Terms & Conditions - App

(For website Terms & Conditions click here)

APP TERMS & CONDITIONS

By downloading, browsing, accessing, or using this Voxxy Application (“Voxxy Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Voxxy Mobile Application and your use of the services offered on the Voxxy Mobile Application. Continued use of the Voxxy Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

TERMS TO USE

We are committed to ensuring that the Voxxy app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app at any time and for any reason. We intend not to charge users but users may choose to pay for subscriptions to influential voices; in this case it will be made clear exactly what users are paying for.
It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Voxxy app won’t work properly or at all.
We cannot always take responsibility for the way you use the app i.e. you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, we cannot accept responsibility.
At some point, we may wish to update the app. The app is available for Android & iOS– the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. It is your responsibility to keep the app version up to date. We do not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you.
We strongly recommend that you only download the Voxxy applications from the Play Store and App Store. Doing so will ensure that your apps are legitimate and safe from malicious software.

GENERAL TERMS

License Grant. Compliance with Terms of Use. The Application is licensed, not sold, and we reserve all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, We grant you a personal, nonexclusive, non-transferable, non-sublicensable, limited license to download and use the Application on a mobile device that you own or control.

License Restrictions. Except as specifically provided herein, You may not: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third parties.

Your Warranty. You represent and warrant that: (i) You have the authority to bind Yourself to this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Application will comply with all local and national and laws, rules, and regulations (“Laws”).

Privacy. By using the Application, you agree that we may collect and use certain information about you, your mobile device, your use of the Application, and the Application’s performance in accordance with the Privacy Policy, as may be amended from time to time. By agreeing to these Terms and Conditions you automatically agree to the Privacy Policy.

Indemnity. You agree to defend, indemnify and hold us harmless including our affiliates, officers, directors, employees, consultants, agents, and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to Your use of the Application.

Termination. This Agreement is effective until terminated. We may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

Acknowledgment of Understanding/Entire Agreement. You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between We and You and supersedes all proposals, representations, or prior agreements, oral or written, and any other communications between us and You relating to the subject matter of this Agreement.

Severability. You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this agreement shall be valid and enforceable.

Assignment and Transfer. We may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to You. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.

SHARING YOUR CONTENT AND INFORMATION

You own all of the content and information you post on Voxxy App, and you can control how it is shared through your privacy and application settings. In addition:

If you are not a Verified Voice: For content that is covered by intellectual property rights, like photos and audios (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Voxxy App (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

If you are a Verified Voice: we will always ask via an email to the email associated with your account for your express permission to use your content - individual voice notes, a number of voice notes, or all voice notes - in advertising, media and for other business uses. Should we not receive a response within three working days it will be assumed that you are content for us to use the content. In our use of the content you will be granting us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use. If you wish to come to another arrangement regarding your content, please contact info@voxxyworld.com.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

When you publish content or information, it means that you are allowing everyone, including people of Voxxy App, to access and use that information, and to associate it with you (i.e., your name and profile picture), with the exception of content Verified Voices publish behind subscription paywalls. This will only be accessible to users subscribing to that Verified Voice.

We always appreciate your feedback or other suggestions about Voxxy App, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

SAFETY AND COMMUNITY GUIDELINES

We want Voxxy to be an enjoyable and humane place for us to come together. To us this is absolutely paramount, which is why we do our best to keep Voxxy App safe, but we cannot guarantee it and we need your help. So, in using Voxxy you make the following commitments:

You will not bully, intimidate, harass, or threaten violence against any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence, or contains sounds associated with graphic or gratuitous violence; promotes terrorism or violent extremism
You will not post content in any way associated with child exploitation or slavery
You will not use Voxxy App to do anything unlawful, misleading, malicious, or discriminatory, including buying or selling illegal goods or services.
You will not encourage or promote self harm or suicide
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.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Voxxy App.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
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, Voxxy team members will be manually monitoring the platform and investigating reports of any content that may fall into the above categories. Should you identify any such content, please use the report function on the app or inform us via an email to info@voxxyworld.com.

If it’s identified that you have posted content that Voxxy deems falls within the above categories, Voxxy reserves the right to delete your account. If you subscribe to Verified Voices and have your account deleted you will be charged that month’s subscription fee for each Verified Voice to which you subscribe; but payments will cease to be taken after that month.

In later iterations of Voxxy, Voxxy will seek to complement our manual searching of content with AI 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.

And should you wish to block any other user you have the right and ability to do that on Voxxy. If you are blocked you will still be able to hear voice notes posted by the user that blocked you, but you will not be able to comment on them or interact with that user in any way.

REGISTRATION AND ACCOUNT SECURITY

App users should provide their real names and information to assist with the security of Voxxy. Here are some commitments you make to us relating to registering and maintaining the security of your account:

When registering on the app you will not provide any false personal information, or create an account for anyone other than yourself without their permission or without expressly stating that it is a parody / podcast / business account.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
If you are under 18 you declare that you have the express permission of a responsible parent or guardian over 18 to use the app.
You will not use app if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

SUBSCRIPTIONS

Voxxy is a free to use service, with the exception of when users choose to access content Verified Voices have put behind a paywall.

To access such content users will have to buy ‘credits’ through monthly subscriptions. The subscription options users have are:

£0.99/ month = 1 credit in app /month

£1.99/ month = 2 credits in app /month

£4.99/ month = 5 credits in app /month

£9.99/ month = 10 credits in app /month

£19.99/ month = 20 credits in app /month

£29.99/ month = 30 credits in app /month

£49.99/ month = 50 credits in app /month

£99.99/ month = 100 credits in app /month

Verified Voices will choose what content they put behind a paywall and how many credits are required to access this content. Verified Voices will be able to charge 1, 2, 5 or 10 credits per month. The amount of credits a Verified Voice charges will be clearly displayed on their profile page.

Verified Voices will be able to increase their monthly credit cost but, due to difficulties around refunding users, they will, at least initially, not be able to decrease the monthly cost. This will be amended in later iterations of Voxxy.

Users can subscribe and unsubscribe to Verified Voices paid for content whenever they want. They will pay the credits for the month ahead up front and if they choose to unsubscribe that month they will continue to have access to the Verified Voices’ content until the end of that payment period, at which point they will no longer have access to the paid for content and they will stop paying the credits required.

If a user cancels their subscription outside of the app, via Apple settings for example, then all of their subscriptions in app will automatically be cancelled and their number of credits available will be reset to 0. The user will continue to have access to the Verified Voices’ content until the end of that payment period.

If a user decreases their subscription plan to below what’s required to cover their current subscriptions the user will be notified that they will need to choose which subscriptions to keep, the total cost of which shall be lower than or equal to their new subscription plan cost.

If a Verified Voice increases their subscription cost then subscribers will be notified that they are no longer subscribed to that Verified Voice and be given the option to resubscribe at the higher cost.

In paying for credits on Voxxy users declare they have ownership of and / or permission to use their chosen payment method.

MONETISATION

All Verified Voices on Voxxy have the option to monetise by introducing a subscription paywall. Verified Voices accept that this process works as follows:

Verified Voice sets the monthly subscription cost to 1, 2, 5 or 10 ‘credits’ per subscriber (see SUBSCRIPTIONS above for what these are worth in monetary terms).

Transfers will be made direct to the Verified Voice’s account on a monthly basis

Baseline 85%. Verified Voices on Voxxy from the start will receive 85% of subscription income* (Verified Voices joining later will earn 75%)

If within two months the Verified Voice gets 0.5% of their Twitter or Instagram (whichever is higher) subscribing to their Voxxy, or 5% following their Voxxy, they’ll receive an extra 5% of their total subscription income.

If within two months the Verified Voice gets 1% of their Twitter or Instagram (whichever is higher) subscribing to their Voxxy, or 10% following their Voxxy, they’ll receive an extra 10% of their total subscription income.

If a Verified Voices recommend another Verified Voice who joins as a result of the recommendation, the original Verified Voice will receive 5% of the new Verified Voice’s Voxxy subscription income

The Top 5 Voxxy Verified Voices within two months of launch date (based on subscriptions) will receive 100% of their income.

*when discussing subscription income this means subscription income minus any processing / VAT fees

PROTECTING OTHER PEOPLE'S RIGHTS

We respect other people's rights and expect you to do the same.

You will not post content or take any action on us that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on the app if we believe that it violates this Statement or our policies.
Should you believe that anyone has infringed or violated your rights or otherwise violates the law, and you feel it worthy reporting, please report to info@voxxyworld.com
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
You will not post anyone's identification documents or sensitive financial information on Voxxy App.

DISCLAIMER AND EXCLUSION OF LIABILITY

The Voxxy Mobile Application, the Services, the information on the Voxxy Mobile Application, and the use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Voxxy Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Voxxy Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

We do not warrant that the Voxxy Mobile Application will always be accessible, uninterrupted, timely, secure, error-free, or free from computer viruses or other invasive or damaging code or that the Voxxy Mobile Application will not be affected by any acts of God or other force majeure events, including the inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we may use reasonable efforts to include accurate and up-to-date information on the Voxxy Mobile Application, we make no warranties or representations as to its accuracy, timeliness, or completeness.

We shall not be liable for 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.

We shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special, or incidental loss or damage suffered or incurred by you in connection with the Voxxy Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

By agreeing to these terms and conditions you automatically agree to the associated Disclaimer

INTELLECTUAL PROPERTY RIGHTS

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos, and trademarks that Voxxy have on the Voxxy Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. Please refer to ‘SHARING YOUR CONTENT AND INFORMATION’ for users’ (Verified Voices and others’) rights around content they publish on Voxxy.

Nothing contained on the Voxxy Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Voxxy Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Voxxy Mobile Application is prohibited.

We will not hesitate to take legal action against any unauthorised usage of our trademarks, name, or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to the law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.

CHANGES TO THESE TERMS AND CONDITIONS

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

CONTACT US

If you have any questions, do not hesitate to contact us at info@voxxyworld.com. Registered company name VOXXY BG EOOD.