Terms of Service
Simple Dictation provides transcription services, telecom services and software products. We encourage you to review our terms of service and policies, knowing we are committed to your satisfaction and appreciate your business.
This is an agreement between you and Simple Dictation, Inc. in which Simple Dictation, Inc. is referred to as "SimpleDictation," "we," "us" or "our". This agreement applies to any SimpleDictation solution or service, including updates that display or link to this agreement and that you use while this agreement is in force. All of our solutions and services are herein referred to in this agreement as the "service." Simple Dictation does not warranty these services.
TERMS OF SERVICE:
1. When You May Use the Service - You may begin using the service as soon as you have completed our sign-up process, which includes a telephone conference, and your assent to the all terms and conditions associated with use of “service”. IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY SIMPLE DICTATION SOFTWARE APPLICATIONS, WEB PORTALS, OR SERVICES, INCLUDING THE SIMPLE DICTATION AND MPWORD WEBSITES (“WEBSITE”). BY DOWNLOADING, INSTALLING, OR USING ANY SIMPLE DICTATION SOFTWARE APPLICATIONS OR SERVICES, YOU AGREE TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT. If you are an individual entering this Agreement on behalf of your company, you represent and warrant that you have the authority and are competent to do so. Services are automatically renewed on a monthly basis and any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full, in advance
2. Using the Service - In using the service, you will: obey the law; obey any codes of conduct or other notices we provide; keep your account password(s) secret; and promptly notify us if you learn of a security breach related to the service. You are solely liable for any transactions or activities by you, or anyone else, that occurs under your account(s). In no event shall we be liable for any unauthorized use of Your Account(s) and agree to be financially responsible.
• 2a: New Versions of the Software and/or Service - We, at our sole discretion, reserve the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Applications and Services. You acknowledge and agree that we are under no obligation to make available to you any subsequent versions. You also agree that you may have to enter into a renewed version of this Agreement if you want to use, access, download, or install a new version of the Service/Software.
• 2b: You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of Simple Dictation and shall be your sole remedy for any Software/Service interruptions or other issues with the Software/Services.
3. How You May Not Use the Service - In using the service, you may not: engage in, facilitate or further unlawful conduct; use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors; use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by SimpleDictation, or "meta-searching"); use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service or resell or redistribute the service, or any part of the service.
4. You Are Responsible For Your Service Account - Only you may use your service account (your "administration account"). For some parts of the service, you may set up additional accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You are responsible for informing the holder of any associated account dependent on your account that the associated account holder is subject to the terms and conditions of this Service Agreement. You may not authorize any third party to access and/or use the service on your behalf except where SimpleDictation provides a mechanism for third parties to access the service on your behalf.
5. If You Are an Associated Account User - If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account. Your use of the service will constitute acknowledgement that you are subject to the terms and conditions of this Service Agreement.
6. Charges and Payments for service: Applies in all situations in which you pay us. If you utilize service by another provider in conjunction with our service, then the charges and billing terms for such services are as stated by provider. Even if you do not pay for the service (example: free trial periods), you may still incur charges incidental to using the service; for example, charges for mobile or internet access, text messaging, or other data transmission charges and services not provided by us but required in order to utilize the service.
• 6a. Billing and Payment - When you enroll to use our service you create a billing account during your initial set-up and first payment. You therefore authorize us to charge you for the service using your selected method of payment via PayPal for any paid feature of the service for which you agreed to during sign-up or make use of. You agree to advise and notify us and update your PayPal profile of any changes to your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on Your Account is declined or fails for any reason, Simple Dictation will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, we reserve the right to disconnect your Service and terminate your Account if your payment is declined or fails for any reason, and Simple Dictation, via PayPal, reserves the right to continue to attempt charging your payment method for any outstanding charges and additional fees and pursue any other legal remedies available to us. Charges for fixed plans are paid monthly, in advance, and are billed as a subscription and therefore recurring. Services and billings are automatically renewed on a monthly basis and any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full, in advance; local and toll-free plans are pre-billed estimates and adjusted in arrears. No refunds, transfers, or proration shall be made of any fees paid.
• 6a1. Billing cycle dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to Your Account.
• 6b. Changes and Updates to your billing account - You must keep all information in your PayPal profile (billing account) and your client profile current including your billing address, phone number(s) and the expiration date of your credit/debit card. If your PayPal account is not in good standing, we may suspend or cancel your service. Any change in payment method will not affect the charges we submit to your billing account before we can reasonably act on such a change.
• 6c. Prices and Price Changes - The price for the service excludes all taxes. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges associated with accessing the service unless otherwise stated. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the Software/Service but will notify you no less than 25 days in advance of such a change. If you do not agree to such changes, then you must discontinue use of our service before the changes take place. By not accepting the new charges for service, you are in essence canceling your subscription.
• 6c1. Usage: Minutes - We offer several different plans. Some of the plans provide for a fixed number of monthly minutes. If you exceed your Monthly Minutes during the course of a Service month, you may purchase additional minutes as needed. You understand that our Simple Voice server tracks recorded minutes NOT call minutes so the volume, minutes used, for any local or toll-free access will be higher than those reflected in your audio files
• 6d. Refunds and Credits - Unless otherwise provided by law all charges are non-refundable.
• 6e. Invoices and Statements – No statements or invoices are issued unless otherwise stated. All charges for service are approved prior to use of service and billed as a subscription service.
• 6f. Canceling the Service - You may cancel the service at any time, with or without cause subject to the restrictions and fees provided in this Agreement, Your Services contract, and any additional agreements governing the Services.
• 6g. Taxes, Charges, and Fees - All fees for Services advertised or otherwise listed on the Website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively “Taxes and Fees”). You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Software/Services by Simple Dictation, whether or not mandated by law or regulation.
• 6h. Number Porting and Number Availability
We will use reasonable efforts to facilitate number transfers or port requests for you, if applicable, provided that you comply with the necessary and specific procedures for porting between service providers. You acknowledge and understand that number porting depends on the cooperation of third parties outside of our control. Accordingly, you agree that we will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party. Simple Dictation works with third party carrier(s) who, on our behalf, port telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. Third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that you will be required to provide such detailed and specific information to complete a port request. Number porting is defined and regulated by the Federal Communications Commission (FCC). Simple Dictation cannot guarantee requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond our control will not prevent or delay a successful port of your existing number for use with our services. You understand and agree that Simple Dictation, and/or it’s third party partners, may from time to time need to change the telephone number assigned to you (due to an area code split or for any other reason) and we shall not be liable for any damages (including consequential, special damages or other damages) to you in the event that we need to assign you a new telephone number. You understand that porting your number away from your Simple Dictation account does not automatically terminate your account.
7. Your Materials and Storage of User Information - You may be able to submit materials for use in connection with the service. The service includes areas to which you can control access by others ("shared and private areas of the service"). You understand that SimpleDictation does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service.
• 7a. Simple Dictation is not obligated to store your activity logs and usage logs and does so only as a convenience to you and have no liability whatsoever for the deletion or failure to store any such call logs and/or other communications maintained or transmitted by the Services. You acknowledge and agree that Simple Dictation establishes limits as to the size and the duration for which we store any such data.
9. Software - Your use of the software as part of the service grants you the right to use the software in conjunction with the service only and agree to the terms and conditions set forth in the End User License Agreement “EULA” incorporated herein by this reference. We reserve all other rights to the software. You grant permission to utilize your internet connection, so we may, if applicable: automatically check your version of the software, download upgrades to the software to your computer to update, enhance and/or further develop the service. Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly, if applicable, uninstall the software. We may disable the software after the date the service ends. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
10. Domain Name Service – Domain Service Agreements apply to the registration, renewal and transfer of your domain name. Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"). These policies include the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/en/help/dndr#udrp.
• 10a. Availability of domain name - SimpleDictation does not provide or control the availability of any domain name you seek to register or renew. You represent and warrant any domain name you register, renew or transfer with use of the service.
11. How We May Change the Agreement - Simple Dictation may change the terms of this Agreement from time to time upon delivery of electronic or written notices to you. We generally provide written notice of changes to your account, including this Agreement and any other legal agreements, via email, electronic notice on the Simple Dictation Website or on your billing statements. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from Simple Dictation fully, regarding any such notices of changes to your Account.
The modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of this Agreement. You agree that you are solely responsible for (a) making sure that your registered email account is current and functional, (b) checking your registered email account on a routine basis, (c) checking the Simple Dictation Website on a routine basis, and (d) making sure that Simple Dictation communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider, or for any other reason. If you do not stop using the service, then your use of the service will continue under the changed agreement.
12. WE MAKE NO WARRANTY - We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "SimpleDictation parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
13. LIABILITY LIMITATION - You can recover from the SimpleDictation parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to: the service, content (including code) on third party Internet sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of the service, incompatibility between the service and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and claims for breach of agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if: this remedy does not fully compensate you for any losses, or fails its essential purpose; or SimpleDictation knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
14. Changes to the Service - We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation,your right to use the service stops immediately. Once the service is canceled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we may refund to you, at our sole discretion and on a pro-rata basis, the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
15. Interpreting the Agreement - All parts of this agreement apply to the maximum extent permitted by law. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This agreement, including the documents referenced and incorporated herein, constitute the entire agreement between you and Simple dictation with respect to the applications, software and services and supersedes any prior agreement or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the agreement do not limit the other terms of this agreement.
16. Assignment - We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
The failure of Simple Dictation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or any other provision.
17. No Third Party Beneficiaries - This agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this agreement.
18. Dispute Resolution - In the event of any dispute, claim, question, or disagreement (“Dispute”) between you and Simple Dictation, you and Simple Dictation shall first use reasonable best efforts to settle the dispute. To this end, you and an authorized member of Simple Dictation shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor Simple Dictation shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
19. Controlling Law - This Agreement is made under, and shall be construed and enforced in accordance with, the substantive laws (without reference to choice of laws rules) of the State of Florida, County of Duval. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or your sign up or use of the Applications or Services.
20. Notices We Send You - Consent Regarding Electronic Information: This agreement is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information and there may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you: by e-mail at the e-mail address you specified when you signed up for your service; by access to a SimpleDictation web site that will be designated in an e-mail notice sent to you at the time the information is available; or by access to a SimpleDictation web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
21. Support - We provide customer and technical support to you via e-mail and telephone and use reasonable efforts to troubleshoot and resolve issues reported by you. We do not make any representations or guarantees that we will be able to fully resolve any such issues. Except as provided in this section, Simple Dictation has no obligation to provide additional customer or technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in your particular use of the Software/Services.
Notices and Procedure for Making Claims of Copyright Infringement
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright and Trademark Notices: All contents of the service are Copyright © 2013 SimpleDictation Corporation and/or its suppliers, All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. SimpleDictation and/or other SimpleDictation products and services referenced herein may also be either trademarks or registered trademarks of SimpleDictation in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Health Information and Privacy: If you intend to use the Software, related services, and content in conjunction with the medical or health information of particular individuals, patient health information (PHI), you acknowledge that you have read, understand, and agree to our HIPAA & Security Policy. You are solely responsible for using the Software, related services, and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information. You are solely responsible for the use of the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information by any client, employee, author, or other user you sign-up to use the service and accept these terms and conditions on their behalf.
Potentially Unwanted Software: If you remove or disable "spyware," "adware" and other potentially unwanted software ("potentially unwanted software"), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.
Respect Copyright: Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.