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By using NoAud you agree to NoAud Terms of Service
NoAud Terms of Service
Last Updated: May 1, 2023
1. Introduction
Welcome to NoAud, a digital product developed by Ataraxy ("Company", "we", "us", "our"). NoAud provides audio message transcription services (the "Services") to users. By accessing, using, or subscribing to our Services, you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of the Services ("User", "you", "your").
Please read these Terms carefully, as they contain important information about your rights and obligations when using our Services. If you do not agree with these Terms, do not use or access the Services.
2. Modifications to the Terms
We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of any changes by posting the updated Terms on our website or application. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any modified Terms, you must stop using the Services.
3. Eligibility and Account Registration
By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are accessing the Services on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms.
You may be required to register for an account to access certain features of the Services. You agree to provide accurate and complete registration information and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. User Content and Data
By using the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or data you submit, post, or otherwise make available through the Services ("User Content"). This license allows us to operate, maintain, and improve the Services, and to develop new services and features.
You represent and warrant that you own or have the necessary rights to submit, post, or otherwise make available the User Content, and that your User Content does not violate any applicable laws, third-party rights, or these Terms.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities when using the Services:
a. Submitting, posting, or otherwise making available any content or data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
b. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
c. Violating any applicable laws or regulations, or encouraging or promoting any illegal activity;
d. Attempting to gain unauthorized access to any accounts, systems, or networks, or circumventing any security measures;
e. Using the Services for any purpose that is not expressly permitted by these Terms.
6. Intellectual Property Rights
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are the exclusive property of Ataraxy or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS. ATARAXY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATARAXY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF SERVICE, OR OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ataraxy, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, actions, demands, liabilities, settlements, losses, damages, expenses, and costs, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your User Content, or your use of the Services.
10. Third-Party Links and Services
The Services may contain links to third-party websites, applications, or services that are not under our control. We do not endorse, and are not responsible or liable for, the content, privacy policies, or practices of any such third-party websites, applications, or services. You acknowledge and agree that your use of any third-party links or services is at your own risk and is subject to the terms and conditions of use applicable to such sites or services.
11. Termination
We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice, effective immediately. If you wish to terminate your account, you may do so by discontinuing your use of the Services and deleting your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Ataraxy is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the same jurisdiction as Ataraxy for the resolution of any disputes arising out of or relating to these Terms or the Services.
13. General Provisions
a. Entire Agreement: These Terms, together with any applicable privacy policy and any other agreements or terms incorporated by reference herein, constitute the entire agreement between you and Ataraxy concerning your use of the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between the parties with respect to the subject matter hereof.
b. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall otherwise remain in full force and effect.
c. Waiver: The failure of Ataraxy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ataraxy.
d. Assignment: You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing shall be null and void. Ataraxy may assign these Terms or any of its rights or obligations hereunder without your consent.
e. Force Majeure: Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
f. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
g. Notices: All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given upon receipt, when delivered personally, upon receipt of a confirmation when sent by email, or upon the expiration of five (5) days after the date of mailing when sent by registered or certified mail, postage prepaid, return receipt requested.
14. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at the email address or physical address provided on our website or application.
15. Data Usage and Storage
By using the Services, you acknowledge and agree that Ataraxy may store, process, and use your data, including but not limited to your User Content, for any purpose in accordance with our privacy policy, applicable laws, and these Terms. Ataraxy reserves the right, in its sole discretion, to store, delete, or otherwise manage any data submitted or generated through the Services.
16. Limitation on Claims
You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any statute or law to the contrary.
17. Dispute Resolution and Arbitration
a. Agreement to Arbitrate: You and Ataraxy agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth below.
b. Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
c. Arbitration Procedures: The arbitration will be governed by the rules of a recognized arbitration body in the jurisdiction in which Ataraxy is incorporated, as modified by these Terms, and will be administered by that arbitration body. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
d. No Class Actions: You and Ataraxy agree that any arbitration will be limited to the dispute between Ataraxy and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
18. Miscellaneous Legal Provisions
No provision of these Terms shall be interpreted against Ataraxy by virtue of having drafted such provision. The language of these Terms shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either party.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, unauthorized use of Ataraxy's intellectual property or confidential information, may cause irreparable injury to Ataraxy, such injury would not be quantifiable in monetary damages, and Ataraxy would not have an adequate remedy at law. You therefore agree that Ataraxy shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.
The rights and remedies provided to Ataraxy in these Terms are cumulative and in addition to any other rights and remedies available to Ataraxy at law, in equity, or otherwise. Ataraxy's failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
19. Export Control
You agree to comply with all applicable export and import laws and regulations when using the Services. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory to which the export, re-export, or import of any product, service, or technology is prohibited by the laws of the jurisdiction in which Ataraxy is incorporated.
20. Additional Terms for Mobile Applications
If you access the Services through a mobile application, you acknowledge and agree that:
a. The terms and conditions of the mobile application store from which you downloaded the application may also apply to your use of the Services, and you agree to comply with such terms and conditions.
b. The mobile application may automatically download and install updates from time to time, which are designed to improve, enhance, and further develop the Services. You agree to receive such updates as part of your use of the Services.
21. Acknowledgment of Rights
You acknowledge that you have read and understood these Terms and agree to be bound by them. You further acknowledge that these Terms constitute the complete and exclusive statement of the agreement between you and Ataraxy, and that they supersede any proposal or prior agreement, oral or written, and any other communications between you and Ataraxy relating to the subject matter of these Terms.
By using the Services, you acknowledge that Ataraxy is not responsible for any damages, losses, or liabilities arising out of your use of the Services, including but not limited to any errors, inaccuracies, or omissions in the transcription of audio messages or the storage or handling of data. You also agree that Ataraxy has the right to use, disclose, or dispose of any data submitted or generated through the Services in any manner it deems appropriate, in accordance with applicable laws, its privacy policy, and these Terms.
22. Amendments and Changes
Ataraxy reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Ataraxy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
23. Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Ataraxy. You shall not hold yourself out as a partner, joint venturer, agent, or employee of Ataraxy or bind or attempt to bind Ataraxy to any contract or obligation.
24. Electronic Communications
By using the Services, you consent to receive electronic communications from Ataraxy. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. These electronic communications are part of your relationship with Ataraxy. You agree that any notices, agreements, disclosures, or other communications you electronically will satisfy any legal communication requirements, including that such communications be in writing.
25. Privacy
Your use of the Services is subject to Ataraxy's Privacy Policy, which is incorporated herein by reference. By using the Services, you acknowledge and agree that you have read and understand the Privacy Policy, and you consent to the collection, use, and disclosure of your information as set forth in the Privacy Policy.
26. International Users
The Services are controlled, operated, and administered by Ataraxy from its offices within the jurisdiction in which it is incorporated. If you access the Services from a location outside of that jurisdiction, you are responsible for compliance with all local laws. You agree that you will not use the Services or any content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
27. Assignment
Ataraxy may assign its rights and duties under these Terms to any party at any time without notice to you.
28. No Rights of Third Parties
These Terms do not create any rights for any third parties or any person other than you and Ataraxy, except for Ataraxy's affiliates, officers, directors, employees, agents, and licensors, who shall be deemed third-party beneficiaries of these Terms.
29. Equitable Relief
You acknowledge and agree that your breach of these Terms may cause irreparable harm to Ataraxy, and that, in the event of such breach, in addition to any and all remedies at law, Ataraxy shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction.
30. Language
These Terms were originally prepared in the English language. Although Ataraxy may provide one or more translations for your convenience, the English version of these Terms will be the controlling version, and any discrepancies between the English version and any translation shall be resolved in favor of the English version.
31. Questions and Contact Information
If you have any questions regarding these Terms, the Services, or your dealings with Ataraxy, please contact us using the contact information provided on our website or application.
Please note that this document is intended to serve as a comprehensive and protective Terms of Service for Ataraxy and its NoAud product. It is crucial to have a legal professional review and advise on the enforceability and compliance of these Terms with the applicable laws and regulations in the jurisdiction where your business operates. This document should not be considered legal advice and is provided for informational purposes only.
32. Beta Versions and Pre-Release Features
From time to time, Ataraxy may, in its sole discretion, offer you access to pre-release features or beta versions of the Services. These features and versions may be incomplete or contain bugs, errors, or other issues. Your use of such pre-release features or beta versions is at your own risk. Ataraxy makes no guarantees or warranties about the performance or reliability of these features or versions, and any feedback you provide about your experience with them may be used by Ataraxy to improve the Services without any obligation to compensate you.
33. Promotions and Offers
Ataraxy may, at its sole discretion, offer promotions, discounts, or special offers related to the Services. The terms and conditions of any such promotion, discount, or offer shall be provided at the time of the promotion, discount, or offer and shall be subject to these Terms.
34. Compliance with Laws
You agree to comply with all applicable laws, rules, and regulations when using the Services, including, without limitation, any laws and regulations governing data protection, privacy, and the transmission of technical data exported from the jurisdiction in which you reside.
35. DMCA Notice and Takedown Policy
Ataraxy respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement and is accessible through the Services, please notify our designated Copyright Agent, as set forth in the U.S. Digital Millennium Copyright Act of 1998 ("DMCA"). Our Copyright Agent can be reached at the contact information provided on our website or application.
Please note that this section is provided for informational purposes only and is not intended to serve as a comprehensive guide to the DMCA or your legal rights and obligations under the DMCA. You should consult with a legal professional for advice on your specific situation.
36. Infringement Policy
Ataraxy reserves the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of users who repeatedly infringe the intellectual property rights of others.
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