Description of the Services provided by Phonexia s.r.o.
1. Acceptance of Terms of Service (Terms as a Contract)
1.3. Legal Age & Contractual Capacity. All Services are provided by PHONEXIA for use by an individual or entity legally capable of entering into a legally binding contract with PHONEXIA. Acceptance of the Agreement represents admission of authorization of legal age, signatory capacity and that all registration and personal information given to PHONEXIA is true, accurate, and current. At its discretion, PHONEXIA reserves the right to terminate its relationship with any Member who is found to have submitted inaccurate information or misrepresented themselves in any manner.
1.4. Amendments to the Agreement. The Agreement may be amended at any time by PHONEXIA. An updated version of the Agreement will be posted to the PHONEXIA website to inform Member. The most recent Agreement will take precedence and replace all prior agreements between PHONEXIA and Member. If Member no longer accepts the new Agreement, Member must terminate use of all Services immediately.
2. PHONEXIA License
2.1. License to Member. Through this Agreement, PHONEXIA provides Member with a personal, non-exclusive, revocable, time-limited right to use the Services (hereinafter the „license“) made available to you through your PHONEXIA account. This license allows Member to use the Services solely in the manner permitted by this Agreement. License is only active while your account is in good standing and as permitted by this Agreement.
2.2. Software Access/Use Restrictions. Member will not copy, translate, modify, reuse, disassemble, decompile or reverse engineer any aspect of the Services, or transmit the PHONEXIA software used for the provision of the Services to any third-party unless PHONEXIA has given written permission to do so. Additionally, PHONEXIA reserves the right to prevent Member from using non-PHONEXIA software to access the Services.
2.3. Transfer of License. Member may not transfer, assign, rent, lease or sublicense his/her rights to use the Services to another party unless PHONEXIA has given written permission to do so. PHONEXIA has the right to either fully or partially transfer or assign this agreement to another party. Such transfer or assignment shall not affect the terms of this agreement.
3. Condition of PHONEXIA Services (Management of Accounts)
3.1. Affiliates. Member agrees to allow any and all affiliates, subsidiaries and/or non-related third parties to work in conjunction with PHONEXIA in order to provide you with Services.
3.3. Account Access. PHONEXIA and its affiliates, subsidiaries and/or non-related third parties reserve the right to access Member’s account content if it is necessary to correctly process a transcript, assist with customer service, enforce this Agreement, investigate and/or address any security or technical issues, or if PHONEXIA believes this access is necessary to act in accordance with a legal or governmental request. Account content shall mean any electronic data provided by you, including but not limited to any kind of audio and video materials, music, sounds, texts and pictures. You shall remain at all times solely responsible for the content of your account. You shall avoid uploading any kind of illegal, harmful, abusive or otherwise inappropriate content to your account: PHONEXIA reserves the right to remove part or all of your account content if PHONEXIA would, in its sole discretion, reasonable determine that the content contains illegal, harmfull or otherwise inapropriate parts.
3.5. Storage Responsibility. PHONEXIA undertakes to use best effort to prevent or remedy any failure to store or transmit Member’s account content but in no case PHONEXIA assumes any responsibility or liability for the failure to store or transmit Member’s account content, or for the deletion of this content.
4. Use of PHONEXIA Services
4.1. Equipment Requirements. PHONEXIA Members must provide all equipment required to use the PHONEXIA service including but not limited to a computer and a phone, as well as the respective services such as high speed Internet connection, and telephone service (land-line or cellular phone) through a third-party provider. PHONEXIA does not provide Internet or telephone services. Member must also install, download or access the necessary software from PHONEXIA, if required. PHONEXIA may automatically update software as needed without notice, or require an update to be downloaded and installed prior to continued use.
4.2. Beta Services. Prior to releasing a full commercial version of the Services, PHONEXIA might in its sole discretion release a beta version of the Services for the purpose of further testing. It is likely that such beta versions of the Services will contain errors, including errors that may cause the Services or your computer to malfunction or cause a loss of data. In case of publication of such beta verison of the Services PHONEXIA explicitly notifies you, that PHONEXIA is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the beta Services.
4.3. Members Agreement to Use. By accepting the Agreement, Member agrees to the following regarding use of Services:
Services will only be used as permitted by the Agreement and any law, regulation or guideline in appropriate jurisdictions.
Services provided by PHONEXIA will not be accessed or attempted to be accessed through any means other than the user interface provided by PHONEXIA, including through any automated means. This includes, but is not limited to, any attempt to breach security features, to probe or test the website’s defenses, or to access any PHONEXIA system or network for which the Member has no authorization.
Member will not access content, data, or accounts for which the Member has no authorization.
Member will not act in any way that leads to the interference or disruption of Services or any equipment connected with running the Services.
Member will not copy, duplicate, reproduce, trade, sell, resell, market, publish or exploit any Services or elements of the PHONEXIA website at any time for any commercial purposes which would either directly or indirectly limit the use of PHONEXIA Services by third parties.
Member will not use PHONEXIA’s Services or systems to attempt to gain unauthorized access to other computer systems.
Member is completely responsible for any violation of the Agreement and is liable for all consequences that may result from such a violation. This includes any loss or damage suffered by PHONEXIA as a result of Member’s violation.
4.4. Criminal/Civil Liabilities. Any Member who violates any stipulation of the Agreement may be subject to the full extent of the law, including holding said person to civil and/or criminal liability. PHONEXIA will cooperate directly with appropriate law enforcement in the case of any investigation related to a violation of the Agreement.
5. Password Confidentiality & Account Security
5.1. Password Confidentiality. As a Member, you agree and understand that you are responsible for maintaining the confidentiality of any passwords or PINs which may gain access to your account and the services provided by PHONEXIA. In the case of any unauthorized use of your account, password or PIN, you agree to immediately inform PHONEXIA of this activity.
5.2. Account Security. For any loss incurred as a result of unauthorized use of your account, password or PIN, whether known or unknown, PHONEXIA will not be held liable. You are solely responsible to PHONEXIA for all activities that may occur under your account. Member has the opportunity to change your password at any time in the account settings section of Member’s account.
6. Privacy & Personal Information
7. Proprietary Rights & Intellectual Property
7.1. PHONEXIA’s Proprietary Rights. Member recognizes and agrees that all legal rights and title to the Services are owned by PHONEXIA or its licensors, including all intellectual property rights contained therein.
7.2. PHONEXIA’s Intellectual Property. The use of PHONEXIA’s brand names, logos, domain names, trademarks, service marks, copyrighted materials, patents or any other brand elements unique to PHONEXIA and its Services is strictly prohibited, unless you have entered into a written agreement with PHONEXIA detailing otherwise. If such an agreement exists, brand elements approved for use must be handled in compliance with the guidelines specific to that agreement.
7.3. Member’s Proprietary Rights & Intellectual Property. PHONEXIA recognizes and agrees that Member remains the sole owner of the title to any Member-generated content, including audio recordings, transcripts, personal information, or any intellectual property rights contained therein. PHONEXIA is not required or obligated to protect and/or enforce rights owned by Member. Member hereby grants PHONEXIA a non-exclusive, perpetual, irrevocable, royalty-free and fully paid-up license to use Member generated content in connection with improvement of PHONEXIA Services, including but not limited to use, copy, distribute, publicly display, create improvements, create derivative works and anonymize such Member generated content and to sell and sublicense such improvements or derivative works of such Member generated content.
7.4. Member Feedback & Rights. Your participation in submitting ideas or feedback to PHONEXIA assigns to PHONEXIA all rights, title and interest to such changes or enhancements and all property rights contained therein, including, but not limited to, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
7.5. PHONEXIA Use of Member Feedback. Member agrees that all feedback submitted to PHONEXIA through the PHONEXIA website, Member´s account, Services, social networks or by any other means may be used in press releases, customer testimonials, and as a reference in marketing and sales initiatives by PHONEXIA.
7.6. PHONEXIA’s Handling of Content. In order to perform the necessary steps to process Member-generated content to provide the Services to Members, PHONEXIA may transmit or distribute this content via public networks or media. Additionally, it may be necessary to make changes to this content in order to adjust it to fit the technical requirements of processing the content. PHONEXIA will encrypt all Member content before transmitting or distributing for processing purposes. Member agrees to permit PHONEXIA to take these actions.
8. Service Subscription – this section is only applicable if Member agreed to the subscription payments for particular PHONEXIA Services.
8.1. Subscription Payments. Once the Free Trial, if provided by PHONEXIA, has ended, and Member agreed to use PHONEXIA Services for subscription payments, Member is obligated to pay all subscription fees by due dates determined by PHONEXIA. You expresly authorize PHONEXIA to charge your credit/debit card when the subscription is due for renewal. Once you have confirmed acceptance of the subscription, PHONEXIA may move to verify Member’s credit if appropriate. Member gives approval for such credit verification.
8.2. Automatic Renewal. UNLESS YOU NOTIFY US 24 HOURS BEFORE RENEWAL THAT YOU WANT TO CANCEL OR YOU SET YOUR SERVICE ACCOUNT TO NOT AUTO RENEW, YOUR SERVICE SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PERIOD, USING THE CREDIT CARD DETAILS WE HAVE ON RECORD FOR YOU. You can cancel your subscription via the contact form or by phone, PHONEXIA will confirm the cancellation by email. If you do not cancel your subscription under the aforementioned delay, the subscription will be renewed for the same billing period length.
8.3. Storage of Payment Information. Member gives PHONEXIA permission to store credit card numbers or other forms of payment information for the purpose of processing periodic subscription payments. Member has the right to update stored payment information at any time within their password-protected account.
8.4. Subscription Fees. Subscription fees are subject to change at the discretion of PHONEXIA. All Members will be given written notice in advance of any changes. If Member does not agree to subscription fee changes, Member reserves the right to cancel the subscription without penalty. PHONEXIA is not obliged to return any parts of the unused subscription fees.
8.5. By accepting this agreement you authorize PHONEXIA to direct its third party payment processors or to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable subscription fees for your purchase. The price stated does not include any taxes that may be applicable in your country. If PHONEXIA does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and PHONEXIA may suspend your access to the Services
9. Member Conduct
9.1. Liability For Recording Other Parties. Member agrees to be solely responsible for all audio and/or transcribed content created and shared while using the Service.
9.2. Disclosure of Recording. Member is solely responsible for notifying all parties as required by applicable law on a PHONEXIA call, whether made via phone, skype, webex or any other means, that the call is being recorded. PHONEXIA will not be held liable for any consequences relating, whether directly or indirectly, to Member’s failure to do so. Although features may exist in the service to alert call participants to recording in certain circumstances, this is only provided as a reminder and may not be relied upon as definitive disclosure for compliance with applicable laws. Furthermore, failure of the Member to notify a party about recording of the call shall be considered as a breach of these terms with the right of PHONEXIA to immediately suspend provision of the Services.
9.3. Appropriateness of Content. Member agrees that the contents of his/her account are not endorsed by PHONEXIA. All content is subject to any applicable local, state, national or international laws and regulations. When content violates such laws or regulations, the creation and/or distribution of said content via PHONEXIA’s Services is prohibited.
10.1. Termination By PHONEXIA or Member. Member’s account may be terminated at any time, for any reason by either the Member or PHONEXIA. To terminate your account, Member must contact PHONEXIA’s Customer Service at phonexia.com or [email protected], or Member can cancel their account via the PHONEXIA website directly.
10.2. Deletion of Content for Expired or Terminated Accounts. If Member’s account should expire or be terminated, PHONEXIA has the right to delete account content.
10.3. Account Access Upon Expiration or Termination. Upon expiration or termination of your account, you will no longer be granted access to your account or any Member generated content contained therein effective immediately. Closed account content may remain archived for back-up purposes within the PHONEXIA system for a period of time to be determined by PHONEXIA and used for further improvement of the PHONEXIA Services.
10.4. Termination of Agreement. The termination of Member´s account is also the termination of the Agreement, relieving PHONEXIA and ex-Member of any obligations or rights contained therein, except where such obligations or rights are stated to continue indefinitely.
10.5. PHONEXIA’s Waiver of Rights. If PHONEXIA should fail to implement and/or enforce any portion of this Agreement, it will not constitute a waiver of any rights or provisions laid out in the Agreement, unless such a waiver is agreed to by PHONEXIA in writing.
11. Exclusion of Warranties
11.1. Use At Member’s Risk. Member acknowledges and agrees that the Services are provided “As Is” and “As Available” without warranty of any kind. Use of the Services and any related software is done solely at the Member’s own discretion and risk. PHONEXIA is not responsible for any damage to Member’s computer system or other device, or for the loss of any data as a result of downloading any necessary materials or software, even if PHONEXIA has been advised of the possibility of such damages.
11.2. Exclusion of Warranties. PHONEXIA does not certify, warrant, or guarantee:
That the Services will meet your requirements or expectations
That the Services will be continuously available, timely, free from error, or secure
The accuracy or reliability of any information or data processed by the Services or acquired by you through the Services
That any defects in the software provided as part of the Services will be corrected
Any goods or services obtained through the Services
Any transactions entered into with PHONEXIA
That the Services would be free of any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party.
11.3. Warranties Not Included in Agreement. No warranty secured by Member from PHONEXIA and its Services, whether in oral or written form, shall be created unless explicitly declared in the Agreement. Additionally, all warranties, whether expressed or implied, are further disclaimed by PHONEXIA. These may include, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of Liability
12.1. Limitation of Liability. You acknowledge and agree that PHONEXIA or its officers, directors, employees or agents shall not be held liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you through the use or inability to use the Services, website or software. Damages may result from but are not limited to the following, regardless of whether PHONEXIA has been notified of the occurrence or possibility of such damages:
Loss of profit
Loss of goodwill or reputation
Loss of data or content through deletion, corruption or failure to store
Changes to the Services
Temporary or permanent cessation of the Services
Failure of shared content to reach intended party
Failure of Member of supply accurate account information
Failure of Member to keep password, PIN or account protected and confidential
Damage resulting from use of, access to, or reliance on the Services or website
Damages for judgments against member related to recording others without permission
Any other intangible loss
To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exklusive remedy for any dispute with PHONEXIA or its affiliates relating to the use of Services is to stop using PHONEXIA Services, and to cancel your PHONEXIA account. In no case shall PHONEXIA or its affiliates, officers, employees or directors liability exceed the amount of USD $100 (in words one hundered US dollars) or corresponding amount in other currency.
Because some state or jurisdiction do not allow the exclusion ort he limitation of liability for consequential or incidental damages, in such states of jurisdictions PHONEXIA´s and its affiliates liability shall be limited to the full extend permitted by law.
13. Force Majeure
13.1. Force Majeure. PHONEXIA shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control (“Force Majeure Events”), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.
14.1. Indemnification. Member agrees to indemnify and hold harmless PHONEXIA and its officers, directors, affiliates, subsidiaries, representatives, agents and employees from and against any and all costs, damages, claims, demands, expenses, suits, judgments, and losses (including, but not limited to, reasonable legal costs) due to the Member’s breach of this Agreement. The same applies to any third-party claims or suits which may arise as the result of your use of the Services. This section of the Agreement shall remain active even upon termination of this Agreement.
15. Legal Claims
15.1. Agreement Governance. This Agreement is governed by and interpreted in accordance with the laws of the Czech Republic. All claims and disputes arising from this Agreement will be brought solely to the exclusive jurisdiction of the courts in Brno, Czech Republic, and must be filed within one (1) year of such claim, as it will thereafter be waived and barred. Despite this stipulation, PHONEXIA may apply for injunctive remedies in the jurisdiction of its choosing.
15.2. Invalid Provisions. If any provision of this Agreement is ruled invalid by a court of law having jurisdiction in this matter, that provision will be stricken from the Agreement, leaving the remaining provisions in effect and enforceable.
15.3. Section Headings. The section headings in the Agreement are for convenience only and have no legal or contractual consequence.
16.1. Contacting Members. PHONEXIA reserves the right to contact Members at its own discretion regarding its products, services, software updates, changes to this Agreement, for marketing research including surveys, and other issues which may pertain to Member’s account. Member consents to allow PHONEXIA to contact you via email, text messaging, posting on the Services, or through other means via the Internet while accessing the Services or website.