Terms & Conditions of Service

The mScriber specified ("we" or "mScriber") supplies the products and services (the "Services") to you ("you"), under the following terms and conditions as amended from time to time by mScriber, and any additional or supplementary guidelines or rules applicable to the Services (the "Agreement"). The current version of this Agreement will be posted here. If you break this Agreement we may suspend or terminate your ability to use the Services (the "Account"). "Associated Persons" refers to a person and its subsidiaries, parent companies, their subsidiaries, members, officers, directors, shareholders, any of their agents, partners or joint venture parties, and (in the case of natural persons) their family members.

1. Charges
Please contact us for our latest published prices and the prices that will apply to your Account. When using any mScriber Services, some third parties may charge you extra (Some, but not all, examples of it are - When using Voicemail2SMS™ product, your network operator might charge you for diverting your calls to us or when using Voice2SMS™ product, your network operator may charge you extra, if you are using a mobile phone in roaming).

In respect of all charges levied by third parties, we recommend that you check their tariffs for each of their services. mScriber is not responsible for any charges levied by these third parties.

Unless otherwise specified, our prices are quoted exclusive of any applicable taxes, which will be additionally charged as appropriate.

We charge you for using our products in the Account except when it is proven that a service using mScriber was not delivered due to sole fault of mScriber.

Where applicable, each SMS consists of 160 characters (as set by the GSM Association) of which, we may use upto 40 characters for any promotional text. If a message exceeds a single SMS in length, we will deliver the message as a series of consecutive SMS messages. We might limit the total length of delivered messages to certain number of SMS messages in total, which means that a long voice message may not be converted in its entirety.

Operational SMSs from us (such as notifying you when you run out of credit) will be charged.

mScriber reserves the right to limit use of the Service if unreasonable usage occurs on any account at any time.

2. Your Registration Obligations
We need to be able to rely on the information that you provide to us about you and therefore you confirm that you have provided and will provide true, accurate, current and complete information about yourself to us and agree to inform us if that information has changed. If it is shown or we reasonably suspect that you have not done this, we may suspend or terminate your Account and refuse your use of the Services. We will treat your information very carefully and will only use your information in accordance with our Privacy Policy found at www.mscriber.com. You should note in particular, our Privacy Policy will allow us to process your registration and user data and to receive and deliver the Content.

3. User Authentication & Authorisation Details
We might send you your User Authentication & Authorisation Details (e.g. a User Id, password etc.) for your Account. You are responsible for maintaining the confidentiality of both your User Authentication & Authorisation Details and activities on your Account generally. You must immediately notify us of any unauthorized usage of your User Authentication & Authorisation Details or Account or other breach of security.

4. User Conduct
All information, text, sound or messages ("Content") are the sole responsibility of the person from whom such Content originated. We cannot be held responsible for the Contents or any other activities conducted through your Account. Accordingly, you agree that you, and not mScriber, are solely responsible and liable for all activities conducted through your Account.

We may terminate your Account if, in our reasonable opinion, the Account has been used for the purpose of violating any applicable law or we reasonably believe that you have done (or allowed to be done) any of the following (but not limited to) using the Services: harass, threaten, embarrass or cause distress or discomfort to any person or transmit Content that we consider to be unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene or racially, ethnically, sexually or otherwise objectionable, particularly taking into account the recipient's age; transmit any Content that infringes any rights of confidence, trade marks, copyright, or other proprietary rights or intellectual property of any party; impersonate any person or manipulate identifiers to disguise the Content origin; spread or encourage any form of terror; or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation. We do not permit the use of the Services to send unsolicited marketing material. If you send or allow to be sent any unsolicited marketing message using the Services we reserve the right to charge you up to Indian Rupees 5,000 (or equivalent) for each person and/or number to whom such message was sent and with respect to each such unsolicited message.

Although we normally do not filter or otherwise amend the Content presented to us and we accept no obligation to do so, we and our Associated Persons reserve the right to remove or refuse to transmit Content that violates this Agreement or is otherwise objectionable. We and our Associated Persons may preserve Content and disclose Content if we, in good faith, believe that either is required to enable us to comply with or respond to any legal process or to enforce this Agreement or obtain advice from professional advisers. You understand and agree that technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) single or multiple human review.

5. Personal Data
You and we agree that both of us will comply with our Privacy Policy that you must review.

6. Confidentiality
Unless required by applicable law or regulation or otherwise indicated in this Agreement or mScriber Privacy Policy, neither party shall disclose Externally any information that has been designated to be confidential or that is obviously confidential in nature (including message Content). "Externally" means persons or other Associated Persons and advisers and any third parties who have no need to receive the information to provide the Services.

7. Indemnity
You will indemnify and hold us and our Associated Persons harmless from any losses, expenses, damages, claim or demand, including reasonable legal fees and consequential losses due to your use of the Services, violation of this Agreement, or violation of any rights of another.

8. No Resale of Services
You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services, unless specifically agreed with mScriber before doing so.

9. General Practices Regarding Use and Storage
We may establish general practices (and change such practices without notice) and limits concerning use of the Services, including, without limitation, the maximum number of days that Content will be retained by us, the maximum number of Contents that may be sent from or received by an Account, the maximum size of any Contents that may be sent from or received by an Account, the maximum disk space that will be allotted on our servers to you, and the maximum number of times Content will be attempted to be resent after any previous failures to send them. We have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.

10. Modifications to Services
We may at any time modify or discontinue, temporarily or permanently, the Services (or any part of them) with or without notice and liability to anyone.

11. Termination
We may terminate your User Authentication & Authorisation Details Account (or any part of it) or use of the Services, and remove and discard any Content within the Services, for any reason and with or without notice, including, without limitation, for lack of use, failure to pay or if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement. We shall not be liable to you or any third-party for any termination of your access to the Services.

12. mScriber's Proprietary Rights
The Services and any products used in connection with the Services contain proprietary and confidential information that is protected by intellectual property and other laws. You acknowledge and agree that Content contained in information presented to you through the Services may be protected by copyright, trade mark, patents or other proprietary rights and laws. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on Content you receive (other than for forwarding messages) or the Software, in whole or in part, unless formally agreed with mScriber prior to doing so. You may not access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

13. Services levels and disclaimer of other warranties terms and conditions
Where we are unable to convert a voice to text due to poor dictation, noisy environment, poor phone connection or drop-outs, language or unacceptable content, we will reasonably attempt to advise you about what needs to be done. We also advise that these Services are NOT used for any matters extremely critical in nature (for example, but not limited to, sending an SOS message using Voice2SMS™ product). mScriber products may require that your third party service provider(s), whosoever, supports certain services (e.g. Voicemail2SMS™ requires call diverts (or call forwarding) from your telephone operator). Please check before attempting to sign-up. We assume no responsibility for the deletion, mis-delivery or timing. The services are provided on an "as is" and "as available" basis. we hereby disclaim all other warranties, terms and conditions whether express or implied, including, but not limited to implied warranties terms or conditions concerning merchantability, satisfactory quality or fitness for purpose. We assume no responsibility for the deletion, mis-delivery or failure to store any content. We make no warranty that the services will be uninterrupted or error-free.

14. Limitation of liability
mScriber does not control the Content transmitted through the Services. By using the Services you may be exposed to Content others send that you find offensive, indecent, or objectionable. mScriber is not liable for Content, including, but not limited to, any errors or omissions in any Content even if it arises through mScriber’s negligence or for loss or damage of any kind incurred as a result of the use of any content. mScriber is not liable for direct or indirect loss or for loss of profits, goodwill, time, use, data or other intangible losses (even if advised of the possibility of such damages), whether arising through breach of contract tort or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of alternative services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party transmitted through the Services. mScriber's liability arising out of or in relation to this Agreement, whether arising due to breach of contract tort or otherwise, is limited to the smaller of (a) the amount of fees you pay to mScriber in the 12 months prior to the action giving rise to liability, and (b) Indian Rupees 1,000 (or equivalent). mScriber is not liable for any failure to perform its obligations when that failure is caused by events beyond its reasonable control (“force majeure”).

15. Notices
Notices of changes to this Agreement or on other matters to you may be sent by email, SMS regular mail, or by any other means. You may also contact us for any reason, including the updating or correcting of your personal data by using details on contact us page made available on our website.

16. General Information
This Agreement is the entire agreement between us and governs your use of the Services. It replaces any prior agreements. You may be subject to additional terms and conditions such as those imposed by third parties. If any provision of this Agreement is found by any competent court to be invalid or unenforceable, its invalidity or unenforceability shall not affect the other provisions of this Agreement. If we fail to exercise, or delay in exercising a right or remedy under this Agreement or given by law, we are not waiving that right or remedy or any other rights or remedies. You confirm that you are aged over 16. If you are under 18, you confirm that you have shown these terms and conditions to someone over 18 who agrees to guarantee and meet the obligations imposed on you. Similarly, you confirm that if you are not the bill payer, that you are contracting on behalf of the bill payer and that you have sufficient authority to enter into such a contract and that you will continue to be liable under this Agreement, as will the bill payer. This Agreement and the relationship between the parties is governed by the laws of Republic of India and we both submit to the jurisdiction of the courts of Republic of India.