Notice to customers: Please read the following legal agreement carefully. Mobile Assistant, Inc. (MA) mobile dictation service constitutes your acceptance of these terms. If you do not agree to the Terms of this Agreement, do not use the services. As used in this Agreement, “you,” “customer,” or “subscriber” means the individual person that has subscribed to the service and does not include any other individual(s) or entitles. Upon written or other, including electronic, notice to you, we may modify this Agreement, the service rules, and may discontinue or revise any or all other aspects of the service.
1. General Information, Definitions, Policies and Intended Use.
1(a). The service is provided by Mobile Assistant, Inc. MA is providing you with access to the service for the purpose of allowing you to dictate certain kinds of information and data and to have this information and /or data returned to a personal computer, designated by you, as transcribed notes. You agree to use the service in a manner consistent with this Agreement.
1(b). MA is providing access to and use of the service to you only, and you agree not to share your password with any other individual or entity or allow any other individual or entity to utilize the service on behalf of themselves, on your behalf, or otherwise.
1(c). MA allows subscribers to register a mobile phone number and up to one alternate phone number for identification purposes. You may only register numbers that are under your exclusive control. If we find that a subscriber has registered a shared office number or other phone number that is not exclusively used by the subscriber, then MA reserves the right to remove the registered phone number for that subscriber and/or terminate the account.
1(d). MA requires the use of a Facility code and user ID as an additional identification measure and to ensure security when you call the service from an unregistered phone.
1(e). The MA Mobile Assistant service is available for one subscriber per dictation only. MA reserves the right to not transcribe a dictation with more than one dictator and cancellation of the subscription.
1(f). MA is intended for notes, memoranda and to record common business data. The Service is not intended as a legal or medical transcription service unless the user has signed up for a legal or medical subscription. The dictation of short notes and memoranda is an appropriate use of MA. Dictating numerous multiple-page or highly complex documents is not. If we find that a subscriber is dictating a large number of documents that exceeds these boundaries, as interpreted by MA, we reserve the right to terminate such subscriber’s account.
2. Copyright and Licenses. As a subscriber to the service, you will have a nonexclusive, nontransferable, non-assignable, personal right to use the service for the terms of this Agreement. Use of the service is limited to you only and all dictations submitted to MA must be from you and on behalf of you. Any software and/or documentation provided to you in connection with the service is being licensed ( not sold) to you for your limited use, pursuant to the terms of the Agreement. This license shall terminate upon the termination of this Agreement and upon termination you shall have no further right to use the software related to the service. MA acknowledges that the content of any dictation, transcription thereof, or transmitted data based on your dictation is your property and you own all rights to that content.
3. Interruptions of Service. You acknowledge and agree that MA is not responsible for performance degradation and delays due to conditions on the internet or due to the equipment actions of wireless or landline service providers for either voice or data transmission.
4. Term; Termination. This Agreement shall be effective as of the date when you first use the service, or pay your first bill, whichever comes first. This agreement automatically renews at the end of each billing period and will be renewed for the same period and terms as the previous bill period. You agree to pay each renewal until such time as this Agreement is terminated in accordance with provisions below. MA reserves the right in its sole discretion, to suspend or terminate your access to and use of the service without further notice if you breach any of the terms and conditions of this Agreement. In addition, if any personal information provided by you to MA, including billing and credit card information, is incomplete or inaccurate, MA reserves the right to terminate this Agreement. Finally, either you or MA may terminate this Agreement at any time without cause by providing notice in writing or by email to the other party, provided that any such notice to MA by email be sent to firstname.lastname@example.org. In the event of termination, you shall remain responsible for all charges and fees incurred by you in connection with the use of the service through and including the date of termination and any prepaid but unearned subscription fees, paid by you to MA, shall be considered earned and no refund shall be given.
5. Pricing; Promotions. Any promotions offered by MA must be requested by you at the time of registration for the MA service, or are otherwise forfeited. MA, from time to time, may deem it necessary, at MA’s discretion, to change or modify service pricing. MA agrees to notify you of upcoming price changes at least 15 days prior to any change. Notifications of any such changes will be made in accordance with Section 13(c) below and will become effective at your next billing date or at least 15 days after notification, whichever is later. Unlimited time is defined as 1000 lines of dictation per month. Above 1000 lines, there is a charge of 12 cents per line. You can view your usage online that resets every billing cycle by logging into your account at www.MobileAssistant.us.
6. Links to Other Content. As part of your service, you will have access to a personalized website for maintaining personal preferences, reviewing the status of your dictated work and reviewing billing and other customer service matters. This site and the main MA site may have links to content or services provided by partners or other service providers. MA does not assume responsibility for the availability or content of these sites and resources. Therefore, any concerns you may have regarding any site should be directed to the relevant site administrator or webmaster.
7. Availability of Services. If the service is not available within your intended location, you agree that your sole remedy shall be to terminate this Agreement.
8(a). Compliance with Laws. You shall not use the service in any manner contrary to local, state or federal law or any other law applicable to you or use of the service. MA expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law.
8(b). Mobile Assistant will abide by the Written Information Security Program which can be downloaded here
9. Disclaimer of Service Warranties.
9(a). No additional warranty for your personal computer(s), wireless or landline phones(s) are provided as a result of using the service. MA specifically disclaims any responsibility for any equipment or software provided by you and in no way warrants the capabilities of any such software used in conjunction with the service.
9(b). You expressly agree that use of the service is at your sole risk. The service is provided on an “as is” and an “as available” basis.
9(c). MA and its licensors expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights.
9(d). MA makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, error free; nor does MA or its licensors make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, completeness or reliability of any information obtained through the service. MA and/or its licensors may make improvements and/or changes in the service at any time.
9(e). You, the subscriber, understand and agree that any material and/or data obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of the service.
9(f). MA makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
9(g). No advice or information, whether oral or written, obtained by you from MA or through the service shall create any warranty not expressly made herein.
10. Limitation of liability For The Service.
10(a). MA shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the service, (ii) your use of any equipment in connection with the service, or (iii) the content of materials included with or accessed via use of the service, or (iv) any goods or services purchased through the service.
10(b). MA, your voice or data wireless service providers and/or MA’s contractors, licensors and providers shall not be liable for any direct, special, incidental, consequential, indirect, exemplary or punitive damages, including without limitation loss of use, profits, revenues, or data, whether based in contract, tort (including negligence), strict liability, or any other theory of liability, resulting from the use or the inability to use the service, equipment or software, either separately or in combination with any other services, equipment or software, whether or not performed or provided under this Agreement, or for cost of procurement of substitute services, or resulting from any services purchased or obtained through the service, or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to damages for loss of profits, use, data or other intangible, even if MA, your wireless service providers and /or MA’s contractors or licensors have been advised of the possibility of such damages.
10(c). Notwithstanding any other provision of this Agreement, the maximum collective liability of MA and wireless service providers for damages hereunder shall not exceed US$100.00.
11. Third Party Rights. The provisions of this Agreement are for the benefit of MA, including its directors, members and employees, and MA’s partners, contractors and licensors. Each of these individuals or entities shall have the right to assert and enforce this Agreement on its own behalf.
12. Additional Terms and Conditions.
12(a). You are solely responsible for the contents of your dictations.
12(b). Your use of the service is subject to all applicable local, state, federal, national and international laws and regulations.
12(c). Indemnification. You agree to indemnify and hold MA, including its subsidiaries, affiliates, directors, members and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party resulting from or arising out of your violation of this Agreement, your use of the service, any unauthorized use of the service by another person using your computer or password, or your infringement of any intellectual property or other right of any person or entity.
13(a). Entire Agreement. This Agreement is intended as the complete, final and exclusive statement of the terms of the agreement between the parties relating to the subject matter hereof and supersede all prior understandings, writings, proposals, representations or communications, oral or written, relating to the subject matter hereof. MA may make changes to this Agreement by notifying you in accordance with Section 13(c). Any such notice shall be effective upon receipt. No change requested by you shall be binding upon MA unless agreed to in writing executed by both parties.
13(b). Force Majeure. Except with respect to your payment obligations under this Agreement, neither party shall be liable to the other party for any alleged loss or damages resulting from delays in performance caused by acts of the other party, acts of civil or military authority, governmental priorities, earthquake, fire, flood, epidemic, quarantine, energy crisis, interruption in telephone service, strike, labor trouble, war, riot, accident, shortage, delay in transportation, or any other causes beyond the reasonable control of the party whose performance is so delayed.
13(c). Notices. You may send notices to MA by postal mail or by express delivery, addressed to Mobile Assistant, Inc., 1880 Radford Road, Suite 4, Dubuque, IA 52002, attention: Customer Support, or at such other address as MA may provide. MA may send notices to you electronically by facsimile, desktop e-mail, or by postal mail, addressed to you at your last known mailing address, e-mail address or facsimile telephone number. All notices shall be deemed to have been given and received on the earlier of actual delivery or five business days form the date of postmark.
13(d). Waiver. A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.
13(e). Severability. In the event any provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired thereby.
13(f). Assignment. Assignment of this Agreement shall be prohibited without the express written consent of the other party; except that MA shall be entitled to assign its rights and obligations hereunder to any subsidiary or affiliate or in connection with a merger or other business combination in which MA is not the surviving entity. Any attempted assignment in violation of this provision shall be null and void.
13(g). Governing Law. The validity, performance, construction, and interpretation of this Agreement shall be governed by the laws of the State of Iowa, excluding conflicts of laws principles, and the courts of the United States. Subject to Section 13(h) below, you hereby agree to submit any controversy to, and to the personal jurisdiction of, the District Court of Dubuque, County, Iowa and/or the United States District Court located in Cedar Rapids, Iowa, which shall have jurisdiction and venue over all controversies in connection herewith.
13(h). Arbitration. All disputes, claims, and controversies between the parties arising out of or related to this Agreement or the branch thereof (except for non-payment or late payment of subscription fees or infringement of any intellectual property right for which an injunction may be sought) shall be settled by arbitration. The arbitration shall be conducted by one arbitrator under the then current Commercial Arbitration Rules of the American Arbitration Association. The power of the arbitrator shall be limited to that possessed by a District Court Judge in Iowa. The arbitrator is prohibited from awarding damages or remedies in excess of those allowed by the provisions of this Agreement. The decision and award of the arbitrator shall be final and binding and judgment on the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held in Dubuque County, Iowa, and any award shall be deemed to be made in Iowa.
13(i). Survival. Sections 8 (“Disclaimer of Service Warranties”), 9”Limitation of Liability for the Service”) 11(c) (“Indemnification”) and 12 (“General”) shall survive the expiration or termination of this Agreement, without limitation.
13(j). Privacy Notice. The provisions of the Privacy Notice as from time to time set forth on the MA website are incorporated herein by reference and shall be an integral part here.
Mobile Assistant, Inc.
1880 Radford Rd.
Dubuque, IA 52002