Tuneform Terms of Service
Terms of Service
Thank you for using Tuneform! We're happy you're here.
By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Service and to the collection and use of your information as set forth in our Privacy Policy, (the link for which can be found in Section A.2).
Please read this Terms of Service carefully to ensure that you understand each provision. This Terms of Service contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The Tuneform Terms of Service
Effective date: December 1, 2019
A. Definitions
- An "Account" represents your legal relationship with Tuneform. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Tuneform.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Tuneform Privacy Policy, available at https://tuneform/privacy) and procedures that we may publish from time to time on the Website.
- "Beta Previews" mean software, services, or features identified as alpha, beta, preview, invite only, early access, or evaluation, or words or phrases with similar meanings.
- “Content” refers to content featured or displayed through the Website, including without limitation videos, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
- "Tuneform", "Company", “We,” and “Us” refer to Tuneform LLC, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- The “Service” refers to the applications, software, products, and services provided by Tuneform, including any Beta Previews.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business accounts
- The “Website” refers to Tuneform's website located at tuneform.com, and all content, services, and products provided by Tuneform at or through the Website. It also refers to Tuneform-owned subdomains of tuneform.com, such as api.tuneform.com. These Terms also govern Tuneform's product websites. Occasionally, websites owned by Tuneform may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
B. Account Terms
1. Account Controls
- Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
2. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your user name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid subscription plan associated with your account, in which case additional information will be necessary for billing purposes.
3. Account Requirements
We have a few simple rules for User Accounts on Tuneform's Service.
- You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
- One person or legal entity may maintain no more than one Account.
- You must be age 13 or older. Tuneform does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
- You may not use Tuneform in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use Tuneform if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
4. User Account Security
You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
- You are responsible for maintaining the security of your Account and password. Tuneform cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Tuneform if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
C. Acceptable Use
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances violate our Acceptable Use Policies:
Acceptable Use Policies
1. Compliance with Laws and Regulations
You are responsible for using the Service in compliance with all applicable laws, regulations, and all of our Acceptable Use Policies. These policies may be updated from time to time and are provided below,
2. Content Restrictions
Under no circumstances will Users upload, post, host, or transmit any Content that:
is unlawful or promotes unlawful activities;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
is discriminatory or abusive toward any individual or group;
gratuitously depicts or glorifies violence, including violent images;
contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using the Service, under no circumstances will you:
harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other users;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with our servers in ways that could harm our Service, to place undue burden on our servers through automated means, or to access the Service in ways that exceed your authorization;
impersonate any person or entity, including any of our employees or representatives, including through false association with Tuneform, or by fraudulently misrepresenting your identity or site's purpose; or
violate the privacy of any third party, such as by posting another person's personal information without consent.
4. Services Usage Limits
You will not reproduce, duplicate, reverse-engineer, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
5. Scraping and API Usage Restrictions
Scraping refers to extracting data from our Service via an automated process, such as a bot or webcrawler.
You may not scrape the Service for spamming purposes, including for the purposes of selling User Personal Information (as defined in the Tuneform Privacy Policy).
All use of data gathered through scraping must comply with the Tuneform Privacy Policy.
6. Privacy
Misuse of User Personal Information is prohibited.
Any person, entity, or service collecting data from the Service must comply with the Tuneform Privacy Policy, particularly in regards to the collection of User Personal Information. If you collect any User Personal Information from the Service, you agree that you will only use that User Personal Information for the purpose for which that User has authorized it. You agree that you will reasonably secure any User Personal Information you have gathered from the Service, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other users, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
8. User Protection
You must not engage in activity that significantly harms other users. We will resolve disputes in favor of protecting users as a whole.
D. User-Generated Content
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. Tuneform May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Tuneform terms or policies.
3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Tuneform Users — certain legal permissions, listed in Sections D.4 — D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting Tuneform the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.5. The licenses you grant to us will end when you remove Your Content from our servers.
4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you; parse it into a search index or otherwise analyze it on our servers; and perform it.
This license does not grant Tuneform the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
5. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Tuneform the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
E. Intellectual Property Notice
1. Tuneform's Rights to Content
Tuneform and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Tuneform LLC, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Tuneform.
2. Tuneform Trademarks and Logos
Tuneform, the Tuneform Logo, and other Company logos and product and service names are or may be Our Trademarks (the Company Marks). Without Our prior written permission, and except as solely enabled by any link we provide, you may not display or use in any manner the Company Marks.
F. Beta Previews
1. Subject to Change
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
2. Confidentiality
As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Tuneform confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a Tuneform-organized group discussion about a private Beta Preview feature).
Exceptions. Confidential Information will not include information that: (a) becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Tuneform. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Tuneform has been given reasonable advance written notice to object, unless prohibited by law.
G. Feedback
We’re always trying to improve our products and services, and your feedback as an Account user or a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that Tuneform will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
H. Payment
1. Pricing
Our pricing and payment terms are available at tuneform.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Upgrades, Downgrades, and Changes
- We will immediately bill you when you purchase any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, Tuneform will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by going into your Plan Options. If you choose to downgrade your Account's plan, you may lose access to Content, features, or capacity of your Account. If you cancel your Account's plan, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation and Termination for information on getting a copy of that Content.
3. Billing Schedule; No Refunds
Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the Tuneform invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Tuneform reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Tuneform's net income) that are imposed or become due in connection with this Agreement.
4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Tuneform.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Tuneform any charge incurred in connection with your use of the Service. If you dispute the matter, contact Tuneform Support. You are responsible for providing us with a valid means of payment for paid Account Plans. Accounts not subscribed to a paid plan are not required to provide payment information.
6. EU & UK Residents: Right of Withdrawal
If you are a customer based in the EU or UK, you acknowledge that you do not have a right of withdrawal, due to the nature of the Service performed by Tuneform which meet the requirements for exclusion from the relevant regulation, as well as the ability to immediately Use the Tuneform Service after signing up for a free trial or subscribing to a premium plan. This does not affect your ability to cancel your subscription at any time.
I. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your Account with Tuneform. You can cancel your Account at any time by contacting Tuneform Support.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your Account within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
3. Tuneform May Terminate
Tuneform has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Tuneform reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
J. Communications with Tuneform
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Tuneform Must Be in Writing
Communications made through email or Tuneform Support's messaging system will not constitute legal notice to Tuneform or any of its officers, employees, agents or representatives in any situation where notice to Tuneform is required by contract or any law or regulation. Legal notice to Tuneform must be in writing and served on Tuneform's legal agent.
3. No Phone Support
Tuneform only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
K. Disclaimer of Warranties
Tuneform provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Tuneform does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
L. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
M. Release and Indemnification
If you have a dispute with one or more Users, you agree to release Tuneform from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify, defend, and hold harmless Tuneform, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your of or inability to use the Website or services, any user postings made by you, your violation of any terms of the Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tuneform reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tuneform in asserting any available defenses
N. Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at support@tuneform.com and attempt to resolve the dispute with us informally. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration shall be determined by the Arbitrator. This arbitration provision shall survive the Termination of these Terms of Service.
O. Class Action/Jury Trial Waiver
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
P. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Q. Links to Third Party Sites
Tuneform may contain links to other websites ("Linked Sites"). The linked Sites are not under the control of Tuneform and Tuneform is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tuneform is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tuneform of the site or any association with its operators.
R. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Tuneform and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions. You and Tuneform agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Portland, Oregon in all disputes arising out of or relating to the use of the Website.
2. Non-Assignability
Tuneform may assign or delegate these Terms of Service and/or the Tuneform Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings
Throughout this Agreement, each section includes titles of the following terms and conditions. These section titles are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Tuneform to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Tuneform, or by the posting by Tuneform of a revised version in accordance with Section P. Changes to These Terms. These Terms of Service, together with the Tuneform Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. You agree that no join venture, partnership, employment, or agency relationship exists between you and Tuneform as a result of this Agreement or use the Website. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Tuneform relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.