Last Updated: May 24, 2018
- Usage License
- Marvee provides speech-powered capability, a “Skill” for Alexa-enabled devices which allows users to carry out certain functions, including communications with their family and friends, through voice initiation. The Company may offer some speech-powered functions (the “Services”) without charge and may, in its sole discretion, charge for other Services.
- The Company hereby grants you, and any person you represent (“you”), a non-exclusive, non-transferable license to download, install, or use Marvee on one user account (the “Account”) pursuant to your compliance with this Agreement. The Company may terminate your license and your access to Marvee at any time and for any reason. You may terminate your license at any time and for any reason by providing written notification to Marvee LLC.
- In addition to this Agreement, you also agree that you will:
- not reproduce, distribute, modify, alter, reverse engineer, or decode Marvee or any component of Marvee in any manner whatsoever;
- misuse, alter, distribute, sell, copy, or modify (whether in part or in whole) any copyright, trademark, patent, or other intellectual property owned by the Company;
- not market, copy, distribute, resell, or otherwise offer Marvee to any other individual or entity;
- not access Marvee other than as permitted by this Agreement and the Amazon Terms;
- not use Marvee in any way that may adversely affect the Company’s services or the ability of other users to use those services in any way;
- not use Marvee for any commercial or competitive purposes; and
- not use Marvee for any purposes which are illegal, unlawful, illicit, or prohibited in any jurisdiction in which Marvee is available.
- You may use Marvee to send emails, text messages, and other communications to third parties. By sending any such communication, you represent and warrant that the recipient of the communication has agreed to be contacted by you.
- The Company may, in its sole discretion, offer some Services for a monthly or annual subscription fee (the “Subscription”).
- By purchasing Services through a Subscription, you or the end-user with access to your Account will be given access to the Services you select. You agree to pay in full all fees (whether initial or recurring) indicated on the checkout page before purchasing a Subscription.
- You may cancel your Subscription at any time by accessing the cancellation option provided by Marvee, upon which time you shall owe no additional fees in connection with the Subscription and your access to the Services affiliated with the Subscription will immediately cease. If you do not cancel your Subscription, it will be automatically renewed for successive monthly terms, at the then-current rate for such Subscription. No refunds will be due or paid for paid Subscription fees.
- The Company may cancel your Subscription at any time and without notice. Upon such cancellation, (i) your obligations under the Subscription will cease and no further payment will be due, and (ii) no refunds shall be due for previous payments.
- Subscriptions may be billed or invoiced through the use of 3rd party payment processing services not affiliated with the Company (the “Processors”). The Company and the Processors may receive updated credit card information from your credit card issuer or bank.
- All prices posted within the Service are in United States denominations unless expressly designated otherwise.
- The Company uses commercially reasonable efforts to make the Services available with the maximum amount of uptime possible. However, the Company shall not be held responsible for interruptions, delays, or stoppages in availability of any portion of the Service.
- The Company is not responsible for typographical errors or inaccuracies as they relate to the Service. Pricing is subject to change at any time and without notice. Upon a change in pricing, subsequent Subscriptions shall be billed at the then-current rate.
- Voice Recognition
- Marvee and its Services are designed to perform certain tasks based upon Alexa and Marvee’s interpretation of your speech patterns. Marvee, like humans and other automated speech recognition systems, may misunderstand or misinterpret your speech. It is your responsibility to verify that the results obtained from Marvee are accurate. Occasionally, it may be possible for Marvee to misrecognize words you speak and return content that you may find objectionable, offensive, or incomplete. The Company shall in no circumstance whatsoever be liable for the failure of Marvee to correctly recognize any spoken commands.
- While the Company intends Marvee to be helpful, Marvee and its Services are not intended for use in emergencies. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR THE APPLICABLE EMERGENCY LINE. MARVEE SHOULD NOT BE USED FOR EMERGENCIES.
- Fees and Costs Incurred
- If you request Marvee to perform certain services, Marvee may make use of data or cellular networks operated by third parties, such as your cell phone provider. Depending on your data plan, you may incur charges for use of the data or cellular network. You agree that you are solely responsible for any such fees or costs incurred.
- You are solely responsible for any and all costs you incur as a result of your usage of the service.
- NO WARRANTIES; LIMITATION OF LIABILITY
- MARVEE AND ITS SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR SECURITY.
- YOU ACKNOWLEDGE AND AGREE THAT MARVEE MAY NOT ALWAYS PROVIDE ACCURATE INFORMATION IN RESPONSE TO VOICE COMMANDS OR INQUIRIES. YOU AGREE TO RELY UPON MARVEE AT YOUR OWN RISK.
- IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OR OFFICERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES ARISING FROM YOUR USE OF MARVEE OR FROM THIS AGREEMENT. THE COMPANY’S TOTAL LIABILITY TO YOU OR YOUR ESTATE FOR ALL DAMAGES ARISING FROM YOUR USE OF MARVEE OR FROM THIS AGREEMENT SHALL NOT EXCEED THE SUM OF THE TOTAL FEES PAID BY YOU TO THE COMPANY.
- YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY CLAIM ARISING OUT OF YOUR USE OF MARVEE.
- General Terms
- This Agreement shall be construed and interpreted under the laws of the state of Florida and the United States. Any dispute brought under this Agreement, or related in any way to your use of Marvee, shall be brought exclusively in the state or federal courts of Florida.
- From time to time, the Company may send you notices about the Company, Marvee, and other related Services, by email or SMS text message. You consent to receive these messages.
- You may contact the Company via email at email@example.com
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