End User Terms of Service

Updated August 23, 2024

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE ACCEPTING THESE TERMS, UNDER WHICH YOU WILL BE AUTHORIZED TO USE THE ALTA VOICE SOFTWARE (THE “SOFTWARE”) OF ALTA VOICE, INC. (“ALTA” OR “US”). BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SYSTEM, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY. THESE TERMS SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO ALTA’S SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE.

These Terms are a legal agreement between you and Alta and govern your use of the Software as an authorized employee or user of a customer of Alta (the “Customer”), which has signed a separate subscription agreement with us. We make the Software available to Customer and its authorized users, subject to the following terms and conditions. Any rights not expressly granted herein are reserved by Alta.

Changes to Terms:

Alta may update these Terms from time to time. You may be notified of such changes by email and we may require you to accept the new version of the Terms in order to continue accessing the Software. If you object to any changes in these Terms, you may discontinue your use of the Software.

In consideration of Alta’s provision of the Software and related services to you, you agree with us as follows:

1. ACCESS TO SOFTWARE AND MATERIALS

You will have access to the Software under the terms of our contract with Customer, including the ability to upload content to the Software and modify and update that content. You acknowledge and agree that the Software, Alta’s web portal, text, graphics, logos, images, content and other materials made available through the Software (“Alta Materials”), may be modified and updated from time to time, in Alta’s sole discretion.

2. USER OBLIGATIONS

You warrant to us that you will use the Software and Alta Materials solely for Customer’s internal business purposes, and you will not use them for any purpose that is unlawful or that is prohibited by these Terms. Without limiting this warranty, you specifically agree:

• You will not share your license key, password or access to your Software account with any other person or entity, including without limitation any competitor of Alta, other than other authorized users employed by Customer. You are responsible for any misuse of the Software under your account or password.
• You will not use the Software in any manner which could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software.
• You will not obtain or attempt to obtain any materials or information on or through the Software through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
• You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor the Software or any of its contents.
• You will not upload to the Software any libelous or unlawful content or any materials or instructions that may cause harm or injury, or that violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
• You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Software or other Alta Materials other than for their authorized purposes.
• You will not delete or alter any proprietary rights or attribution notices in any content or Alta Materials obtained through the Software.
• You agree that you do not acquire any ownership rights in any content posted by Alta, its licensors, or other third parties, or in any Alta Materials. We do not grant you any licenses, express or implied, to any Alta Materials except as expressly provided in these Terms, in connection with such content or materials, or as contained in a binding contract between you or your organization and Alta.

3. OWNERSHIP, PRIVACY POLICY, AND DATA USAGE RIGHTS

(a) The Alta Materials are the property of Alta or its suppliers or licensors, and are protected by copyright and/or other laws protecting intellectual property and proprietary rights. You agree to comply with all copyright and other notices, legends or restrictions applicable to any Alta Materials.

(b) Please refer to Alta’s Privacy Policy, which informs users of Alta’s policies and practices related to collection, storage, processing, destruction, and other use of your personal data.

(c) The Software tracks metadata and other statistical and usage data related to your use of the Software and other portions of the Software (“Usage Data”) and provides such data to us. We will own and have the right to distribute and use Usage Data for any legal purpose.

(d) If you provide any suggestions, ideas or feedback to us (“Feedback”), we will have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into or use it to improve our software, products and services.

4. LINKS TO THIRD-PARTY SITES

If you decide to access or use any third-party websites linked to the Software, you do this entirely at your own risk.

5. TRADEMARKS

Alta’s name and its trademarks, service marks and logos, as well as any other Alta product names or logos displayed on our website or Software, are registered or unregistered trademarks of Alta Voice, Inc. The names and marks of any third parties on our website are the property of their respective owners and may also be trademarks. Our trademarks may be used publicly only with our prior written permission.

6. TERM AND TERMINATION

These Terms shall remain in force until terminated by either you or us for any or no cause, by giving notice to the other party. These Terms and your right to access to the Software will automatically terminate, without notice to you, if our contract with the Customer terminates or if your employment or engagement with the Customer terminates. Without limiting the foregoing, if you breach any of these Terms, we have the right, at our sole discretion and without prior notice, to suspend, modify, disable, or terminate your use of the Software. Upon termination, you will no longer have authorized access to the Software.

7. NO ASSIGNMENT

These Terms and your Software account may not be assigned by you.

8. WARRANTIES AND DISCLAIMERS

THE SOFTWARE AND OTHER ALTA MATERIALS ARE PROVIDED TO YOU “AS IS.” ALTA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. OUR TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THESE TERMS, INCLUDING ANY USE OF OR INABILITY TO USE THE SOFTWARE OR OTHER ALTA MATERIALS, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $50.00. IN NO EVENT SHALL ALTA BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHER ALTA MATERIALS, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE. Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.

9. APPLICABLE LAWS

(a) We control the Software from our offices in the United States of America. We make no representation that the Alta Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.

(b) You may not use or export the Alta Materials in violation of U.S. export laws and regulations.

(c) These Terms shall be governed by the laws of the state of Utah, excluding conflicts of laws rules. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to these Terms.

(d) Our provision of the Software and other Alta Materials and services is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements.

10. NOTICES

All notices, consents and other communications permitted or required to be given hereunder shall be delivered by email to Alta at support@altavoice.ai and to you at the email address assigned to your Software account.

11. MISCELLANEOUS

Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to the Software. These Terms supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and us with respect to the Software. If any provision of these Terms is found void or unenforceable, all other provisions will remain in full force and effect. The failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.