Audiosignals.io OWNS AND OPERATES THE WEBSITE LOCATED AT Audiosignals.io (“Website”) FOR USE AND ACCESS THE Audiosignals.io SERVICE WHICH ENABLES USERS TO ANALYZE PODCASTS. IT ALSO APPLIES TO USERS WHO UPLOAD ANY MATERIALS THROUGH THE SERVICE, USERS WHO SIMPLY VIEW CONTENT AVAILABLE ON THE WEBSITE.
Use Criteria. In order to access the Service, you must meet the following criteria: (i) be 18 years or older; (ii) not be a competitor of Audiosignals.io or access the Service in order to compete with us; (iii) agree to comply with these Terms of Service; and (iv) confirm that by using the Service you will not violate any third party rights. If you meet these criteria you may become a registered user, have log in and register via any supported messaging client (eg. Google; LinkedIn, Facebook; Twitter), or enter into a Purchase Order. However you acknowledge and agree that you are solely responsible for covering the cost of Internet access and any cellular charges that arise in relation to your use of the Service.
Customer as Controller. Customer agrees that if Customer, or any data submitted by Customer to the Audiosignals.io Service, is subject to the General Data Protection Regulation (“GDPR”), or related laws including related laws of European Union member states: (i) Customer is the data controller of such data and Audiosignals.io is a data processor of such data; and (ii) Customer further represents that Customer has undertaken all requirements to comply with all privacy and data protection laws including but not limited to GDPR. Such requirements may include but are not limited to maintaining adequate records and registration requirements with supervising or other regulatory authorities.
Legitimate purpose/consent. Customer agrees and represents to Audiosignals.io that all personal information Customer collects, provides, or otherwise uses in any way in relation to the Service is necessary for Customer’s legitimate interest and is not overridden by fundamental rights of the subject individual, and otherwise that Customer has all rights and obtained all necessary consents to collect, provide, manage, all personal information Customer provides to Audiosignals.io for any purpose. Customer further represents and warrants that Customer will not collect, provide or otherwise use in any way in relation to the Service any special category of personal data as described in GDPR.
Access. You can access and use the Service from any computer or a personal mobile device. In creating an account for the Service you agree to keep your password secure and confidential; not permit any one to use your account or use another user’s accounts.Pricing and Payments.
The following pricing and payment terms are applicable to the Service and any Purchase Order:
1. Subscription Fees. Subscription fees may be charged on a monthly or annual basis for certain features and versions of the Service as indicated on the Website. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We reserve the right to modify fees from time to time by providing written notice to your email account and the Website notifying you of the changes. Any change in fees will take effect 30 days after the date of notification and for monthly subscriptions, the new charges will apply from the beginning of the next billing cycle. For annual subscriptions, the change in fees will be reflected through a pro-rated increase in the monthly fees for the remaining term of your then current subscription.
2. Invoicing and Payment. Subscription fees will be invoiced in advance on the basis specified in the applicable Purchase Order executed by the parties. Unless otherwise stated in writing, charges are due net thirty (30) days from the invoice date. You are responsible for maintaining complete and accurate billing and contact information with Audiosignals.io .
3. Overdue Payments. Any payments not received from you by the applicable due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Audiosignals.io ’s’ discretion, late charges will be the maximum rate permitted by law.
4. Taxes. Taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise stated, Audiosignals.io ’’s fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes“). You are responsible for paying all Taxes associated with your purchases hereunder, excluding taxes based on Audiosignals.io ’s net income or property. If Audiosignals.io has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide Audiosignals.io with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Audit Rights. Audiosignals.io shall have the right to use the capabilities of the Service to confirm the number of users using the Audiosignals.io Service and your compliance with this Agreement.
6. Suspension of Service. If your account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any of its other rights or remedies, Audiosignals.io reserves the right to suspend the Audiosignals.io Service provided to you, without liability to you, until such amounts are paid in full.
Restrictions on User Content and Use of Audiosignals.io .
In using Audiosignals.io You shall not:
1. copy any content unless expressly permitted to do so herein;
2. upload, post, email, transmit or otherwise make available any content or material that:
a) You do not have a right to make available under any law or under a contractual relationship;
b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
d) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
e) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
f) impersonate any person or entity or misrepresent their affiliation with a person or entity;
g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
h) interfere with or disrupt the Website or servers or networks connected to the Audiosignals.io Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
i) intentionally violate any applicable local, state, national or international law or regulation; collect or store personal data about other users or viewers except as expressly permitted through Audiosignals.io for the purpose of receiving the Audiosignals.io Service;
j) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Audiosignals.io ;
k) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Audiosignals.io software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
l) access the Audiosignals.io Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Audiosignals.io Service; or register for Audiosignals.io on behalf of a group or corporate entity the Audiosignals.io Service is intended for individuals and their business use only.
Customer Data means all electronic data or information submitted by you and / or your users (the “Customer”) to the Audiosignals.io Service and may include User Content. As between Audiosignals.io and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. Customer Data is deemed Customer’s Confidential Information under this Agreement as defined below. Audiosignals.io shall not access Customer Data, including User Content, except as provided for generally in these Terms. Audiosignals.io may access Customer Data to respond to service or technical problems or at Customer’s request or as necessary for the operation of the Service or billing. Customer hereby grants Audiosignals.io a non-exclusive license for the Term (and for thirty (30) days thereafter) to use and otherwise exploit the Customer Data as reasonably required to provide the Audiosignals.io Service. The forgoing license shall include the right for Audiosignals.io to use and copy the Customer Data for the purpose of creating aggregated and anonymized statistical analytics in respect to Audiosignals.io Service use and other service and user parameters and characteristics (“Aggregated Statistics”), provided that the license in respect to Aggregate Statistics shall be perpetual, irrevocable and unlimited.
Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of pricing and other terms reflected in a Audiosignals.io Purchase Order hereunder, the Customer Data, the Audiosignals.io Service, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, except with the Disclosing Party’s prior written permission.
Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections in these Terms, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate.
End User License.
Except for User Content and Customer Data, the this Website, and the information and materials that it contains or incorporates by reference, are the property of Audiosignals.io Software Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license to use Audiosignals.io for your own use, The Audiosignals.io service is licensed to you and not sold. Nothing in the Terms gives you a right to use the Audiosignals.io names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions contained in Audiosignals.io . Any future release, update, or other addition to functionality of the Audiosignals.io Service or Audiosignals.io App shall be subject to the terms of these Terms.
If You provide us with any suggestions, comments or other feedback relating to any aspect of Audiosignals.io (“Feedback”), we may use such Feedback in the Website, the Audiosignals.io Service, or in any other products or services we offer or may offer (collectively, “Audiosignals.io Offerings”). Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) we (including all of its successors and assigns and any successors and assigns of any of the Audiosignals.io Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Audiosignals.io Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from us or any of the other users of the Website in respect of the Feedback.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, Audiosignals.io SERVICE, Audiosignals.io APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Audiosignals.io IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE Audiosignals.io SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE Audiosignals.io , (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE Audiosignals.io SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR Audiosignals.io APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Account Suspension and Termination.
1. Availability & Updates. We may alter, suspend, or discontinue the Audiosignals.io Service if required to by law or due to unforeseeable forecasts. Where possible we will endeavor to give you advance notice of the same. The Website, Audiosignals.io Service and/or the Audiosignals.io App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on Audiosignals.io without notice.
2. Security. Information sent or received over the Internet is generally unsecure and Audiosignals.io cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Audiosignals.io Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim please contact us at: mazy@Audiosignals.io
Last Updated: July 5, 2021