Effective Date: 15 May 2021
Welcome to WeVoice+!
Thank you for joining the WeVoice+, connecting blind and visually impaired with sighted helpers from around the world via live video.
We hope that you will use our Services to create a community of visually impaired and sighted users that communicate with, help, and learn from
each other in positive ways. That is why we built them.
WeVoice+ connects blind and visually impaired people to sighted people who can help them “see” when needed.
These are the terms that explain how you can use our services, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.
When you use our services:
WeVoice+ Services allow visually impaired users to connect with sighted users via live video chat, so the sighted user can help the visually impaired user by describing what is being shown on the video. The video stream is one-way - that is, the visually impaired user creates the video stream that the sighted user views. But the audio stream is two way so that the visually impaired user can hear the sighted user describe the video content.
WeVoice+ provides the platform to make these connections. We do not create the videos, we do not interpret the videos and we do not pre-screen the videos. We are not and cannot be responsible for the content being shared using our Services.
Use of the Services
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that WeVoice+ is not responsible or liable for the conduct of any user or the content of any video stream. WeVoice+ reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
You agree that you are responsible for all data, telecommunications and/or other third-party charges you incur to use the Service.
Reporting Abuse or Misuse of our Services
Our Services directly connect users so that sighted volunteers can help blind and visually impaired users. We hope and trust that our user community will be respectful of each other, particularly given our mission. But we recognize that this may not always be the case, and that some users may abuse our Services. If you witness or are subject to misuse or abuse of our Services, please let us know about it immediately at email@example.com.
Ownership of User Content
When you use the Services to create or transmit a video; post data, graphics or a written message of any kind, or interpret a video for another user, you are creating “User Content.” User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, show, post or display on or via the Services.
As a Video Maker, you own all of the User Content you create or post, including any video chat that you start. If you are not a Video Maker, you own all of the the User Content you create or post except that you do not own any video chat that you participate in but did not start.
You are solely responsible for your User Content. By using the Services to create or post User Content, you represent and warrant that you (i) are the owner or licensee of the User Content, and (ii) that you have the right, power and authority to post that content and grant the licenses specified below. You also represent and warrant the User Content you create or post will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service.
License of User Content
You hereby grant to WeVoice+, and WeVoice+ hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with the Services and WeVoice+ (and its successors’ and affiliates’) business.
Finally, you waive any rights to inspect or approve of any marketing or promotional materials related to your User Content. You also waive any and all privacy rights, publicity rights, and any other similar rights in connection with video chats, other User Content, and any portion of either. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any video chats or User Content.
Ownership of WeVoice+ Services and Content
Some of the Service may be supported by advertising revenue and may display advertisements and promotions. You agree that WeVoice+ may place such advertising and promotions on the Service, including on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Restrictions on Your Use of the Services
You must be at least 18 years old to use any of the Services.
You agree NOT to do any of the following:
solicit, collect or use the login credentials of other Service users;
Reservations of Rights
WeVoice+ may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.
WEVOICE+ IS NOT RESPONSIBLE FOR USER CONTENT, THE ADVICE / HELP GIVEN TO BLIND OR VISUALLY IMPAIRED USERS BY SIGHTED USERS, OR ANY VISUAL IMAGES OR AUDIO TRANSMITTED ACROSS A VIDEO STREAM.
WEVOICE+ SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).
WEVOICE+ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER CONTENT, OR THIRD-PARTY SERVICES, OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WEVOICE+ IS NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.
Although it is WeVoice+’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.
In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties. WEVOICE+ IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF ANY THIRD PARTY DEVICES, SYSTEMS OR FACILITIES, INCLUDING WITHOUT LIMITATION THOSE REQUIRED TO USE THE SERVICES.
Limitation of Liability
Between you and WeVoice+: IN THE EVENT OF A DISPUTE BETWEEN YOU AND WEVOICE+: (I) NEITHER YOU NOR WEVOICE+, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED USD $1,000.
Between you and another user: IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL OR GROSSLY NEGLIGENT.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Not an Emergency System
WeVoice+ Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.
Policy on street-crossing
WeVoice+ backend personnel will now provide minimal, relevant information to users who are actively crossing an intersection when prompted by a user and when circumstances change during the crossing.
Backend personnel will provide full descriptions of an intersection as you approach it. Once you reach the corner and the agent has finished describing the intersection, the backend personnel will stay silent to give the user an opportunity to ask for any additional details or to begin listening to their surroundings.
At this point, if you ask a backend personnel before crossing to provide specific information relevant to the intersection (like, “Let me know if I start to veer”) they will do so. If you request information while actively crossing an intersection, or if circumstances change during the crossing, then the backend personnel must provide this information while you cross the street.
When you click through our onboarding screens the first time you download the WeVoice+ app, and, finally, when you receive your personalized onboarding by a backend personnel.
From our backend personnel, you will receive as much information about the intersection as possible, beginning about half a block from the intersection. This information includes but is not limited to the shape of the intersection, the number of lanes that will be crossed, the presence of any medians, what the crosswalk and curbs are like, how the intersection is controlled (stop sign vs. stoplight), and where the pedestrian signal button is located (if applicable). The backend personnel can offer any other information about the intersection that you request. Once at the curb, if an backend personnel can clearly see the pedestrian signal, they can let you know when the signal has changed in your favor if you have requested them to do so. Once you have finished any follow-up questions about the intersection and have located the curb, the backend personnel will stay silent to give you an opportunity to ask for any additional details or to begin listening to your surroundings.
If you ask a backend personnel before crossing to provide specific information relevant to the intersection while you cross, they will do so. If you request information while actively crossing an intersection, or if circumstances change during the crossing, then the backend personnel must provide this information while you cross the street.
While backend personnel can see what is directly in front of a user, backend personnel are limited to the information captured by the camera. This means there may be important information that a user could gather audibly (e.g., an oncoming vehicle) that backend personnel will not see because it is outside of the camera’s field of view.
Yes. If circumstances change while you’re crossing the street, a backend personnel is allowed to provide relevant information such as, but not limited to:
If you’re veering out of the crosswalk
If you’re veering toward traffic or an active roadway
If you’re crossing an intersection diagonally
If a new obstacle (something not seen during the description of the intersection prior to crossing) has entered your path.
Please remember that backend personnel can only provide information on what can be clearly seen through their dashboard video feed. If a backend personnel cannot see the information requested, they will say so.
When there are no paved sidewalks in the area, a backend personnel can still assist an User. However, instead of having constant communication with the User, the backend personnel will keep contact to a minimum and give quick bursts of information as needed, much like they do in parking lots.
We have an emergency protocol in case this situation ever arises. The backend personnel will stay on the call with the User and begin actively communicating with our designated emergency point of contact, who will escalate the situation appropriately and contact emergency services as necessary.
Backend personnel can confirm the general direction and flow of traffic. A backend personnel will give as much information as possible about the static aspects of the intersection before crossing commences. Backend personnel will let you know if circumstances change, and you start to veer toward traffic or an active roadway.
Policy on navigating through parking lot
WeVoice+ backend personnel will provide an overview path to navigate a parking lot, followed by point-to-point directions, and will also answer questions. The only difference between navigating a parking lot and sidewalk navigation is the limitation of conversation: agents will only give point-to-point information.
Policy on inappropriate behavior and uncomfortable tasks
WeVoice+ policy cover general prohibitions of the service and specifically call out that you will not use the WeVoice+ service in any way that is harassing, threatening or insulting to others, including agents and other WeVoice+ users.
To provide an environment rooted in safety and respect, backend personnel are trained to let a user know they will assist with finding sighted assistance in their physical environment, or they will escalate the session to a supervisor if they feel uncomfortable with the request. As a user, you can also ask to speak with a supervisor if you believe a backend personnel is passing on the task unnecessarily.
Both users and backend personnel are requested to refrain from asking any personal questions that are not related to accomplishing a task, as well as to refrain from contacting each other outside of a session through email or social media.
You hereby release WeVoice+ (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation another user of our Services, whether it be at law or in equity. This includes, for example, any disputes regarding User Content or the interpretation of User Content.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Informal Dispute Resolution
Before filing any claim against WeVoice+ or otherwise seeking relief in a court of law, you agree to first contact WeVoice+ at firstname.lastname@example.org to inform us of your complaint and seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that WeVoice+ may evaluate the dispute and attempt to informally resolve it. WeVoice+ will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
Mandatory Arbitration and Class Action/Jury Trial Waiver
In the unlikely event that WeVoice+ is not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at http://www.adr.org/.
Class Action and Jury Trial Waiver
Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver
Copyright and the DMCA
Accessibly respects the intellectual property rights of others and requires that you and all of our users do the same. If you believe that content or other activity taking place on our site or services constitutes infringement of a work protected by copyright, please provide Accessibly’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)
Miscellaneous Terms and Conditions
The Services are controlled and operated from Hong Kong SAR. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Hong Kong and local laws and regulations. You warrant that you are not prohibited from receiving Hong Kong origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by Hong Kong, or are a foreign person or entity blocked or denied by the Hong Kong SAR government.