Realty Voice

Beta User Terms and Conditions

Offer

Beta users will be given 3 months of the Realty voice Premium service for free. Upon successful completion of the beta trial, users will be offered 3 months at a 50% discount (or 30% off an annual plan).

Approved beta users will be provided a free Amazon Alexa device (while supplies last). If the beta program is not sucessfully completed, the device must be returned in the same condition. Realty Voice reserves the right to charge your credit card for the cost of the device if all the requirements listed below are not met.

Requirements

The Alexa device must be placed in a home for the duration of the trial period. Each feature of the product must be used and feedback must be provided.

Users must provide feedback when requested by Realty Voice. The user agrees to provide suggestions, enhancement requests, and recommendations about the product. Feedback will include informing Realty Voice about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the product. Realty Voice may contact the user and the user agrees to make available a reasonable amount of time to discuss the product. Realty Voice may without restriction or fee use, modify, and incorporate this feedback into the product without any restriction and without any payment.

Feedback may be provided at any time using the options included on the Realty Voice website. Realty Voice may periodically send an email requesting feedback.

The user must provide a credit card when signing up for the service if they wish to receive a free Alexa device. We will not charge your card unless the user does not complete the beta trial and elects to keep the Alexa device.

The Fine Print

Intellectual Property

The parties acknowledge that this Agreement does not transfer any right, title or interest in any intellectual property right to the other. Realty Voice maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). The limited rights granted to Customer to access and use the Beta Product(s) under this Agreement do not convey any additional rights in the Beta Product(s), or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use the Beta Product(s) as expressly provided herein, all rights, title and interest in and to the Beta Product(s) and all hardware, software and other components of or used to provide the Beta Product(s), including all related Intellectual Property Rights, will remain with and belong exclusively to Realty Voice.

Users

Customer will not, and will not permit its Users to, share Beta Product access rights with any other individual. Customer will ensure that its Users comply with the Realty Voice General Terms of Use (the current version of which is located at https://www.realtyvoice.app/terms.html or at any successor site, which are hereby incorporated into this Agreement.

Confidential Information

Customer acknowledges and agrees that participation in the Beta testing under this Agreement will result in Realty Voice disclosing certain confidential, proprietary and/or trade secret information related to the Beta Products and/or Realty Voice (the "Confidential Information"). Such Confidential Information includes, without limitation, the features, functionality and existence of the Beta Product(s), and any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports made available to Customer. Customer agrees that it will not, without the express prior written consent of Realty Voice, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is or becomes generally available to the public through any means other than as a result of any act or omission by Customer; (b) is rightfully received by Customer from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use; or (c) is independently developed by Customer without any reliance on any Confidential Information. At the termination of this Agreement or at any time by request of Realty Voice, Customer will return all Confidential Information in its possession to Realty Voice and further agrees that it will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Beta Product(s) or any Confidential Information.

Disclaimer of Warranties

THE BETA PRODUCT(S) ARE PROVIDED "AS IS". REALTY VOICE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA PRODUCT(S), INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, REALTY VOICE DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE BETA PRODUCT(S). FOR THE AVOIDANCE OF DOUBT, ALL BETA PRODUCT(S) ARE PRELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. BETA PRODUCT(S) MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF THE BETA PRODUCT(S) IS ENTIRELY AT CUSTOMER'S OWN RISK. IN NO EVENT SHALL REALTY VOICE BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA PRODUCT(S), EVEN IF REALTY VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA PRODUCT.

Indemnity

Customer agrees to indemnify and hold Realty Voice, its officers, directors and employees harmless from any losses (including attorneys' fees) that result from any third party claims related to Customer's (or its Users) access, use or misuse of the Beta Product(s), or any act or omission by Customer or its Users in violation of this Agreement.

Miscellaneous

This Agreement does not create a partnership, agency relationship, or joint venture between the parties. Any assignment of this Agreement by Customer in whole or in part without Realty Voice's prior written consent will be null and void, except an assignment to a successor that is not a competitor of Realty Voice's made in connection with a merger or sale of all or substantially all of Customer's assets or stock or to an Affiliate. If this Agreement is translated into a language other than English, the translation is for convenience only, and the English language version will govern. If any provision of this Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties' intention and the remaining provisions will not be affected. Failure of Realty Voice to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. This Agreement includes any schedules and exhibits attached hereto. Such documents encompass the entire agreement between Customer and Realty Voice with respect to the subject matter hereof and supersede all prior representations, agreements and understandings, written or oral. This Agreement may only be altered, amended or modified by duly executed written instrument. All notices to be provided by Realty Voice to Customer under this Agreement may be delivered in writing (a) by nationally recognized overnight delivery service ("Courier") or US mail to the contact mailing address provided by Customer on any form; or (b) electronic mail to the electronic mail address provided for Customer's Existing Account owner. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above. You may not assign this Agreement without the prior written consent of Realty Voice. Subject to the foregoing, the Agreement shall be binding upon the parties and their respective administrators, successors and assigns.

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