shall be deemed to have been notified of the updated Agreement and you agree to be bound by such modifications or revisions. Your continued use of the Services after such updates will be deemed acceptance thereof.
The YouVOXX Service is a messaging service that permits authorized users to send voice, text, video and image messages, as well as SMS, email and USSD messages and other content to other users or groups of users typically via a supported smartphone or other mobile or web based mechanisms. As directed by the user, such messages and content may also be sent to non-users. YouVOXX also offers optional, fee-based voicemail service and other services. The Services offered and their prices are subject to change at the discretion of YouVOXX.
The use of the YouVOXX Service requires certain devices, software, and data connections which are your responsibility to supply. You consent to and allow us to download and install Services updates using these devices and data connections you provide, including automatic updating.
3. License & Restrictions
3.1 Upon Signing Up for YouVOXX, YouVOXX gives you a revocable, limited, non-transferrable, non-sublicensable, worldwide, non-assignable and non-exclusive license for your personal use of the Services on any mobile device or personal computer that you own or control. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by YouVOXX, in the manner permitted by this Agreement. You may not make available for gain or exploit for commercial purposes, any portion of the Services, use of or access to the Services. No other licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted you in this Agreement.
3.2 Your License has the following restrictions:
3.2.1 You may not rent, lease, lend, sell, redistribute or sublicense the Services, nor shall you distribute or make the Services available over a network where it could be used by multiple mobile devices at the same time.
3.2.2 You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of or the structure of the Services, any updates, or any part thereof (except as permitted by applicable law, or by the licensing terms governing the use of any open sourced components of the Services, if any)
3.2.3 You may not modify, or create derivative works of the Service.
3.2.4 You may not remove any copyright or other proprietary notices contained in the Service
3.2.5 You may not directly or indirectly export or re-export the Service
3.2.6 You may not remove, circumvent, or interfere with any digital rights management or security tools, encryption or other similar technologies available on or in the Services
3.2.7 Additionally, any copying or distribution, publication or exploitation of the Services, or any content, software, code, data or materials on or from the Services, is strictly prohibited. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages.
3.2.8 You may not, without the prior permission of YouVOXX, display or otherwise use any YouVOXX Marks. You agree that all of YouVOXX’s trademarks, trade names, service marks, logos and brands are property of YouVOXX (collectively “YouVOXX Marks”) including but without limitation all: text, graphics, logos, buttons, images, audio clips and any other digital content.
4. Registration and Contacts
4.1 You must create an account to use our Services. This account may not be transferred to anyone else. You agree to provide truthful and accurate information for your account and you must provide your current mobile phone number. Impersonating others, creating an account for anyone other than yourself without permission, or providing false information regarding a user account is strictly prohibited. The information you provide, including but not limited to your phone number, name, nickname or profile picture, must not use any material or content that is subject to any third-party proprietary rights without their permission. We reserve the right to remove or reclaim such content (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name). If we disable your account, you will not create another one without our express permission
4.2 YouVOXX uses your mobile phone number. You agree that your carrier’s normal rates and fees, such as text messaging and data charges, may apply. Furthermore, in the event you deactivate or change your mobile number, you will update your account information in YouVOXX within 48 hours to ensure that your messages are not delivered to anyone who may acquire your old number. YouVOXX is not responsible for and incurs no liability for incorrect or inaccurate mobile phone numbers.
4.3 You agree that we may contact you at any telephone number associated to your account, including wireless telephone numbers, with codes to register for our Services or for other purposes. You also agree that we may contact you by sending manual or automated YouVOXX messages, text messages, emails, or voice messages and that such messages may use prerecorded or artificial voices, may use an automatic dialing device and that your mobile carrier’s standard message and data rates may apply. You agree that your entry of your telephone number in the Sign-Up process shall serve as your express, written consent to receiving such messages.
4.4 The Service provides you with the opportunity to connect with people. We use a variety of techniques to help people find each other on YouVOXX. This includes providing tools that enable you to sync the App to your mobile device’s address book and add your contacts to YouVOXX. In accordance with the permissions you grant us in the Service, by allowing the App to sync with your address book, you represent and confirm that you are authorized to provide such contact information and you authorize us to maintain a copy of this information in our database and that we may:
4.4.1 access your address book and import your contacts’ names, email addresses, phone numbers, image, geographic location, social media and messaging IDs and other information
4.4.2 allow other users to use contact information they already have about you, such as but not limited to your email address, name, or phone number to find you on YouVOXX
4.4.3 allow others to add you to their contact list by choosing your contact information or other information we maintain regarding users who are available via the Service
4.4.4 make your contact information available to help others find you.
4.5 The Services also provide you the opportunity to a.) invite your contacts to the Service; b.) join a group conversation in the App; or c.) send reply messages to people who are not users of the Service (collectively, “Communications”). These Communications may require access to your address book to access names, email addresses, phone numbers and other information to facilitate your Communications with these parties. Accordingly, you agree to provide us access to your third-party contact information. Such Communications may be sent from you from your phone via email, SMS text message or via other means. Some of these delivery methods may result in your phone number being shared with the recipient of the Communications. For example, your phone number may be shown in an SMS message if you invite someone to join a group in the App. Depending on the method of delivery, such Communications may also result in charges to you and/or your Communications recipient. If you send such Communications using SMS or email, you agree to accept such charges and you represent to YouVOXX that all such contacts have consented to receive SMS or email messages from you and you fully indemnify YouVOXX for all liability regarding such Communications.
4.6 By creating your account, you agree to maintain the security of your account and all associated passwords or Personal Identification Numbers (PINs) and to immediately inform YouVOXX if you become aware of any unauthorized access or use of the Service. You agree that YouVOXX is not responsible for, and has no liability for your failure to comply with these obligations or any damages resulting from such failure.
4.7 We reserve the right to cancel and remove all content associated with any account that has been inactive for more than one (1) year.
5. Age and Safety
5.1 You must be at least 13 years old to use our Services (or older as required in your country for you to be authorized to agree to the Terms of Service for our Services without legal parental or guardian consent). If you are at least 13 years old, but you are not old enough to have authority to agree to our Terms of Service in your country, your legal parent or guardian must agree to our Terms of Service on your behalf. You affirm that you meet these age requirements.
5.2 To help keep our users safe, you commit to the following:
5.2.1 You will not bully, intimidate, stalk or harass others using the Service, nor will you use the Service do anything that is unlawful, misleading, malicious, or that is discriminatory.
5.2.2 You will not use the Service to provide material support for or to any organization which, pursuant to section 219 of the Immigration and Nationality Act is designated by the United States government as a foreign terrorist organization.
5.2.3 You will not send content that: is hate speech, threatening, or pornographic; or that incites violence; or contains nudity or graphic or gratuitous violence.
5.2.4 You will not send unauthorized commercial solicitations (spam).
5.2.5 You will not intercept or monitor, damage or modify any communication which is not intended for you.
5.2.6 You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers).
5.2.7 You will not use the Service for unlawful multi-level marketing, such as pyramid schemes.
5.2.8 You will not impersonate or otherwise misrepresent your affiliation with any person or entity, including without limitation, a YouVOXX representative or otherwise send altered, deceptive or false source-identifying information.
5.2.9 You will not upload viruses or other malicious code.
5.2.10 You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service, such as a denial of service attack or that interferes or could potentially interfere with other attributes of the Service.
YouVOXX may, at its sole discretion may revoke your account privileges and remove or refuse to transmit your messages and any or all of your content for any violation or for any suspected or perceived violation of these age and safety commitments.
6. User Content and Data
The Service allows you and other users to transmit content including, but not limited to voice, text images, voicemail greetings and videos (collectively, User Content). This User Content may be hosted, transmitted, shared, and/or published as part of the Service, and may be visible to other users of the Service and/or by third parties in accordance with your privacy and application settings. By using the Services, you are allowing others to access and use your User Content, and to associate it with you.
6.1 You retain ownership rights of all User Content and information you submit to, transmit or otherwise make available to or through the Services. Accordingly, you affirm, represent, and warrant that you own or have the appropriate licenses, rights, consents, releases and/or permissions to use all User Content that you submit or transmit on or make available to the Services and you authorize YouVOXX to use all such User Content in the manner contemplated by the Service and/or this Agreement. You understand that your User Content may be syndicated, broadcast, distributed, or published by YouVOXX or our partners with no compensation paid to you and that if you do not have the right to submit your User Content for such use, it may subject you to liability.
6.2 You shall be solely responsible for your own User Content and for any consequence or liability arising from your submission to, transmission of, or from otherwise making such content available to or through the Service, including the use of such content by YouVOXX, by other users of the Service, and/or by third parties. You agree that YouVOXX is a common carrier that is acting solely as a passive conduit for the distribution of User Content which you control and is in no way liable for such content and you hereby fully indemnify YouVOXX from any and all liability arising from User Content associated with your account. You agree that YouVOXX is in no manner whatsoever responsible for monitoring or for controlling any User Content.
6.3 By submitting, transmitting or otherwise making User Content available to the Services, you hereby grant YouVOXX a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, prepare derivative works of, modify, publish, transmit, display and distribute, including without limitation, for promoting and/or redistributing part or all of the User Content, the Service and derivative works thereof in any and all media or distribution methods (now known or later developed). You also hereby grant every user of the Service and YouVOXX designated partner organizations a non-exclusive license to access your User Content through the Service.
6.4 YouVOXX retains the right to remove, delete or to refuse to distribute any User Content that in our sole judgment violates this Agreement, or may otherwise violate the rights of, harm, or threaten the safety of any user or any other person or our systems, or create liability for us or any user and to terminate any account without prior notice and without assigning any reason. Additionally, though YouVOXX may store User Content, we have no obligation to do so for any period of time nor do we have any obligation to provide you with copies of your User Content or the User Content of others. YouVOXX also reserves the right to access, read, preserve, investigate and disclose any User Content made available to the Services or other information we believe is necessary to:
(i) enforce this Agreement;
(ii) satisfy any applicable law, regulation, legal process or governmental request;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property or safety of the Services, its users and the public.
6.5 User Content does not necessarily represent the views or opinions of YouVOXX, and YouVOXX does not endorse support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or any opinion, recommendation, or advice expressed therein, so you shall not state or imply that any User Content is in any way provided, sponsored or endorsed by YouVOXX. YouVOXX makes no guarantees as to the validity, accuracy or legal status of any User Content and we expressly disclaim any and all liability in connection with User Content.
6.6 The Services may contain or display links to, or otherwise give you access to third-party communications, content, products, services or websites (Third-Party Content) including but not limited to services that interact via a share button.
6.6.1 You acknowledge that YouVOXX does not monitor or endorse Third-Party Content, nor do we control or guarantee the accuracy, integrity, or quality of Third-Party Content. Your access to and use of Third-Party Content is at your sole discretion and at your own risk. YouVOXX may remove any access to any Third-Party Content at any time with or without providing a reason.
6.6.2 When using Third-Party Content, their terms, conditions and privacy policies will govern your use of such Third-Party Content. YouVOXX and its affiliates, partners, suppliers and licensors shall bear no liability in connection with your access to and use of the Third-Party Content.
6.7 You agree not to upload, transmit, or otherwise provide any User Content (a.) that violates any of the rights of others, including any copyright, privacy right, right of publicity, or any other intellectual property or proprietary right; (b.) that is unlawful, harassing, vulgar, defamatory, misleading, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or that is otherwise objectionable; or (c.) in violation of any law, regulation, or obligations or restrictions imposed by any third-party. Still, it is possible that while using the Service, you may encounter content that may be deemed offensive, indecent, harmful, inaccurate, inappropriate or otherwise objectionable, or in some cases, content that is mislabeled or is otherwise deceptive. Nevertheless, you agree that your use of the Service is at your sole risk and we shall have no liability for such content.
6.8 To perform our Services, the Services will regularly communicate with YouVOXX and YouVOXX affiliates’ hardware, software and computing servers during the normal course of operation to retrieve, process, transmit and store data received from the Services, the App, and the devices on which the App is loaded. This data may include your User Content, including voice and text communications and voicemail messages. You agree to all such communications. Furthermore, you agree that YouVOXX may access, transmit (including the transfer both to the United States and/or other countries for storage, processing and use), or otherwise process audio files provided by you or generated in connection with the Service, for purposes including, but without limitation to, the manual or automatic transcription of voice messages and for use in improving voicemail transcription services whether such transcription services are provided by YouVOXX or by a third-party. All audio files that you provide or that are generated in connection with the Services, as well as any derivative works such as associated transcriptions or log files also remain subject to the other terms and conditions of this section 5.
6.9 You agree that YouVOXX may at its sole discretion choose to incorporate your feedback or suggestions into any aspect of the Service now or in future revisions of the Service or in future products and offerings without any obligation to compensate you.
6.10 You understand and agree that User Content sent to others may appear on other users’ devices and these communications are also stored in our database. Even when you remove such User Content from your own device or account, copies may remain viewable on the devices of others to whom the content was transmitted and may remain stored in our database. Additionally, users may also share User Content sent to them with others.
6.10.1 You understand and agree that YouVOXX does not guarantee confidentiality with respect to any User Content you send using the Services
6.10.2 The Service may offer ‘Expiring’ or ephemeral messages as well as ‘Recalled’ messages that are ‘undisplayed’ on the recipient’s device. YouVOXX uses its best technical efforts to insure the proper operation of these features, however you understand that due to a variety of technical complexities we cannot guarantee the complete and absolute removal or display of such ephemeral or recalled messages from recipient’s devices. You agree that YouVOXX incurs no liability for any harm or damages caused by your use or receipt of such messages. You should be aware that even if such messages are ‘undisplayed’, generally User Content that is sent to other users cannot be completely expunged from their devices unless the message recipient(s) removes the data.
6.10.3 You agree and understand that when you delete User Content and other App data, it is deleted in a manner similar to emptying the recycle bin on a computer. However, such deleted content and data may persist in backup copies, memory or as disk fragments for a reasonable period of time (but will not be available to others).
6.11 Special Provisions for Users Outside of the United States. The following provisions apply to users and non-users who interact with YouVOXX outside the United States:
6.11.1 You consent to having your personal data transferred to and processed in the United States.
6.11.2 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities using the Service. You will not use the Service if you are prohibited from receiving products, services, or software originating from the United States.
7. Purchases, Payments and Refunds
YouVOXX may offer you additional features from a website or from within the App via in-app purchase. Some purchases may be one-time purchases while others may be recurring or subscription based as described in the in-app store. All such purchases are subject to, and the user agrees to accept, all terms and conditions detailed in this Agreement. Furthermore, you agree that you are not relying on the current or future availability of any feature or product offered through the Service in agreeing to or making payments hereunder.
7.1 All payments due are in U.S. dollars unless otherwise indicated on the ordering page for the in-app purchase or subscription. Payment shall be made by credit or debit card using the services of third parties to process your payments. We reserve the right to remove or amend the available payment methods at our sole discretion.
7.2 Recurring subscriptions may be cancelled at any time. All cancellations, upgrades and downgrades are processed automatically. All Services are prepaid for the period selected (monthly, yearly, one-time, or otherwise) and are non-refundable, except that:
7.2.1 If a paid purchase or subscription is cancelled within 14 days of the initial purchase, we will provide a full refund.
7.2.2 Cancellation of annual plan within 30 days after its annual renewal date may receive an 80% refund
7.2.3 If you believe that YouVOXX has charged you in error, you must contact us and request a refund within 60 days of such charge. No refunds will be given for any uncontested charges after 60 days.
7.2.4 The foregoing notwithstanding, YouVOXX reserves the right to refuse any refund request if in our sole discretion we believe (i) that our refund policy is being unfairly exploited; (ii) if you are in breach of the terms of this Agreement; (iii) if we suspect you or a third-party are using the Service fraudulently.
7.3 Some upgrades in the in-app store may offer proration of fees. Product and services that offer such prorated fee structures are described in the in-app store. Any prorated fees are subject to the same terms and conditions as other fees described in this section.
7.4 Some purchases and subscriptions may offer a recurring charge feature (e.g. Auto-Renew, Auto-Reload). Some recurring purchases and subscriptions may require active subscriptions to other services as well. (e.g. Voicemail Power Ups are active only as long as the user maintains an active voicemail subscription). Such requirements are subject to and described in the product description found in the in-app store or website, however, in the event of any conflict between the terms and conditions described in such product descriptions and this Agreement, this Agreement overrides. The recurring charge feature can be enabled or disabled at any time through the YouVOXX app. When your account balance goes below the threshold described in the product description in the in-app store, any recurring charges will be recharged using the payment option you designate in the App. Prior to charging you for a recurring payment, YouVOXX will attempt to notify you of the impending charge as described in the product description found in the in-app store. However, the recurring charge will be made on the scheduled date whether or not we are able to contact you unless you cancel or otherwise modify the recurring charge in the app. Recurring payments that cannot be processed on the scheduled date will be deemed a Delinquent Payment and will be subject to the Delinquent Payment terms below.
7.5 Recurring or other payments that cannot be processed on the scheduled date will be deemed a Delinquent Payment and will be subject to the following terms.
7.5.1 We may assess late fees on any outstanding Delinquent Payment amounts, except as prohibited by law. You are responsible for the payment of such late fees which are payable in full when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law
7.5.2 You will have ten (10) days to pay any Delinquent Payments in full. If you do not pay such Delinquent Fees within 10 days, we may suspend your use of the Services until all outstanding fees are paid in full. If your account remains suspended for non-payment for more than thirty days, YouVOXX may terminate your account for breach of this Agreement pursuant to Section XX
7.5.3 Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the original payment due date until paid in full. We may use a third-party to collect past due amounts. You will be responsible for all reasonable expenses (including collection and attorneys’ fees) incurred by YouVOXX in collecting such Delinquent Payments, except where such delinquent amounts are due to a YouVOXX billing inaccuracy.
7.6 Fees and rates charged for in-app purchases and subscriptions may be changed from time to time at YouVOXX’s sole discretion. For users with purchases or subscriptions with monthly or annual fees, any fee or rate changes will be effective for the next effective billing period. YouVOXX will attempt to provide the user with notice (which may be by email or by YouVOXX message) of fee or rate changes at least thirty days prior to the start of the following services term. YouVOXX reserves the right to reject or cancel purchases or subscriptions that use a promotion code that was used in violation of any promotion code restrictions.
7.7 All fees and rates exclude in applicable taxes. The user is responsible for any taxes due. If YouVOXX is required to collect or pay taxes on the user’s purchases or subscriptions, the taxes will be charged to the user, unless the user provides YouVOXX with a valid tax exemption certificate authorized by the appropriate taxing authority.
8. Downloads and Updates
From time to time YouVOXX may modify the Service or portions thereof (collectively, “Updates”), in order to extend improve, enhance, and further develop the software, but YouVOXX has no obligation to provide any Updates. If you are provided Updates to the Services, such Updates shall be deemed incorporated into the Services and shall be subject to the terms of this Agreement.
Additional offering that may be included in the Services include a Basic Voicemail Service and a Premium Voicemail Service. These voicemail services replace your carrier’s voicemail service and may have an impact on you or your callers with respect to privacy, your mobile carrier charges and/or your mobile carrier usage. You can control many of the voicemail features using the app, however YouVOXX has no responsibility to provide such Service limiting features. One such feature of both the Basic and Premium Voicemail Services is a capability that allows you to reply to and/or to share voicemail messages by providing a URL to that message. You agree that all voicemails received by, delivered by or made available to the Service are User Content and as such, are subject to all terms and conditions for User Content under this Agreement. Furthermore, you agree that the use and consequence of voicemail reply, share and all similar features are your sole responsibility and that YouVOXX has no liability whatsoever for any privacy or other liability associated with your use of such features.
10. Term and Termination
10.1 The Term of the Agreement will commence as soon as you, the user installs, accesses, or uses one or more of the Services and ends when you close your account or upon earlier termination in accordance with Sections XX, below. The following Sections of this Agreement shall survive any termination: 2, 5.3, 5.8, 5.9, 6.7, 8, and 10 through 13.
10.2 You may terminate this Agreement with YouVOXX at any time. Upon termination, you shall immediately cease all use of the Services, and destroy all copies, full or partial, of the Service including any application you downloaded. You agree that any and all rights to your account or your User Content terminates upon your death and that YouVOXX may permanently delete your account and all associated User Content upon receipt of a copy of your death certificate.
10.3 We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of this Agreement or create harm, risk, or possible legal exposure for us, our users, or others. We will attempt to notify you if we modify, suspend, or terminate your access to or use of our Services and notice shall be deemed provided to you by YouVOXX sending an email to your email address on file, by leaving a message for you via the Service or via a message presented coincident with the next time you attempt to access your account. No refunds of any prepaid fees shall be made to you in connection with any termination pursuant to this Section 9.3.
11. Warranty Disclaimer, Limitation on Liability, Indemnity
11.1 You expressly acknowledge and agree that use of the Services is at your sole risk and that you bear the entire risk as of satisfactory quality, performance, accuracy and effort. Furthermore, you agree that you will not use the Services while operating a motor vehicle, for time-critical or emergency services or events or for any operation where injury, death, or economic damage could occur.
11.2 YouVOXX will make reasonable efforts to maintain the service, however you acknowledge that to the maximum extent permitted by applicable law the service is provided to you “AS IS” and “AS AVAILABLE” with all faults and without warranty of any kind.
11.3 YouVOXX hereby disclaims all warranties and conditions with respect to the Service, any User Content or other content thereon, whether express, implied or statutory, to the maximum extent permitted under applicable laws except as expressly provided herein. YouVOXX, and its affiliates disclaim all warranties relating to the Service and the website, whether express, implied or statutory, including, but not limited to any warranties regarding: infringement of third-party rights; satisfactory quality including that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections; merchantability; fitness for a particular purpose; the accuracy of the Service; timeliness of the Service; security of the Service; quiet enjoyment without interference; title; whether the quality of any products, services, information, or other material purchased or obtained on or through the Service will meet your expectations or is accurate, complete, or useful; that any errors in the Services will be corrected; and freedom from computer virus or other harmful code.
11.4 You agree that YouVOXX and its parent companies, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, partners, or directors (collectively, the YouVOXX Parties) have no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services and that should the Service cause any defects, you assume the entire cost of and responsibility for all necessary servicing, repair or correction.
11.5 You agree that the YouVOXX Parties will not be liable for, or responsible for any harm, loss of life, personal or other injury, economic damage or any other damages with respect to: any subject matter of this Agreement; any negligence; any strict liability; any messages received or transactions entered into through or from the Service; any unauthorized access to or alteration of your transmissions or data; any statements or conduct of any third-party; any other matter relating to the Service whether online or offline; or any other theory for or related to: (i) any lost profits; (ii) any harm to your computer system, mobile or other device, (iii) any loss or inaccuracy of data; (iv) any cost of procurement of substitute goods or other costs of services or technology; (v) any loss of Goodwill, use, data or other intangible losses; (vi) for any consequential, special, punitive, indirect, incidental, exemplary or other damages; or (vii) the deletion, failure to store or failure to transmit or otherwise process any User Content including without limitation contact records, audio, video, text and voicemail messages and other data or communications (viii) for any other injury or harm relating to, arising out of, or in any way resulting from: this Agreement, us, your access to or use of the Services; any User Content or other content or information associated in any manner with YouVOXX or the Services, even if one or more YouVOXX parties have been advised of the possibility of such damages.
11.6 The foregoing notwithstanding, the YouVOXX Parties’ aggregate liability relating to, arising from, or in any other way found in connection with the Agreement, us, our Services or related in any manner to any harm, injury or damages in section XX, will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. You understand that
11.7 Each party agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material, bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration exchanged hereunder and in the decision by each party to enter into this Agreement. However, applicable law may not allow the limitations or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases YouVOXX’s liability will be limited to the fullest extent permitted by applicable law
11.8 No oral or written information or advice given by any YouVOXX Party or through the Services or website or via any other medium shall create any additional representation or warranty not expressly made herein.
11.9 You release the YouVOXX Parties from any claim, complaint, cause of action, controversy, or dispute (collectively, “claim”) and damages, either known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties or against or relating to any YouVOXX Party. If you are a California USA resident, you expressly waive any and all rights granted you under California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
11.10 You will indemnify, defend and hold harmless Viber from and against any and all Claims, costs, damages, losses, liabilities and expenses of any kind (including reasonable attorneys’ fees and costs) relating to, arising out of, or in any way in connection with: your access to or use of our Services, including information provided in connection therewith; your breach or alleged breach of this Agreement; or any misrepresentation made by you. In such a case, YouVOXX will provide you with written notice of such Claim, suit or action and you agree to cooperate as fully as required by us in the defense or settlement of any Claim.
12. Dispute Arbitration
12.1 General Arbitration. You and YouVOXX agree that, unless as a user located in the United States or Canada you opt-out pursuant to the procedure below, any dispute, claim or controversy arising out of or relating to this this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or website or actions in any way related to or arising from your rights of privacy and publicity, (collectively, “Disputes”) will be settled by final, binding, individual arbitration under the American Arbitration Association’s then current rules for arbitration of consumer-related disputes. Accordingly, you and YouVOXX hereby expressly waive all rights to a trial by judge or jury, except for IP Protection Actions as described below, regardless of whether or not such Dispute involves a third-party. Additionally, you and YouVOXX each agree not to combine, or to allow the Arbitrator to combine, any Dispute that is eligible for or subject to arbitration under the Agreement with any Dispute that is not eligible for or subject to arbitration under this Agreement.
12.2 Arbitration Location and Procedure.
12.2.1 For users located in the United States. Unless you and YouVOXX otherwise agree in writing, the arbitration for any user located in the US will be conducted in Gwinnett County, Georgia, USA.
For users located Outside of United States. Any arbitration proceeding will be conducted in Gwinnett County, Georgia, USA.
12.2.2 Regardless of arbitration location, if your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documentation you and YouVOXX submit to the arbitrator, unless YouVOXX requests a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Furthermore, subject to AAA then current rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
12.2.3 Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Any further allocation of arbitration fees and costs shall be established according to the then current AAA Rules except as modified by this “Disputes & Arbitration” section.
12.2.4 Arbitrator’s Decision. The arbitrator will render a decision or an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based any decision or award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
12.2.5 Arbitration Changes. If YouVOXX changes this “Dispute Resolution” section after the date your first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and YouVOXX in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
12.2.6 Arbitration Opt-Out. Users located in the United States or Canada may opt out of this agreement to arbitrate. If you do so, neither party can require the other to participate in an arbitration proceeding. To opt out, you must notify us by email within 30 days of the later of: (i) the date that you first accepted the Agreement; or (ii) the date you became subject to this arbitration provision. You must use this email address to opt-out: email@example.com and your email must include: (1) your name, residence address and email address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Agreements’ conditions for arbitration.
12.3 Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions in this Section 12 will be null and void with respect to that Dispute. This arbitration agreement section will survive the termination of your relationship with YouVOXX.
13. Non-Arbitrated Disputes
13.1 Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an IP Protection Action, or if the arbitration agreement in Section 11 is found to be unenforceable regarding your Dispute, you agree to be subject to the provisions set forth in the remaining provisions of this Agreement, including but to limited to the ‘Choice of Law and Forum’ and all ‘Warranty Disclaimer, Limitation on Liability, Indemnity’ provisions of this Agreement
13.2 Limited Time to Make a Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or this Agreement must be filed and commence within one (1) year after such claim or cause of action arose or be forever barred.
13.3 Small Claims Court. As an alternative to the Dispute Arbitration process found in section 11, each party retains the right to bring an individual action in small claims court. You may bring Claims only on your own behalf as long as the matter advances on an individual (non-class) basis. You agree not to participate in a class action, a class-wide suit or arbitration regarding any Claims or Disputes related to or arising out of this Agreement. You also agree not to participate in Claims or Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
13.4 IP Protection Action. The Dispute Arbitration process found in section 11 notwithstanding, each party retains the right to bring an action seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of Georgia, USA and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
14. Miscellaneous Terms and Conditions
14.1 Waiver. Any failure on our part to enforce any term of, or right granted by this Agreement will not be deemed a waiver of such right or provision and shall not prevent enforcement on any other occasion or the enforcement of any other term. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
14.2 Assignment. This Agreement and any counterparts shall be fully and freely assignable and transferable by YouVOXX at its sole discretion and we may transfer your account, User Content, account information and any other data or information we maintain regarding you, your account or usage thereof to any of our affiliates, successor entities, or new owner. Your rights and obligations arising from or related to this Agreement are not assignable nor are they transferable by you under any circumstance, and any such attempted assignment or transfer shall be void and without effect.
14.3 Choice of Law and Forum. This Agreement and any action related thereto shall be construed, enforced and governed by and in accordance with the laws of the State of Georgia, USA without regard to the conflicts of laws provisions therein. You and YouVOXX hereby agree and consent to the personal and exclusive jurisdiction of the state and federal courts located in Gwinnett County, Georgia, USA with respect to any Claim arising under, related to or by reason of this Agreement. This Agreement shall not be governed or affected by any version of the Uniform Computer Information Transactions Act enacted in any jurisdiction. The United Nations Convention on contracts for the International Sales of Goods shall not apply
14.4 Government End Users. The Services and related documentation are “commercial computer software” and “commercial computer software documentation”, respectively, as such terms are used in FAR 12.212. Any use, duplication or disclosure of the Services or the documentation by or on behalf of the U.S. Government is subject to the restrictions set forth in this Agreement.
14.5 Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the YouVOXX Parties and you pertaining to the subject matter hereof, superseding and replaciong in their entirety any prior agreements between you and any YouVOXX Party regarding the Service, and any and all written or oral agreements previously existing between you and any YouVOXX Party parties are expressly cancelled (except to the extent otherwise expressly provided herein).
14.6 Publicity and Press. YouVOXX shall be allowed to refer to you as a user of the Services on its website and in marketing materials, including but not limited to case studies, blog posts and webinars. Other than as provided in the foregoing sentence, neither Party shall issue any public announcement regarding the subject matter herein without the prior written approval of the other.
14.7 Right to Decrement or Cease Offering Services. YouVOXX reserves the right at any time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that YouVOXX shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services, or any part thereof.
14.8 Force Majeure. YouVOXX shall not be responsible for any failure to perform any obligation or provide the Services described in this Agreement because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages or outages experienced by our telecommunications services providers, or (d) similar forces beyond YouVOXX’s control.
14.9 Notices: By using this the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.
YouVOXX will use reasonable efforts to notify you of changes to the Service that may materially affect you or your experience with the Services. Such notices as well as certain administrative messages will be sent to the email address you provide in the App or as a message through the App. You agree that any email notification sent to such address or message delivered through the APP shall be deemed suitable notice of such changes.
Additionally, YouVOXX will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your Personal Information to you via email or conspicuous posting on www.youvoxx.com in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
14.10 Export Control. You agree that you will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws. Without limiting the foregoing, you agree that you will not directly or indirectly, export, re-export, provide, or otherwise transfer our Services in violation of Export Laws; nor (b.) use the Services for any purposes prohibited by Export Laws, including but not limited to nuclear, chemical, or biological weapons proliferation. Furthermore, YouVOXX makes no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You agree not to use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. It is your responsibility to ensure that you are legally allowed to use YouVOXX where you are located.
14.11 Fair Usage. YouVOXX provides the Services on a limited basis that permits fair usage of the Services. YouVOXX retains the right to modify and/or enforce such limitations at any time and in its sole discretion.
14.12 Cumulative Rights and Remedies. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.
14.13 Other. Nothing in this Agreement shall prevent us from complying with any law in any jurisdiction. Furthermore, this Agreement does not confer any third-party beneficiary rights to you and we reserve all rights not expressly granted to you.
Last Modified: November 4, 2016
This policy was written in English (US). To the extent any translated version of this policy conflicts with the English version, the English version controls.
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Notice of Changes
YouVOXX receives or collects information as we provide our Services. This information can include Personal Information that we obtain when you install, access, or use our Services. Personal Information means information about you that is personally identifiable, like your name, address, e-mail address, billing information, or phone number, as well as other non-public information that may be used to readily identify, contact, or locate you.
Anonymous Information means information that is not personally identifiable and thus does not enable the ready identification of individuals in normal use. It may include information such as aggregated information, general demographic information and IP addresses. Since YouVOXX users may search for you using your unique voxxID number and see that you are a registered YouVOXX user, we consider your voxxID number or the fact that you are a YouVOXX user to be Anonymous Information. You hereby confirm that we may share or disclose Anonymous Information.
Modifying Your Personnal Information
As a user of the Services, we provide you with tools to access or modify certain Personal Information in the Account tab of the App. To completely remove your Personal Information, you must deactivate and then delete your YouVOXX account. Note that if you are a YouVOXX Voicemail user, you should first revert your voicemail back to your carrier’s voicemail service in the Settings tab before you deactivate your account. For more information, see our FAQ on Account Deactivation & Deletion.
User Provided Information
When you Sign Up on the YouVOXX App, you will be asked to provide your email address, your given name, a nickname and a photo. Your email address and photo are optional, but at least one name (first, last or nickname) must be provided. This information will form your Public Profile which will be shared with other users of the Services. Your phone number will also be collected and is used to uniquely identify you in our system, however your phone number will not be shared with other users of the Services.
We may also collect information about you from other users of the Services. Examples may include when a friend provides details or contact information about you, or if they send you a message, send messages to groups to which you belong, or call, email or text you.
Address Book Information
You may choose to allow us to access and sync the App to your mobile device’s address book. If you do so, a copy of the profile pictures, phone numbers, email addresses, contact names and Facebook IDs in your device address book (but not the actual emails, notes or any other personal information) will be stored on our servers. YouVOXX does not use this information to market to your contacts. Rather, this information is used to:
a) ascertain which of your contacts is already a YouVOXX user and automatically connect you as friends
b) properly display contact names in the App
c) sync your contacts across your devices that are running YouVOXX
d) populate contact records in the App and in our databases; and for other such purposes.
By allowing the App to sync with your address book, you represent and confirm that you are authorized to provide such contact information and you authorize us to maintain a copy of this information in our database. If you delete your contacts from our servers, your records in this database on our servers will be permanently deleted. The information may be restored by allowing the App to sync to your device’s address book again. This data is stored as secure information. It will not be provided to third parties for marketing purposes or for other contact purposes, except in the case of law enforcement purposes as described herein.
The Services are typically used to help you communicate with others. When you share information or User Content using the Services, it will be seen by the recipients and may be stored and/or forwarded to others either on or off of the Services. If you elect to share information or User Content using the Services, you confirm that you assume all responsibility and all liability for the distribution of such information or User Content and that personal information contained in such information or User Content may be made public.
Voice, text and images you create and transmit may also be stored on your device, the device of recipients of such communications, and on our servers so you should be careful while sharing such information. The Services offer certain tools and features including settings and blocking features to help you control who you communicate to and share information with.
Additionally, any voicemails or voicemail transcriptions you receive may be stored by the Services as secure information, available only to YouVOXX support staff and to you once you have successfully signed in to your account.
Some of our Services are available for purchase. If you choose to purchase any of our Services, YouVOXX may obtain information, confirmations, payment receipts, and similar information from app stores or other third parties involved in the processing of your payment.
Automatically Collected Information
In addition to the information you provide the Services, the App also collects certain device specific information automatically, such as (but not limited to) the type of mobile device you use, the device’s unique device ID, the IP address and phone number of your mobile device, your operating system, crash and log information, and information about the way you use the App. Collectively, this information may be collected by or shared with third-party service providers of YouVOXX, who may only use such information in providing services to YouVOXX and in accordance with this policy.
We do not (and will not allow any third-party to) use statistical analytics tools to track or to collect any Personal Information of our users. However, YouVOXX does use analytical tools as well as users’ logfile information to help us track user behavior. This information (including but not limited to: IP address, data storage, maintenance services, database management, web analytics and information processing) helps us analyze and evaluate how the App is used as part of our ongoing efforts to improve our Services. This type of reporting includes no personally identifying information.
Call Detail Records
YouVOXX may also maintain a Call Detail Record for messages and voicemail calls that transverse our system. Call Detail Records are industry standard records used by all phone companies. We gather this information in an anonymous, aggregate, non-personally identifiable manner to better understand our network and the Services. However, we may also review specific Call Detail Records in response to a customer support request. We maintain Call Detail Records for no more than 36 months.
YouVOXX may uses “cookies”, “web beacons” and similar technologies to distinguish you from other visitors, to track your IP address, to understand your usage of our Services, to identify the site from which you linked to us, as well as for other purposes. This information is used by us, and our third-party partners, to improve our website design, as well as our Services, and for marketing purposes. Information obtained through cookies and web beacons may be shared with or obtained by service providers on our behalf. We may combine this information with personally identifiable information you have given to us to better understand how our Services are used. We do not collect personally identifiable information regarding your online activities over time or across third-party websites.
We use information to operate, maintain, develop, tune, enhance, understand, market and to improve our Services as well as to develop new products. We may also collect service-related, diagnostic, and performance information to help us improve the Services. YouVOXX and our third-party service providers may also use information collected from the App, your use of the App and from the Services to target and manage our marketing efforts as described in this section.
User Sign Up & Activation
When signing up for the Services, performing password changes or during similar administrative activities, the Services may interact with your phone’s SMS inbox or call history for the sole purpose of service activation, placing incoming messages in your inbox, reading the contents of the activation SMS sent to you by YouVOXX. WE WILL NOT ACCESS THE CONTENTS OF ANY OTHER SMS DURING THIS ACTIVATION PROCESS.
User Content you send to others will show up on other their devices and is also stored on our servers. Even if you remove this content from your device or account, copies of this User Content will remain viewable on the devices of third-party users with whom you have communicated and will be stored on our servers for a period of time.
To make it easier for you to find and communicate with others, certain User Provided information, such as your name, voxxID and profile picture may be publicly shared with other users of the Services. These users will be able to see this information about you after you Sign Up for the Services, however you may edit some of this content and control the display of much of this information in the App settings.
Additionally, other users of the Services may provide us contact information they have about you, such as your email address, phone number, your name or your voxxID, any of which we may use to determine if you are a Service user. If you are, then we may share your profile information with others so that they can add you to their contact list via the Services. You can control these settings in the Account tab of the App such that you will no longer be searchable by other users and your information will not be shared this way.
YouVOXX reserves the right to deliver voice messages to you via the App and to deliver emails to you for the purposes of sharing essential service related information such as password resets, billing and account information, service and policy updates and to respond to support and other inquiries from you. We may also provide product or service updates about the latest app or features of the Services, tips and best practices to help you make the most of our Services, optional surveys to help us improve our Services and our understanding of our Services as well as occasional promotional offers and discounts. You may control non-essential information you receive from us in the Notifications tab of the App.
Subject to these Notification settings and applicable laws, you agree that your entry of your telephone number in the Sign-Up process shall serve as your express, written consent to receive such messages whether by the Service, by email, SMS or by other means, including messages regarding (i) our Services and the goods and services of our affiliates and partners; and (ii) similar third-party messages that we deem may be relevant to you.
Additionally, YouVOXX’s Customer Service may retain certain information for as long as necessary to provide support to users. However, we will delete your contacts data from our servers as described herein.
User Content that you have sent via the Services will be deleted from your device, but will remain accessible to the recipients of those messages and will not be deleted from their devices or our servers.
YouVOXX is very concerned about safeguarding your personally identifiable information. Once we receive your transmission of Personal Information, we take steps to protect it from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use commercially reasonable procedural safeguards, electronic measures and technical safeguards to protect your data. However, you should be aware that no Internet-based transmission or method of electronic storage, is ever completely secure and your use of the Services is at your own risk. For these reasons, we cannot warrant the security of any information you provide to us.
YouVOXX also provides end-to-end encryption for our Services, which is on by default. End-to-end encryption means your messages are encrypted to help protect them from being read, viewed or listened to by third parties, including YouVOXX. Additionally, we encrypt the YouVOXX data stored in the YouVOXX on-device database as well as User Content stored on our servers.
Legal & Law Enforcement
We may also disclose your Personal Information, (and you authorize us to disclose such information by your use of the Services) if in our sole discretion it is our good faith belief that such a disclosure is necessary to:
a) comply with the law, a subpoena, or other legal process served on us
b) support law enforcement inquiries in connection with investigations of potential fraud, intellectual property infringement, or other activities that may be illegal or expose you, or us to potential liability
c) protect and defend our rights or property (including the enforcement of our agreements), your safety or the safety of others,
d) respond to an authorized governmental request
Third-Party Sites and Privacy Practices
How to Contact Us For Privacy Concerns