Terms of Service

These Terms of Service are effective as of January,1 2011

Last Updated: September 1, 2011

Thank you for choosing Cogent Mobile vCRM (the "Service"), a service of Cogent Mobile, COGENT MOBILEInc. ("Cogent Mobile" or "we"). These Terms of Service define the full agreement between you and Cogent Mobile, under which Cogent Mobile authorizes you to use the Service and download, install and use the application provided by Cogent Mobile for accessing the Service (the "Cogent Mobile vCRM 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 Cogent Mobile vCRM Client Application.

All rights that are not explicitly granted in these Terms of Service are reserved by Cogent Mobile, Inc.

^ top

Service Description

The Service provides a speech-powered interface to activate, retrieve, and send information to many of the popular mobile CRM applications to carry out their respective functions. This includes, by way of example and is not limited to these examples:

• voice dialing a contact
• Sending an email
• Sending an SMS text message
• Voice-mail-to-text
• Create or Update or Delete a Calendar Event
• Create or Update or Delete a Task
• Create or Update or Delete a Meeting Note
• Create or Update or Delete an Opportunity
• Create or Update or Delete a Leads
• Create or Update or Delete an Account
• Find Meeting Address and Provide Directions
• Pull a discrete Data Element (e.g., inventory level, order status, product specifications)
• Creating, updating or deleting Account details
• Opening your web browser and performing a web search
• Opening other applications and performing searches or other actions

Note that not all of the above speech-powered functions are available on all supported device models through Cogent Mobile, and that some of the above functions are available for no charge, while others require payment to Cogent Mobile.

^ top

Usage License

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

You agree that Cogent Mobile retains all right, title, and interest in the Service and the Cogent Mobile vCRM 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 Cogent Mobile vCRM Client Application.

Personal, Non-Commercial Use

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

• market, copy, distribute, resell, or otherwise offer the Cogent Mobile vCRM Client Application to any other individual or entity;
• attempt to modify, reverse engineer or disassemble the Service or the Cogent Mobile vCRM Client Application, or make any other attempt to obtain source code from the Service or the Cogent Mobile vCRM Client Application;
• access the Service with software or means other than the Cogent Mobile vCRM Client Application, properly licensed in conformance with these Terms of Service;
• use the Service or the Cogent Mobile vCRM Client Application in any way that may adversely affect Cogent Mobile's services or the ability of other users to use those services in any way;
• communicate in any way the results of any product testing, competitive benchmarking or other product evaluation outside of your own organization;
• use the Service or the Cogent Mobile vCRM Client Application for any other commercial or competitive reasons.

 

^ top

Cogent Mobile Terms of Purchase

On some platforms, all functionality is available for free. On other platforms, the Cogent Mobile Professional or Enterprise Service gives you access to additional functionality beyond the free version of the Service. The following terms apply when you purchase Cogent Mobile Professional or Enterprise Service through Cogent Mobile. If you purchase Cogent Mobile Professional or Enterprise Service through another web site, then the terms of purchase of that web site would apply instead.

To use the Cogent Mobile Professional or Enterprise Service, you must pay either a one-time fee, a fee for a limited-time license, or a monthly subscription. Payment methods supported by Cogent Mobile include credit-card, PayPal linked accounts. Cogent Mobile reserves the right to stop accepting credit cards from one or more issuers.

If you subscribe to any services that we offer for a charge, you will pay the applicable fees as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

One-time license: Purchasing Cogent Mobile with a one-time charge gives you access to the purchased version of the Cogent Mobile Professional or Enterprise Service on a single mobile device for as long as we support that software version, for a minimum of 2 years from date of purchase. Additional payment may be required for access to newer versions of the Cogent Mobile Professional or Enterprise Service. Licenses are non-transferrable between parties or devices. To use Cogent Mobile Professional or Enterprise Services on a new or different device a separate license must be purchased.

Limited-time license: Purchasing Cogent Mobile as a limited-time license gives you access to the purchased version of the Cogent Mobile Professional or Enterprise Service on a single mobile device for the duration specified when you made the purchase. Additional payment may be required for access to newer versions of the Cogent Mobile Professional or Enterprise Service. Licenses are non-transferrable between parties or devices. To use Cogent Mobile Professional or Enterprise Services on a new or different device a separate license must be purchased. To extend the Cogent Mobile Professional or Enterprise Service beyond the agreed upon duration additional payment is required.

Subscription license: Purchasing the Cogent Mobile Professional or Enterprise Service as a monthly subscription gives you access to the Cogent Mobile Professional or Enterprise Service, including all updates to the purchased version. Subscriptions are fully transferrable to any single device, but cannot be run concurrently on multiple devices.

^ top

Refunds

If you experience a problem with the Cogent Mobile Professional or Enterprise Service, please contact Cogent Mobile Customer Support so that we can try to resolve your problem. We will make every reasonable attempt to resolve any issues you may have with the Cogent Mobile Professional or Enterprise Service. If we are not able to resolve the problem, you can request a refund by submitting a customer support request. Refund requests carried out through other means shall not be eligible for a refund.

If your initial Cogent Mobile refund request was received by us within 30 days of your original purchase date, you used or attempted to use the Cogent Mobile Professional or Enterprise Service for its intended purpose and we have been unable to resolve the problem you are experiencing which resulted from one or more of the following issues within ten (10) business days of receipt of your request, then we may (in our sole discretion), issue you a refund for the full product purchase:

• The software was not delivered.
• A working registration key was not delivered.
• The software download failed.
• The software is not compatible with the device.
• The software would not install on the device.
• The software has been proven defective by Cogent Mobile.
• Cogent Mobile has billed your account in error.

We regret that we are unable to provide refunds for:

• Subscription license charges paid prior to the refund request.
• Cogent Mobile Professional or Enterprise Service one-time or limited-time purchases occurring more than 30 days prior to Cogent Mobile's receipt of your initial refund request regarding such application.

Please note that a refund request does not guarantee a refund. Cogent Mobile will make every reasonable attempt to resolve the problem associated with your request in accordance with this policy before any refund request is considered.

All refunds will be issued in the same form of payment as the original purchase. By receipt of a refund, the purchaser agrees to remove and delete the software, all of its components, any registration codes, and fully downloaded versions from the device and/or computer. All refunds are final and shall serve as the sole remedy for any claims relating to the purchase, download, use or inability to use any Cogent Mobile Professional or Enterprise Service, unless such limitation is otherwise prohibited by law.

In a few jurisdictions, certain terms of this Refund Policy may not be applicable. In such instances, Cogent Mobile reserves the right to modify the terms of these Terms of Service as necessary to comply with applicable laws and/or regulations.

^ top

Automated or Recorded Queries

You may not submit any form of automated or recorded queries unless expressly authorized by Cogent Mobile 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 Cogent Mobile vCRM 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.

Usage While Driving

Usage of the Service and the Cogent Mobile vCRM Client Application 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 discouraged. Usage of the Service that involves typing on or looking at the device while driving or performing any other potentially dangerous activity is prohibited. It may also be illegal in your area.

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.

^ top

Voluntary Submissions to Cogent Mobile

If you are using Cogent Mobile on a platform with the ability to select a "Send Feedback" (or similar) option, you acknowledge that any submission that you make to us from Cogent Mobile's "Send Feedback" feature becomes the property of Cogent Mobile, including all intellectual property rights therein. By using this feature, you agree to assign upon transmission to Cogent Mobile all rights, title and interest (including all intellectual property rights therein) in such submission, and Cogent Mobile 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 Cogent Mobile 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.

^ top

Third Party Applications and Content

The Service invokes a number of applications which were not developed by Cogent Mobile and in which Cogent Mobile has neither any interest nor control. This includes the device's browser, email and SMS programs, dialer, calendar, and other applications such as CRM. 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 device's email application, which then sends the email.

Cogent Mobile 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. Cogent Mobile shall assume no liability whatsoever with respect to the failure of the Service to correctly recognize any spoken utterances provided to the Service.

^ top

Privacy Policy

Cogent Mobile's privacy policy is available at www.CogentMobile.com/PrivacyPolicy, and is incorporated herein by reference.

Fees, Costs, and Other Expenses

The Service makes use of a data network operated by the device manufacturer and/or your wireless service provider to send both data and recorded audio from your device to our servers, and to serve information back to you. Depending on your data plan, you may incur charges from the device manufacturer 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.

^ top

No Warranties

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

Cogent Mobile 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.

Cogent Mobile 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 Cogent Mobile vCRM 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.

^ top

Notices

Cogent Mobile 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,CRM or other reasonable means.

Changes to These Terms of Service

Cogent Mobile 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.

^ top

Limitation of Liability

You agree not to hold Cogent Mobile, or its directors, officers, employees, agents, partners, and licensors liable for your use, misuse, or reliance on the Service or the Cogent Mobile vCRM 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 Cogent Mobile vCRM Client Application, or from any unavailability of the Service for any cause or reason.

^ top

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.

^ top

Term and Termination

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

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

Cogent Mobile 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 State of Delaware 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 State of Deleware.

^ top