Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Smart Automation Systems Pty Ltd (“we,” “us” or “our”), concerning your access to and use of the Smart Voice portal (www.portal.smartvoice.com.au). You agree that by accessing Smart Voice, you have read, understood, and agree to be bound by all these Terms and Conditions Use. If you do not agree with these terms and conditions, then do not use the Smart Voice services.

Supplemental terms and conditions or documents that may be posted on Smart Voice from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of Smart Voice after the date such revised Terms are posted.

The information provided on Smart Voice is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Smart Voice from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Smart Voice is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for Smart Voice.

Intellectual Property Rights

Unless otherwise indicated, Smart Voice is our proprietary property and all source code, databases, functionality, software, Platform designs, and graphics on Smart Voice (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on Smart Voice “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Smart Voice and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use Smart Voice, you are granted a limited license to access and use Smart Voice and to download or print a copy of any portion of the Content to which you have properly gained access solely for your use. We reserve all rights not expressly granted to you in and to Smart Voice, Content, and the Marks.

Smart Voice Licenses

A Control System License is a digital item, providing the ability to create virtual ‘devices’ on the Smart Voice Portal, which can be used by Amazon Alexa, Google Assistant, and Apple HomeKit to control real devices through a user’s existing control system. Control System Licenses are purchased by the client either directly from Smart Voice, or from a registered integrator. When added to a client site, they allow devices to be created and accessible by either the Amazon Alexa service or the Google Assistant service. Once added, these Control System Licenses are non-transferrable and non-removable.

Permission is granted to temporarily download one copy of the materials (information or software) on Smart Voice's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

modify or copy the materials.
use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
attempt to decompile or reverse engineer any software contained on Smart Voice's website.
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smart Voice at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Data Collection

Smart Voice provides a service to create smart home widgets for Alexa, Google Assistant and HomeKit using data from various home automation control systems. To provide this service, we require several points of data to be provided to us by the installer. Depending on the control system you use, this may include the following.

Control system type
WAN IP and port
Local IP
Username and password
Control system serial number

For added security, we may also use the above to calculate or obtain access tokens where relevant for the control system.

To manage integrator accounts, we collect several points of data, including

Company name
Integrator name

To manage client accounts, we collect several points of data, including:

Client Name
Client Phone Number
Client Street Address
Client Email

All data collected is stored securely and encrypted on our AWS Cloud service. Access to data tables is restricted exclusively to selected staff members of Smart Voice, where multi-factor authentication and regularly updated passwords form part of our security policy.

By using our service, you authorize Smart Voice to collect any relevant data as mentioned above, and to store it according to our privacy policy listed above.

User Representation

By using Smart Voice, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete.
you will maintain the accuracy of such information and promptly update such registration information as necessary.
you have the legal capacity, and you agree to comply with these Terms of Use;
you are not under the age of 18.
you will not access Smart Voice through automated or non-human means, whether through a bot, script or otherwise.
you will not use Smart Voice for any illegal or unauthorized purpose, and
your use of Smart Voice will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of Smart Voice (or any portion thereof).

User Registration

You are required to register with Smart Voice. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not access or use Smart Voice for any purpose other than that for which we make Smart Voice available. Smart Voice may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Smart Voice ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third Party Websites and Content

Smart Voice may contain (or you may be sent via Smart Voice) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party websites accessed through Smart Voice or any Third-Party Content posted on, available through, or installed from Smart Voice, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Smart Voice and access the Third-Party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from Smart Voice or relating to any applications you use or install from Smart Voice.

Any purchases you make through Third-Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites.

Platform Management

We reserve the right, but not the obligation, to:

monitor Smart Voice for violations of these Terms of Use.
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
in our sole discretion and without limitation, notice, or liability, to remove from Smart Voice or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage Smart Voice in a manner designed to protect our rights and property and to facilitate the proper functioning of Smart Voice.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using Smart Voice, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised Smart Voice is hosted in Australia. If you access Smart Voice from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of Smart Voice or Services, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children's Online Privacy Protection Act Rule (COPPA Rule), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from Smart Voice as quickly as is reasonably practical.

Term and Termination

These Terms of Use shall remain in full force and effect while you use Smart Voice. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF SMART VOICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN SMART VOICE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of Smart Voice at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of Smart Voice without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Smart Voice.

We cannot guarantee Smart Voice will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to Smart Voice, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Smart Voice at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Smart Voice during any downtime or discontinuance of Smart Voice. Nothing in these Terms of Use will be construed to obligate us to maintain and support Smart Voice or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of Smart Voice are governed by and construed in accordance with the laws of the State of Victoria applicable to agreements made and to be entirely performed within Australia, without regard to its conflict of law principles.

Corrections

There may be information on Smart Voice that contains typographical errors, inaccuracies, or omissions that may relate to Smart Voice, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Smart Voice at any time, without prior notice.

Disclaimer

SMART VOICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF SMART VOICE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SMART VOICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SMART VOICE’S CONTENT OR THE CONTENT OF ANY WEB PLATFORMS LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMART VOICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SMART VOICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SMART VOICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SMART VOICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SMART VOICE, ANY HYPERLINKED WEB PLATFORM, OR ANY WEB PLATFORM OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

User Data

We will maintain certain data that you enter into the Smart Voice portal for the purpose of managing Smart Voice, as well as data relating to your use of Smart Voice. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Smart Voice. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on Smart Voice constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or the use of Smart Voice. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Smart Voice may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Contact Us

In order to resolve a complaint regarding Smart Voice or to receive further information regarding use of Smart Voice, please contact us at:

Smart Urban Properties Pty Ltd

Email: support@smartvoice.com.au

Web: https://smartvoice.com.au

Terms of Service - Smart Voice Print