These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Naudio mobile application (the “Service”) operated by Naudio AB (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Naudio mobile application (the “Service”).
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of the terms then You may not access the Service.
Our Service allows You to read, write and share text based stories and publish pictures to those stories (“Content”). It is important for us to inform You that all stories published in the Naudio application are fiction. None of them are complete conversations from the real world, You acknowledge this fact by accepting these terms and conditions. You are responsible for the Content that You create in the Service, including its legality, reliability, and appropriateness. By creating content in the Service, You grant us the right to review all such content and to delete it from the Service if it violates any of our rules or values, or for any reason we see fit. Content created by users can be shared from user to user and can be read by users without an active Naudio subscription. Content created by You will not be published in the service, to all users, unless the author have requested this from Naudio AB and Naudio AB have contractually agreed with the author of the content to purchase the content and all related copyrights and publishing rights. To have the chance to get Your content purchased and published by Naudio AB You must own all rights to Your text and pictures. If You cannot prove the authenticity of Your content Naudio will not/may not publish any parts of it or replace parts of it.
Naudio has the right to replace words, pictures, voice, sounds, and more to ensure all rights are from eligible sources.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
3. Accounts, subscriptions and free trials
When You create an account with us, You must provide us with information that is accurate, complete, and up to date at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Service or a third-party service.
You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Naudio AB has the right to decide and change the different subscription plans and frees for the service, at its sole discretion. Further more Naudio can alter, replace and add subscription plans as well as change the functionality of the different plans at its sole discretion. If changes to subscription plans result in an undesired price increase to the user’s existing subscription plan, the user will be notified and given the option to cancel the subscription. Information about Your current subscription is available in Your account information in the Naudio app.
Naudio can at different times be offered with different types of free trial periods. In such cases it is Naudio intention to offer a free trial period once to each user. Users who have already utilized a free trial can therefore be prevented from utilizing additional free trial periods.
The subscription is paid monthly in advance and can be canceled at any individual users discretion, all prices include VAT. Please note that the prices does not include data traffic fees. Naudio reserves the right to cancel user access to the service in the case of missing or late payment. Naudio also reserves the right to deny or block credit cards not issued in the country where the service is offered to You.
4. Intellectual property and content
The Service and its original content (excluding Content created by users which has not been purchased and published widely by Naudio), features and functionality are and will remain the exclusive property of Naudio AB and its licensors. The Service is protected by copyright, trademark, and other laws of both Sweden and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent of Naudio AB.
Naudio AB transfers no rights or ownership in the service to You, completely or partly. Neither does Naudio AB transfer any rights or ownership, of any parts of the content made available through the service, to You.
As a subscriber of the service You agree that neither You or anybody else who are given access to the service through Your subscription will not copy, reproduce, change, publish, distribute, transfer, sell, rent, licence, sub-licence all or parts of the service to a third party. This commitment also includes to not create other intellectual property based on the content of the service.
Naudio does not guarantee that the service or the content of the service is made available for usage in other countries apart from Your country of residence where the service is provided to You.
5. Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Naudio AB. Naudio AB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Naudio AB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms. Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Service.
To cancel the subscription before the next monthly period You have to cancel the service at the latest the day before the next monthly period starts, if not the subscription will continue and You will be charged for another month before the subscription is canceled.
To cancel Your subscription please visit Your subscriptions in either Your iTunes or Google Play account.
7. Naudio rights and obligations
As part of providing the service to You Naudio may contact You by regular mail, phone, SMS, MMS, email or directly through the service for the purpose of communicating updates regarding the service, its content, marketing or reminders about for instance payment, to You.
The service is available 24 hours a day every day however Naudio does not guarantee that the service is free from issues or disturbances at all times. In the case of issues or disturbances in the service Naudio is given the opportunity to correct said issues or disturbances without any breach of the contract or agreement of subscription between You and Naudio. Furthermore Naudio has the right to temporarily close down the service for the purpose of conducting for example updates, upgrades or service. Naudio is not responsible for eventual disturbances in the mobile network or disturbances from Your internet provider
Naudio has the right to fully or partly transfer its rights and obligations according to the terms and conditions to a third party. Naudio also has the right to employ subcontractors to fulfill its rights and obligations.
Naudio has the right to make changes to the terms and conditions at its sole discretion. If significant changes are made to the terms and conditions which result in for users the changes will be communicated to the affected user through notifications in the service, via email, via SMS or a push notification. In some cases Your expressed consent will be requested and in such cases Your continued usage of the service will count as Your consent. If You would like to discontinue using the service because of any such changes immediately cancel Your subscription of the service and stop using the service.
8. User rights and obligations
You are allowed to read, write and share short stories in the by using the service only personally and non-commercially.
You are not allowed to transfer rights and obligations according to the terms and conditions without written consent from Naudio AB.
As a user of the service You commit to not circumvent or try to circumvent technical or other limitations used to prevent copying of the content of the service and to not completely or partly copy content of the service for private use. You also accept that Your access and usage of the service shall follow the terms and conditions, You also accept that this applies to all users whom You give access to. You may only give access to the service to another user in accordance with these terms and conditions.
You are responsible for making sure that the information provided to Naudio when signing up for the service is correct and that any personal information, especially Your email address, is correct. You are also responsible for updating such information if it changes, especially the email address. Emails sent by Naudio to Your email address shall be deemed to have been delivered to You within two (2) days of sending.
The user commits to not use the service in any way that risk or can risk that the service is damaged or impacted negatively in any way. You understand that You, not Naudio, are responsible for all electronic communications and content sent from Your platforms to us and that You must use the service and all features and platforms linked to the service only for lawful purposes. Hence You also agree not to use the website or the service in any fraudulent activity or in association with any criminal acts including, but not limited to, creating or sending material content that encourage racism, hatred, violence, fraudulent behaviour, discrimination, pornographic content or other content that is subject to infringement of copywrite, confidential information, privacy or other information that is not owned by You.
9. Limitation Of Liability
In no event shall Naudio AB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence)or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at Your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Naudio AB, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet Your requirements.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12. Contact us
The service is produced and provided under these terms and conditions by Naudio AB. Naudio AB is registered in Sweden with company registration number 559181-9965, postal address is BOX 24195, 104 51 Stockholm, Sweden.
In case of a dispute between Naudio AB and the user/subscriber, the parties shall first hand try to solve the dispute by agreement. In other cases the dispute will be handled by a court in Sweden.
If You are dissatisfied with the service or the content of the terms and conditions we kindly ask You to stop using the service and cancel Your subscription, if You have any.
If You have any questions about these Terms and Conditions, please contact us at [email protected]