Thank you for using our products and services (“Services”). The Services are provided by Voxalyze GmbH (hereinafter referred to as Voxalyze or “we, “us”, “our”), registered at Pufendorfstrasse 7, 10249 Berlin, Germany (company registration number: HRB211899, district of Berlin Charlottenburg).
By using our Services (this includes voxalyze.com), you agree to these Terms and Conditions. Please read them carefully.
Content of terms
- Using our Services
- Description of Service
- Your Registration Obligation
- No Resale or Redistribution of Service
- Attribution
- Account Access
- Email Newsletter
- Unauthorized Uses
- Blocking of IP Addresses
- Registration and Subscription
- Cancellation and Refund policy
- Cancellation of service
- Modifications to Service
- Links
- Liability for our Services
- Contacting Voxalyze
- Privacy Policy
- About these Terms
1. Using our Services
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Our Services display some content that does not belong to Voxalyze. This content is the sole responsibility of the entity that makes it available.
2. Description of Service
Voxalyze provides users with access to a Visibility Optimization and Analytics toolset for audio content, including but not limited to, rank tracking tools, keyword research tools, audio content analysis tools, download tracking and application program interfaces (API). You also understand that the Service may include certain communications from Voxalyze, such as service announcements, administrative messages and that these communications are considered part of Voxalyze free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Voxalyze properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or mobile operator charges). Additionally, you must provide and are responsible for all equipment necessary to access the Service.
3. Your Registration Obligation
As a registered user of Voxalyze service, you represent that you are of legal age to form a binding contract. You also agree to:
(a) provide true, accurate, current, and complete information about yourself as prompted by the service’s registration form (the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Voxalyze has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Voxalyze has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
4. No Resale or Redistribution of Service
Except as expressly authorized by Voxalyze, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service or computer code that powers the Service.
If you do not comply with this, or Voxalyze has reasonable grounds to suspect that you do not comply with this, Voxalyze has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof). In this case, you are not eligible for any refund.
5. Attribution
By using Voxalyze, you acknowledge that all data obtained through the service remains the intellectual property of Voxalyze, and agree to attribute Voxalyze in any publication or distribution of said data.
6. Account Access
You must provide your valid email address, and any other information requested in order to complete the subscription process. You must provide a valid email address to become a Registrant. You are responsible for maintaining the security of your account and password. Voxalyze cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. Email Newsletter
By registering an account at Voxalyze you’re giving us your permission to send email notifications to the email address that you have specified upon registration.
These email notifications may include updates to Voxalyze’s toolset, tips & tutorials on using Voxalyze tools, and system messages.
Please be advised that you can opt-out from any of these emails at any time by using the “unsubscribe” link that is included at the bottom of each email that we send to you.
We may send emails via our own mailing service or via a third-party service like SendGrid or Mailchimp.
8. Unauthorized Usage
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Voxalyze. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript.
The code is Voxalyze’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by Voxalyze for use in accessing the Service. All attempts to access the website, server, or database of Voxalyze by the means of any automatic tools or in any unnatural way is prohibited and may result in termination of the client’s access to Services. Application program interfaces (API) is the only allowed way to get data using automatic tools.
You may not attempt to bypass any functionality or access features on the website directly by using custom HTTP (or other) calls or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.
You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the website.
9. Blocking of IP Addresses
In order to protect the integrity of the Service, Voxalyze reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
10. Registration and Subscription
You may become a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, you must become a subscriber to the service.
Depending on the subscription plan you select, you will be entitled to different limits.
By subscribing to any of our plans, you accept our pricing as well as the limits of the subscription. An auto-renewal of the Service is automatically activated upon purchase.
11. Cancellation and Refund policy
You can cancel your subscription anytime in the Billing section of your Dashboard by canceling the auto-renewal option. By canceling the auto-renewal option, your subscription will remain active until the end of the current pre-paid period and then expires automatically.
If you do not wish to continue using the Service, please cancel the auto-renewal option before the end of the billing period.
For annual subscriptions, we may provide a partial refund upon request, however, the amount would be based only on full months and calculated as if the monthly plan was used. We do not provide partial refunds for monthly subscriptions.
We will not refund any subscription in order to purchase the same subscription plan with the discounted price.
12. Cancellation of service
Voxalyze reserves the right of unilateral service cancellation under the following circumstances:
- Client breaks these Terms and Conditions;
- Client diverges from the normal usage patterns established by Voxalyze services;
- Client attempts to inflict damages on the reputation or normal work of voxalyze.com;
- As a response to requests for customer service;
Voxalyze receives abuse requests concerning user actions from law enforcement agencies.
Cancellation of service by the client implies that all the responsibilities about data, received by Voxalyze’s services, covered by these Terms and Conditions, are in effect.
13. Modifications to Service
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Voxalyze may also stop providing Services to you, or add or create new limits to our Services at any time.
Voxalyze users agree that Voxalyze shall not be liable, to you or to any third party, for any modification, suspension, or discontinuance of the service.
14. Links
The Service may provide links to other World Wide Web sites, Audio Content or Podcast Listening or Hosting Platforms or resources. Because Voxalyze has no control over such sites or resources, users acknowledge and agree that Voxalyze is not responsible for the availability of such external sites or resources, does not endorse said sites/resources, and is not responsible, nor liable for any content, advertising, or other materials on or available from such sites or resources. Users further acknowledge and agree that Voxalyze shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related in any way to use of or reliance on any such content, goods, or services available on or through any such site or resource.
15. Liability for our Services
Voxalyze will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages when permitted by law.
To the extent permitted by law, the total liability of Voxalyze, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the services again).
In all cases, Voxalyze will not be liable for any loss or damage that is reasonably foreseeable.
The services and information are provided on an “as is” and “as available” basis without any warranty.
16. Contacting Voxalyze
Voxalyze may be contacted by email at [email protected].
By contacting Voxalyze, the client grants Voxalyze a worldwide, non-exclusive, perpetual right to any ideas, information, designs, or other material contained in any communication, except when the client has obtained prior written agreement from Voxalyze management.
The client agrees not to pass Voxalyze any commercially sensitive information and data about their own operations.
The client accepts that information sent to Voxalyze will not under any circumstance be considered subject to any form of a non-disclosure agreement, except when the client has obtained prior written consent from Voxalyze management.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as received by Voxalyze if the client receives a manually created response.
With the exception of the above points, all discussions over email are deemed informal, and should only be taken as binding when indicated by Voxalyze management.
Any suggestions, mention, or reference of any alteration to past, present, or future contractual terms by Voxalyze should be taken purely as speculative until such time that the client is in possession of written confirmation by Voxalyze management.
17. Privacy Policy
For information about our data protection practices, please see our Privacy Policy.
18. About these Terms
We may modify these terms or any additional terms that apply to a Service, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue the use of Service.
These terms control the relationship between Voxalyze and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in fact.
The section titles in the Terms of Services are for convenience only and have no legal or contractual effect.
Voxalyze GmbH
Pufendorfstrasse 7
10249 Berlin
Germany
[email protected]