Terms of Service

The following terms and conditions govern all use of the VocalBird (a service provided by Rearden Software, OÜ) website and all content, services and products available at, or through, the VocalBird domain vocalbird.io (the “Website”), including, but not limited to, the VocalBird user management service (collectively with the Website, the “Services”) and the listening without an account of audio recordings. The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by VocalBird (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website and associated services and tools, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by VocalBird, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.

1. Your VocalBird Account.

If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VocalBird of any unauthorized uses of your account or any other breaches of security. VocalBird will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide all the necessary information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in Estonia (including but not limited to copyright or trademark laws). You must not create more than one account.

2. Payment and Renewal.

2.1. General Terms.

Optional paid services, such as extra capacity, are available on the Services (any such optional services, an "Upgrade"). By selecting an Upgrade, you agree to pay VocalBird the monthly or annual subscription fees indicated for that Upgrade (additional payment terms are described below). Payments will be charged on a prepaid basis on the day you sign up for an Upgrade and will cover the use of that Upgrade for a monthly or annual subscription period, as requested by you. Upgrade fees are non-refundable. To prevent fraud, we might temporarily disable your account after an upgrade to perform a manual verification.

2.2. Automatic Renewal.

Unless you notify VocalBird before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.

2.3. Fees and payment.

By signing up for a VocalBird account, you agree to pay VocalBird the monthly or annual subscription fees published on the Website as of when you registered for the Services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using the paid Services. Your monthly or annual subscription will automatically renew unless you cancel it. VocalBird reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless mentioned otherwise, the prices do not include taxes. VocalBird might change the amount charged for an ongoing subscription if we're required by law to collect new taxes.

2.4. Cancellations and Refunds.

VocalBird does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to VocalBird or in the Settings section of your account's dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, VocalBird will cease charging you for paid services and will disable your paid account.

3. Support.

The Services includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by VocalBird to respond within three business days) concerning the use of the Services. All VocalBird support will be provided in accordance with VocalBird standard practices, procedures, and policies.

4. VocalBird API

Any use of the VocalBird application programming interface (the “API”), including use of the API through a third-party product that accesses the Services, must comply with this Agreement including the following terms:

4.1. Damage and liability.

You expressly understand and agree that VocalBird shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if VocalBird has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

4.2. Rate limiting.

Abuse or excessively frequent requests to VocalBird via the API may result in the temporary or permanent suspension of your account's access to the API. VocalBird, in its sole discretion, will determine abuse or excessive usage of the API. VocalBird, in its sole discretion, may elect to warn the account owner prior to suspension.

4.3. Discontinuation.

VocalBird reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice, for any or no reason.

5. Marketing.

By creating an account, you grant VocalBird a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of VocalBird’s marketing and sales efforts, such as listing you as a VocalBird customer on the Website. You may revoke this license at any time by notifying VocalBird via email.

6. Copyright Infringement.

As VocalBird asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VocalBird violates your copyright, you are encouraged to notify VocalBird ([email protected]). VocalBird will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VocalBird will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VocalBird or others.

7. Intellectual Property.

VocalBird does not transfer to you any VocalBird or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VocalBird. VocalBird, the VocalBird logo, and all other trademarks, service marks, graphics and logos used in connection with VocalBird, or the Services are trademarks or registered trademarks of VocalBird or VocalBird licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any VocalBird or third-party trademarks.

8. Use License.

Under this license you may not:

  • Build a similar or competitive service;
  • In any way that violates any applicable local, or international law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement;
  • To send, knowingly receive, upload, download, use, or re-use any material that isn’t your voice or that you do not hold the entire and exclusive rights to;
  • To impersonate or attempt to impersonate VocalBird, a VocalBird employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm VocalBird or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without VocalBird’s prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Attempt to decompile or reverse engineer any software contained on the Website or API;
  • Otherwise attempt to interfere with the proper working of the Website.

Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by VocalBird at any time, in its sole discretion.

9. Changes.

VocalBird reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. VocalBird may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination.

VocalBird may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. In the case of a paid account, VocalBird will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.

If you wish to terminate this Agreement, you may simply discontinue using the Services.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Sections 7, 11, 12, and 14.

11. Deletion of audio recording.

VocalBird may delete any or all of your recordings any time, with or without cause, with or without notice. It is your exclusive responsibility to backup those recordings.

12. Disclaimer of Warranties.

The Services is provided “as is”. VocalBird and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VocalBird nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

13. Limitation of Liability.

In no event will VocalBird, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VocalBird under this Agreement during the twelve (12) month period prior to the cause of action. VocalBird shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty.

You represent and warrant that (i) your use of the Services will be in strict accordance with the VocalBird Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Estonia or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification.

You agree to indemnify and hold harmless VocalBird, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement, the loss, and deletion of audio recordings.

16. Governing Law.

All matters relating to the Website and these Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Estonia without giving effect to any choice or conflict of law provision or rule (whether in Estonia or any other jurisdiction).

Last modified: March 16th, 2020

Attribution

  • Bird by Danil Polshin from the Noun Project.
  • Dog photo in examples by Victor Grabarczyk on Unsplash

Made with love in Europe 🇪🇺 Get in touch with us: [email protected]

© 2020 Rearden Software, OÜ. All rights reserved. Terms of Service Privacy Policy