Please read these Terms of Service (collectively with the Privacy Policy and DMCA Copyright Policy, the "Terms") fully and carefully before using www.paper2audio.com (the "Site") and the services, features, content or applications, including the paper2audio application (the "Application") offered by PerfectRec Inc. ("PerfectRec", "we", "us" or "our") (together with the Site, the "Services"). These Terms constitute a legally binding agreement made between you and us, whether personally or on behalf of an entity ("you").
Acceptance of Terms of Service
- Agreement to Terms. You agree that by accessing the Site, the Application or using the Services, you have read, understood, and agreed to be bound by all of these Terms. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- Eligibility. The Services are for people who are 18 or older. If you are under 18 (or legally a minor in your jurisdiction), you need permission from a parent or guardian, and they must supervise your use of the services. They should also read and agree to these terms before you start using the services.
- Supplemental Terms and Changes to Terms. We may add supplemental terms and conditions or documents from time to time and we may make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. 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 by your continued use of the Services after the date such revised Terms are posted.
- User Account Registration. You may be required to register to use the Services. 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.
- User Representations. By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Terms; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose or to violate any applicable law or regulation; and (6) you will only register an account using your own email address and name or an email address and name you have authorization to use. 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 any and all current or future use of the Services (or any portion thereof).
Services
- Availability of Services. The Services and are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would violate laws or regulations or would require us to register with the government of the jurisdiction. If you choose to access the Services from outside our intended locations, you are solely responsible for following any local laws that apply. You may not access or use the Services if you are located in, ordinarily resident in, or organized under the laws of any country or territory that is subject to comprehensive U.S. sanctions, or if you are otherwise a person blocked or denied under applicable U.S. sanctions or export control laws. The right to access the Services is revoked if these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation in your location.
- Content.
- Content. "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
- User Content. "User Content" includes, without limitation, all Content added, created, uploaded, submitted, distributed, or posted to the Services by users.
- We do not guarantee that any Content or User Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content or User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Content or User Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content or User Content from the Services.
- Services Management. We may–but are not required to–do the following:
- Monitor your use of the Services for violations of these Terms;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
- In our sole discretion and without limitation, refuse, restrict access to, or disable the Services and/or any of your Content;
- Subject the Services to hourly, size and length restrictions as described on our Pricing page (all restrictions from the Pricing page are incorporated herein by reference);
- In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
- User Data. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption of such data.
- Termination. These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 OR OF ANY APPLICABLE LAW OR REGULATION AND YOU WILL NOT BE ENTITLED TO A REFUND OF SUBSCRIPTION SERVICES UNLESS REQUIRED BY LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN 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.
- Modifications and Interruptions.
- We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Services.
- We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
- Services & Warranty Disclaimer.
- THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. THESE DISCLAIMERS WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE SERVICES.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES 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 THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES 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 THE SERVICES, (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 THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, (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 THE SERVICES, AND/OR (7) LOSS OF DATA.
- WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY AUDIO OUTPUT GENERATED THROUGH THE SERVICES, INCLUDING SUMMARIES OR INTERPRETATIONS OF USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU UPLOAD TO THE SERVICES AND WE MAKE NOT REPRESENTATIONS REGARDING ITS LEGALITY, ACCURACY, OR SUITABILITY FOR CONVERSION. ANY CONTENT GENERATED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL, ACADEMIC, MEDICAL, OR LEGAL ADVICE.
- THE SERVICES MAY USE MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TO GENERATE OR SUMMARIZE AUDIO CONTENT. YOU UNDERSTAND AND AGREE THAT SUCH CONTENT IS AUTOMATICALLY GENERATED, MAY CONTAIN ERRORS, OMISSIONS, OR BIASES, AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, ACADEMIC ANALYSIS, OR INDEPENDENT RESEARCH. WE MAKE NO WARRANTIES AS TO THE ACCURACY OR APPROPRIATENESS OF AI-GENERATED OUTPUTS.
- WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE 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.
License to use the Services and Outputs
Subject to these Terms, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license to use the Services. “Outputs” means audio files the Services generate from content you provide (“Source Material”).
- Free plan: You may download and use Outputs for personal, non-commercial purposes only. Public sharing or commercial use is not permitted on Free.
- Plus (paid) plan: You may download and share Outputs for commercial purposes (e.g., internal business use, client work, courses you teach, podcasts/videos you produce), so long as: (i) you do not sell, license, or rent the Outputs as a stand-alone audio product or audio library; and (ii) you have the legal right to use and distribute the Source Material (no piracy or unauthorized distribution).
- All plans: You may not use the Services or Outputs in a way that violates third-party rights (copyright, privacy, publicity). You’re responsible for the Source Material you submit and how you use or share the resulting Outputs.
If you obtained our app via the Apple App Store or Google Play, you may use it only as allowed by the applicable store rules. We reserve all rights not expressly granted.Ownership and Intellectual Property Rights
- Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, application designs audio, video, text, photographs, and graphics on the Services (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, international copyright laws, and international conventions.
- The Content and the Marks are provided on the Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Services 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. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.
- You retain any copyright and other intellectual property rights that you may hold in the User Content that you add to the Service, subject to the licenses granted in these Terms.
Submissions by Users
- Limited License Grant to Paper2Audio. By submitting User Content through the Services, you hereby do grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, improve the Services and train models that are part of the Services and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including after your termination of your Account or the Services. We do not use User Content from Plus users to train any models that are part of the Services but may do so for free users to the extent permitted by applicable law. The foregoing license grants to us do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We are not liable for any uses of your User Content by any third-party that had access to your User Content while such User Content was available on or through the Services.
- User Content Representations and Warranties. You may not post User Content unless you own it or have full permission to grant rights to all parts of it. We are not responsible for any User Content and disclaim all liability related to it. You are solely responsible for the User Content you share and any outcomes that result from doing so. By submitting User Content through the Services, you confirm and guarantee that:
- You either created and own the User Content or have all the necessary rights, licenses, consents, and permissions to allow us and other users of the Service to use and share it as outlined in these Terms and as intended by the Service;
- Your User Content—and how it is posted or used under these Terms—does not and will not:
- Infringe on or violate any third-party rights, including confidentiality, copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, moral rights, or any other intellectual property or legal rights;
- Defame, libel, slander, or otherwise violate the privacy or rights of others; and/or
- Result in us breaking any laws or regulations, or require us to obtain additional licenses, pay fees or royalties, or give credit to any third-party;
- Your User Content is not offensive, profane, indecent, pornographic, harassing, threatening, hateful, embarrassing, or otherwise inappropriate.
- User Content Disclaimer. We are not required to edit or monitor User Content posted by you or others, and we are not responsible or liable for any such content. However, we reserve the right—at any time and without prior notice—to review, remove, edit, or block any User Content that we, in our sole discretion, believe violates these Terms, infringes on third-party rights, or is otherwise inappropriate. You understand that while using the Service, you may encounter content from various sources that could be inaccurate, offensive, indecent, or otherwise objectionable. You agree to waive any legal or equitable rights or claims you might have against us related to such content. If we are informed by a user or content owner that certain User Content may violate these Terms, we may investigate and decide—at our sole discretion— whether to remove it. We reserve the right to do so at any time, without notice.
- Monitoring Content. We do not control and do not have any obligation to monitor (a) User Content; (b) Third-Party Content; or (c) the use of the Services. However, you acknowledge and agree that we reserve the right to monitor any information sent or received through the Service, at any time and for operational or other purposes. If we choose to monitor content, we do not take on any responsibility or liability for that content or for any loss or damage resulting from its use. During such monitoring, information may be reviewed, recorded, copied, and used as described in our Privacy Policy. We may also block, filter, mute, remove, or restrict access to any User Content shared or transmitted through the Service, without any liability to the user who posted it or to other users.
- Feedback and other similar submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We own exclusive rights, including all intellectual property rights, and are 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 is no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us for paid subscribers. As a user of the Services, you agree not to:
- Scrape, copy or compile data without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Tamper with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Harm, harass, or threaten others, including our staff.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, malware, or other disruptive content.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, or decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor.
- Use the Services to infringe upon any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligation.
- Use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained or used.
Advertisers
We may allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Services and any services provided or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Payments and Billing
- Paid Services & Auto-Renewal.
- You may choose to pay for certain of our Services now or in the future ("Subscription Services"). For descriptions of the currently available Subscription Services, please see the Pricing page (all plan details from the Pricing page are incorporated herein by reference).
- IMPORTANT NOTICE–AUTOMATIC RENEWAL: Any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate unless you cancel in accordance with these Terms. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. You acknowledge and agree that we are authorized to charge your payment method for (i) the initial subscription fee at the rate disclosed at the time of purchase, and (ii) any applicable renewal at the then-current rate.
- We reserve the right to change prices or Subscription Services features, or discontinue Subscription Services at any time. If we plan to raise the price of your current paid subscription, we'll give you at least 30 days' advance notice. Any increase will apply only at your next renewal after we've given notice. Changes that do not increase what you currently pay may take effect sooner than 30 days, provided we notify you before the effective date and, in any case, before your next billing cycle. Updated prices will always be reflected on the Paper2Audio Pricing page. If you continue your subscription after the effective date, that constitutes acceptance of the new price, unless applicable law or platform rules (e.g., Apple App Store or Google Play) require your express consent. If you don't agree to a price change, you may cancel before the next renewal using the cancellation steps described in these Terms.
- Fees are exclusive of sales tax, VAT, GST, or similar taxes, which we will collect and remit where required by law, and you are responsible for any remaining applicable taxes.
- Billing.
- We use third-party payment processors ("Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use Subscription Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Subscription Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Some of the Subscription Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
- YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH BELOW. YOU AUTHORIZE US AND OUR PAYMENT PROCESSOR TO RECEIVE UPDATED CARD DETAILS FROM YOUR CARD ISSUER (E.G. NEW CARD NUMBERS OR EXPIRATION DATES) TO PREVENT SERVICE DISRUPTION.
- Cancellations & Payment Method Changes.
- You may cancel your Subscription Services at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
- To terminate your Subscription Services or change your Payment Method, visit the Pricing page or your account settings page (website only) to manage your subscription.
- Refunds.
- Subscription Services are non-refundable except where required by law. There is one exception: if you are dissatisfied with the Subscription Services for any reason, you may request a refund of your subscription fees within fourteen (14) days of your initial subscription date by emailing contact@paper2audio.com.
- If you cancel a Subscription Service, you may use your subscription until the end of your then-current term. You will not receive any prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- If we terminate your access to the Services pursuant to section 2(c) of these Terms, you will not be eligible for a refund.
Third-Party Websites and Content
The Services may contain (or you may be sent via the Services) 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 the Services or any Third-Party Content posted on, available through, or installed from the Services, 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 our approval or endorsement. If you decide to leave the Services 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 no longer govern. You should review the applicable terms and policies of any website to which you navigate from the Site or relating to any applications you use or install from the Services. 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.
Apple Devices and Application Terms
If you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
- Both you and PerfectRec acknowledge that these Terms of Service are concluded between you and PerfectRec only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that PerfectRec, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party's intellectual property rights, PerfectRec, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and PerfectRec acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Paper2Audio acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third-party (including but not limited to individuals, organizations, and governmental authorities) due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; (5) any intentional misconduct or harmful actions toward any other user of the Services with whom you connected via the Services; (6) any content you upload, submit or convert using the Services, including claims that such content infringes intellectual property or other rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY CONTENT PROVIDED OR PROCESSED THROUGH THE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE SERVICES.
Dispute Resolution
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
- Binding Arbitration.
- YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT TO ARBITRATE APPLIES TO ALL CLAIMS, WHETHER ARISING BEFORE OR AFTER THE DATE YOU AGREED TO THESE TERMS.
- If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in King County, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in King County, Washington, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
- In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
- Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
- Survival. This dispute resolution section will survive termination of your account or use of the Services.
General Terms and Conditions
- Entire Agreement, No Waiver and Severability. These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services 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. 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. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
- Governing Law and Jurisdiction. These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.
- Force Majeure. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- Assignment. We may assign any or all of our rights and obligations to others at any time.
- Agency. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services.
- Electronic Communications. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses 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.
- Notices/Contact. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at toucomplaints@Paper2Audio.com.