Terms of use
Last updated 12th November 2020
GENERAL
These terms and conditions of use (hereinafter, the “Terms of Use”) regulate the access to and use of the VOICEMOD application in any of its versions and any other application, service or function associated with it provided by Voicemod, S.L. (hereinafter, indistinctly, “Voicemod” or “we”) that is not accompanied by its own particular conditions that replace them. These terms and conditions shall also apply generally, insofar as applicable, to services that are not accompanied by particular conditions.
The installation and/or use of any of our applications and services implies your full and unreserved acceptance of these terms of use, as well as any other particular conditions that may accompany them. Similarly, the acceptance of these terms of use through any of the specific options enabled in platforms and applications, implies full and unreserved acceptance of them.
Users of the VOICEMOD application and services use different versions with different functions and contents, which can be free or paid. The current free version of the VOICEMOD application and associated services includes a real-time voice modulator with a limited free voice catalogue. However, the user will be able to access additional functions, contents and utilities not included, subject to the particular terms and conditions that govern those. Likewise, the user has payment options that unlock an extended voice catalogue. The functions, contents and payments services are also offered through different distributors where any interested user can purchase it. You must consult and, if you agree, accept the terms and conditions of each distributor.
You should read these terms of use carefully to ensure that you understand them fully, as they constitute a binding agreement between you and us. If you do not agree with any of them, please do not install or use the application or service. We are available to clarify any issues before you accept, install or use our applications and services at support@voicemod.net.
These terms and conditions are governed by the principles of legality and good faith, so if you decide to install or use our applications and services, you agree to do so in accordance with the law, morals, good customs and public order.
RECIPIENTS OF OUR APPLICATIONS AND SERVICES
Our applications and services have been directed and oriented to users that have the capacity required by the legislation of their country of residence for subscription and use,in accordance with the policies, terms and conditions that govern them.
The application, access, contracting and activation of any product, service or application must be carried out by persons with legal capacity to do so in accordance with the legal framework in force. Voicemod is exempt from liability in the event that false or erroneous information regarding the user has been inserted when filling out any application or download form. In all cases, the user and/or his or her legal representatives are responsible for this.
By registering, downloading and/or using our applications and services you accept that you can form a binding agreement with us, that you are not prohibited or limited from contracting and using our applications and services according to applicable legislation and that you will comply with these terms and with applicable legislation.
ACQUISITION
The VOICEMOD application can be downloaded for free from our website www.voicemod.net as well as from any other platform to which we authorize its publication and distribution in the future. Paid versions and features of the VOICEMOD application can be purchased through the purchase of a subscription license or a single-payment license through the authorized distributors of this service.As indicated above, you must consult and, if you agree, accept the terms and conditions of each distributor.
Whichever version you purchase, your use of the VOICEMOD application and services is subject to these general terms of use, without prejudice to any particular terms that accompany them or any specific terms that may be established by the operators and distribution platforms, especially with regard to their purchase, withdrawal or refund.
The first time you purchase a license for VOICEMOD, you will be asked to confirm your email address and a message will be sent to you with the license key code with which you can activate VOICEMOD and use all its features or alternatively the license will be directly associated with your user account. You must also confirm your email address when you purchase, subscribe or activate any application, utility, content or service. Subscriptions will be automatically renewed, but you can deactivate the automatic renewal through the options and links made available to you
The license on any version of VOICEMOD is only valid for one device, although it can be transferred to any other device. The use of the application requires access and connection to the Internet during its use.
The public prices of the licenses may be modified at any time, especially to incorporate improvements in the services or to update them to the conditions that may be established by the providers, platforms, marketers and partners involved in the services. Any modification will be published in the application itself and on our website.
If you have problems activating your VOICEMOD license, please contact us through our customer service: support@voicemod.net.
REFUND POLICY
If you purchase a VOICEMOD license or any feature, content, utility or service, you will have a fourteen (30) calendar day refund period if you are not satisfied with your purchase. Includes purchases of content within Voicemod for Windows, such as independent voices, sound boxes or packages.
The refund will be managed by the Voicemod support team upon request through support@voicemod.net. When you purchase our products and services from distributors and other third parties you should check their refund policies. In the event that any legally binding provision requires any other more beneficial refund condition for the user, Voicemod will apply this one.
ACCESS AND USE
You agree that access to and use of the applications and services you request, download or activate takes place freely and consciously, under your sole responsibility, and subject to these terms and conditions. Our applications and services are offered “as is” according to their functionalities, for leisure and entertainment purposes, without any kind of guarantee regarding the suitability of the same and/or the contents included for particular or specific user profiles or purposes.
USER RIGHTS
If you have downloaded or purchased any of our applications in a legitimate manner, Voicemod grants you a personal and limited right to use them, consisting of a personal, worldwide, non-exclusive, non-transferable, revocable, non-sub licensable, limited and conditional license to use them, which authorizes you exclusively to access and use them for your own personal needs. The use of our applications and services by any third party not authorized by Voicemod, as well as any use of the same for unauthorized commercial purposes, is expressly prohibited. You may not copy, reproduce, modify, distribute, exploit, market, sell, assign, loan or rent any of our applications and services, or reverse engineer, decompile, disassemble, create derivative works from or attempt to extract the source code of the software, unless you have our written permission to do so or applicable laws prohibit such restriction.
As a user you will be able to download and install the updates, new features, functions and utilities that we may make available to you in the future, under the terms and conditions that accompany them.
The rights to the content that you generate, send, receive or store through our applications and services will belong to you as the owner or authorised licensee and you will be responsible for it, authorising us to host, store and manage it when necessary for the functionality of the applications and services that you request from us and to provide you with these applications and services.
AUTHORIZED USES
The user is obliged to make appropriate and lawful use of our applications and services, in accordance with applicable legislation in force, these terms and conditions, morality, generally accepted principles of morality and public order. Voicemod does not assume any responsibility for the improper or inadequate use of our applications and services by the user.
With regard to the authorized use of our applications and services, the user must refrain from, but not limited to a) Making unauthorised, illegal or fraudulent use of them; b) Accessing or attempting to access restricted resources, functions, areas or versions without meeting the conditions required for such access; c) Using them for purposes or effects that are illicit, illegal, contrary to what is established in these general or particular conditions, to good faith and public order, harmful to the rights and interests of third parties, or that could in any way damage or render useless Voicemod’s applications, services, applications, files, documents, image or business, or prevent the normal use, operation or enjoyment of them; d) Cause damage to the physical or logical systems of Voicemod, its suppliers or third parties; e) Introduce or spread computer viruses that may cause damage to the physical or logical systems of Voicemod, its suppliers or third parties; f) Attempt to access, use and/or manipulate Voicemod, third party providers’ and other users’ data; g) Perform acts against Voicemod’s Intellectual Property rights; h) Suppress, hide or manipulate the legends and information about Intellectual or Industrial Property rights and other data identifying Voicemod’s or third party rights incorporated in the applications or services, or any information mechanisms that may be inserted in them; i) Obtain and try to obtain the contents, products, services or applications using means or procedures other than those that, according to the case, have been made available for this purpose or have been expressly indicated in the particular conditions that accompany them; j) Incite or promote activities that imply a breach of these terms of use.
With regard to content, by way of example but not limitation, the user undertakes not to use, transmit, disseminate or make available to third parties through our applications and services, content that in any way: a) Are contrary to or despise or attempt against privacy and other fundamental rights and legally recognised public liberties, as well as infringe the rights of third parties; b) Induce, incite or promote criminal, denigrating, defamatory, infamous or violent actions or, in general, actions that are contrary to the law, morality, good customs or public order; c) Induce, incite or promote discriminatory actions, attitudes or thoughts for reasons of sex, race, religion, beliefs, age or condition; d) Incorporate, make
available or allow access to content, elements, messages and/or services that are criminal, violent, pornographic, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order; e) Induce or may induce an unacceptable state of anxiety or fear; (f) Induce or incite involvement in practices that are dangerous, risky or harmful to health and psychological equilibrium h) Are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the necessary authorization from the owners to carry out the use he is making or intends to make or that is made; i) Contain a copyright or other data identifying the rights or technical protection devices, digital fingerprints or any information mechanisms that have been subject to suppression or manipulation; j) Violate the business secrets of third parties; k) Are contrary to the right to honor, personal and family privacy or to the very image of people; l) Infringe the regulations on the secrecy of communications; m) Constitute illicit, misleading or unfair advertising and, in general, constitute unfair competition; n) Incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system or computer equipment -hardware and software- of third parties or that may damage or allow unauthorized access to information, electronic documents and files stored in such equipment or terminals; o) Make the normal operation of our services and applications difficult due to their characteristics.
The user agrees not to access or try to access tools, utilities or functionalities through mechanisms/media other than the interface provided by our applications, unless expressly authorized by Voicemod.
The user agrees not to participate in any activity that hinders or interferes with the operation of our services and applications.
The user agrees to respect the anti-spam regulations that may affect him/her.
Voicemod shall not be liable and reserves the right to immediately discontinue the applications and services made available to the user in the event that it becomes aware that the user is using them in an illegal manner or contrary to these terms of use.
In this regard, we expressly reserve the right to immediately suspend our services, at our discretion, if we become aware of any improper use by the user. Similarly, we reserve the right to remove any content that we become aware of and store that we consider to be in breach of these terms of use, or where such removal is required by law or by a public or judicial authority.
USER RESPONSIBILITY FOR USE AND CONTENT
The user is the only owner or licensee or authorized holder of the information and contents incorporated, managed or sent through our applications and services, as well as of their veracity, actuality, legality and legitimacy, for which reason he will be the only responsible before any third party for the damages or prejudices derived, directly or indirectly, from the use he makes of our applications and services, as well as of these contents. Consequently, in accordance with these terms of use, Voicemod shall not be held liable for any damages of any kind and nature that may result from the use of our services and applications by the user, and the user is therefore obliged to do whatever is necessary to keep Voicemod safe from any claims and liabilities of any kind and nature that may be required of it as a result of the above, including those related to public authorities, which the user shall assume exclusively. In the event that Voicemod is involved in any claim by a third party caused by the use of the applications and services by the user, the user shall assume all costs generated by Voicemod’s legal defense against such claim, whether administrative, arbitral or judicial, including attorney’s and lawyer’s fees, compensation for witnesses or expert witnesses’ expenses, as well as the payment of any sanction or compensation that may be imposed and the compensation of any other damage that may be suffered by the user as a result of the claims made.
CHANGES, SUSPENSION AND TERMINATION OF SERVICES
Voicemod reserves the right to suspend, interrupt or cease to operate the current version of its applications, products and associated services at any time, especially in the event of the generation of new versions or changes in technology, without prejudice to giving our users sufficient advance notice of such changes. Similarly, we may at any time introduce modifications to our applications and services and their functions, and may replace or eliminate any of them.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Our applications and services, technical documentation, user’s manuals, texts, images, brands and other distinctive signs, graphics, logos and buttons that integrate you, as well as their graphic representation, structure, selection, order and presentation of their contents, audio, files, databases and their own contents are protected by the laws and international treaties on intellectual and industrial property. The name, logo, commercial name and brand “Voicemod” are distinctive symbols owned by Voicemod. All rights to them are reserved to their respective owners, except for the rights of use granted to the user under these terms of use. Under no circumstances does access to our applications and services imply any kind of waiver, transfer, license or total or partial assignment of such rights or expectation of rights, unless expressly stated otherwise.
If you become aware of any infringement of your own or any third party’s copyright, please notify us at the contact address provided in these terms of use.
PRIVACY
See Privacy Policy
COOKIES
See Cookies
SECURITY
Security is a corporate objective for us, so we continually work to make our applications and services safe for all users and reduce the risks associated with their use. However, no security measure that is currently installed is absolutely unbreakable, so we can not guarantee the absolute invulnerability of our systems or third parties, so we do not assume responsibility for damages of any kind and nature caused by third parties or that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), equipment, devices, content and files of the user or any third party.
The use of electronic data systems, electronic mail and the sending of messages through technological platforms and applications via mobile networks and the Internet do not offer absolute guarantees of security, so our applications and services should not be used to manage confidential, secret, critical or reserved information, insofar as they are not designed for this purpose or for use in hospital, military, critical infrastructure, essential services or other environments.
Voicemod may establish measures to control access to and use of its applications and services, prevent unauthorized copying or attempt to prevent anyone from exceeding the rights and authorizations granted under these terms of use.
Access to and non-consensual use of our applications and associated tools is the sole responsibility of the user.
As a user, you agree to make diligent use, where appropriate, of the passwords to our applications and services, being responsible for the security and confidentiality of the same and having the obligation and sole responsibility to keep them and guard them in a safe place in order to prevent access to unauthorized third parties. You are responsible for the activities carried out with your account.
You may not create more than one account for yourself and you may not buy, sell or otherwise give away access to your account without our written permission.
You also agree to notify Voicemod as soon as possible of any incident that may result in a risk to the confidentiality of the information.
EXCLUSION OF LIABILITY
We continually strive to keep our applications and services running continuously and error-free, but we cannot guarantee their absolute infallibility or uninterrupted operation, especially if they are affected by causes beyond our control.
The applications and services are provided “as is” according to their description and functionalities, without warranties of any kind, either explicit or implicit, or their technical suitability for particular purposes. We cannot guarantee that our applications and services are absolutely secure and infallible at all times, that they cannot present any errors, that they are compatible with applications or services not expressly indicated in their description, that the services will function continuously and uninterruptedly, that the user’s information and content will be adequate and in accordance with these terms of use and current legislation, or that there will be no delay or interruption – especially when transmitting voice messages, given the technology used – especially if this is due to causes beyond Voicemod’s control.
We disclaim any liability for damages of any nature and kind that may arise from the lack of availability or uninterrupted continuity of the operation of our applications and services due to causes beyond our control, the loss of profit or expected utility that their users could have attributed to them, or the fallibility of all as indicated above.
Voicemod shall not be liable for the inability to provide the service or the unavailability of the functions of our applications if this is due to events beyond our control and beyond our wishes, including, but not limited to, disasters, fires, strikes, explosions, floods, labor disputes, terrorism, technical deficiencies, Internet sabotage or failure, or any other circumstances beyond our control and will.
Similarly, we do not assume responsibility for misuse or improper use of applications and services by users or for content that users generate, store, send or receive through our applications and services, so you understand and accept your potential exposure to content that could be offensive, false, illegal or inappropriate that we do not control and for which we are not responsible.
If the laws in your country of residence do not allow any exclusion or limitation of liability under these terms and conditions of use, those exclusions and limitations will not apply.
LIMITATION OF LIABILITY
Voicemod’s maximum liability for damages attributable to it is limited, in any case, to the price paid for the contracted application or service.
To the extent permitted by law, Voicemod, its directors, officers, shareholders, employees, licensors, suppliers and agents shall not be liable for any indirect, incidental, force majeure, consequential, special, punitive or multiple damages, or any loss of profit or revenue arising either directly or indirectly, or any loss of data, use, goodwill or any other intangible loss arising from any of these causes: a) Your access or
use, negligence or inability to use our applications and services; b) The conduct or content of other users or third parties on or through the applications and services.
Nothing in these terms shall exclude or limit our liability which is not excluded or limited by law. If the law of the country in which you reside does not permit limitations of liability under these terms and conditions, such limitations shall not apply.
INTEGRITY
All the provisions of these terms of use constitute an indivisible set of all the conditions that you, as a user, must know and comply with. No addition to or modification of these terms of use shall be binding upon us unless it has been formally accepted by us. The declaration of inapplicability, nullity, invalidity or ineffectiveness of any aspect of these terms of use will not affect the validity, effectiveness and application of the remaining terms, which will remain binding on both you and us.
MODIFICATION AND UPDATING
We reserve the right to modify at any time these terms of use, as well as any other particular conditions that may accompany our applications and services that you request, install or use, especially to adapt them to internal or external requirements that may affect us, which in any case we will communicate in advance to their users. Except where legislation does not allow it, modifications to these terms of use will come into force and will be binding immediately after their publication or, where appropriate, on the date indicated accompanying them.
COMMUNICATION
Any communication that needs to be addressed to the user will be made at the address provided by the user or through the application or service itself, depending on the version purchased, and will be fully effective until the user communicates any other address for this purpose. These communications may refer to matters of importance and interest to you, such as modifications, updates, offers, promotions or incidents, so you should consult them regularly.
APPLICABLE LEGISLATION
The relationship between us and you as a user of our applications and services will be governed and interpreted, regardless of the conflicts that may arise, in accordance with the provisions of these terms of use and, insofar as they are not provided for, by Spanish law.
RESOLUTION OF CONFLICTS: JURISDICTION
If you have any problem with any of our applications or services, please contact us and we will do our best to solve it. Any conflict that may arise between us and you in relation to these terms of use will be tried to resolve it in good faith and in an amicable manner, before going to court to resolve it, as provided in these terms of use. However, if we cannot resolve it amicably, for the resolution of any conflict or dispute that may arise in the interpretation, application and enforcement of these terms and conditions or use of our applications and services, to the extent that the law of your country of residence does not prohibit it, both you and we will submit exclusively to the jurisdiction of the Courts of the city of Valencia (Spain), expressly waiving the jurisdiction and competence that by law may correspond.
CONTACT
If you have any questions or need any clarification, you can contact us at: support@voicemod.net.
IMPORTANT: In the event of differences or contradictions between the versions of this policy published and/or translated into other languages, the English version will prevail in all cases.
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