I. Introduction
These Terms of Use and End User License Agreement (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and Voxio ("we," "us" or "our"), concerning your access to and use of our mobile application and website available at voxio.app (hereinafter, the "Service").
All the documents that relate to the Service are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before using the Service. By using the Service you indicate that you have read, understood, agreed and accepted this Agreement. If you do not agree with this Agreement, or if you do not agree with at least one of its provisions, you are not authorized to access and/or use the Service and you must promptly discontinue such access and/or use.
II. Changes to This Agreement
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. Your continued use of the Service after a revised Agreement is posted constitutes your acceptance of those changes.
III. Restrictions on Who Can Use the Service
In order to access and/or use the Service, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to access and/or use the Service. If you are between the ages of thirteen (13) and seventeen (17) years, you must: (a) confirm that your parent or guardian has read and agreed to this Agreement; and (b) have the power to enter a binding contract with us and not be barred from doing so under applicable laws.
Parents and guardians must directly supervise any access and/or use of the Service by minors.
Any person under the age of thirteen (13) years is not permitted to access and/or use the Service.
IV. General Terms
The Service is intended only for your personal non-commercial use. You agree not to use the Service for any illegal, inappropriate, or unauthorized purpose or activity.
V. Privacy Policy
Your privacy is very important to us. We have developed a Privacy Policy so that you understand how we process, use and store information including personal data. By accessing and/or using the Service, you are deemed to have accepted our Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Service.
VI. End User License Agreement
By using the Service, you agree to respect our intellectual property rights (including source code, graphic design, user interface, look and feel, content, copyright and trademarks, hereinafter the "Intellectual Property Rights") as well as those owned by third parties.
As long as you use the Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Service pursuant to this Agreement (the "License").
You may use the Service solely for your own non-commercial purposes. The source code, design, and content — including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (the "works") — as well as names, logos and trademarks (the "means of individualization") are protected by copyright laws and other applicable laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, or broadcasted whether in whole or in part, unless expressly permitted by us.
All rights, title and interest in and to the Service and its content are the exclusive property of Voxio and/or our partners and/or contracted third parties, are protected by applicable international and national legal provisions, and are under no circumstances transferred to you within the context of the license herein.
VII. Prohibited Behaviour
You agree not to use the Service in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as copyright infringement or computer misuse.
You shall not modify, translate, reverse engineer, decompile, disassemble or otherwise create derivative works from the Service or any documentation concerning the Service.
You shall not transfer, lend, rent, lease or distribute the Service, or use it for providing services to a third party, or grant any rights to the Service or any documentation concerning the Service to a third party.
Misuse of any trademarks or any other content displayed within the Service is prohibited. You shall not copy, duplicate, distribute or publish any content in the Service in violation of our Intellectual Property Rights.
All disputes arising from the usage of the Service shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, USA.
VIII. Availability, Security and Accuracy
We do not warrant that the Service will be compatible with all hardware and software which you may use. We make no warranty that your access to the Service will be uninterrupted, timely or error-free.
The quality and availability of the Service may be affected by factors outside our reasonable control. We may add new features, change, update, or modify the Service without notice. If the need arises, we may suspend access to the Service or close it indefinitely.
You warrant that any information you submit to us via the Service is true, accurate and complete.
IX. Subscriptions and Charges
Access to certain features within Voxio requires a paid subscription. The full list of premium options and pricing is available on the App's page on the App Store. You will have an opportunity to try premium features during the free trial period as shown on the signup screen.
After the free trial period expires, an auto-renewing subscription will start automatically. You will be charged unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to the basic features of Voxio.
Your subscription will automatically renew within 24 hours before the current subscription period ends. Auto-renewal can be turned off in your Apple ID account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during an active subscription period.
We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time. Please note that removing the app from your device does not cancel your subscription.
X. Third Party Websites and Resources
The Service may link you to other sites on the Internet. We have no control over and accept no responsibility for the content of any third-party website or application to which a link from the Service exists. Such linked websites and applications are provided "as is" for your convenience only with no warranty, express or implied.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. Any queries or concerns about third-party websites must be directed to the operator of that website.
XI. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR THROUGH THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. Limitation of Liability
IN NO EVENT SHALL VOXIO BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE SERVICE. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE SERVICE IN ANY COUNTRY.
XIII. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. Governing Law and Claims
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any claims shall be exclusively decided by courts of competent jurisdiction in New York, USA. If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim arises out of or relates to the Service or this Agreement, you and we agree to send a written notice to each other providing a reasonable description of the dispute along with a proposed resolution. For a period of sixty (60) days from the date of receipt of notice, we will engage in a dialogue to attempt to resolve the dispute, though nothing will require either party to resolve the dispute on terms they are not comfortable with.
XV. Termination
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon termination: (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Service.
XVI. Severability
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer the contract between you and us to any other person.
XVII. Contact Information
For any requests, questions, or feedback, please contact us at support@voxio.app.