By accessing the website at notevibes.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Service Agreement
- Grant of License to Access and Use Service.
Notevibes hereby grants to Customer, including to all Customers's Authorized Users, a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the service (the “Service”) solely for Customer's internal business operations.
- Intellectual property rights.
All intellectual property rights for audio files belong to the customer if the text content used for creating these audio files belongs to the customer and not infringe any third party’s IP rights. Commercial pack subscription allows customer to use the audio files for commercial purposes in any format. The Personal pack subscription does not grant such rights.
Notevibes owns all Intellectual Property Rights in the Services and Software.
By Notevibes. Notevibes will defend and indemnify Customer in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of Notevibes technology used to provide the Services.
- Consequential Damages Waiver.
EXCEPT FOR AMOUNTS PAYABLE TO THIRD PARTIES, NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT
FOR ANY LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
- Liability Cap.
EXCEPT FOR AMOUNTS PAYABLE TO THIRD PARTIES
VENDOR’S ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT
EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO VENDOR DURING THE PRIOR TWELVE (12) MONTHS
UNDER THIS AGREEMENT.
- Exceptions to Limitations.
These limitations of liability do not apply to violations of a party's Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.
The customer must remit payment to Notevibes in the amount of the Subscription Fee due on the Subscription creation day of every month/year.
- System Availability Definition.
1. The system availability refers to the percentage of minutes that the system is available per month. This percentage of minutes includes when key components of the SaaS are functional and operational.
2. System availability doesn't include downtime minutes that result from:
Malicious system attacks
Issues with computing devices, internet service providers, online connections, or local area networks belonging to Notevibes
Events of force majeure
Acts or omissions of Notevibes, resulting in an inability for the customer to deliver services.
- Support Services.
Email support during the normal business hours (9:00-18:00 pm UTC+1 hour) of Notevibes, to help Customer identify and resolve problems with the SaaS and any related needs.
- Objectionable Content.
Restricted content categories including sexually explicit, child endangerment, violence, harassment and abuse, hate speech, and encouraging illegal activities. If any of these situations occur all responsibility lies to the customer.
- The materials on Notevibes' website are provided on an 'as is' basis. Notevibes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Notevibes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Notevibes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Notevibes' website, even if Notevibes or a Notevibes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Notevibes' website could include technical, typographical, or photographic errors. Notevibes does not warrant that any of the materials on its website are accurate, complete or current. Notevibes may make changes to the materials contained on its website at any time without notice. However Notevibes does not make any commitment to update the materials.
Notevibes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Notevibes of the site. Use of any such linked website is at the user's own risk.
Notevibes may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of NYC and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 25 February 2020.