Terms of service
Welcome to the Orai website or mobile properties and related applications (collectively this “Site”) which is owned and operated by Oratio, LLC., a Delaware corporation (“Orai”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (this “Agreement” or “Terms”), govern your access to and use of Site, apps and services (collectively the “Service”). The term “you” refers to the individual visiting the site and/or contributing content on this Site.
This Site is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. If you are at least 13 years of age, you may access the Service with the involvement of a parent or guardian. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Orai and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Account Registration and Your Information
If you want to use certain features of the Services, you will need to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You are solely and exclusively responsible for keeping any login credentials (such as a username and password) confidential and limiting access to the account, including, without limitation, any use by any unauthorized third-party, and are further responsible for changing login information (such as the password) to maintain continued confidentiality and limited access to your account. Orai will not be responsible for any losses arising out of the unauthorized use of your username, password, and/or account and you agree to indemnify and hold harmless Orai, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal use of the same.
You may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is inaccurate, Orai reserves the right to suspend or terminate your account and refuse any and all future use of the Service by you. You further agree to immediately notify Orai of any unauthorized use of your password or account or any other breach of security. You further agree not to access the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or “bot”).
Orai respects copyright law and expects its users to do the same. It is Orai’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. All information included on the Service, including but not limited to text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively “Content”), is the property of Orai or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.
By using the Service, you agree not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property right. You further acknowledge that all content distributed is an original work provided by Orai.
Orai’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Orai or its affiliates or licensors. You must not use such marks without the prior written permission of Orai. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
License and Service Access
Orai grants you a limited, non-exclusive license to access and make personal use of the Service and not to reproduce or modify any portion of the Service, except with the express written consent of Orai. This license does not permit any resale or commercial use of the Service or its contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Service or its contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service or any part thereof for any commercial purpose without the express written consent of Orai. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You are prohibited from using any meta tags or any other “hidden text” utilizing the Service’s name or trademarks without the express written consent of Orai. Any breach of the foregoing license terminates the license granted by Orai. Hypertext linking to Orai and the Service is permitted so long as the link does not portray Orai, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. Orai reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Orai, adversely affects the goodwill of Orai or any trademark or service mark of Orai or its affiliates or content suppliers. You may not use any Orai logo or other proprietary graphic or trademark as part of the link without the express written permission of Orai.
Orai asks others to respect its intellectual property rights, and we accordingly respect the intellectual property rights of others. If you believe that any Content on the Services violates your copyright, you are encouraged to notify Orai in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy, which is set forth below. Orai will respond to all such notices, including by removing the infringing content, as required or appropriate.
Any notification of copyright infringement that you send us request must include the following:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing direct URLs to each set in the body of an email is the best way to help us locate content quickly.
Contact information, such as your name, address, telephone number and, if available, email address; and
A statement by you: (a) that you believe in good faith that the use of the content that you claim infringes a copyright is not authorized by law, or by the copyright owner or the owner’s agent; and (b) under penalty of perjury, that all of the information contained in your infringement notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Orai allows users to record speech (“Recordings”), and users can listen back to Recordings. The audio is also processed by a speech to text engine to show a transcript with the speech feedback highlighted, and other transcript enabled functionality. Orai provides analytics after the recording using the speech transcript, information input by the user, and information that can be derived from audio processing.
Recordings: When users launch a recorded session with Orai, whether recording through face to face discussions, or via telephone, or via web interfaces, Orai will capture audio recordings. These Recordings and subsequent Recording Information are considered Personal Information and confidential. Recordings are stored in Orai’s Cloud Infrastructure which is built on top of 3rd party cloud service providers Microsoft, Amazon and IBM. At the discretion of the recording users or other users who have been granted access by the recording users, these recordings may be shared and accessed with both attendees and non-attendees of the session.
Recording Information: We will not view Recording Information or Recordings except as necessary to appropriately support the service or as required by law. (Recording Information includes names, written notes, audio recordings, transcripts, and any other information created or used while in session). You should be aware that any personal information you record or submit while in session and utilizing the Feedback feature can be read, collected or used by the user. We will not view Recording Information, except as necessary to appropriately support the service and for the purpose of anticipating, diagnosing, supporting or resolving any problems that might limit or disrupt the quality of our customers’ service experience or as required by law.
Changes to Terms of Service
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, via the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted the modified Terms on the Site or via the App, you shall be bound by the modified Terms. Changes to the Terms will not create additional obligations for you. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
Certain items of software included in or used by the Orai Application are owned by or licensed from third parties and subject to “open source” or “free software” licenses (collectively, “Open Source Software”). This Open Source Software is not subject to the terms and conditions of this Agreement but are instead licensed under the terms of the end user license that accompany them. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of such end user license. If required by any license for particular Open Source Software, Orai makes such Open Source Software, and Orai’s modifications to that Open Source Software, available by written request at firstname.lastname@example.org.
Can Kids Use Orai?
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive.
From time to time, the Service may not be available for any reason including, but not limited to, routine maintenance or technical problems. By your continued use of the Service, you understand and acknowledge that access to the Service may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds Orai liable for any damages arising out of your access to the Service (see LIMITATION OF LIABILITY below). Further, Orai reserves the right to refuse service, terminate accounts, and remove or edit content (including third party content) available on the Service.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
Orai makes no representations or warranties of its services, third party hardware, or telecommunications networks utilized to provide the Orai services. Orai does not warrant that it services or information, content, or materials provided through the service are completely secure, uninterrupted or error free.
Limitation of Liability
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
The User agrees to indemnify, defend and hold harmless Orai, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys' fees arising from: any violation of these Terms; the User's content, information and other materials that the User or anyone using the User's account post on the Service or transmit to other users; the User's use of information, content, materials and products (including software) made available by the Service, or; the User's violation of any rights of another.
Dispute Resolution and Governing Law
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Site between you and Orai and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Wilmington, Delaware. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
All matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware [FJ1] without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.
Orai reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.
Your Comments and Concerns
This Site is operated by Oratio LLC.
3230 Market St. Philadelphia PA 19104
By email: firstname.lastname@example.org
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.