Vlingo Terms of Service

Last update: 4/16/08

Thank you for choosing vlingo (the "Service"), a service of vlingo corporation ("vlingo" or "we"). These Terms of Service define the full agreement between you and vlingo, under which vlingo authorizes you to use the Service and download, install and use the application provided by vlingo for accessing the Service (the "vlingo Client Application"). Your use of the Service shall be conclusively deemed acceptance of the terms contained in this document. If you do not agree to them, do not use the Service or download, install, or use the vlingo Client Application.

All rights that are not explicitly granted in these Terms of Service are reserved by vlingo corporation.

Service Description

The Service provides a speech-powered interface to activate and send information to many of your BlackBerry's popular applications to carry out their respective functions. This includes, by way of example:

Usage License

Vlingo hereby grants you a non-exclusive, non-transferrable license to download, install, and use the vlingo Client Application to access the Service on one BlackBerry device according to these Terms of Service. You agree not to reproduce, redistribute, or use the vlingo Client Application by any means or for any purpose other than in accordance with these Terms of Service.

You agree that vlingo retains all right, title, and interest in the Service and the vlingo Client Application, including all intellectual property rights related thereto.

You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by the vlingo Client Application.

Personal, Non-Commercial Use

You may use the Service and the vlingo Client Application only for your own personal, non-commercial use. Unless expressly authorized by vlingo in writing, you may not:

Automated or Recorded Queries

You may not submit any form of automated or recorded queries unless expressly authorized by vlingo in writing. You may not perform any other form of high volume usage beyond reasonable personal use.

Lawful Purpose

You may use the Service or the vlingo Client Application only for lawful purposes.

You are responsible for compliance with all federal, state, and local law applicable to your use of the service, whether you use it from the United States or any other country.

International Use

Whether you use the Service from within the United States or any other country, you agree to comply with all local laws, rules, and practices regarding conduct and content.

You also agree to comply with all applicable export laws regarding the transmission of technical data exported from the United States or any other country in which you access or use the service.

Not for Use While Driving

The Service or the vlingo Client Application are not intended to be used while driving or performing any other potentially dangerous activity which requires your attention. Using this Service while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of these Terms of Service. It may also be illegal.

Not for Emergency Use

You acknowledge and agree that the Service is neither intended nor suitable for urgent emergency use, and that you will not use it for emergency purposes.

Voluntary Submissions to Vlingo

You acknowledge that any submission that you make to us from vlingo's "Send Feedback" (or similar) feature becomes the property of vlingo including all intellectual property rights therein. By using this feature, you agree to assign upon transmission to vlingo all rights, title and interest (including all intellectual property rights therein) in such submission, and vlingo may use such submission in any way and for any purpose. However, we will not use your name or any other personal information without obtaining your express permission in advance.

You agree not to submit any information or materials which would subject vlingo to any licenses or obligations if we were to use them.

By sending us a submission, you are representing that you are the sole and rightful owner of the submission, and that to the best of your knowledge, no other third parties have any claim to your submission.

This section shall survive the termination of these Terms of Service as defined below.

Third Party Applications and Content

The Service invokes a number of applications which were not developed by vlingo and in which vlingo has neither any interest nor control. This includes the BlackBerry's browser, email and SMS programs, phone, calendar, and other applications developed by both RIM and others. The Service sends information that you speak to these applications but does not perform these functions itself. For example, you can use the Service to compose an email but not to actually send it. Instead, the Service delivers the composed email to the BlackBerry's email application, which then sends the email.

Vlingo cannot take responsibility for any functionality, content, suitability, privacy, support or other attribute of those applications or the content they may request from or deliver to you. Your use of those applications, including when you access them via the Service, is governed by any license agreements you may have entered into with their respective vendors.

We cannot guarantee that web searches or other queries you submit via the Service to other applications will not result in displaying content or links to content that you may find objectionable, offensive, or otherwise inappropriate. Such content is not within our control.

Speech Recognition Results

The Service is designed to return the text that it thinks you spoke. Both humans and automated speech recognition systems such as the Service will misunderstand or misrecognize what people say from time to time. It is your responsibility to verify that the results obtained from the Service are accurate. Occasionally, it may be possible for the Service to misrecognize words you speak and return content that you may find objectionable. The Service and the Client Software filter potentially objectionable content by default, and give the user control over the degree of filtering. Vlingo shall assume no liability whatsoever with respect to the failure of the Service to correctly recognize any spoken utterances provided to the Service.

Privacy Policy

Vlingo's privacy policy is available at www.vlingo.com/privacy.html, and is incorporated herein by reference.

Fees, Costs, and Other Expenses

The Service makes use of a data network operated by RIM and/or your wireless service provider to send both data and recorded audio from your BlackBerry to our servers, and to serve information back to you. Depending on your data plan, you may incur charges from RIM or your wireless service provider for use of their networks and/or for specific services such as making phone calls, sending or receiving text messages and/or emails, or other services.

You are solely responsible for any and all costs you incur as a result of your usage of the service.

No Warranties

THE SERVICE AND THE VLINGO CLIENT APPLICATION ARE PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR SUPPORT. VLINGO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE AND THE VLINGO CLIENT APPLICATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, VLINGO SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO SECURITY, PERFORMANCE, SPEECH RECOGNITION ACCURACY, OR RELIABILITY OF THE SERVICE AND THE VLINGO CLIENT APPLICATION.

Vlingo will use commercially reasonable efforts to respond to technical support requests. We make no claims as to response time, or whether a response will be offered.

Vlingo makes no representation as to the suitability of the Service for any purpose, and shall not be held liable in any way for any consequences or damages that may arise through its purchase, download or use.

You agree that you use the Service at your own discretion and risk, and that you are solely responsible for any and all harm and damages incurred through using the Service and through downloading, installing, and using the vlingo Client Application.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state.

Notices

Vlingo may provide you with notices from time to time, including those regarding changes to these Terms of Service, by, but not limited to, email, regular mail, SMS text message, or other reasonable means.

Changes to These Terms of Service

Vlingo reserves the right to modify these Terms of Service at any time, without notice, for any reason. Please review the current version of these Terms of Service from time to time to keep up to date on any changes.

Limitation of Liability

You agree not to hold vlingo, or its directors, officers, employees, agents, partners, and licensors liable for your use, misuse, or reliance on the Service or the vlingo Client Application. This limitation of liability shall apply to prevent recovery of any actual, direct, consequential, incidental, punitive or other indirect damages, regardless of size or origin, or whether the damages arise from use, misuse, or reliance on the Service or the vlingo Client Application, or from any unavailability of the Service for any cause or reason.

This section shall survive the termination of these Terms of Service.

Some states and jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you.

Term and Termination

These Terms of Service become effective immediately when you are granted access to the Service or the vlingo Client Application, and shall remain in effect until your use of the Service and the vlingo Client Application is terminated.

You may terminate your subscription to the Service at any time without further liability to vlingo.

Vlingo reserves the unconditional right to terminate these Terms of Service at any time and for any purpose, with or without cause, upon written notice to you. Upon termination, your right to use the Service shall cease. If we terminate your rights to use the Service prior to the expiration of your paid subscription, we will refund the remaining portion of your subscription fee to you.

You agree not to challenge such termination in any court of law.

The Terms and Conditions regarding limits on liability and voluntary submissions shall survive the termination of these Terms and Conditions, and shall remain in effect indefinitely.

Miscellaneous

These Terms and Conditions and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts and the United States. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the Commonwealth of Massachusetts.