End-User License Agreement
END USER licence AGREEMENT
Last updated August 27, 2022
Voxxy is licensed to You (End-User) by Voxxy BG, located and registered at 1407 Sofia, Lozenets region, 55 Nikola Vaptsarov boulevard, Office Park Expo 2000, building Phase IV, fl. 1,
Sofia, Sofia 1407, Bulgaria ('Licensor), for use only under the terms of this licence Agreement. Our VAT number is BG206462478.
By downloading the licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this licence Agreement, and that you accept this licence Agreement.
App Store and Play Store are referred to in this licence Agreement as 'Services'.
The parties of this licence Agreement acknowledge that the Services are not a Party to this licence Agreement and are not bound by any provisions or obligations with regard to the licensed Application, such as warranty, liability, maintenance and support thereof. Voxxy BG, not the Services, is solely responsible for the licensed Application and the content thereof.
This licence Agreement may not provide for usage rules for the licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Voxxy BG acknowledges that it had the opportunity to review the Usage Rules and this licence Agreement is not conflicting with them.
Voxxy when purchased or downloaded through the Services, is licensed to You for use only under the terms of this licence Agreement. The Licensor reserves all rights not expressly granted to You. Voxxy is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
1. THE APPLICATION
2. SCOPE OF
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
Voxxy ('licensed Application') is a piece of software created to provide an online social platform where people come together solely over voice notes and customised for iOS and Android mobile devices ('Devices'). It is used to allow users to communicate with one another through voice notes.
2. SCOPE OF
2.1 You are given a non-transferable, non-exclusive, non-sublicensable to install and use the licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via
Family Sharing or volume purchasing.
2.2 This will also govern any updates of the licensed Application provided by Licensor that replace, repair, and/or supplement the first licensed Application, unless a separate is provided for such update, in which case the terms of that new will govern.
2.3 You may not share or make the licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Voxxy BG's prior written consent), sell, rent, lend, lease or otherwise redistribute the licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the licensed Application, or any part thereof (except with Voxxy BG's prior written consent).
2.5 You may not copy (excluding when expressly authorised by this and the Usage Rules) or alter the licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this , the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this should be interpreted to restrict third-party terms. When using the licensed Application, You must ensure that you comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this licensed Application.
4.2 Voxxy BG and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be accessed by clicking on the Terms and Conditions on the app, then clicking the link to the Privacy Policy
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the licensed Application, including but not limited to text, writings, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary s, rights, consents, releases, and permissions to use and to authorise us, the licensed Application, and other users of the licensed Application to use your Contributions in any manner contemplated by the licensed Application and this licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the licensed Application and this licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions will not be hate speech, threatening, or pornographic; they will not incite violence, or contain sounds associated with graphic or gratuitous violence; they will not promote terrorism or violent extremism. You will not encourage or promote self harm or suicide
9. Your Contributions do not violate any applicable law, regulation, or rule. You will not use Voxxy to do anything unlawful, misleading, malicious, or discriminatory, including buying or selling illegal goods or services.
10. Your Contributions do not violate the privacy or publicity rights of any third party
11. Your Contributions do not violate any applicable law conceming child pornography, or otherwise intended to protect the health or well-being of minor, including child exploitation and slavery.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. You will not post unauthorised commercial communications (such as spam) on Voxxy App. You will not collect users' content or information, or otherwise access Voxxy App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of this licence Agreement, or any applicable law or regulation.
15. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Voxxy App.
16. You will not upload viruses or other malicious code.
17. You will not solicit login information or access an account belonging to someone else.
18. You will not do anything that could disable, overburden, or impair the proper working or appearance of Voxxy App, such as a denial-of-service attack or interference with page rendering or other Voxxy App functionality. In the initial iteration of Voxxy, users will have the ability to filter objectionable content and to block abusive users. Voxxy team members will be manually monitoring the platform and investigating reports of any content that may fall into the above categories. Should users identify any such content, they should use the report function on the app or inform us via an email to info@voxxyworld.com. Voxxy will act on objectionable content reports within 24 hours by removing the content and ejecting the user who posted the offensive content. In later iterations Voxxy will seek to complement the manual searching of content with Al aimed at identifying content that breaches our appropriate content policy. Voxxy will stay engaged with the debate around how social media mitigates against users being exposed to harmful content, and we assure our users that we will strive to make Voxxy the safest place it can possibly be. It's as important to you as it is us.
Any use of the licensed Application in violation of the foregoing violates this licence Agreement and may result in, among other things, termination or suspension of your rights to use the licensed Application.
7. CONTRIBUTION
By posting your Contributions to any part of the licensed Application or making Contributions accessible to the licensed Application by linking your account from the licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual. non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise subs of the foregoing.
The use and distribution may occur in any media formats and through any media channels.
This will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the licensed Application. You are solely responsible for your Contributions to the licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
‘We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the licensed Application: and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health,
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this licence Agreement. To avoid data loss, You are required to make use of backup functions of the licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the licensed Application, You will not have access to the licensed Application.
8.3 Licensor takes no accountability and responsibility in case of any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential, or punitive damages, howsoever caused, resulting from or in connection with the Voxxy Mobile Application and the services offered in the Voxxy Mobile Application, your access to, use of or inability to use the Voxxy Mobile Application or the services offered in the Voxxy Mobile Application, reliance on or downloading from the Voxxy Mobile Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9. WARRANTY
9.1 Licensor warrants that the licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the licensed Application works as described in the user documentation.
9.2. No warranty is provided for the licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Voxxy BG's sphere of influence that affect the executability of the licensed Application.
9.3 You are required to inspect the licensed Application immediately after installing it and notify Voxxy BG about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the licensed Application is defective, Voxxy BG reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Voxxy BG and the End-User acknowledge that Voxxy BG, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii claims arising under consumer protection, privacy, or similar legislation, including in connection with Your licensed Application’s use of the Healthkit and Homekit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist, supporting’ country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact
William Field
86A Castlehaven Road, NW1 8PL
London, Greater London
England
13. TERMINATION
This agreement is valid until terminated by Voxxy BG or by You. Your rights under this agreement will terminate automatically and without notice from Voxxy 8G if You fail to adhere to any term(s) of this . Upon licence termination, You shall stop all use of the licensed Application, and destroy all copies, full or partial, of the licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Voxxy BG represents and warrants that Voxxy 8G will comply with applicable third-party terms of agreement when using licensed Application In Accordance with Section 9 of the ‘Instructions for Minimum Terms of Developer's End-User licence Agreement’, both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User licence Agreement and — upon Your acceptance of the terms and conditions of this licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User licence Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Voxxy BG and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Voxxy BG, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This licence Agreement is governed by the laws of Bulgaria excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.