These Terms and Conditions (the “Agreement“) is a binding agreement between you (“User” or “you“) and ROGERVOICE INC. (the “Company” or “us”).

1. 1. By using the service, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not use the service. Additionally, (d) if you are 13 years of age or older but under the age of 18, you need to review this agreement with your parent or legal guardian, and they must provide verifiable parental consent for you to use the service.
      
      

      The Company provides a telecommunications relay service (TRS), and more specifically Internet Protocol Captioned Telephone Service (IP-CTS), to place and receive captioned calls through the internet via an automated speech recognition system that provides captions by using a web application (the “Web Application”) or a mobile application (the “App“) (together the “Service”).
      
      

      FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. You confirm that you have a hearing loss, and you understand that there is a cost for each minute of captions generated, paid from a federally administered fund.
      
      

      Relevant TRS rules and regulations as outlined by the Federal Communications Commission (FCC) are detailed in 47 C.F.R. § 64.601 – § 64.613 and available at www.fcc.gov.
      
      

      If you use IP-CTS without meeting the criteria as a hearing-impaired individual, you consent to cover any expenses, charges, and/or penalties incurred due to your unauthorized usage, including applicable monthly subscription charges. IP-CTS cannot be employed as a replacement for Communication Access Realtime Translation (CART) or in-person transcription.
      
      

      In situations where both caller and callee use the App to communicate to each other, at least one of the persons must meet the above criteria.
      
      

      The Company may also provide additional services not covered by TRS rules and regulations, that may or may not require a paid subscription (“non IP-CTS services”).
      
      

      Details regarding the Company’s Services and fundamental features and operations can be found on the Company’s website at https://rogervoice.com/ (the “Website”)
      
      

   2. License Grant.
      Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
      
      
      1. 1. download, install, and/or use the App or the Web Application on a mobile device or computer for your personal, non-commercial use, owned or otherwise controlled by you (“Device“) use in order to assist you to communicate via the telephone or computer because of your hearing impairment.
            
            
   3. Restrictions.
      Except as may be expressly permitted by applicable law or expressly authorized, you shall not:
      
      
      1. 1. copy any part of the Service, including the Web Application and the App, except as expressly permitted by this license;
            
            
         2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service, including the Web Application and the App;
            
            
         3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App, Web Application or any part thereof;
            
            
         4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or Web Application, including any copy thereof;
            
            
         5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or Web Application, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time;
            
            
         6. use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material Composing the Service;
            
            
         7. use any manual process to monitor or copy any of the material composing the Service, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent;
            
            
         8. frame, mirror, or otherwise incorporate the Service or any portion as part of any other application, website, or service;
            
            
         9. use the Web Application or the App in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service; or
            
            
         10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the elements composing the Service, the Web Application or the App.
             
             
   4. Reservation of Rights.
      You acknowledge and agree that the Service contains proprietary content and that all the elements composing the Service including, but not limited to, the Web Application, App, Website, structure, ergonomics, software, interfaces, databases, texts, sounds, still or moving images, are exclusively owned by the Company, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service.
      
      You do not acquire any ownership interest in the elements composing the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the elements composing the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
      
      
   5. Collection and Use of Your Information.
      You acknowledge that when you download, install, or use the App or Web Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the App or Web Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App, Web Application or certain Service features or functionalities. All information we collect through or in connection with the Service is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the App or Web Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
      
      You consent that the Company may collect and transmit the following information to the TRS User Registration Database to ensure proper administration of the TRS program, as required by the FCC:
      
      
      • Full name, full residential address, ten-digit telephone number assigned in the TRS Numbering Directory, last four digits of the Social Security number or Tribal identification number, and date of birth;
        
        
      • The user’s registered location information for emergency calling purposes;
        
        
      • Company name as your IP CTS provider and dates of service initiation and termination;
        
        
      • A digital copy of the user’s written self-certification of eligibility for IP CTS and the date obtained by Company;
        
        
      • The date on which the user’s identification was verified; and
        
        
      • For existing users only, the date on which the user last placed a point-to-point or relay call.
        
        
   6. Updates.
      The Company may from time to time at its sole discretion develop and provide App and Web Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionalities. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
      
      
      1. the App and the Web Application will automatically download and install all available Updates; or
         
         
      2. you may receive notice of or be prompted to download and install available Updates.
         
         

      You shall promptly download and install all Updates and acknowledge and agree that the App and Web Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App or Web Application and be subject to all terms and conditions of this Agreement.
      
      

   7. Third-Party Materials.
      The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
      
      
   8. Compliance with the Code of Conduct
      You undertake to comply with the following rules when using the Service (the “Code of Conduct”):
      
      You agree not to utilize the Services in any way that involves harassing, abusing, unlawfully recording, defaming, or otherwise encroaching upon the rights of others. The Company bears no responsibility for such actions on your part, including any harassment, threats, defamation, commercial activities, offensive behavior, or illegal activities resulting from your use of the Services. Violation of this restriction may lead to legal prosecution and liability for damages.
      
      Additionally, you are prohibited from renting, leasing, lending, selling, redistributing, or sublicensing your usage rights to the Service.
      
      You further agree not use the Service for any purpose infringing the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights, or any law or regulation.
      
      In addition to the sanction provided for in Article 9 of this Agreement, any breach of this Code of Conduct may lead to civil and/or criminal proceedings.
      
      The Company may terminate the communication at any time in the event of non-compliance with the Code of Conduct.
      
      
   9. 
      Emergency Calls
      If you use the Service to make a 911 call, the Company shall not be liable for any claim, damage, or loss arising from your use of the Service to facilitate that call, including any liability in tort, contract, or otherwise for any property damage, personal injury, or death arising out of or related to the use of the Service to make a 911 call relating to such an emergency call.
      
      You agree to the following limitations of the Service for 911 calls and may consider alternative means for accessing emergency services:
      
      
      
      • 911 calling may be affected by power outages, internet service disruptions, or other network issues, rendering it unreliable for emergencies.
        
        
      • Disconnection of internet service or account suspension due to billing issues will also prevent 911 calls.
        
        
      • Incorrect telephone numbers or failure to update your address information may lead to misrouted emergency calls.
        
        
      • Accurate address information is necessary for proper routing, and failure to provide it may result in calls being directed to the wrong emergency service provider.
        
        
      • Dialing 911 directly is recommended for emergencies rather than using the relay service. Failure to register or update your service address can also hinder reaching the correct emergency service center.
        
        
      • Using the service from a different location than registered may result in misrouting to a centralized emergency call center, where assistance may be limited in certain scenarios.
        
        
   10. Term and Termination.
       
       
       1. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this section.
          
          
       2. You may terminate this Agreement by deleting the App or Web Application and all copies thereof from your Device.
          
          
       3. You may at any time request the deletion of your account by using the functionality provided for this purpose in the App, the Web Application or on the Website.
          
          
       4. Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
          
          
       5. Upon termination:
          
          1. all rights granted to you under this Agreement will also terminate; and
          2. you must cease all use of the App and Web Application and delete all copies from your Device and account.
             
             
       6. Termination will not limit any of Company’s rights or remedies at law or in equity.
          
          
   11. Disclaimer of Warranties.
       The service is provided to end user “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
       
       Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
       
       
   12. Limitation of Liability.
       To the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the service or the content and services for:
       
       
       1. Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
          
          
       2. Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the service.
          
          The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or the Company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
          
          
   13. Export Regulation.
       The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
       
       
   14. Severability.
        If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
       
       
   15. Dispute Resolution and Agreement to Arbitrate
       
       
       1. Please read this clause carefully as it requires you to arbitrate certain disputes and claims on an individual basis and limits the manner in which you can seek relief from us. This clause will be construed under and be subject to the federal arbitration act, notwithstanding any other choice of law set out in these terms.
          
          
       2. By agreeing to this agreement, you agree that all claims arising out of or relating to this agreement, pursued against us will be on an individual basis. Accordingly, you hereby waive your right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against the other. You agree that any claim by or against us shall be heard in arbitration without joinder of parties or consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to in writing by you and us.
          
          
       3. By agreeing to this Agreement, both you and us agree to resolve any dispute, controversy, or claim arising out of or relating to this agreement, including its formation, interpretation, breach, or termination, through final and binding arbitration.
          
          
       4. You may decline this agreement to arbitrate by contacting us within 30 days of first accepting this Agreement. Your email must include your first and last name and a statement that you decline this arbitration clause. By opting out of this clause, you will not be precluded from using the Service, but neither you nor us will be able to invoke the mutual agreement to arbitrate to resolve Disputes. Whether to agree to arbitration is an important decision. It is your decision to make and you rely solely on the information provided in this Agreement. You should take reasonable steps to conduct further research and, if you wish, to consult with counsel of your choice.
          
          
       5. The American Arbitration Association (AAA) will administer the arbitration. The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with the AAA Rules.
          
          
       6. The AAA rules will govern payment of all arbitration fees and except as otherwise may be required by the AAA Rules, the arbitration will be held in New York, New York, or, at your election, conducted via telephone or other remote electronic means.
          
          
       7. Any arbitration shall be conducted on an individual basis, and the Parties expressly waive their right to participate in any class action, class arbitration, or representative action. The arbitrator shall have no authority to consolidate multiple claims or to award relief to any individual in a class or collective capacity.
          
          
   16. Governing Law.
       This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
       
       
   17. Limitation of Time to File Claims.
       Any cause of action or claim you may have arising out of or relating to this agreement or the service must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
       
       
   18. Consumer Complaints.
       In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
       
       
   19. Entire Agreement.
       This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.