POZOTRON TERMS OF SERVICE
Last Modified: April 7, 2021
These terms of service are entered into by and between you, the user of our Services (such individual, or
entity and/or individual accessing on behalf of such entity, “You or “you” “your” or
“User(s)”), and Pozotron, Inc. (“Company”,
“we”, or “us” or “our” or “Pozotron”).
These terms and conditions, together with any documents they expressly incorporate by reference
(collectively, these “Terms of Service”), govern your access to and use of
Pozotron’s audio proofreading, processing, creating, and editing software platform or other Pozotron
platform accessed by User (the “Service(s)”), including any associated content,
functionality, and services, whether as a guest or as a registered user. For the avoidance of doubt, these
Terms of Service apply to any User of the Services, including but not limited to any Users such as a
publisher and/or its personnel, any individual narrators, and/or any third party production companies
(and/or its personnel)
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE
SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY
POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
The Services are available only to Users who are 18 years of age or older. If you do not fulfil the
eligibility requirements or disagree with any part of the terms, then you do not have permission to access
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are
effective immediately when posted to https://studio.pozotron.com/termsofservice.html,
and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Service means that you accept
and agree to the changes. Pozotron is required to notify Users when material changes are made to these Terms
of Service. Nonetheless, you are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Services, and any service or material we provide in connection
with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any
part of the Services is unavailable at any time or for any period. From time to time, we may restrict access
to some parts of the Services, or to all Services, to guests and Users, including registered Users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services on your behalf, whether through your internet
connection or otherwise, are aware of these Terms of Service and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration
details or other information. You can only use the Services if all the information you provide is correct,
current and complete. Our use of data is governed by our Privacy
If you choose, or are provided with, a user name, password, or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal to you and agree not to provide
any other person with access to the Services or portions of it using your user name, password, or other
security information. You agree to notify us immediately of any unauthorized access to or use of your user
name or password or any other breach of security. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or record your password or
other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided
by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
SUBSCRIPTIONS, FREE SERVICE, AND TRIALS
Our Services & Paid Subscriptions
Our Services require payment before you can access them. Services that may be accessed after payment are
currently referred to as the “Premium Service(s)”. These terms apply to all
Premium Services as well as, if applicable, any Services accessed free of charge (if applicable). You can
learn more about our Services by visiting our website.
The Premium Service may not be available to all Users. We will explain which Services are available to you
when you are signing up for Services. If you cancel your subscription to the Premium Service, or if your
subscription to the Premium Service is interrupted (for example, if you change your payment details), you
may not be able to re-subscribe for the Premium Service. Note that the Premium Service may be discontinued
in the future, in which case you will no longer be charged for the Service.
Codes and Other Pre-Paid Offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on
behalf of Company for access to Premium Service (“Code”), separate terms and
conditions presented to you along with the Code may also apply to your access to the Service and you agree
to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Premium Services for a specified period
without payment or at a reduced rate (a “Trial”). Company reserves the right, in
its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to
withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent
permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH
TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY
FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN
CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS
CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR
TERMINATE YOUR COMPANY ACCOUNT BEFORE THE END OF THE TRIAL.
Cancelation of Paid Subscriptions
IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE
PAID SUBSCRIPTION THROUGH YOUR OR YOUR COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR OR YOUR COMPANY
ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE
END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, COMPANY
WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Subscription Fees. If You have a Paid Subscription, you shall pay Company the fee (the
“Subscription Fee”) applicable for your account. For late payments, User shall pay
interest charges from the time the payment was due at the rate that is the lower of 1.5% per month or the
highest rate permissible under applicable law. Company will not be required to refund the Subscription Fee
under any circumstances.
Taxes. Amounts due under these Terms of Service are payable to Company without deduction and
are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state,
provincial, or local), including without limitation any sales, use, excise, ad valorem, property,
withholding, or value added tax withheld at the source. If applicable law requires withholding or deduction
of such taxes or duties, User shall separately pay Company the withheld or deducted amount. However, the
prior two sentences do not apply to taxes based on Company’s net income.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned by the Company, and if applicable, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws. Company retains all rights in and to the Services. All
rights are reserved by Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement
- If we provide desktop, mobile, or other applications for download, you may download a single copy to
your computer or mobile device solely for your own use, provided you agree to be bound by our end user
license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are
enabled by such features.
You must not:
- Modify copies of any the Company’s proprietary materials without our express permission.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of
the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you
must, at our option, return or destroy any copies of the materials you have made. No right, title, or
interest in or to the Services or any content on the Services is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these
Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other
The Company name, and all related names, logos, product and service names, designs, and slogans are
trademarks of the Company or (if applicable) its affiliates or licensors. You must not use such marks
without the prior written permission of the Company. All other names, logos, product and service names,
designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree
not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US or
- 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 the
Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk
mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
person or entity (including, without limitation, by using email addresses or screen names associated
with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or
which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Services, including their ability to engage in real time activities
through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any
purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other
unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services,
the server on which the Services is stored, or any server, computer, or database connected to the
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
As used in these Terms of Service, the following terms have the following meanings.
“Applicable Contracts” means those agreements (e.g. talent releases, recording
contracts, voice actor contracts, etc.) pursuant to which User is authorized to use and provide the Data to
Company in connection with the Services hereunder. Customer will endeavor to procure such authorization(s)
by entering into said Applicable Contracts (and will otherwise indemnify Company in connection with any
violation of these Applicable Contracts, or due to such authorizations not having been obtained in the event
such Applicable Contracts are not in place, all in accordance with the “Indemnification” provision, below).
“Permitted Uses” means Company’s business use, including use of Data for: (i)
providing the Services hereunder, (ii) research, development, trouble-shooting/de bugging and testing of the
Services, and (iii) improvement of the functionality of the Services.
“Recording” means the audio voice recording of the Transcript, or the audio voice
recording made as part of the “Pronunciation Research” feature of the Services.
“Transcript” means the written form of the text supplied by user for proofreading,
processing, and editing by the Service.
License to Transcript and Recording
Right to Record. You grant to Company the right to record your voice in connection with
providing the Services.
License Grant. You represent and warrant that you have the intellectual property rights to
grant, or have otherwise procured or endeavor to procure from the applicable third party (and if necessary
You are expressly permitted to do so under Applicable Contracts), and do hereby grant to Company, a
non-exclusive, perpetual, worldwide, irrevocable (except for breach of these Terms of Service by Company),
right to utilize the Transcript and Recording, together with any copies thereof, derivative works,
adaptations, modifications, enhancements, improvements, analyses and interpretations (hereinafter,
collectively the “Data”) for the Permitted Uses. Company agrees that the Data
shall be maintained as confidential. In the event you do not procure the intellectual property rights from
the applicable third party, you shall indemnify and hold harmless Pozotron from and against any action
against Pozotron that arises out of or results from your failure to procure the requisite intellectual
Use Restrictions. Company shall only use the Data for the Permitted Uses and as permitted
under the law. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement,
Company shall not at any time, directly or indirectly, use the Data in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property right or other right of any
person, or that violates any applicable law. Company shall not use Customer’s Data for the purpose of
creating an artificial likeness of a voice provided by Customer as part of the Services hereunder, without
Customer’s prior written consent to do so.
Reservation of Rights. User reserves all rights not expressly granted to Company in this
Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in
this Agreement grants, by implication, waiver, estoppel, or otherwise, to Company or any third party any
intellectual property rights or other right, title, or interest in or to the Data.
Representations and Warranties. You represent and warrant that you have the right to grant
all licenses granted by You hereunder, and that your and Company’s use of any Transcripts or Recordings as
set forth herein will not violate any of your personal or proprietary rights, or the personal or proprietary
rights of any third-party.
Data Deletion Option. Customer may at any time, initiate a “Delete Project” request via the
user interface of the Services. Within one week from such initiation, Service Provider will cause Customer’s
inputted Data associated with the applicable project to be permanently deleted from the Platform and all
other Service Provider systems.
The Services may contain commenting and other interactive features (collectively, “Interactive
Services”) that allow users to post, submit, publish, display, or transmit to other users or
other persons (hereinafter, “post”) content or materials (collectively,
“User Contributions”) on or through the Services. For sake of clarification, the
definition of “User Contributions” does not include Data.
All User Contributions must comply with the Content Standards set out in these Terms of Service. You
understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third party for the content or
accuracy of any User Contributions posted by you or any other user of the Services.
MONITORING AND ENFORCEMENT
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates the Terms of Service, including
the Content Standards, infringes any intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Services or the public, or could create liability for the
- All disclosure and other rights under applicable law, including all copyright laws (including but not
limited to, a DMCA notification) as it relates to material posted by you that violates such rights,
including third parties’ intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms of
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other information of anyone posting any
materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal
of objectionable material after it has been posted. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications, or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or non-performance of the activities described in this
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international
laws and regulations. Without limiting the foregoing, User Contributions must not:
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights
of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations or
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this
is not the case.
We take intellectual property rights seriously and demand that our users do the same. The Digital Millennium
Copyright Act has established a process for dealing with copyright infringement claims that we have
implemented for the Services. If you own a copyright or have the authority to act on behalf of the author
and wish to make a complaint to a third party who infringes this material on the Service, please send a
notice to our copyright agent. Please indicate all the items listed below and we will take appropriate
- A description of the protected work that you believe is being infringed.
- A description of the infringing material that you want removed or deleted, as well as the URL or other
location of that material.
- Your address, phone number and e-mail address.
- The following statement: “I believe, in good faith, that the use of the copyrighted material I am
referring to is not authorized by the owner, his agent or the law (e.g. fair use).”
- The following statement: “The information contained in this notice is accurate and, under penalty of
perjury, I declare that I am the owner (or that I am authorized to act on its behalf) of the copyright
or right exclusive that is allegedly violated”; and
- An electronic or physical signature of the copyright owner or a person authorized to act on his
Our copyright agent who will receive these statements can be contacted in the following ways:
by mail and email:
c/o Pozotron, Inc.
8201 164th Ave NE
Redmond, WA 98052
By e-mail: email@example.com
We may, under appropriate circumstances, disable or terminate the accounts of users who may be repeat
This process does not limit our ability to pursue any other remedies we may have as a result of an alleged
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such information by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents.
The Services include content provided by third parties. All statements and/or opinions expressed in these
information, and all articles and responses to questions and other content, other than the content provided
by the Company, are solely the opinions and the responsibility of the person or entity providing those
materials. These information do not necessarily reflect the opinion of the Company. We are not responsible,
or liable to you or any third party, for the content or accuracy of any materials provided by any third
DATA PROCESSING AGREEMENT
If you are a European Economic Area (EEA) resident, you may also need to sign a data processing agreement
with us as a part of your compliance efforts.
It might be your responsibility as a data controller to receive appropriate permissions from data subjects
whose data you process and submit to our Service such as voice recording or personal information contained
in text transcripts.
We are happy to provide such a data processing agreement at your request via email to firstname.lastname@example.org
If we reasonably believe that we should be subject to a data processing agreement with you, we may require
you to sign it to continue using the Services. We may refuse to provide additional Service if you deny our
CHANGES TO THE SERVICES
We may update the content on this Services from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no
obligation to update such material.
LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part.
This Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Services.
- Send emails or other communications with certain content, or links to certain content, on this
- Cause limited portions of content on this Services to be displayed or appear to be displayed on your own
or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional
terms and conditions we provide with respect to such features. Subject to the foregoing, you may not link,
display, or otherwise take any action with respect to the Services that is inconsistent with any other
provision of these Terms of Service or is otherwise prohibited by Company.
The website from which you are linking, or on which you make certain content accessible, must comply in all
respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve
the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
LINKS FROM THE SERVICES
If the Services contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk
and subject to the terms and conditions of use for such websites.
Pozotron, as the owner of the Services, is a Delaware corporation based in the state of Washington in the
United States. We make no claims that the Services or any of its content is accessible, appropriate, or
legal outside of the United States. If you access the Services from outside the United States, you do so on
your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or
other destructive code. You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and
for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN
RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING
THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT BEAR ANY RESPONSIBILITY FOR ANY CONSEQUENCES OF YOUR USAGE OF THE SERVICE. YOU ARE SOLELY
RESPONSIBLE FOR HOW YOU USE THE SERVICE INCLUDING IF YOU USE THE SERVICE ON BEHALF OR FOR THE BENEFIT OF
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
Dollar Cap. COMPANY’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS
AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY USER TO COMPANY HEREUNDER IN THE PRIOR TWELVE (12) MONTHS FROM
THE DATE ON WHICH A CLAIM ARISES.
Exclusion of Consequential Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL
THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICE(S) LINKED TO IT, ANY CONTENT ON THE SERVICES OR
SUCH OTHER SERVICE(S), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i)
your violation of these Terms of Service, or (ii) any violation of the Applicable Contracts (including
liability due to any violation due to the lack of any existing Applicable Contracts having been entered
into), or (iii) your use of the Services, including, but not limited to, your User Contributions, the Data,
any use of the Services’ content, services, and products other than as expressly authorized in these Terms
of Service or your use of any information obtained from the Services, or (iv) any intellectual property
claim including with respect to any infringement.
Termination for Convenience. Either party may terminate this Agreement for convenience,
effective 30 days following written notice to the other party. This termination for convenience right is not
applicable and shall not exist, however, if you have entered into a service agreement (separate and apart
from these terms) with Company and if such service agreement does not have such a termination for
convenience right. Notwithstanding anything to the contrary herein, the term and termination provision
contained in any such service agreement shall at all times prevail and supersede over this “Termination”
Termination for Cause. Either party may terminate this Agreement for the other’s material
breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the
other party first cures such breach, or effective immediately if the breach is not subject to cure.
Effect of Termination. Upon termination of this Agreement, You shall cease all use of the
Services. The following provisions will survive termination or expiration of this Agreement: (a) any
obligation by You to pay fees incurred before termination; (b) LICENSE (except as otherwise indicated
therein), DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, and (c) any other provision of
this Agreement that must survive to fulfill its essential purpose.
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support, and other communications relating to the
Services should be directed to: email@example.com.