Voxtome Terms of Service

Effective Date: August 19, 2026 (or such later date as we publish before these Terms are first presented for acceptance)
Last updated: August 10, 2026

These Terms of Service ("Terms") are a legal agreement between you and Voxtome Interactive LLC ("Voxtome", "we", "us", "our") governing your use of the Service. By creating an Account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Capitalized terms are defined in Section 2. Section 1.3 describes how you accept these Terms and how we record your acceptance.

Before you agree, note these terms in particular:

Contents

  1. Eligibility
  2. Definitions
  3. Accounts
  4. The Service
  5. Purchases, Subscriptions, and Billing
  6. License to Voxtome Content
  7. Allowances and Virtual Items
  8. Refunds, Revocation, and Forfeiture
  9. Catalog Availability
  10. Acceptable Use
  11. User Content
  12. Reporting, Moderation, and Enforcement
  13. Voxtome Content Disclaimers
  14. Third-Party Services, Links, and Advertising
  15. Privacy
  16. Intellectual Property
  17. Copyright and Trademark Complaints
  18. App Store Terms
  19. Termination and Account Deletion
  20. Service Discontinuation
  21. Disclaimers and Limitation of Liability
  22. Dispute Resolution and Class-Action Waiver
  23. Governing Law
  24. Indemnification
  25. Changes to These Terms
  26. General
  27. Region-Specific Terms
  28. Contact

1. Eligibility

1.1 Minimum age. You must be at least eighteen (18) years old to use the Service. By creating an Account or making a purchase, you represent that you are at least eighteen (18) and are able to form a binding contract. We do not knowingly allow anyone under eighteen (18) to create an Account, and we may suspend or terminate any Account we reasonably believe belongs to a person under eighteen (18).

1.2 Accounts belonging to minors. If we learn that an Account belongs to a person under eighteen (18), we will close it. Closure under this Section 1.2 is not a termination for cause, Section 19.3 does not apply to it, and no Allowance, Unlock, or Virtual Item is forfeited under Section 8.5 by reason of that closure alone. A parent or legal guardian may contact us at support@voxtome.app to report such an Account and to request cancellation of any subscription and a refund of amounts paid, which we will process through the applicable App Store or, where we are able to do so directly, directly. Nothing in these Terms limits any right a minor or their parent or legal guardian has to disaffirm a contract or to obtain a refund under applicable law.

1.3 Export control and sanctions. You may not use the Service in violation of applicable export-control or sanctions laws. You represent that you are not located in, and are not a national or resident of, any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party or denied-party list.

1.4 How you accept these Terms. We present these Terms to you before you create an Account and before your first Transaction, together with a conspicuous link to their full text. You accept them by taking the affirmative action the Service indicates — for example, checking a box or selecting a clearly labelled button that states that you agree to these Terms. We record the version of these Terms you accepted, the date and time of acceptance, and the Account and device from which acceptance was given, and we retain that record for as long as your Account exists and for a reasonable period afterwards. You may request a copy of that record at legal@voxtome.app.

2. Definitions

2.1 Defined terms. In these Terms:

2.2 Interpretation. "Including" means "including without limitation." Headings and the contents list are for convenience only and do not affect interpretation. A reference to a Section includes its subsections. A reference to a statute or regulation includes any successor to it. Where these Terms give an example, the example does not limit the general words it follows. No rule of construction requiring an ambiguity to be resolved against the drafter applies to these Terms, except where Applicable Consumer Law requires otherwise.

3. Accounts

3.1 Your Account. You must create an Account to use most features. You agree to provide accurate registration information, to keep your credentials secure, and to accept responsibility for all activity under your Account. You are not responsible for activity that occurs after you have notified us that your Account has been compromised and we have had a reasonable opportunity to act, except to the extent that activity results from your own fraud or breach of these Terms.

3.2 No sharing or transfer. You may not share, sell, transfer, or assign your Account.

3.3 Public visibility. Your username and profile are visible to others, including people who are not signed in. Section 11.3 applies to User Content you post.

3.4 Security incidents. You must notify us promptly at support@voxtome.app if you believe your Account has been accessed without your authorization. We may require you to reset your credentials, and we may temporarily restrict an Account where we reasonably believe it has been compromised. A restriction under this Section 3.4 is not a termination and does not forfeit anything under Section 8.5.

3.5 Keeping your contact details current. Notices we give under these Terms — including notice of a price change (Section 5.4), a change to these Terms (Section 25.1), or discontinuation of the Service (Section 20.4) — are given to the email address on your Account. You must keep that address current and capable of receiving our messages.

4. The Service

4.1 What we provide. The Service provides access to Voxtome Content and related features. Access may be offered free of charge, through a subscription, through individual purchases, or through features of the Service itself, in each case as described in the Service at the time of the Transaction.

4.2 Changes to the Service. We may change the Service at any time. This includes adding, modifying, suspending, or discontinuing any feature, plan, product, Allowance, price, or item, and changing the composition and regional availability of our catalog. We may do so without liability to you, subject to Sections 4.3 and 9. Where a change would materially reduce a feature or entitlement that you have already paid for, we will act reasonably and in good faith, give you notice under Section 25.1, and comply with Sections 4.3, 9, and 25.

4.3 Terms at the time of a Transaction. Descriptions, prices, and terms shown in the Service at the time of a Transaction govern that Transaction, subject to Section 7.8. Except as stated in Section 9, a change made under Section 4.2 does not affect a Transaction already completed.

4.4 Beta and preview features. We may offer features identified as beta, preview, early access, or similar. Those features are provided as is, may change or be withdrawn at any time, may not work as described, and are excluded from any commitment made elsewhere in these Terms about the availability of a feature.

4.5 Your equipment; no backup or export obligation. You are responsible for the device, operating system, internet connection, and any data charges needed to use the Service. We have no obligation to retain or back up your Account data, listening position, or progress, and, except as required by applicable data-protection law, no obligation to provide data exports.

4.6 Accessibility. We aim to make the Service usable with the assistive technology available on the platforms we support, including screen readers and system-level accessibility settings. Section 10.3(a) confirms that using assistive technology is permitted. If you encounter a barrier, contact us at support@voxtome.app and we will make reasonable efforts to address it. This Section does not create a warranty; Section 21.1 applies.

5. Purchases, Subscriptions, and Billing

5.1 Payment processing. All payments for the Service made through an App Store are processed by the App Store through which the payment is made, and are subject to that App Store's terms in addition to these Terms. For those Transactions, we do not process payments and are not the merchant of record; the App Store is. Prices are shown before purchase and may vary by region. Where we make a Transaction available through a channel other than an App Store, Section 5.10 applies.

5.2 Automatic renewal. Subscriptions renew automatically at the then-current price until cancelled, subject to Section 5.4. Section 5.8 sets out what we must disclose to you, and what you must consent to, before a subscription begins. Where a subscription includes an Allowance, it entitles you to a stated amount of listening time for each subscription period. A subscription is not unlimited listening, and does not entitle you to any particular title. The amount of listening time, the subscription period, the price, and anything else the subscription includes are disclosed at the point of sale.

5.3 Cancellation. You must cancel through the App Store that bills your subscription, using that App Store's own subscription settings. The Service provides a direct link to those settings from your Account page. We will not require you to contact us, speak to a person, or complete any step beyond that link in order to cancel. Cancelling stops future renewals; it does not refund the current term. Cancellation takes effect at the end of the current subscription period, and your access and Allowance continue until then. Deleting your Account does not ensure a subscription is cancelled, and neither does our terminating it (Section 19.4):

(a) where Apple bills your subscription, deleting your Account does not cancel it, and you will continue to be billed until you cancel it yourself; and

(b) where Google Play bills your subscription, deleting your Account may not cancel it, and you should cancel it yourself in Google Play.

5.4 Price changes. If the price of a subscription increases, we will give you notice before the increase takes effect. We will give that notice at least thirty (30) days before the first renewal at the increased price, unless the App Store or Applicable Consumer Law requires a longer period, in which case that longer period applies. The notice will state the current price, the new price, the date the increase takes effect, and how to cancel. Where the App Store or applicable law requires your consent, the increase will not apply to you until you give it. You may cancel before the increase takes effect to avoid it.

5.5 Free trials and introductory offers. Where a free trial or introductory price is offered, its length, price, and terms are disclosed at the point of sale. Unless you cancel before it ends, it converts automatically to a paid subscription at the then-current standard price. You may cancel at any time during a free trial and keep the trial for its remaining length. Trials and introductory offers are limited to one (1) per person unless the offer states otherwise.

5.6 Gifts. Where the Service allows you to give another user access to Voxtome Content:

(a) the gift is subject to these Terms;

(b) the recipient must have an Account eligible under Section 1;

(c) the access granted is licensed under Section 6;

(d) the gift cannot be redeemed for cash and cannot be exchanged or returned by the recipient;

(e) any unredeemed gift expires as stated in the Service at the time of purchase, except that no expiry date applies where Applicable Consumer Law prohibits one or requires a longer period, and we will notify the purchaser at the email address on their Account before an unredeemed gift expires; and

(f) only the purchaser may request a refund, and Section 8.3 governs the effect of a refund on the recipient's access.

5.7 Promotional codes and offers. Where the Service offers a promotional code, referral credit, or partner offer, it is limited to one (1) per person and one (1) per household unless the offer states otherwise, is non-transferable, has no monetary value, expires as stated at the time of the offer, and may not be combined with other offers except as that offer states. We may withhold or revoke any of them where we reasonably determine the offer has been abused.

5.8 Automatic renewal: disclosure and consent. Before you are charged for a subscription, we or the App Store will present to you, clearly and conspicuously, in visual proximity to the button or control by which you agree, and separately from these Terms generally, all of the following: that the subscription continues automatically until cancelled; the length of each renewal period; the amount that will be charged on each renewal, or the range of amounts if the amount may vary; the date of the first renewal charge, or the length of any free trial or introductory period before it; and the method of cancelling, together with any deadline for cancelling. A subscription begins only after you affirmatively consent to those terms by an action that does more than accept these Terms generally. Promptly after the Transaction, we or the App Store will send you an acknowledgment, in a form you can retain, that repeats those terms and the cancellation instructions.

5.9 Renewal reminders. Where Applicable Consumer Law requires a reminder before a renewal — including where a free trial or introductory period converts to a paid subscription, or where a subscription period is one (1) year or longer — we or the App Store will send that reminder within the period the law requires, to the email address on your Account or by another method the law permits. The reminder will state that the subscription will renew, the amount and date of the renewal charge, and how to cancel. We may also send reminders where the law does not require them.

5.10 Sales made directly by us. If we make the Service, or any Transaction, available through our own website or another channel that is not an App Store, then for those Transactions we are the merchant of record, our payment processor handles the payment, and all of the following apply in addition to the rest of this Section 5: we will disclose the total price, including any recurring charge and any tax we collect, before you complete the Transaction; we will obtain your express informed consent to any recurring charge; and we will provide a cancellation mechanism that is at least as simple as the mechanism by which you subscribed and that is available through the same medium. Section 18 does not apply to a Transaction made under this Section 5.10, and Section 8.6 governs refunds for it.

5.11 Taxes. Prices shown may exclude sales, use, value-added, goods and services, or similar taxes. Where an App Store is the merchant of record, that App Store determines, collects, and remits applicable taxes. Where Section 5.10 applies, we will state at the point of sale whether the price includes tax, and we will collect and remit tax where we are required to do so. You are responsible for any tax imposed on you personally in respect of a Transaction that we are not required to collect.

5.12 Currency. Charges are made in the currency the Service states at the point of sale. We are not responsible for exchange rates, conversion fees, or cross-border fees applied by your payment provider or by the App Store.

6. License to Voxtome Content

6.1 Licensed, not sold. The Service and Voxtome Content are licensed, not sold. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable license — revocable in accordance with these Terms, and in particular Sections 8, 9, 19, and 20 — to install and use the Voxtome applications on devices you own or control, and to access and play Voxtome Content through your Account within the Service, in each case for your own personal, non-commercial use. You acquire no ownership interest in the Service or in any Voxtome Content. This license applies to every access right however obtained, including by purchase, as a gift, or through your use of the Service, and whether or not the Service describes the access as permanent or as an Unlock. Section 6.4 applies where the Service makes a Portable Copy available. Section 6.8 applies where the Service describes a Transaction using the words "buy," "purchase," or similar words.

6.2 Restrictions. You may not copy, download (except through functionality we provide), record, reproduce, redistribute, publicly perform, sell, rent, sublicense, or make Voxtome Content available to others, except as Section 6.4 expressly permits. Nothing in this Section 6.2 restricts an act that Applicable Consumer Law or applicable copyright law expressly permits and does not allow to be restricted by contract, including an act permitted for the purpose of accessibility.

6.3 Technical measures. Voxtome Content may be protected by technical measures, and Section 10.1(d) prohibits circumventing them. Where a title is protected by technical measures, we will say so in the Service before you acquire an Unlock for it, and we will describe any material restriction those measures impose on the devices or players you can use.

6.4 Portable Copies. Where the Service makes a Portable Copy available for a title (Section 9.5) and you hold an Unlock for it, you may download the file, and we grant you a personal, non-exclusive, non-transferable, non-sublicensable license — subject to Sections 6.6 and 6.7 — to keep it, to copy it to devices and storage you own or control, and to play it there for your own personal, non-commercial use, including after your access to the Service ends. A copy the Service saves on your device for offline playback remains subject to Sections 6.1 to 6.3 and stops working when your access to that title ends.

6.5 What we do not promise about Portable Copies. We do not guarantee that a Portable Copy will remain available for download. We have no obligation to store, back up, replace, or re-supply a Portable Copy, and we may impose reasonable limits on how often a title may be downloaded. Any such limit will be stated in the Service, will be no less than three (3) downloads per title, and will not be applied so as to prevent you from obtaining at least one usable copy of a title for which you hold an Unlock. A Portable Copy is supplied in the format and quality the Service states at the time of download, and we may change either for later downloads. We do not warrant that a Portable Copy will work with any particular device or player.

6.6 Restrictions on a Portable Copy. You may not redistribute a Portable Copy or make one available to any other person; Section 10.1(m) sets out what that includes. These restrictions apply whether or not the file carries the technical measures described in Section 6.3.

6.7 When your license to a Portable Copy ends. Notwithstanding Section 6.1, your license to a Portable Copy you have already downloaded is not affected by the title being removed from the catalog (Section 9.5), by your deleting your Account (Section 19.2), by our terminating your Account other than for a cause listed in Section 19.3, or by the Service being discontinued (Section 20.2). It ends only if:

(a) the Transaction that conferred the Unlock is refunded, reversed, or charged back (Section 8.3(d));

(b) we terminate your Account for a cause listed in Section 19.3;

(c) the Unlock that entitled you to download it is revoked under Section 7.7; or

(d) you breach Section 6.6.

When your license ends, you must delete every copy of the file in your possession or control. We will notify you at the email address on your Account before we treat your license to a Portable Copy as ended under paragraph (b), (c), or (d), state the reason, and give you a reasonable opportunity to respond under Section 12.5, except where we are prohibited by law from doing so or where doing so would frustrate the purpose of the action.

6.8 What "buy" and "purchase" mean in the Service. Where the Service uses the words "buy," "purchase," "own," or any similar word in connection with a title, an Unlock, an Allowance, or a Virtual Item, you are acquiring a license to access that item on the terms of these Terms, and you are not acquiring ownership of it or of any copy of it. Before each such Transaction completes, and separately from your acceptance of these Terms generally, we will present you with a clear and conspicuous statement in plain language, and obtain your affirmative acknowledgment, that:

(a) the Transaction grants you a license and not an ownership interest;

(b) your access is subject to the restrictions and conditions set out in these Terms, with a link or other means of reaching them; and

(c) your access may be revoked, and may become unavailable, if we cease to hold the rights required to make the title available to you, and in the other circumstances described in Sections 8, 9, 19, and 20.

This Section 6.8 does not apply to a title for which we make a Portable Copy available and you have downloaded it, because your license to that file continues under Section 6.7, nor to access granted solely for the duration of a subscription, nor to content made available to you at no charge.

7. Allowances and Virtual Items

7.1 Allowances. An Allowance cannot be redeemed for cash and is not transferable. It is consumed within the Service and cannot be sold, traded, or transferred. Section 8 governs refunds and revocation of an Allowance you paid for. Section 7.3 governs when an Allowance expires.

7.2 How consumption is measured. Where access to Voxtome Content is metered, consumption is measured by the duration of the content you play, not by the real time you spend playing it. Only parts of a title you have not played before count against your Allowance. Playback at a speed other than the original speed does not change the amount consumed. Time is not consumed where playback fails because of a fault in the Service, and we will restore Allowance consumed in that way on request. Playback measurements are also used to calculate and report royalties to rights holders.

7.3 Expiry. Unused Allowance expires at the end of the subscription period in which it was granted, and does not carry over into the next subscription period, except to the extent the Service states otherwise at the time. This applies to your whole Allowance balance, however it was granted, including any refill or top-up you paid for. Where the Service offers a feature that carries part of an unused Allowance into the next subscription period, the amount carried over and the conditions on which it is carried over are as the Service states, and we may change or withdraw that feature under Section 7.6. Unused Allowance is forfeited if a subscription lapses, is cancelled, or is terminated, and Section 8.5 applies to that forfeiture.

We will show your Allowance balance in the Service, together with its expiry date.

7.4 Your entitlements are tied to your Account. Your access to Voxtome Content is tied to your Account, not to any App Store. App Store "restore purchases" functionality does not restore Unlocks or Allowances, including refills and top-ups, and cannot return access lost by deleting your Account (Section 19.2).

7.5 Virtual Items have no monetary value. They are not your property, are not currency, and cannot be redeemed for cash or anything of value outside the Service, or sold, traded, or transferred. You receive only a limited, revocable, non-transferable license to use them within the Service. If an item is both a Virtual Item and an Allowance, the provisions of these Terms governing Allowances govern it.

7.6 Changes. We may create, modify, reset, revalue, suspend, or discontinue any Allowance or Virtual Item at any time, and may change how any of them is earned, granted, or consumed. A change to how an Allowance is consumed applies only to consumption occurring after the change takes effect. We will not reduce, revalue, or discontinue Allowance already in your balance that you have paid for except as Section 8.3(b) permits, and if we discontinue a feature through which such Allowance is consumed we will refund the unused paid balance by the means described in Section 8.1.

7.7 Non-genuine activity. Activity that we reasonably determine to be fraudulent, artificial, automated, or otherwise not the result of genuine use may be disregarded, and any Allowance, Unlock, Virtual Item, progression, or access right arising from it may be withheld, reversed, or revoked. Before revoking an Unlock or an Allowance you paid for under this Section 7.7 we will notify you and give you a reasonable opportunity to respond under Section 12.5, except where notice would frustrate the purpose of the action or we are prohibited by law from giving it. This Section does not apply to an Allowance or Unlock you paid for, except to the extent the payment itself was fraudulent or has been reversed.

7.8 Progression benefits are not guaranteed. The Service may offer levels, ranks, talents, abilities, and similar progression features that grant or increase an Allowance, whether automatically, on your taking a particular action, or on a chance basis. Until granted, any such benefit is discretionary, is not guaranteed, and does not form part of what you acquire in any Transaction; a benefit described at the point of sale applies as described there. We may change, suspend, or withdraw any progression feature under Section 7.6, and we do not guarantee that a chance-based award will occur at any particular rate or at all. Once granted, an Allowance under this Section is an Allowance for all purposes of these Terms, including expiry under Section 7.3.

7.9 Chance-based features and paid entries. Where a chance-based progression feature can be entered or improved by paying money, or by spending anything acquired with money, we will disclose in the Service, before you commit to the Transaction, the range of outcomes available and the probability of each. We will not describe a chance-based feature as a purchase of a specific benefit. This Section applies in addition to any disclosure an App Store requires.

8. Refunds, Revocation, and Forfeiture

8.1 Refunds. Payments made through an App Store are processed by the App Store through which you paid, and refunds for those payments are governed by that App Store's policies. To request a refund, use that App Store's own refund process. Where an App Store allows us to issue a refund directly, or to request one on your behalf, we may do so, but that App Store decides whether a refund is granted and we cannot guarantee an outcome. Sections 9.3(c), 19.2, 19.3, and 20.5 set out the cases in which these Terms separately provide for a refund or credit. Section 26.11 applies to your rights under mandatory consumer law. Section 8.6 applies to a Transaction made under Section 5.10, and Section 8.7 applies where Voxtome Content is faulty or not as described.

8.2 Immediate performance; withdrawal rights. Where Voxtome Content or a digital service is made available to you immediately on purchase, including where you download a Portable Copy, you expressly request and consent to that immediate performance and acknowledge that, once it has begun, you lose any statutory right of withdrawal that would otherwise apply to the Transaction — including, in the European Economic Area and the United Kingdom, the fourteen (14) day right of withdrawal. We, or the App Store, obtain that request, consent, and acknowledgment from you at the point of sale, separately from your acceptance of these Terms generally, and we or the App Store confirm them to you afterwards in a form you can retain. This does not affect your rights if what you received is faulty or not as described, and Sections 26.11 and 27.2 apply.

8.3 Revocation on refund, reversal, or chargeback. If a Transaction is refunded, reversed, or charged back for any reason, the rights and items it conferred may be revoked. We may revoke:

(a) access to Voxtome Content it conferred;

(b) any Allowance it provided, which we may deduct from your balance, and where your balance is insufficient we may deduct the shortfall from Allowance later granted or purchased;

(c) any access it conferred on another user as a gift;

(d) your license to any Portable Copy you downloaded under it, in which case you must delete every copy of the file (Section 6.7); and

(e) any Virtual Item, or any progression benefit (including experience, levels, ranks, talents, or abilities), that the Transaction conferred or that you obtained by consuming what it conferred, to the extent reasonably attributable to that Transaction.

We will revoke under this Section 8.3 only to the extent of what the refunded, reversed, or charged-back Transaction conferred, or of what you obtained by consuming what it conferred and is reasonably attributable to that Transaction, and we will not revoke a right conferred by a different Transaction that has not been refunded, reversed, or charged back.

8.4 Refund abuse. We may restrict, suspend, or terminate Accounts showing patterns of refund abuse, as permitted by law. Requesting a refund to which you are entitled under Applicable Consumer Law is not refund abuse, and we will not restrict, suspend, or terminate your Account for doing so.

8.5 Forfeiture. Where these Terms provide that an Allowance, Unlock, Virtual Item, or other access right is forfeited, it is forfeited without refund, cannot be transferred, and cannot be restored. Forfeiture occurs:

(a) when your Account is deleted (Section 19.2), subject to the restoration window in that Section;

(b) when we terminate your Account, to the extent stated in Section 19.3;

(c) when an Allowance expires or a subscription ends (Section 7.3); and

(d) if the Service is permanently discontinued (Section 20.2).

Forfeiture under this Section 8.5 does not apply to the extent Applicable Consumer Law prohibits it, and Section 26.11 governs any inconsistency.

8.6 Refunds for Transactions made directly with us. Where Section 5.10 applies, we handle refunds ourselves. You may request a refund at support@voxtome.app. We will grant a refund where Applicable Consumer Law requires it, where these Terms separately provide for one, and where you request one within fourteen (14) days of the Transaction and have not begun to consume what the Transaction conferred. We will process an approved refund to the original payment method within fourteen (14) days of approving it.

8.7 Faulty content and content not as described. If Voxtome Content you have paid for does not conform to its description in the Service, is materially defective, or does not work as it should, tell us at support@voxtome.app. We will, at your election, repair or replace it where we reasonably can, and where we cannot do so within a reasonable time and without significant inconvenience to you, we will provide an appropriate price reduction or a refund of what you paid for it, in each case by the means described in Section 8.1. This Section is in addition to, and does not limit, any remedy you have under Applicable Consumer Law, including under Directive (EU) 2019/770 or the Consumer Rights Act 2015 where those apply to you.

9. Catalog Availability

9.1 The catalog changes. Voxtome Content is licensed to us by third-party rights holders, on a territory-by-territory basis and for limited terms. Availability varies by region and changes over time. We do not guarantee that any particular title will be added to, or remain in, the catalog, and we may remove or restrict any Voxtome Content at any time, including at a rights holder's request or in response to a legal or infringement claim.

9.2 Titles you hold an Unlock for. If Voxtome Content is removed from the catalog after you hold an Unlock for it, your access under that Unlock continues and we will keep it available to you, except as stated in Section 9.3. This Section does not apply to Voxtome Content you have played against an Allowance without holding an Unlock; Section 9.1 governs that content.

9.3 Exceptions. Section 9.2 does not apply where:

(a) the Transaction is refunded, reversed, or charged back (Section 8.3);

(b) removal or termination of access is required by law, court order, or a valid infringement claim;

(c) our right to host or deliver that content ends and we are unable to obtain the rights to continue serving it to users who have already acquired access to it, in which case we will give the person who paid for that content at least thirty (30) days' notice at the email address on their Account before access ends, will make a Portable Copy available to them during that period where the rights holder permits it, and will refund the amount they paid, through the applicable App Store or, where that refund cannot be processed, as a credit of equivalent value within the Service;

(d) your Account is deleted or terminated under Section 19; or

(e) the Service is discontinued under Section 20.

9.4 Discontinuation overrides this Section. Section 20 overrides this Section 9, including the refund commitment in Section 9.3(c).

9.5 Downloads are set by the rights holder. Whether a title is available as a Portable Copy is determined by its rights holder, may differ by title and by region, and may be withdrawn at any time and without notice. Withdrawal does not affect a Portable Copy you have already downloaded (Section 6.7). We do not guarantee that a Portable Copy will be offered for any title, and we do not guarantee that one offered when you acquired an Unlock for a title will still be offered when you come to download it. Section 9.3(c) does not apply to a title for which you have already downloaded a Portable Copy. Whether a Portable Copy is available for a title is stated on that title's page in the Service before you acquire an Unlock for it.

10. Acceptable Use

10.1 Prohibited conduct. You agree not to:

(a) use the Service for any unlawful or unauthorized purpose;

(b) post or share material that is harmful, threatening, harassing, defamatory, obscene, hateful, or infringing;

(c) post spam or advertising, or impersonate any person or misrepresent your affiliation;

(d) circumvent, disable, or interfere with digital rights management or other technical access controls;

(e) circumvent geographic restrictions or metering;

(f) share, publish, or redistribute access links or credentials;

(g) circumvent moderation systems or enforcement actions, including by creating another Account;

(h) access the Service through a modified, automated, or unofficial client, or scrape, index, or bulk-download Content or user data;

(i) manipulate or falsify activity on the Service, including usage, playback, progression, or engagement data;

(j) interfere with, disrupt, or place unreasonable load on the Service or its infrastructure;

(k) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that restriction is prohibited by applicable law, including where the act is necessary to achieve interoperability and the conditions of that law are met;

(l) use the Service or any Voxtome Content to train, develop, fine-tune, or evaluate any artificial-intelligence or machine-learning model, to generate synthetic or cloned voices or derivative audio, or to carry out text or data mining;

(m) sell, rent, lend, share, upload, publish, transfer, or otherwise redistribute a Portable Copy, or make one available to any other person;

(n) use the Service to collect, harvest, or infer personal information about another user, or to track, monitor, or contact another user without their consent; or

(o) create Accounts by automated means, or create or operate multiple Accounts in order to obtain a benefit intended to be limited to one per person or per household (Sections 5.5 and 5.7).

10.2 Text and data mining. We expressly reserve our rights, and the rights of our licensors, in respect of text and data mining, including for the purposes of Article 4(3) of Directive (EU) 2019/790.

10.3 What Section 10.1(h) does not prohibit. Section 10.1(h) does not prohibit:

(a) the use of assistive technology, including screen readers, switch access, and voice control, to access the Service; or

(b) the indexing of pages of the Service that we make publicly available, by a search engine that honors the robots exclusion directives we publish.

10.4 Honest reviews. Nothing in these Terms restricts your ability to publish an honest review, rating, or other assessment of the Service or of any Voxtome Content, whether favorable or unfavorable, and we will not impose any penalty or fee on you, or restrict your Account, for doing so. Section 10.1(b) does not apply to a review merely because it is critical. This Section does not prevent us from removing or restricting User Content that is unlawful, that infringes the rights of another, that contains personal information about another person, or that is not based on genuine use of the Service. This Section concerns the content of a review and does not override the eligibility condition in Section 11.8, which governs who may post User Content through the Community Features and applies regardless of whether a review is favorable or unfavorable.

11. User Content

11.1 Your responsibility and ownership. User Content is content you submit to the Service, including reviews, ratings, posts, comments, lists, and your profile information and images. You are responsible for your User Content and you retain ownership of it. You represent that you have all rights necessary to submit it and to grant the license in Section 11.2.

11.2 License you grant us. You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, adapt, publish, publicly display, and distribute your User Content — including your profile information and any images you submit — in connection with operating and promoting the Service. The license is limited to those purposes, and we will not license your User Content to a third party for that third party's own independent use. To the extent permitted by law, you waive any moral rights in your User Content, or agree not to assert them against us. We will not use your name, likeness, or voice in paid advertising without your separate consent, where that consent is required by applicable law.

11.3 Public delivery. You acknowledge that User Content, including images, may be stored on public systems, may be accessible to anyone with the link, and may be displayed outside the Service.

11.4 Deleting your User Content. You may delete your User Content at any time, and the license in Section 11.2 ends when you do, except that:

(a) we may retain copies in backups and logs for a reasonable period;

(b) we are not required to recall or remove copies already distributed, cached, or displayed elsewhere; and

(c) any sublicense granted before deletion to a service provider, for the purpose of operating the Service, survives for as long as that purpose requires.

11.5 Our discretion. We have no obligation to monitor User Content, but we may remove, hide, restrict, or refuse any User Content at our discretion. Section 12 governs how we moderate and how you may challenge a decision.

11.6 No compensation. We are not required to pay you for User Content, and Section 16.2 governs feedback about the Service.

11.7 We do not train models on your User Content. We will not use your User Content to train, develop, or fine-tune a generative artificial-intelligence model, and we will not license it to a third party for that purpose. This does not prevent us from using automated tools, including machine-learning classifiers, to detect spam, abuse, and other breaches of these Terms under Section 12.2, or from using aggregated statistics that do not identify you or reproduce your User Content.

11.8 Eligibility to post. Access to some or all Community Features may be conditioned on your having made a qualifying purchase. Where the Service so indicates, you must hold, or have previously held, a paid subscription, Unlock, Allowance, or other paid entitlement before you may post, publish, or share User Content through the affected Community Features. Any such requirement applies to all users alike and without regard to the content, opinion, or rating expressed in the User Content concerned; the requirement, and the Community Features to which it applies, are as the Service states. This Section does not condition your ability to hold an Account, to maintain a profile, or to access Voxtome Content on any purchase, and it does not affect your ability to review the Service or any Voxtome Content elsewhere, including through an App Store or another third-party service.

12. Reporting, Moderation, and Enforcement

12.1 Reporting. You may report Content and Accounts through the Service.

12.2 How we moderate. We may use automated tools, human review, or both to detect and act on Content and conduct that may breach these Terms. Automated tools may remove or restrict Content or an Account before any person has reviewed it. We may also hide Content automatically in response to user reports, pending review; that is not a determination that it violated these Terms.

12.3 Enforcement action. Where Content or conduct breaches these Terms or applicable law, or where we reasonably believe it creates risk or legal exposure for us or other users, we may take any action we consider appropriate — including warnings, Content removal, and feature restrictions — whether or not the conduct was reported, and without prior notice. We will take the least restrictive action reasonably available to address the risk, and any action we take will be proportionate to it. Enforcement actions may apply to part or all of the Service. Section 19 governs suspension or termination of your Account.

12.4 Restriction of Community Features. In addition to any action we may take under Section 12.3, we may at our discretion limit, suspend, or permanently withdraw your access to any or all Community Features, for a period we determine or indefinitely, where we reasonably believe that you have breached Section 10.1, or that your use of a Community Feature otherwise harms or is likely to harm another user, a rights holder, or us. A restriction under this Section may apply to some Community Features and not others, may be imposed with or without a prior warning, and may be imposed whether or not the conduct was reported. A restriction under this Section is not a suspension or termination of your Account; Section 19.6 sets out what a breach involving Community Features does not affect.

12.5 Appeals. If you believe we have acted in error, you may appeal by contacting us at support@voxtome.app, identifying the Content or Account concerned and the reason you believe the decision was wrong. You may appeal for at least six (6) months after we notify you of the decision. We will review the appeal without undue delay, will not decide it solely by automated means, and will notify you of the outcome and the reasons for it. If we uphold your appeal we will reverse the action, and where an Allowance, Unlock, or Virtual Item was forfeited or revoked we will restore it or, where we cannot, provide equivalent value. An appeal does not suspend the action while it is under review.

12.6 Misuse of reporting. You agree not to misuse the reporting process, including by submitting reports that are manifestly unfounded or repetitive, and we may restrict your ability to submit reports if you do. We will warn you before imposing a restriction under this Section and will tell you how long it lasts.

12.7 Point of contact for the European Union and the United Kingdom. Users and authorities in the European Union and the United Kingdom may contact us about content moderation and these Terms at legal@voxtome.app, in English. To appeal a decision about your own Content or Account, use Section 12.5.

12.8 Statement of reasons. Where we remove, hide, restrict, or demote your Content, restrict your access to a Community Feature, suspend or terminate your Account, or suspend a payment relating to your Account, we will give you a statement of reasons that identifies what we acted on, the ground on which we acted and the provision of these Terms or of law that we relied on, whether the decision was made using automated means, and how to appeal under Section 12.5. We will do so unless we are prohibited by law from doing so, or the Content was manifestly illegal and related to a serious criminal offence. This Section applies to the extent, and in the manner, required by Regulation (EU) 2022/2065 and any equivalent law that applies to us, and nothing in it is an admission that any particular obligation under that Regulation applies to us.

12.9 Out-of-court dispute settlement. Where Regulation (EU) 2022/2065 gives you the right to select a certified out-of-court dispute settlement body to resolve a dispute about a decision described in Section 12.8, nothing in these Terms — including Section 22 — limits that right, and we will engage with that body as that Regulation requires.

13. Voxtome Content Disclaimers

13.1 Not professional advice. Voxtome Content is provided for information and entertainment purposes only. It does not constitute legal, financial, medical, or other professional advice. Do not rely on Voxtome Content as a substitute for advice from a qualified professional.

13.2 Views expressed. Views expressed in Voxtome Content are those of the author, narrator, publisher, or other contributor, and not ours. We do not endorse, and are not responsible for, the accuracy, completeness, or reliability of any Voxtome Content.

13.3 Mature content. The catalog may include Voxtome Content with mature themes, explicit language, or other material that some listeners find objectionable. We make no representation that any title is suitable for any particular listener.

13.4 Descriptors. Content ratings, age ratings, categories, content warnings, and similar descriptors shown in the Service are supplied by rights holders or generated automatically. They are informational only and may be incomplete or inaccurate. This Section does not apply to ratings and reviews submitted by users, which are User Content.

13.5 Safe listening. Listening at a high volume, or for extended periods, can damage your hearing. Set your device volume to a safe level, and follow any hearing-safety guidance your device or operating system provides. Do not use the Service in any way that distracts you from an activity that requires your attention, including driving, cycling, operating machinery, or moving in traffic. You are responsible for using the Service safely and in compliance with applicable law. Nothing in this Section, and nothing in Section 21, excludes or limits our liability for death or personal injury caused by our negligence.

13.6 Synthetic and AI-narrated audio. Where a title is narrated by a synthetic or artificially generated voice, we will identify it as such on that title's page in the Service, where the rights holder has told us that is the case. We rely on rights holders for that information and do not independently verify it.

14.1 Services we depend on. The Service depends on and integrates with services we do not control, including App Stores, our identity provider, content delivery networks, and payment platforms. Your use of those services is governed by their own terms, and you are responsible for complying with them.

14.2 Links and third-party content. The Service may contain links to, or content from, third-party websites, applications, and services. We do not control them, do not endorse them, and are not responsible for their content, policies, or practices. Accessing them is at your own risk.

14.3 Devices and compatibility. The Service may work with third-party devices, operating systems, and applications. We do not guarantee compatibility with any of them and may withdraw support for any of them at any time. Where we withdraw support for a platform or operating-system version on which you have an active paid subscription, and you can no longer use the Service as a result, we will refund the unused portion of that subscription period by the means described in Section 8.1.

14.4 Advertising. Where the Service displays advertising or promotional content, including content supplied by third parties, we are not responsible for the products or services advertised, and any dealings you have with an advertiser are between you and that advertiser. We will identify advertising and sponsored content as such. We do not sell your personal information to advertisers; the Privacy Policy governs what information is used to select advertising shown to you.

14.5 Signing in with a third-party account. Where you sign in using a third-party account, you authorize us to receive from that provider the information described in the Privacy Policy. That provider may change or discontinue the sign-in method, and if it does, we will make reasonable efforts to give you an alternative means of accessing your Account, but we are not responsible for loss of access caused by the provider.

15. Privacy

15.1 Privacy Policy. Your use of the Service is also governed by our Privacy Policy, available at https://voxtome.app/privacy, which describes what information we collect, how we use it, and the rights you have in relation to it. The Privacy Policy is incorporated into these Terms by reference and forms part of them. Section 26.1 governs any inconsistency between the two.

15.2 Changes to the Privacy Policy. We will give notice of a material change to the Privacy Policy in the way Section 25.1 describes, and we will obtain your consent to a change where applicable data-protection law requires it.

16. Intellectual Property

16.1 Our rights. The Service and everything in it other than User Content — including software, text, graphics, trademarks, and Voxtome Content — is owned by Voxtome Interactive LLC or its licensors and is protected by intellectual property laws. No rights are granted except as expressly stated in these Terms. You may not use our name or marks without our written permission. This Section does not restrict fair use, fair dealing, nominative use, or any other use permitted by applicable law without permission.

16.2 Feedback. If you send us ideas, suggestions, or feedback about the Service, you grant us an unrestricted, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable right to use them for any purpose, without obligation or compensation to you. Feedback is not User Content, and Section 11 does not apply to it. Do not send us anything you consider confidential. This Section does not transfer ownership of any patent, copyright, or other registered right you hold, and does not apply to anything you send us under a separate written agreement.

17.1 Designated agent. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent:

Copyright Agent
Voxtome Interactive LLC
725 NW 10th Ave #413
Portland, OR 97209
Telephone: (503) 568-1197
Email: legal@voxtome.app

Our designated agent is registered with the United States Copyright Office, and the registration is maintained and renewed as required by 17 U.S.C. § 512(c)(2) and its implementing regulations.

17.2 Notice requirements. A valid notice must include:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works;

(c) identification of the material claimed to be infringing, together with information reasonably sufficient to permit us to locate it;

(d) information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;

(e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the right allegedly infringed.

17.3 Misrepresentation. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.

17.4 Counter-notification. If your material was removed and you believe it was removed by mistake or misidentification, you may send a counter-notification to the agent above containing:

(a) your physical or electronic signature;

(b) identification of the material and the location at which it appeared before it was removed or disabled;

(c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;

(d) your name, address, and telephone number; and

(e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, the District of Oregon, and that you will accept service of process from the person who submitted the notification or their agent.

17.5 What happens after a notice or counter-notification. On receiving a notice that complies with Section 17.2, we will expeditiously remove or disable access to the material and take reasonable steps to notify you that we have done so. If you send a counter-notification that complies with Section 17.4, we will forward it to the person who sent the notice and, unless that person notifies us within ten (10) business days that they have filed an action seeking a court order to restrain the activity, we will restore the material within ten (10) to fourteen (14) business days of receiving the counter-notification.

17.6 Trademark. If you believe Content in the Service infringes your trademark rights, send a notice to legal@voxtome.app identifying the mark and the basis of your rights in it, the Content at issue and where it appears, your contact information, and a statement of your good-faith belief that the use is not authorized.

17.7 Repeat infringers. We have adopted and reasonably implement a policy under which we terminate the Accounts of repeat infringers in appropriate circumstances. Under that policy, we record each notice complying with Section 17.2 that we act on as a strike against the Account responsible for the material, and we do not record a strike where a counter-notification results in the material being restored, where the notice is withdrawn, or where we determine the notice was not valid. We notify you of each strike at the email address on your Account. An Account that accumulates three (3) strikes will be terminated, and we may terminate an Account sooner where the circumstances warrant it. Termination under this Section 17.7 is a termination for a cause listed in Section 19.3. You may challenge a strike under Section 12.5.

18. App Store Terms

18.1 Responsibility for the Service. These Terms are between you and Voxtome only, not with any App Store. We alone are responsible for the Service and for providing any maintenance and support for it; support requests go to support@voxtome.app. No App Store has any obligation to furnish maintenance or support for the Service.

18.2 Apple. If you obtained the Service from the Apple App Store:

(a) the license granted in these Terms is limited to a non-transferable license to use the Service on any Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;

(b) Apple has no obligation to furnish any maintenance or support services with respect to the Service;

(c) Apple is not responsible for any warranty, express or implied. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service;

(d) we, and not Apple, are responsible for addressing any claim by you or any third party relating to the Service, including product liability claims, any claim that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation;

(e) we, and not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service infringes that third party's intellectual property rights;

(f) you will comply with any applicable third-party terms of agreement when using the Service;

(g) you reaffirm the representation in Section 1.3 for the benefit of Apple; and

(h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance of these Terms, have the right to enforce them against you.

18.3 Google Play. If you obtained the Service from Google Play, your download and use of it are also subject to the Google Play Terms of Service and any Google policies applicable to you. Google is the merchant of record for purchases billed through Google Play, and Google Play's refund policy governs those purchases. Google is not a party to these Terms.

18.4 Refund information. Where you request a refund through an App Store, you authorize us to provide that App Store with information about your use of the relevant purchase so it can evaluate the request.

18.5 Other app stores. If you obtained the Service from an app store other than the Apple App Store or Google Play, the terms of that app store apply to you in addition to these Terms, and Sections 18.1 and 18.4 apply to it as an App Store. Where the terms that app store requires us to include conflict with these Terms, those terms govern in respect of your use of the Service obtained through it.

18.6 Conflict. Where an App Store's terms give you a right that these Terms do not, that right is not limited by these Terms.

19. Termination and Account Deletion

19.1 Suspension and termination by us. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if you breach these Terms or applicable law, or if we reasonably believe your conduct creates risk or legal exposure for us or other users. We will give you notice of the suspension or termination, and a statement of reasons under Section 12.8, at or before the time we act, unless giving notice would frustrate the purpose of the action, would put another person at risk, or is prohibited by law, in which case we will give notice as soon as we reasonably can afterwards. You may appeal under Section 12.5. We will have no liability to you for doing so, except as Sections 19.3 and 12.5 provide; Section 19.3 limits what is forfeited. Section 19.6 limits our right to act under this Section for conduct involving Community Features.

19.2 Deleting your Account. You may delete your Account at any time through the Service. Before we accept a deletion request, we will show you a clear and conspicuous warning that lists what you will lose — including any Unlocks, Allowances, Virtual Items, and access to titles you have paid for — and tells you that deletion cannot be reversed once the restoration window below has closed, and we will require you to acknowledge that warning separately from any other confirmation. For thirty (30) days after you request deletion, you may restore your Account and everything associated with it by signing in again and confirming that you wish to restore it. We will tell you the date the restoration window closes when you make the request and again by email. Your Account is deleted, and the following applies, only once that window has closed. On deletion, your User Content and Account data are removed as described in the Privacy Policy, and all access rights, Allowances, Unlocks, and Virtual Items associated with your Account are forfeited under Section 8.5 — including access to titles you purchased or hold an Unlock for — and cannot be transferred or restored. A Portable Copy you have already downloaded is not affected, and your license to it continues under Section 6.7. App Store restore functionality does not return them (Section 7.4). This Section does not apply to a subscription billed through an App Store, which Section 19.4 governs. Where mandatory consumer law requires it, we will refund the unused portion of what you paid, by the means described in Section 8.1.

Nothing in this Section 19.2 limits your right under applicable data-protection law to have your personal information erased. Where you exercise that right, we will honor it in accordance with that law and the Privacy Policy, and the restoration window above does not delay erasure beyond the period that law permits.

19.3 Forfeiture on termination. If we terminate your Account, an Allowance, Unlock, or Virtual Item you paid for, or other access to Voxtome Content you paid for, is forfeited only where the termination is under Section 19.1 for a breach involving:

(a) fraud, including payment fraud;

(b) a pattern of refunds, reversals, or chargebacks (Section 8.4);

(c) circumventing digital rights management or other technical access controls (Section 10.1(d));

(d) circumventing geographic restrictions or metering (Section 10.1(e));

(e) sharing, publishing, or redistributing access links or credentials (Section 10.1(f));

(f) repeat infringement (Section 17.7); or

(g) selling, sharing, or otherwise redistributing a Portable Copy (Section 10.1(m)).

Where we terminate for a cause listed in this Section 19.3, your license to any Portable Copy also ends (Section 6.7). In every other case — including where we terminate under Section 19.1 because we believe your conduct creates risk or legal exposure, without a breach by you — we will suspend rather than forfeit, and your license to any Portable Copy you have already downloaded continues. Where we terminate your Account other than for a cause listed in this Section 19.3, we will refund the unused portion of any subscription period you have already paid for, by the means described in Section 8.1, whether or not Applicable Consumer Law requires it. Where Applicable Consumer Law requires a refund in any other case, we will make it.

19.4 Subscriptions are not cancelled. Terminating or deleting your Account does not ensure a subscription billed through an App Store is cancelled, and billing may continue until the subscription is cancelled. Section 5.3 applies, and you must cancel the subscription yourself through that App Store. Where we notify you that we have terminated your Account, the notice will remind you that any subscription continues until you cancel it. Where you request deletion of your Account and we can detect an active subscription, the Service will tell you so, and will give you a direct link to the App Store's cancellation settings, before it accepts the request.

19.5 Rights against an App Store. Sections 19.2 and 19.3 do not limit any right you have against an App Store in respect of a purchase you made through it.

19.6 Breaches involving Community Features. Where you breach Section 10.1(b) or Section 10.1(c), or otherwise misuse a Community Feature, Section 12.4 governs. That conduct, on its own, is not a ground for suspending or terminating your Account, and does not forfeit, reduce, or restrict your Allowance, Unlocks, Virtual Items, progression, subscription, or your access to Voxtome Content. Your Content may still be removed, hidden, or restricted under Sections 11.5 and 12.3, and your access to Community Features may be restricted under Section 12.4. This Section does not apply where the Content or conduct is unlawful or infringes the rights of a third party, and does not limit Section 10.1(g), Section 17.7, or Section 19.3.

19.7 Termination by you. You may stop using the Service at any time. Ending your subscription under Section 5.3 does not delete your Account, and your Unlocks and Virtual Items remain available to you while your Account is open.

20. Service Discontinuation

20.1 We may discontinue the Service. You acknowledge that the Service may be modified, suspended, or permanently discontinued at any time for any reason, including the closure of Voxtome Interactive LLC.

20.2 What happens on discontinuation. If the Service is discontinued, your Account will become permanently inaccessible, all licenses to Voxtome Content will terminate, content saved for offline playback within the Service will cease to function, and Allowances, Unlocks, Virtual Items, progress, and other data will be permanently lost. Section 8.5 applies to that forfeiture. This does not affect a Portable Copy you have already downloaded, and your license to it continues under Section 6.7. Section 20.6 sets out what we will do, before access ends, to give you the opportunity to download Portable Copies.

20.3 Access is conditioned on the Service operating. Continued access to Voxtome Content is expressly conditioned on the continued operation of the Service. Except as stated in Section 20.5 or as required by applicable law, we will have no obligation to provide refunds, continued access, or alternative delivery.

20.4 Notice. Where we choose to permanently discontinue the Service, we will give you at least thirty (30) days' notice through the Service and by email before access ends. We may give shorter notice, or none, where the discontinuation results from insolvency, the loss of a license or a supplier, a legal or regulatory requirement, or another cause outside our reasonable control. Notice under this Section does not create an obligation to refund, and does not limit Section 20.5 or Section 20.6.

20.5 Subscription refund. If the Service is permanently discontinued, we will refund the unused portion of any subscription period you have already paid for, calculated from the date access ends to the end of that period, through the applicable App Store. This Section does not apply where we are unable to make the refund because of insolvency or an equivalent proceeding, and does not apply to Voxtome Content, Allowances, Unlocks, or Virtual Items, which Section 20.2 governs.

20.6 Wind-down. Where we choose to permanently discontinue the Service, we will, during the notice period in Section 20.4 and to the extent our agreements with rights holders permit: make a Portable Copy available for download for each title for which you hold an Unlock; tell you, in the notice, which of your titles will and will not be available in that way; and keep the download function operating until access ends. We do not guarantee that any particular title will be available as a Portable Copy, because that depends on the rights holder (Section 9.5). This Section does not apply where the discontinuation results from insolvency, the loss of a license or a supplier, a legal or regulatory requirement, or another cause outside our reasonable control, and it does not require us to acquire rights we do not hold.

21. Disclaimers and Limitation of Liability

21.1 Warranty disclaimer. Except as Sections 8.7, 21.6, 26.11, and 27 provide, and to the fullest extent permitted by applicable law: THE SERVICE AND ALL CONTENT ARE PROVIDED BY US AND OUR LICENSORS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, THAT ANY CONTENT WILL BE ACCURATE OR FREE OF OBJECTIONABLE MATERIAL, OR THAT ANY CONTENT WILL REMAIN AVAILABLE. YOU USE THE SERVICE AT YOUR OWN RISK.

21.2 No indirect damages. To the fullest extent permitted by law, the Voxtome Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or Content, arising out of or relating to these Terms or the Service, whether based in contract, tort, strict liability, or otherwise, and even if advised of the possibility. This Section 21.2 is subject to Section 21.6.

21.3 Liability cap. The total aggregate liability of the Voxtome Parties, taken together, arising out of or relating to these Terms or the Service will not exceed the greater of (a) one hundred dollars ($100) or (b) the amounts you paid for the Service, whether to us or through an App Store, in the twelve (12) months preceding the event giving rise to the claim. This cap does not apply to amounts for which these Terms separately provide a refund or credit under Sections 8.6, 8.7, 9.3(c), 14.3, 19.2, 19.3, 20.5, or 25.5, nor to the matters listed in Section 21.6.

21.4 Basis of the bargain. The disclaimers and limitations in this Section 21 are an essential basis of the bargain between us, and we would not make the Service available on these terms without them.

21.5 Jurisdictional limits. Some jurisdictions do not allow certain exclusions or limitations, so some of Sections 21.1 to 21.4 may not apply to you. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

21.6 What we never exclude or limit. Nothing in these Terms excludes or limits the liability of any Voxtome Party for:

(a) death or personal injury caused by that party's negligence;

(b) fraud or fraudulent misrepresentation;

(c) that party's own gross negligence or willful misconduct;

(d) any matter for which liability cannot lawfully be excluded or limited under Applicable Consumer Law or any other applicable law; or

(e) our obligation to pay a refund or credit that these Terms expressly provide for.

21.7 Consumers. If you are a Consumer, Sections 21.1 to 21.4 apply to you only to the extent permitted by Applicable Consumer Law, and Sections 26.11 and 27 govern any inconsistency. Nothing in this Section 21 affects your remedies under Section 8.7.

22. Dispute Resolution and Class-Action Waiver

22.1 Informal resolution first. Before filing a claim, you agree to send us a written notice of dispute at legal@voxtome.app, or by mail to the address in Section 28, and to attempt in good faith to resolve it for at least thirty (30) days. The notice must be signed by you personally, by hand or by electronic signature, and must include:

(a) your name, the email address on your Account, and your username;

(b) the address at which you reside;

(c) a description of the nature and basis of the dispute, specific enough for us to evaluate it; and

(d) the relief you seek and how you calculated it.

We will send an equivalent notice before bringing a claim against you. Compliance with this Section 22.1 is a condition precedent to filing a claim or a demand for arbitration, and either party may ask a court or the arbitrator to enforce it. This Section 22.1 does not apply to a claim brought in a small-claims court under Section 22.5, or to an application for injunctive relief in respect of intellectual property or unauthorized access to the Service.

We will acknowledge a notice of dispute within seven (7) days of receiving it, and will respond substantively within thirty (30) days. Either party may request a telephone or video conference during the thirty (30) day period, and the other party will participate in good faith. Any limitation period applicable to the dispute is tolled from the date the notice is received until thirty (30) days afterwards or until the parties agree the informal process has ended, whichever is later. A failure to comply with this Section 22.1 does not bar a claim where compliance would cause a limitation period to expire.

22.2 Agreement to arbitrate. Please read this Section carefully. It affects how disputes between you and us are resolved, and it requires most of them to be decided by an arbitrator rather than by a judge or a jury. Subject to Sections 22.3, 22.5, 22.6, and 22.14, you and Voxtome agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, enforcement, or termination — will be resolved by binding individual arbitration and not in court. This Section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 to 16, which the parties agree applies because these Terms evidence a transaction involving interstate commerce.

22.3 Your right to opt out. You may opt out of Section 22.2 by sending written notice to legal@voxtome.app, or to the address in Section 28, within thirty (30) days of the date you first accept these Terms. The notice must state your name, the email address on your Account, and that you are opting out of the agreement to arbitrate. Opting out does not affect any other part of these Terms, and we will not restrict, suspend, or terminate your Account, deny you any benefit, or treat you differently in any way because you have opted out. If you opt out, Sections 22.11 and 22.12 govern any dispute between us, and Sections 22.2, 22.5 to 22.10, and 22.15 do not apply to you. If you have previously accepted a version of these Terms that did not contain Section 22.2, your thirty (30) day period runs from the date you accept the version that first contains it.

22.4 Individual basis; class-action and jury waivers. YOU AND VOXTOME MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

The arbitrator may award relief only to the individual party seeking it, and only to the extent necessary to provide relief on that party's own claim. The arbitrator has no authority to preside over any class, collective, consolidated, or representative proceeding, and no authority to consolidate the claims of more than one person except as Section 22.8 provides.

Nothing in this Section 22.4 waives any right to seek public injunctive relief that cannot lawfully be waived. A claim for such relief is severed from the arbitration and stayed until the arbitration concludes, and is then heard by a court under Section 22.11.

Neither waiver in this Section 22.4 applies to you to the extent the law of the jurisdiction in which you are resident does not permit it to be enforced against a Consumer. In particular, a pre-dispute waiver of the right to a jury trial is not enforceable in some jurisdictions, and this Section is not intended to be enforced where that is so.

If the class-action waiver in the first paragraph of this Section 22.4 is held unenforceable as to a particular claim, that waiver is severed as to that claim alone, that claim proceeds in court under Section 22.11, and the remainder of this Section 22 stays in force as to all other claims. Section 26.2 does not apply to this Section 22.4.

22.5 Small claims. Either party may bring an individual claim in a small-claims court that has jurisdiction over it, instead of in arbitration, for as long as the claim remains in that court on an individual basis. If you are a Consumer, you may bring that claim in the small-claims court for the place where you reside, and we will not object to venue there.

22.6 Injunctive relief for intellectual property and unauthorized access. Either party may apply to a court of competent jurisdiction for injunctive or other equitable relief to protect intellectual property rights or to prevent unauthorized access to the Service, and doing so is not a waiver of Section 22.2.

22.7 Rules, forum, and fees. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this Section 22. We will pay all filing, administrative, and arbitrator fees that those Rules require the business to pay, and we will pay any part of your share of such a fee that exceeds what you would pay to file the same claim in the state court for the place where you reside. For any claim seeking twenty-five thousand dollars ($25,000) or less, the arbitration will be decided on the documents submitted, unless you request a hearing. Any hearing will be held by telephone or video conference unless you request an in-person hearing, in which case it will be held in the federal judicial district in which you reside. You will not be required to travel to Oregon. If the American Arbitration Association is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, either party may ask a court under Section 22.11 to appoint one.

22.8 Coordinated claims. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the demands will be resolved in batches of no more than fifty (50). The parties will cooperate in selecting the batches and a single arbitrator for each batch, and will ask the administrator to treat each batch as a single case for fee purposes. All limitation periods, and all fee-payment deadlines, are tolled for demands awaiting their batch. Either party may ask the arbitrator in the first batch to resolve issues common to the batches on a basis that binds the parties in later batches. Nothing in this Section requires a claimant to abandon a claim or delays a claim beyond a reasonable time, and if a court holds this Section unenforceable, the demands proceed individually and the remainder of this Section 22 stays in force.

22.9 Who decides what. The arbitrator decides all issues arising under Section 22.2, including the scope, interpretation, and enforceability of the agreement to arbitrate — except that a court, and not an arbitrator, decides whether Section 22.4 is enforceable. If Section 22.4 is held unenforceable as to a claim, that claim proceeds in court under Section 22.11 and the remainder of this Section 22 continues to apply to all other claims.

22.10 Award. The arbitrator's award is final and binding, may be entered as a judgment in any court of competent jurisdiction, and is subject to review only as the Federal Arbitration Act permits. The arbitrator may award any relief a court could award on an individual claim, including statutory damages and attorneys' fees where a statute provides for them, and must issue a written decision stating the essential findings and conclusions on which the award is based.

22.11 Court proceedings; venue. Where a claim between you and us is not subject to arbitration, including where you have opted out under Section 22.3, where Section 22.6 applies, or where a claim is severed under Section 22.4 or 22.9: the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Multnomah County, Oregon. Either party may instead bring an individual claim in a small-claims court under Section 22.5.

This Section 22.11 does not apply to you to the extent the law of the jurisdiction in which you are resident does not permit an exclusive choice of forum to be enforced against a Consumer, or gives you a non-excludable right to bring proceedings in the courts of that jurisdiction. Section 27 sets out specific cases in which that is so. Nothing in this Section prevents either party from enforcing an arbitration award or a judgment in any jurisdiction.

22.12 Time to file. To the fullest extent permitted by law, any claim must be commenced within two (2) years after the claim accrued, or it is permanently barred. This does not shorten any period that applicable law does not permit to be shortened. This Section does not apply to you if you are a Consumer resident in a jurisdiction whose law does not permit a limitation period to be shortened by agreement against a Consumer, and it is subject to the tolling provisions in Sections 22.1 and 22.8.

22.13 Costs. Each party bears its own attorneys' fees and costs, except where a statute, a court order, or an arbitrator's award provides otherwise, and except as Section 22.7 provides for arbitration fees. Nothing in these Terms creates a right to recover attorneys' fees that would not otherwise exist, and nothing in these Terms limits a right to recover them that Applicable Consumer Law gives you.

22.14 Consumers outside the United States. Section 27.2 applies to consumers resident in the European Economic Area, the United Kingdom, and Switzerland, and disapplies parts of this Section 22. Sections 27.5 and 27.6 apply to consumers resident in Australia and in Canada.

Section 22.2 does not apply to a Consumer resident in the European Economic Area, the United Kingdom, Switzerland, Australia, or Quebec, or in any other jurisdiction whose law does not permit a pre-dispute arbitration agreement or a class-action waiver to be enforced against a Consumer. Section 27 governs those users, and Sections 22.11 and 22.12 apply to them only to the extent Section 27 permits.

22.15 Severability and survival. If any part of this Section 22 other than Section 22.4 is held unenforceable, that part is severed and the remainder continues in force. This Section 22 survives termination of these Terms and of your Account.

23. Governing Law

23.1 Oregon law. These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. This Section is subject to Sections 26.11 and 27, and does not deprive you of the protection of any provision of the law of your country of residence that cannot be derogated from by agreement.

23.2 Who you contract with. You contract with Voxtome Interactive LLC, an Oregon limited liability company, wherever you are resident. Sections 26.11 and 27 apply if you are a consumer resident elsewhere.

23.3 Availability by jurisdiction. We make no representation that the Service is appropriate or available in every jurisdiction. If you access the Service from outside the United States, you do so on your own initiative and are responsible for complying with local law. This Section does not apply where we have actively directed the Service to your jurisdiction, and does not displace any consumer-protection law that applies because we have done so.

24. Indemnification

24.1 Your indemnity. You agree to defend, indemnify, and hold harmless the Voxtome Parties from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of law or of the rights of a third party, or your User Content. This Section applies only to claims made against a Voxtome Party by a person who is not a Voxtome Party, and does not apply to a claim between you and us, which Section 22 governs.

24.2 What your indemnity does not cover. Your obligation under Section 24.1 does not apply:

(a) to the extent the claim arises from the negligence, breach of these Terms, or other wrongful act or omission of a Voxtome Party;

(b) to the extent the claim arises from Voxtome Content or from any other material a Voxtome Party supplied;

(c) to any amount attributable to a settlement made without your consent, which you will not unreasonably withhold or delay; or

(d) to you as a Consumer, to the extent Applicable Consumer Law does not permit an indemnity of this kind to be imposed on a Consumer. Section 27 sets out specific cases in which that is so.

24.3 Conduct of claims. We will notify you promptly of any claim for which we seek indemnity, and our failure to do so relieves you of your obligation under Section 24.1 to the extent you are prejudiced by the delay. We may assume the exclusive defense and control of that claim at your expense, in which case you will cooperate with us at our reasonable request. Where we do so, we will keep you informed of material developments and will not settle the claim in a way that imposes a non-monetary obligation on you, or admits fault on your behalf, without your prior written consent. You may not settle any claim in a way that imposes an obligation on us, or admits fault on our behalf, without our prior written consent.

24.4 Mitigation. We will take reasonable steps to mitigate any loss for which we seek indemnity under this Section 24.

25. Changes to These Terms

25.1 How we change these Terms. We may update these Terms from time to time. If we make material changes, we will give you at least thirty (30) days' notice through the Service and by email to the address on your Account before they take effect. The notice will identify what is changing and will link to a copy of the changed Terms showing the changes marked. Non-material changes take effect when posted.

25.2 Acceptance. Continued use after the changes take effect constitutes acceptance, subject to Section 25.4. If you do not agree, stop using the Service. You may also delete your Account, but deleting your Account forfeits everything associated with it, including titles you have paid for access to, without refund beyond what the law requires (Section 19.2).

25.3 No retroactive effect. Changes do not apply retroactively to a dispute that arose before the change took effect. A change does not alter the terms of a Transaction you have already completed, and Section 4.3 continues to apply to it.

25.4 Changes that require your acceptance. Where a change would materially reduce your rights, materially increase your obligations, or change Section 22, we will not rely on your continued use alone. We will instead ask you to accept the change by an affirmative action before it applies to you, and we will tell you what happens if you do not. If you do not accept such a change, the version of these Terms you last accepted continues to apply to you until your subscription period ends, after which we may decline to renew your subscription or, on thirty (30) days' notice, terminate your Account under Section 25.5.

25.5 If you reject a change. If we terminate your Account because you have not accepted a change described in Section 25.4, that termination is not for a cause listed in Section 19.3. Nothing is forfeited under Section 8.5 by reason of it, your license to any Portable Copy continues under Section 6.7, and we will refund the unused portion of any subscription period you have paid for, by the means described in Section 8.1.

25.6 Dates. The "Last updated" date at the top of this document is the date these Terms were last changed. The "Effective Date" is the date this version took, or takes, effect. We will keep prior versions of these Terms available at https://voxtome.app/terms/archive for at least three (3) years after they cease to be current.

26. General

26.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding your use of the Service as a user, and supersede all prior agreements on that subject. Where these Terms and the Privacy Policy differ on the collection, use, or other handling of personal information, the Privacy Policy governs to the extent of the difference. Any separate written agreement between you and us covering the licensing, distribution, or monetization of content you supply to us, including through our creators portal, governs that subject and is not superseded by these Terms. Nothing in this Section limits any liability or remedy for fraud or fraudulent misrepresentation, and nothing in it excludes a term that Applicable Consumer Law implies into your agreement with us.

26.2 Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder stays in effect. This Section does not apply to Section 22.4, which provides its own remedy.

26.3 No waiver. No failure or delay in exercising a right waives it.

26.4 Assignment. You may not assign these Terms; Section 3.2 governs your Account. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. We will notify you of an assignment at the email address on your Account. An assignment does not relieve us of an obligation that accrued before it, and does not reduce the rights you hold under these Terms at the time of it.

26.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control. This Section does not apply to an obligation to pay or refund money, and does not apply where the event was caused by our own act or omission. Where an event of this kind prevents us from providing the Service for more than thirty (30) consecutive days, you may cancel your subscription and receive a refund of the unused portion of the current period by the means described in Section 8.1.

26.6 Third-party beneficiaries. There are no third-party beneficiaries of these Terms except:

(a) Apple, as stated in Section 18.2(h);

(b) the Voxtome Parties, who may enforce Sections 21 and 24; and

(c) our content licensors, who may enforce Sections 6, 10.1(d) to (f), 10.1(h), 10.1(l), 10.1(m), 10.2, and 16 in respect of their content.

No consent from any person named in this Section 26.6 is required to vary or rescind these Terms.

26.7 Survival. Sections 2, 3.2, 5.11, 6.2 to 6.7, 7.1, 7.5, 8, 9.3 to 9.5, 10, 11.1, 11.2 (subject to Section 11.4), 11.3, 11.4, 11.7, 12, 13, 14.2, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25.3, 26, and 27 survive termination of these Terms or of your Account, together with any other provision that by its nature should survive, and any obligation to pay or refund an amount that accrued before termination.

26.8 Notices; electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. We may give notice through the Service or by email to the address on your Account, which you must keep current. Legal notices to us go to legal@voxtome.app and the address in Section 28; a notice of dispute is validly given as Section 22.1 states.

To receive and retain electronic communications you need a device with a current web browser or the Voxtome application, an internet connection, an email account you can access, and the ability to view and save PDF files. You may withdraw your consent to receive communications electronically by writing to legal@voxtome.app; because the Service is provided only electronically, withdrawing consent means you can no longer use the Service, and we will treat the request as a request to delete your Account under Section 19.2 unless you tell us otherwise. You may request a paper copy of any communication we have sent you, at no charge, at the same address.

26.9 Language. These Terms are written in English. If we provide a translation, the English version controls to the extent of any conflict, except where applicable law provides otherwise.

26.10 No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us, and neither party may bind the other.

26.11 Mandatory consumer rights. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the mandatory consumer law of your jurisdiction that cannot lawfully be excluded, restricted, or modified. This includes any refund or cancellation right you have under that law. Where any forfeiture, expiry, revocation, or waiver described in these Terms — including under Sections 5.6(d), 6.7, 7.3, 8.2, 8.3, 8.5, 19.2, 19.3, and 20.2 — would be inconsistent with such a right, that right prevails to the extent of the inconsistency. Section 27 sets out further region-specific terms.

26.12 Service of legal process. Legal process must be served on our registered agent for service of process in the State of Oregon, whose name and address are on file with the Oregon Secretary of State and available through its business registry. Sending a notice to legal@voxtome.app does not constitute service of process.

27. Region-Specific Terms

27.1 Scope. This Section applies only if you are resident in a region it names. Where it conflicts with another provision of these Terms, this Section governs.

27.2 European Economic Area, United Kingdom, and Switzerland. If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, Sections 22.2 to 22.12 do not apply to you. You may bring proceedings in the courts of your country of residence, and nothing in these Terms limits that right. The same applies in any other jurisdiction whose law does not permit a pre-dispute arbitration agreement, a class-action waiver, a jury-trial waiver, an exclusive choice of forum, or a shortened limitation period to be enforced against a consumer, to the extent of that limitation. Section 22.1 still applies to the extent permitted by the law that governs you. Section 8.2 applies to your statutory right of withdrawal only to the extent that law permits. In addition, if you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland: you benefit from any mandatory provisions of the law of your country of residence, notwithstanding Section 23.1; nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, or for fraud, to the extent that liability cannot lawfully be excluded or limited; and Section 24 applies to you only to the extent permitted by the law of your country of residence.

You have the remedies set out in Section 8.7 where Voxtome Content is not in conformity with its description or with what you agreed, and those remedies are in addition to any remedy Directive (EU) 2019/770, the Consumer Rights Act 2015, or equivalent law gives you. If you wish to use an alternative dispute resolution scheme, you may contact the consumer ADR body competent in your country of residence; we are not obliged to use, and do not commit to using, any particular scheme.

27.3 California. This notice is provided under California Civil Code § 1789.3. Our legal name, complete street address, and telephone number appear in Section 28. Charges for the Service are disclosed in the Service before you purchase, as described in Section 5. To resolve a complaint about the Service, contact us at support@voxtome.app. If you are not satisfied with our response, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

If you are a California resident: the jury-trial waiver in Section 22.4 does not apply to you, because California law does not permit a pre-dispute waiver of the right to a jury trial; Section 22.4 does not waive any right to seek public injunctive relief; and Section 6.8 applies to every Transaction in which the Service uses the words "buy," "purchase," or a similar word, as California Business and Professions Code § 17500.6 requires. Sections 5.8 and 5.9 apply to you as California Business and Professions Code §§ 17600 to 17606 require.

27.4 New Jersey. If you are a resident of New Jersey, the provisions of these Terms that disclaim warranties, limit or exclude our liability, cap damages, require you to indemnify us, or shorten the time within which a claim must be brought — including Sections 21, 22.12, and 24 — apply to you only to the extent permitted by New Jersey law. Nothing in these Terms waives, or is intended to waive, any right or remedy available to you under New Jersey law that cannot lawfully be waived.

27.5 Australia. If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law. Sections 21.1 to 21.4 apply to you only to the extent permitted by that law, and where we are permitted to limit our liability for a breach of a non-major guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied. Sections 22.2 to 22.12 do not limit your right to bring proceedings in an Australian court or tribunal, and Section 24 applies to you only to the extent that law permits.

27.6 Canada. If you are a consumer resident in Canada, nothing in these Terms limits any right or remedy you have under the consumer-protection law of your province or territory. If you are a consumer resident in Quebec: Sections 22.2 to 22.12 do not apply to you; you may bring proceedings, including a class action, before the courts of Quebec; and Section 23.1 does not deprive you of the protection of Quebec law. The parties have requested that these Terms and all related documents be drawn up in English; les parties ont demandé que ces conditions et tous les documents connexes soient rédigés en anglais. On request at legal@voxtome.app we will provide a French-language version of these Terms, and where the Charter of the French language requires a French version, the French version prevails.

28. Contact

Voxtome Interactive LLC
725 NW 10th Ave #413
Portland, OR 97209
Telephone: (503) 568-1197
Support: support@voxtome.app
Legal and copyright: legal@voxtome.app
Registered agent for service of process: as recorded in the Oregon Secretary of State business registry for Voxtome Interactive LLC.