Morgan Stanley Voice-driven Capability - Terms of Use
Who we are
Morgan Stanley Services Group Inc. (“Morgan Stanley”) is pleased to offer you use of the Morgan Stanley voice-driven capabilities available in connection with selected third party Provider Services (each a “Capability”). A “Provider Service” refers, as applicable, to the following services and any associated compatible devices: Amazon’s Alexa service and Google’s Google Assistant service (where a “Capability” may be referred to as “skills” or “actions” (as applicable)).
Morgan Stanley has its principal office at:
1585 Broadway
New York
10036
Tel: +1 212 761 4000
Our Terms
Please read these terms carefully before you use or enable any Capability. By using and/or enabling any Capability, whether by clicking “Enable” or by verbally enabling the Capability through any compatible device, you agree to be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, please do not use the Capability.
We may make changes to these Terms from time to time with or without notice to you. Every time you wish to use a Capability, please check these Terms to ensure you understand the terms that apply at that time. Please also check the terms that apply to each Capability you are accessing as additional terms may apply.
The words “we,” “us,” and “our” refer to Morgan Stanley. The words "you," "your," "yours" mean you, the user who has used and/or enabled the Capability.
The contract is concluded in English language. The acceptance of these terms constitutes a written contract between the user and Morgan Stanley. The contract is saved and stored (registered) by Morgan Stanley and may be retrieved upon request.
Access to Information
The Capability allows you to use Provider Services through a compatible device, such as, in the case of Amazon, an Echo Dot or Fire TV Stick, or in the case of Google, a Nest Hub or Nest Mini, to interact with Morgan Stanley via voice. Alexa is a service of Amazon.com Inc or its affiliates (“Amazon”), not Morgan Stanley, and is enabled by Amazon’s systems. Google Assistant is a service of Google LLC (“Google”), not Morgan Stanley, and is enabled by Google’s systems. Morgan Stanley has no control over Provider Services, including those systems, devices and/or the associated services, and is not responsible for any loss caused or damage suffered by you in connection with your use of them.
Your interactions with Morgan Stanley through the applicable Provider Service may be recorded in part or whole by your compatible device or by the Provider Service, which recording will be wholly governed by the terms applicable to the Provider Service. Please review and refer to your agreement with each Provider Service (as applicable) regarding how the Provider Service and your compatible device(s) treat those interactions; the terms of those agreements (and any other Provider Service rules and policies) will continue to apply to your use of the compatible device and associated services at all times.
Once you use and/or enable the Capability, Morgan Stanley treats all communications received from the Provider Service via the Capability as originating from you or your authorized representative. Additionally, you should be aware of your surroundings as verbal commands when using the Capability may be overheard by those nearby.
Accuracy
You understand, acknowledge and agree that not all commands and questions may be understood and/or recognized by the Provider Service. You therefore agree that Morgan Stanley is not responsible for any inaccuracies that result from misunderstood or unrecognized commands and/or questions when you use the Capability.
Third Party Information
Certain information provided to you through the Capability has been independently obtained from third parties, various securities markets (such as stock exchanges and their affiliates) and suppliers of market data and through other sources outside of Morgan Stanley. As such, the accuracy, completeness, timeliness, and correct sequencing of such information is not guaranteed by Morgan Stanley, the third party providers or any other parties transmitting the information. There may be delays, omissions or inaccuracies in such information transmitted via the Capability.
Market Information
You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate its data. You also understand that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information or messages disseminated by any party. No disseminating party shall be liable in any way for any inaccuracy, error message or any loss or damage arising from or occasioned by any inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption of any such data, information or message due to any reason outside of its control.
You understand, acknowledge and agree that these Terms may be enforced directly against you by Morgan Stanley or by the national securities exchanges and associations or by any supplier of market data providing the market data. You also acknowledge that the use of the Capability through the Provider Service may introduce additional delays in reporting market data as requests and responses are translated to and from vocal commands and responses, and that Morgan Stanley, Amazon, Google, the national securities exchanges and associations and any supplier of market data shall not be liable in any way for such delays.
Your Use
Whenever you use the Capability, you must only use it for lawful purposes. You may not use it in any way that breaches any applicable law or regulation, or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
Any interaction you have with the Capability will be considered non-confidential and non-proprietary.
Content Standards
Your interactions with the Capability must not be defamatory of any person, be obscene, offensive, hateful or inflammatory, bully, insult, intimidate or humiliate, promote sexually explicit material, include child sexual abuse material, promote violence, promote discrimination, infringe any rights of any person, be likely to deceive any person, breach any legal duty owed to a third party, promote any illegal content or activity or be in contempt of court.
Proprietary Rights
All right, title and interest in the content you access via the Capability is the exclusive property of Morgan Stanley, its affiliates and/or its third party providers. Unless otherwise specified, the Capability is for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any content or material obtained from the Capability, without Morgan Stanley's prior written approval.
Morgan Stanley, the Morgan Stanley logo and other Morgan Stanley trademarks and service marks referenced herein are trademarks and service marks of Morgan Stanley. You are prohibited from using any marks for any purpose without the written permission of Morgan Stanley.
Limitation of Liability
Each Capability is made available to you free of charge. We may suspend or withdraw or restrict the availability of all or any part of any Capability for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
To the fullest extent permitted by applicable laws (and note, your rights may vary from jurisdiction to jurisdiction), in no event will Morgan Stanley, its affiliates, or any third party, be liable to you or to anyone else for (i) any consequential, incidental, special or indirect damages, or (ii) lost profits, trading losses and/or damages that result from your use of the Capability, even (in each case) if Morgan Stanley, or any third party, have been advised of the possibility of such damages or losses.
This limitation on liability includes, but is not limited to, and you agree that we are not liable for any loss caused directly or indirectly by, the transmission of any viruses which may infect a user's device or equipment, any failure of mechanical or electronic equipment or communication lines, telephone or any other interconnect problems (for example, if you cannot access your internet service provider), any unauthorized access to your account, theft, operator errors, or any force majeure event (which shall include (but is not limited to) any event beyond our reasonable control, for example, government restrictions, exchange or market rulings, suspension of trading, war, civil disturbances, terrorism, strikes, natural calamities, pandemic, epidemic, acts or omissions of exchanges, specialists, markets, clearance organizations or information providers).
You agree to indemnify us against and from all costs, losses and expenses to which we may be liable or for which we may become liable by reason of any legal proceeding relating to your use of the Capability. This means you will be responsible for any loss or damage we suffer as a result of your use of the Capability.
Disclaimer of Morgan Stanley Responsibility
You acknowledge that your use of the Capability shall be at your sole risk and you assume any and all risks incidental to and arising out of the use thereof.
The Capability is provided on an “as is” and “as available” basis, with all faults. Morgan Stanley makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Capability or any content thereon. Morgan Stanley does not warrant that the Capability will (a) be uninterrupted, error-free, secure, or free of viruses or other harmful components or that the Capability can operate in combination with any other hardware, software or systems or (b) meet your requirements or expectations.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by Morgan Stanley to the maximum extent permitted by applicable law.
The Capability may be subject to limitations, delays or other problems which are inherent in the use of the internet and electronic communications. Morgan Stanley cannot and does not guarantee continuous, uninterrupted or secure access to the Capability and is not liable for any interruptions to your access of the Capability.
Morgan Stanley will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Capability. Neither Morgan Stanley, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Capability, or resulting from the act or omission of any other party involved in making the Capability available to you, or from any other cause relating to your access to, inability to access, or use of the Capability, whether or not the circumstances giving rise to such cause may have been within the control of Morgan Stanley or of any vendor providing software or services.
No Offers or Solicitations
The information and content provided through or otherwise relating to the Capability, whether provided by Morgan Stanley or any third party, as well as these Terms, are for informational purposes only and are not to be construed as an endorsement, recommendation, investment advice, financial information service or an offer or solicitation to buy or sell securities or other financial instruments of any kind or to participate in any trading strategy. The information and content provided through the Capability should not be used as a basis for any investment decision as it is based on public information (as of the time it was created) and does not provide individually tailored investment advice. It has been prepared without regard to your financial circumstances and objectives. Any strategies and/or investments discussed may not be suitable for you. The appropriateness of a particular investment or strategy will depend on your individual circumstances and objectives. Morgan Stanley has no obligation to provide updated information with respect to the content on the Capability, in whole or in part.
Morgan Stanley recommends that you independently evaluate the information and content provided through the Capability, whether provided by Morgan Stanley or any third party, as well as these Terms and particular investments and strategies, and encourages you to seek the advice of an independent financial advisor.
Morgan Stanley Client Status
Neither these Terms nor your use of the Capability is meant to imply, infer, and/or confer directly and/or indirectly Morgan Stanley client status upon you. If, at the time you use and/or enable the Capability you are a client of Morgan Stanley or if you become a client of Morgan Stanley at any time subsequent thereto, nothing in these Terms nor in the use of the Capability supersedes or amends your Morgan Stanley Client agreement and any and all other agreements and contracts that govern your client relationship with Morgan Stanley, which shall each remain in force.
Privacy & Cookies
Morgan Stanley may process limited amounts of personal data as part of and/or in connection with your access and/or use of the Capability. This includes your device ID. To find out more information about how Morgan Stanley processes personal data, see Our Privacy & Cookies Policy.
The third party Provider Services may also collect personal data about you when you use the Capability. Please ensure you have read their privacy policies to ensure you understand how they will process, and may use, your personal data.
Governing Law and Jurisdiction; No Jury Trial
To the maximum extent permitted by applicable law, (a) these Terms shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its choice of law principles; and (b) the exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be a state or federal court located in the County and State of New York. You hereby irrevocably waive any right you may have under any applicable law to a jury trial.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between Morgan Stanley and you with respect to the Capability and supersede all prior or contemporaneous communications, agreements and understandings between Morgan Stanley and you with respect to the subject matter hereof. A printed version of these Terms shall be admissible in judicial or administrative proceedings.
Nothing in these Terms will affect your legal rights as a consumer.
Last updated: October 13, 2021