Terms of Use

Payment Terms

These Payment Terms describe your agreement to pay for current and future goods and services you receive (“Charges”). In order to use certain services, such as one-time payments, and subscriptions, you allow Vox to store, maintain, and recover funds from your specified payment method in accordance with these Payment Terms.

When you add a payment method to your Vox account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information may be sent to Vox and shared with our payment processor. Card information is encrypted during the transmission and Vox will not have access to the actual card number. When the stored payment method or a new credit card is used for purchasing goods and services on a Vox hosted website or application, the necessary information to process payment will be shared with our global processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues. Payments made by using your bank information is stored by Vox in an encrypted format that prevents unauthorized access without specific permissions.

You must maintain at least one valid payment method in your account supported by Vox. Your failure to maintain accurate, complete, and up-to-date account and payment information, including having an invalid or expired payment method on file, may result in your inability to access or use certain services. Charges will be inclusive of applicable taxes where required by law. Vox may amend these terms and any changes are effective when posted to this page.

For Charges that support automatic payments, you understand that your payment method will be charged again when your service automatically renews at the end of the prescribed period unless turned off at least twenty-four (24) hours prior to the end of the current billing period. You can manage or turn off automatic payments in your Vox Account at any time.

The services received may result in charges to you, even if someone else is using your device. Vox may collect payment from you, including by using the payment method (for example, credit card or bank account) saved in your Vox Account. Charges may include taxes as required by law. You will be able to review a summary of transactions in your Vox Account. In the event that any attempt to recover funds from you should fail, you agree and allow Vox to recover all or less than all of the amount owed for goods or services. If we are unable to collect payment, we may contact you based on your information on file, or may request payment when we are performing services for you. If you do not pay past due amounts we may limit or block your device's ability to use the related services until payment issues are resolved. For information on how we handle your payment information, please see Vox's Privacy Policy.

Vox Store Service Agreement

Introduction

This “Agreement” is between you, the Device owner or lessee (“you” or “your”) and Vox Technologies, Inc. (“Vox”, “we”, “us” or “our”). It is effective on the date you subscribe to Vox Store (by electronic acceptance).

This Vox Store Service Agreement is the agreement between you and Vox for the subscription of Vox Store (the “Service”) for your Vox device (the “Device”). When ordering the Service on our website, you agreed to these full Terms & Conditions regarding your use of the Service. Immediately below is a summary of some of the information therein, but is not a substitute for the Terms & Conditions.

By entering into this Agreement, you agree to the following:

  • The features included in Vox Store are subject to change
  • Not all features will be supported on some devices due to hardware configuration
  • You will only use the Service when it is safe and legal to do so, and in compliance with this Agreement (and will ensure the same for additional users)
  • We may suspend, modify or terminate the Service at any time and you will not be entitled to a refund
  • You may cancel the Service at any time and you will not be entitled to a refund
  • You cannot transfer the Service to another person or another Device without our prior consent, use it for commercial purposes or re-sell it
  • You are responsible for maintaining your Device in good working order so that the Service can be provided
  • You may not use the Service for illegal, fraudulent or abusive purposes
  • Information collected to provide the Service will be handled in accordance with our Privacy Policy
  • The Service is provided “as is” without warranties of any kind and can be limited or discontinued entirely because of technological changes or other circumstances
  • We may update or modify the software used to provide the Service at any time, and we may do this remotely without notifying you or seeking your consent
  • If a dispute arises, it will be resolved through arbitration
  • We can modify these Terms & Conditions at any time and such modifications will become effective upon posting on the website or if we notify you, then at the time of notification

Terms & Conditions

Vox Store is available to many Vox devices through a paid subscription. Information about the Service is available at Vox’s website.

Agreement to Terms

In order to use the Service, you must agree to these Terms & Conditions. Before we provide you with the Service, we may require that we have a valid credit card on file for you. You will be bound by these Terms & Conditions if: (i) you order the Service through Vox’s website; (ii) your Device purchase or lease agreement contains a provision that says you agree to these Terms & Conditions; or (iii) you or someone you authorize to use your Device and the Service uses the Service or accepts any of its benefits. Once you accept these Terms & Conditions, you are responsible for your own compliance with these Terms & Conditions and for compliance by occupants of your Device and anyone using the Service or your account, whether or not authorized by you.

Changes to Terms & Conditions

We can change these Terms & Conditions; change, add or delete Services or the features included therein; and change the prices we charge for the Service, at any time. Any change in prices for your Service will not take effect until the current month has expired. We will notify you of such change by posting the amended terms on our website and/or on your Vox Account. It is your responsibility to review these Terms & Conditions periodically.

Payment Provisions

Third Party Charges

You are responsible for paying directly to third parties all charges for services furnished by them directly to you that are not expressly covered by your Service. This Agreement shall have no effect on the terms and conditions of any agreement that you have entered into with a third party.

Taxes and Surcharges

Service Rates do not include certain taxes and surcharges that may apply to your Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local 911 or other emergency service fees. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us, which will be added to your bill.

Your Agreement to Pay

You are responsible for paying all amounts due on time and in full and to keep an active credit card on file with us. We will debit your monthly payment from this credit card on the monthly anniversary of the effective date of this Agreement. All charges (including all Service Rates, taxes and surcharges) will be charged in advance of the term to which they apply and are non-refundable. We may terminate or suspend your Service without notice to you, if your credit, charge or debit card provider refuses a charge from us or if such card has otherwise expired. Even if we terminate or suspend your Service, you will still be responsible for any charges due at the time of such suspension or termination.

You expressly consent and authorize us to: (1) verify, either ourselves or through third parties, your credit, charge or debit card information; (2) receive updated account information from the financial institution issuing your credit, charge or debit card; (3) review your credit history and obtain credit reports to determine your creditworthiness; (4) charge all amounts for which you are responsible to the credit, charge or debit card account number you have provided. We will only use this information in connection with determining whether to provide you with or charging you for the Service.

Termination, Suspension, Reactivation, Change and Transfer of Service

Suspension or Termination

We can decide to either suspend or terminate the Service without warning, or issue a warning, at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms & Conditions or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service.

If we elect to terminate your Service, you will not be entitled to any refunds or credits regardless of the reason for such termination.

Cancellation by You

You may cancel the Service at any time through your Vox Account or by contacting our Customer Support team and notifying us that you want to cancel the Service. In no event will you be entitled to a refund.

Reactivation of Service

You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again. If we do decide to reactivate your Service, we have the right to charge a reactivation fee.

Transfer of Service, Sale of Device, Termination of Lease

The Service is not transferrable to any future owner of the Device.

You must notify us if you sell or transfer your Device or end its lease. If you fail to notify us, you will remain responsible for all charges for any Service incurred in connection with such Device. It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your system before you sell or transfer your Device.

Your Responsibilities

Your Responsibility for the Proper Operation of Your Device and Proper Use of the Service

You expressly acknowledge and agree that the use of or any reliance upon any information or content available through the service is solely and completely at your own risk and responsibility. It is your sole responsibility to ensure that you (and/or any other occupant of your device) follow instructions for use of the service and exercise good judgment and all other applicable laws and regulations, when operating your device; using the equipment and service; and/or evaluating whether the use of any of the services is safe and legal under the circumstances.

No Commercial Use or Resale of the Service

The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make derivative works from or otherwise display or distribute information provided through the Service.

Events Beyond Our Control

Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Device or the equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service, without notice to you and without any liability. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.

In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services, you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Device’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).

Disclaimer of Warranties

Vox does not warrant or guarantee that service will be available at any specific time or at all times or to any geographic location, or that the service will be provided without interruption, delay or error. Neither we nor any of our service partners make any warranties, express or implied about (1) the equipment or any other hardware or software used with the service, (2) the service, (3) noninfringement, or (4) any data or information or other services provided through the service. This includes, without limitation, warranties of security, title, content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose or use. All such warranties are expressly excluded by these terms of service. We expressly disclaim any and all express and implied warranties.

Limitation of Liability

By entering into these terms of service or by using the service, you are waiving important rights, and you are providing your express consent to various actions to be taken by us, Vox entities and our service partners.

Neither we, nor any Vox Entity nor our service partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Vox entity, nor any of our service partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control.

In addition, neither we, any Vox entity nor our Service Partners are liable (1) for our inability to contact any service partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Service, or any product or service provided by or manufactured by third parties.

If we, any Vox entity and/or any of our service partners are found to be liable to you for any reason, you agree that the maximum, aggregate liability of us, any Vox entity and our service partners to you, and your exclusive remedy under any theory or for any cause whatsoever (including but not limited to any failure or disruption of service provided under these terms of service, fraud, misrepresentation, breach of contract, personal injury, or products liability), shall be limited to an amount equal to the portion of the service rates charged to you for the services that are the subject of the claim for the period of service during which any resulting damages occurred. You acknowledge and agree that neither we, nor any Vox entity, nor any service partner would have agreed to provide the service or equipment to you without your agreement to this limitation. You further acknowledge and agree that the damages cap set forth in this paragraph shall be the sole and exclusive liability of us, any Vox entity and our service partners to you.

In no event shall we, any Vox entity or our service partners be liable to you or any other party for, and you cannot recover any, (a) punitive, exemplary, treble, consequential, indirect, or special damages of any kind, including, without limitation, lost profits or revenue (regardless of whether we, any Vox entity or our service partners have been notified that such loss may occur); or (b) attorney's fees. You agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited above. Some states do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you.

You understand and agree that the Vox entities, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any Vox entity or any of our other service partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.

Indemnification; Release

You agree to indemnify and hold harmless us, each Vox entity and each of our service partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Device) violation of these Terms of Service or your (or any occupant of your Device) alteration, use counter to instructions, misuse or failure to use the Service or its relevant equipment.

You agree that the limitations of liability and indemnities in these Terms & Conditions will survive even after your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Device, the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our service partners provide.

Without limitation of the generality of the foregoing, you further agree to release us, each Vox entity and each service partner from all claims, liabilities and losses in connection with the service and/or equipment, including, but not limited to claims for data compromise, personal injury or property damage arising from the total or partial failure of performance of the service, even if caused by the negligence of us, any Vox entity or any other service partner, or the malfunction of the related equipment. You agree that this release extends to any party claiming under you.

Software

We use software in connection with the Service. We own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Terms & Conditions. We may update or modify the software contained in your Device from time to time, and we may do this remotely without notifying you or seeking your consent. These software updates and modifications may affect or erase data that you have previously stored on the equipment in your Device. We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the equipment or Service.

You understand that software available is dependent on device configuration and geographical region, which may affect your access to the Service and/or any of its features.

Additional Terms

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of Japan without regard to its conflicts of laws provisions. You agree to the Tokyo District Court shall have exclusive jurisdiction as the court of the first instance and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Vox and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Entire Agreement

These Terms & Conditions is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Service provided to you pursuant to these Terms & Conditions, unless such statements, agreements, representations warranties or covenants are expressly contained in or incorporate by these Terms & Conditions.

Survivorship

Even after your Service has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms & Conditions shall survive.

Waiver; Severability

No waiver of any part of these Terms & Conditions, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms & Conditions is declared invalid or unenforceable, all other parts of these Terms & Conditions are still valid and enforceable.

Assignment

We can assign these Terms & Conditions, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

Vox Intellectual Property

Copyrights

Copyright Vox Technologies, Inc. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on Vox Technologies, Inc. internet sites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Some Vox Technologies, Inc. internet sites also contain material that is subject to the copyright rights of their providers.

Prices

All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.

Trademarks

Unless otherwise indicated, all marks displayed on Vox Technologies, Inc. internet sites are subject to the trademark rights of Vox Technologies, Inc., including, but not limited to product logos and corporate logos.

No Warranties Or Representations

The information on these internet sites is provided by Vox Technologies, inc. "as is" and to the extent permitted by law, is provided without warranty of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, or non infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

These internet sites may contain links to external sites which are not under the control of Vox Technologies, inc. Therefore we are not responsible for the content of any linked site. Vox Technologies, inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vox Technologies, Inc. of the linked site.

Last Updated June 2021