Blaze Messenger Terms Of Service
Welcome!
These Terms of Service ("Terms") govern our relationship with you as a user of VoiceBeam GmbH’s products (i.e. Blaze Messenger) and services, including our iOS and WatchOS apps and our website (together, we refer to these as our "Products"). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy.
These Terms contain an arbitration clause that applies to residents of the United States. Please review Section 11 of the Terms for details.
Overview
How Blaze Messenger Interacts with Other Chat Networks:
Blaze Messenger is a unified inbox and single app for all major chat networks (initially only WhatsApp). To use Blaze Messenger, you must give Blaze Messenger permission to send and receive messages through other chat networks on your behalf.
By using Blaze Messenger, you are adding another software system between you and people you chat with. This may be less secure than chatting directly on a single chat network, especially for encrypted chat apps like WhatsApp. Blaze Messenger is not affiliated with any other chat networks. You must follow the respective terms and guidelines of each chat network while using Blaze Messenger, and Blaze Messenger is not responsible for your conduct or associated consequences on a connected chat network.
How Blaze Messenger Keeps You Safe:
Blaze Messenger upholds privacy and security by fighting against ads, trackers, and other impingements on privacy. We are not profiting by monetizing your data.
Blaze Messenger:
We designed Blaze Messenger from the ground up to give you the highest levels of security and privacy. Blaze Messenger connects directly to third-party chat services. There is no external dependency on Blaze Messenger cloud infrastructure to send and receive messages. Messages are encrypted before being transmitted.
Blaze Cloud:
We have gone to great lengths to protect your privacy and security, including encrypting message contents and attachments before messages are stored on our servers. This means that VoiceBeam employees cannot read your message history after it is stored on our servers.
VoiceBeam’s Privacy Policy and Terms of Service:
Our commitment to privacy and data protection is further reflected in our Privacy Policy. Our Privacy Policy explains VoiceBeam’s data practices, including information we process to provide our services. Our Terms of Use governs your use of our web pages located at https://www.blazemessenger.com, our iOS applications, and our WatchOS applications operated by VoiceBeam GmbH. This agreement is between you and VoiceBeam GmbH, a company incorporated under the laws of Germany, with its principal place of business located at Schwanthalerstrasse 32, Munich, Germany.
Last updated: 2024/09/03.
1. Introduction
Welcome to Blaze Messenger, a product of VoiceBeam GmbH (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.blazemessenger.com, our iOS application, and our WatchOS application (together or individually “Service”) operated by VoiceBeam GmbH.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Please read it here https://blazemessenger.com/privacy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@blazemessenger.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to potentially subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us.
3. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or VoiceBeam GmbH cancels it. You may cancel your Subscription renewal through your Apple ID Settings online or by contacting VoiceBeam GmbH customer support team.
A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide VoiceBeam GmbH with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize VoiceBeam GmbH to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, VoiceBeam GmbH will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4. Fee Changes
VoiceBeam GmbH, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. VoiceBeam GmbH will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Refunds
We issue refunds for Monthly Subscriptions purchased through our iOS app within seven (7) days of the original purchase of the Subscription.
6. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
· In any way that violates any applicable national or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
· 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 Company, a Company employee, another user, or any other person or entity.
· In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
· Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
· Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
· Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of Service.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
· Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
· Take any action that may damage or falsify Company rating.Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use the following third-party Service Providers and others to monitor and analyze the use of our Service:
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
9. AI-Based Voice Message Transcription
Blaze Messenger offers an AI-based voice message transcription and summary service powered by WhisperAI from OpenAI. This feature enables users to convert voice messages into text and generate summaries for easier message management.By using this feature, you acknowledge and agree that:
· Voice messages will be processed by WhisperAI solely for the purpose of transcription and summarization.
· Blaze Messenger does not store or retain voice messages beyond what is necessary for the service, and data is not used to improve or train AI models.
· This feature may be disabled by users at any time within the app settings.
For more details about how OpenAI handles data, you can visit their OpenAI API Data Usage Policies and OpenAI Privacy Policy.
10. No Use By Minors
Service is intended only for access and use by individuals at least sixteen (16) years old. By accessing or using Service, you warrant and represent that you are at least sixteen (16) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least sixteen (16) years old, you are prohibited from both the access and usage of Service.
11. Accounts
When you create an account with us, you guarantee that you are above the age of sixteen (16), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Intellectual Property
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of VoiceBeam GmbH and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VoiceBeam GmbH.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@blazemessenger.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
· a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· identification of the URL or other specific location on Service where the material that you claim is infringing is located;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at contact@blazemessenger.com.
14. Error Reporting and Feedback
You may provide us directly at contact@blazemessenger.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback;
(ii) the Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) the Company is not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by VoiceBeam GmbH.
VoiceBeam GmbH has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH 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 COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES 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.YOU ACKNOWLEDGE AND AGREE THAT VOICEBEAM GMBH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support by email: contact@blazemessenger.com.
25. Arbitration And Dispute Resolution
If you have a concern or dispute with VoiceBeam GmbH, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify VoiceBeam GmbH in writing at contact@blazemessenger.com before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want VoiceBeam GmbH to do to resolve it. If you and VoiceBeam GmbH cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 11.
Please read the following terms carefully because they require U.S. residents and VoiceBeam GmbH to resolve all disputes through binding arbitration.
A. Mandatory Arbitration Agreement for U.S. Residents
If you are a resident of the United States, you and VoiceBeam GmbH agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products will be resolved through binding arbitration on an individual basis.
There are two exceptions:
· First, for claims that qualify, you or VoiceBeam GmbH can elect to have those claims heard in small claims court.
· Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court.
Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.
You can opt-out of this agreement to arbitrate by sending a letter to VoiceBeam GmbH at contact@blazemessenger.com stating that you wish to opt-out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your Blaze Messenger account or agreeing to these Terms, but if you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.
Any arbitration will be administered by JAMS pursuant to its employment arbitration rules & procedures (the “JAMS rules”), which are available here. If these rules cannot be enforced for any reason, then you and VoiceBeam GmbH will arbitrate the dispute utilizing JAMS comprehensive arbitration rules and procedures, or other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.
The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys’ fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.
Subject to the Federal Arbitration Act’s exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying California substantive and decisional law and the California Code of Civil Procedure, including the California Civil Discovery Act. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) (and doesn’t involve injunctive relief), you may choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.
The arbitrator can award any relief that a court of competent jurisdiction could award. If the arbitrator awards you an amount higher than the last written settlement amount offered by VoiceBeam GmbH before an arbitrator was selected, VoiceBeam GmbH will pay you the higher of (i) the amount awarded by the arbitrator, and (ii) $10,000 (ten thousand U.S. dollars).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOICEBEAM GMBH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding VoiceBeam GmbH or our Products isn’t arbitrable under applicable laws or otherwise: you and VoiceBeam GmbH both agree that any claim or dispute with VoiceBeam GmbH will be resolved exclusively in accordance with Section 11.B. of these Terms.
B. Venue
For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 11.A. of these Terms, you and VoiceBeam GmbH agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California, USA.
26. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If the laws in your country require agreements with consumers to be governed by the local laws, then Section 12 does not apply to you.
27. Other StuffChanges and Notifications
We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Unless otherwise required by law, or where we need to make urgent changes for safety, security or regulatory reasons, we will give you reasonable advance notice through appropriate, transparent notifications (for example, through our Products) of material changes to these Terms which impact you and the date that they will come into force. The changes will only apply to our relationship going forward. If you do not agree to the changes to the Terms, you will have to stop using our Products. If you continue to use the Products once the changes come into effect, we will take that as your acceptance of the updated Terms.
Assignment
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by VoiceBeam GmbH without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
Entire Agreement
These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with VoiceBeam GmbH in connection with our Products, constitute the entire agreement between you and VoiceBeam GmbH concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect
No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and VoiceBeam’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision
These Terms are effective as of September 16th, 2024.
These Terms of Service ("Terms") govern our relationship with you as a user of VoiceBeam GmbH’s products (i.e. Blaze Messenger) and services, including our iOS and WatchOS apps and our website (together, we refer to these as our "Products"). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy.
These Terms contain an arbitration clause that applies to residents of the United States. Please review Section 11 of the Terms for details.
Overview
How Blaze Messenger Interacts with Other Chat Networks:
Blaze Messenger is a unified inbox and single app for all major chat networks (initially only WhatsApp). To use Blaze Messenger, you must give Blaze Messenger permission to send and receive messages through other chat networks on your behalf.
By using Blaze Messenger, you are adding another software system between you and people you chat with. This may be less secure than chatting directly on a single chat network, especially for encrypted chat apps like WhatsApp. Blaze Messenger is not affiliated with any other chat networks. You must follow the respective terms and guidelines of each chat network while using Blaze Messenger, and Blaze Messenger is not responsible for your conduct or associated consequences on a connected chat network.
How Blaze Messenger Keeps You Safe:
Blaze Messenger upholds privacy and security by fighting against ads, trackers, and other impingements on privacy. We are not profiting by monetizing your data.
Blaze Messenger:
We designed Blaze Messenger from the ground up to give you the highest levels of security and privacy. Blaze Messenger connects directly to third-party chat services. There is no external dependency on Blaze Messenger cloud infrastructure to send and receive messages. Messages are encrypted before being transmitted.
Blaze Cloud:
We have gone to great lengths to protect your privacy and security, including encrypting message contents and attachments before messages are stored on our servers. This means that VoiceBeam employees cannot read your message history after it is stored on our servers.
VoiceBeam’s Privacy Policy and Terms of Service:
Our commitment to privacy and data protection is further reflected in our Privacy Policy. Our Privacy Policy explains VoiceBeam’s data practices, including information we process to provide our services. Our Terms of Use governs your use of our web pages located at https://www.blazemessenger.com, our iOS applications, and our WatchOS applications operated by VoiceBeam GmbH. This agreement is between you and VoiceBeam GmbH, a company incorporated under the laws of Germany, with its principal place of business located at Schwanthalerstrasse 32, Munich, Germany.
Last updated: 2024/09/03.
1. Introduction
Welcome to Blaze Messenger, a product of VoiceBeam GmbH (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.blazemessenger.com, our iOS application, and our WatchOS application (together or individually “Service”) operated by VoiceBeam GmbH.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Please read it here https://blazemessenger.com/privacy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@blazemessenger.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to potentially subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us.
3. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or VoiceBeam GmbH cancels it. You may cancel your Subscription renewal through your Apple ID Settings online or by contacting VoiceBeam GmbH customer support team.
A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide VoiceBeam GmbH with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize VoiceBeam GmbH to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, VoiceBeam GmbH will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4. Fee Changes
VoiceBeam GmbH, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. VoiceBeam GmbH will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Refunds
We issue refunds for Monthly Subscriptions purchased through our iOS app within seven (7) days of the original purchase of the Subscription.
6. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
· In any way that violates any applicable national or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
· 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 Company, a Company employee, another user, or any other person or entity.
· In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
· Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
· Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
· Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of Service.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
· Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
· Take any action that may damage or falsify Company rating.Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use the following third-party Service Providers and others to monitor and analyze the use of our Service:
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
9. AI-Based Voice Message Transcription
Blaze Messenger offers an AI-based voice message transcription and summary service powered by WhisperAI from OpenAI. This feature enables users to convert voice messages into text and generate summaries for easier message management.By using this feature, you acknowledge and agree that:
· Voice messages will be processed by WhisperAI solely for the purpose of transcription and summarization.
· Blaze Messenger does not store or retain voice messages beyond what is necessary for the service, and data is not used to improve or train AI models.
· This feature may be disabled by users at any time within the app settings.
For more details about how OpenAI handles data, you can visit their OpenAI API Data Usage Policies and OpenAI Privacy Policy.
10. No Use By Minors
Service is intended only for access and use by individuals at least sixteen (16) years old. By accessing or using Service, you warrant and represent that you are at least sixteen (16) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least sixteen (16) years old, you are prohibited from both the access and usage of Service.
11. Accounts
When you create an account with us, you guarantee that you are above the age of sixteen (16), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Intellectual Property
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of VoiceBeam GmbH and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VoiceBeam GmbH.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@blazemessenger.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
· a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· identification of the URL or other specific location on Service where the material that you claim is infringing is located;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at contact@blazemessenger.com.
14. Error Reporting and Feedback
You may provide us directly at contact@blazemessenger.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback;
(ii) the Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) the Company is not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by VoiceBeam GmbH.
VoiceBeam GmbH has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH 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 COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES 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.YOU ACKNOWLEDGE AND AGREE THAT VOICEBEAM GMBH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support by email: contact@blazemessenger.com.
25. Arbitration And Dispute Resolution
If you have a concern or dispute with VoiceBeam GmbH, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify VoiceBeam GmbH in writing at contact@blazemessenger.com before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want VoiceBeam GmbH to do to resolve it. If you and VoiceBeam GmbH cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 11.
Please read the following terms carefully because they require U.S. residents and VoiceBeam GmbH to resolve all disputes through binding arbitration.
A. Mandatory Arbitration Agreement for U.S. Residents
If you are a resident of the United States, you and VoiceBeam GmbH agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products will be resolved through binding arbitration on an individual basis.
There are two exceptions:
· First, for claims that qualify, you or VoiceBeam GmbH can elect to have those claims heard in small claims court.
· Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court.
Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.
You can opt-out of this agreement to arbitrate by sending a letter to VoiceBeam GmbH at contact@blazemessenger.com stating that you wish to opt-out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your Blaze Messenger account or agreeing to these Terms, but if you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.
Any arbitration will be administered by JAMS pursuant to its employment arbitration rules & procedures (the “JAMS rules”), which are available here. If these rules cannot be enforced for any reason, then you and VoiceBeam GmbH will arbitrate the dispute utilizing JAMS comprehensive arbitration rules and procedures, or other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.
The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys’ fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.
Subject to the Federal Arbitration Act’s exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying California substantive and decisional law and the California Code of Civil Procedure, including the California Civil Discovery Act. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) (and doesn’t involve injunctive relief), you may choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.
The arbitrator can award any relief that a court of competent jurisdiction could award. If the arbitrator awards you an amount higher than the last written settlement amount offered by VoiceBeam GmbH before an arbitrator was selected, VoiceBeam GmbH will pay you the higher of (i) the amount awarded by the arbitrator, and (ii) $10,000 (ten thousand U.S. dollars).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOICEBEAM GMBH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding VoiceBeam GmbH or our Products isn’t arbitrable under applicable laws or otherwise: you and VoiceBeam GmbH both agree that any claim or dispute with VoiceBeam GmbH will be resolved exclusively in accordance with Section 11.B. of these Terms.
B. Venue
For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 11.A. of these Terms, you and VoiceBeam GmbH agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California, USA.
26. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If the laws in your country require agreements with consumers to be governed by the local laws, then Section 12 does not apply to you.
27. Other StuffChanges and Notifications
We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Unless otherwise required by law, or where we need to make urgent changes for safety, security or regulatory reasons, we will give you reasonable advance notice through appropriate, transparent notifications (for example, through our Products) of material changes to these Terms which impact you and the date that they will come into force. The changes will only apply to our relationship going forward. If you do not agree to the changes to the Terms, you will have to stop using our Products. If you continue to use the Products once the changes come into effect, we will take that as your acceptance of the updated Terms.
Assignment
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by VoiceBeam GmbH without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
Entire Agreement
These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with VoiceBeam GmbH in connection with our Products, constitute the entire agreement between you and VoiceBeam GmbH concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect
No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and VoiceBeam’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision
These Terms are effective as of September 16th, 2024.