Terms of Service
Last Updated: Sep 12, 2024
1. Introduction
Welcome, and thank you for your interest in Narya.ai Inc. (“we,” or “us”) and Mumble Note application provided by us (“Mumble”, “Platform” or the “Service”).
The Service generally allows you, pursuant to the terms and conditions herein, to transform audios and pictures you have uploaded into text transcript and organize them into re-phrased textual content (such as structured articles or generate to-do lists), by using OCR technology and AI technology. You may edit the Output to suit your purpose(s).
These Terms of Service are a legally binding contract between you, whether as an individual or on behalf of an entity, and Narya.ai Inc. regarding your use of the Service.
By downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including our privacy policy (together, these “Terms”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the service.
2. Accounts
To access or use some of our Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You agree not to share your Account or transfer any part of it to anyone else and keep your password secure and confidential. You agree to notify us promptly through the contact provided herein, if any unauthorized use of your account. You are responsible for anything that happens through your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Service or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you want to delete your account, you may contact us through the contact provided herein. We will provide you with further assistance and guide you through the process.
3. General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
4. Licenses
Subject to your complete and ongoing compliance with these Terms, especially with the limitations stipulated in “Prohibited Uses” section, we grant you, solely a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Service. If you are prohibited under applicable law from using the Service, you may not use it.
5. Third Party Terms
We may provide tools through the Service that enable you to export information to third-party services, including through features that may allow you to link your account on Mumble with an account on the third-party service, such as Google or Apple, or through our implementation of third-party buttons (such as “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
6. Input
6.1 Your Responsibility for Input
We do not own the information you provide, upload, transmit or distribute (whether publicly or privately) on or through the Platform (collectively, “Input”) to which you own or have permission to use the intellectual property rights therein, and you will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Input. For the avoidance of doubt, Input shall not be deemed to include any Material (as defined under “Ownership and Proprietary Rights” section of these Terms).
In connection with Input, you represent and warrant that: (1) you have the written consent of each and every identifiable natural person in Input to use such person’s name or likeness; (b) you have obtained (and are solely responsible for obtaining) all consents that may be required by applicable provisions of foreign, federal, state or local laws, rules, regulations or orders of all governmental bodies, courts, tribunals and arbitrators to submit Input; (c) Input does not otherwise violate these Terms, including “Prohibited Uses” section of these Terms; and (d) Input and our use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights.
We expressly disclaim any liability for the data and content transmitted through or intermediately, temporarily or permanently stored on Mumble and for the actions or omissions of you. You acknowledge and agree that (1) we need not pre-screen Input, although we reserve the right in our reasonable discretion to pre-screen, refuse or remove any of Input; and (ii) you are responsible for ensuring that you back up Input.
6.2 Our Right to Remove
We have the absolute right to remove or disable access to any content on the Service as needed (1) to operate, secure and improve the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (2) to ensure compliance with these Terms, applicable law, or an order or requirement of a court, law enforcement or other administrative agency or governmental body; or (3) as otherwise set forth in these Terms. If we become aware of any content uploaded or shared through the Service that allegedly violates these Terms, we may investigate the allegation and determine in our sole discretion whether to act, but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake with respect to Input.
7. Ownership and Proprietary Rights
The Service is owned and operated by Narya.ai Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of us or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
To the fullest extent permitted by law, you will own all rights, title, and interest in the output generated and returned by the Services to you based on the Input (“Output”), including, without limitation, all intellectual property rights therein. Subject to compliance with these Terms and all applicable laws, you may use the Output for any purpose. For the avoidance of doubt, the Output shall not be deemed to include any Materials.
You grant us a fully paid-up, royalty-free, worldwide, nonexclusive right and license, with the right to sublicense, copy, reproduce, modify, use, publicly perform, display, distribute and create derivative works of recorded audio, transcription text and other materials, information and data of your Input and Output in perpetuity: (1) as necessary to provide the Service to you in accordance with these Terms; (2) to perform necessary maintenance, calibration, diagnostic and troubleshooting of the Service, and to monitor the performance of these Terms; (3) to improve Mumble and our affiliates’ products and services; (4) to perform such other actions as authorized or instructed by you in writing (email to suffice); and (5) as required by law and subject to the compelled disclosure requirements to any governmental authority.
8. Prohibited Uses
Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You agree not or assist any other person to:
access or use the Service if you are not fully able and legally competent to agree to these Terms or are authorized to use the Service by your parent or legal guardian;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Service or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Service or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
market, rent or lease the Service for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Service, disrupt our website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
incorporate the Service or any portion thereof into any other program or product. In such case, we reserve the right to terminate accounts or limit access to the Service in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Service;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Service;
use the Service to upload, transmit, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
use the Service to conduct activities concerning unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
use the Service to infringe any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
generate content or engage in content sharing that does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
generate or share content that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
generate or share content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
generate or share content that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
generate or share content that contains a threat of any kind, including threats of physical violence;
generate or share content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
generate or share content containing any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
generate or share content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose us, the Service or its users to any harm or liability of any type.
9. Privacy Policy
We comply with our Privacy Policy in providing the Services. The Privacy Policy is subject to change as described therein. You understand and agree that our collection and use of your information when you use Mumble in compliance with the then-current version of our Privacy Policy. Our Privacy Policy is available here.
10. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act. If you have a good faith believe that any content on our Service violates or infringes your intellectual property rights, you may contact us through the provided information.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of the material that you claim is infringing and where it is located on the Service; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We may at our sole discretion to limit access to the Service and/or terminate the accounts of users determined by us to be repeat infringers.
11 US Government Restricted Rights
Mumble and related documentation constitute “Commercial Items”, as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL MATERIALS, CONTENT AND TRANSCRIPTIONS ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
13.1 CONSEQUENTIAL DAMAGES WAIVER
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES, INCLUDING BUT NOT LIMITED TO: (1) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), (2) ANY LOSS OF DATA SUFFERED BY YOU, (3) ANY LOSS OF GOODWILL, (4) ANY LOSS OF OPPORTUNITY. WHERE THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES IS NOT ALLOWED IN YOUR JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.2 LIABILITY CAP
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU UNDER ANY CIRCUMSTANCES RELATING TO THE SERVICE, THE MATERIALS OR THESE TERMS IS LIMITED IN AGGREGATE TO THE GREATER OF: (1) TOTAL FEES PAID BY YOU TO US IN THE TWELVE MONTHS PRIOR TO WHEN THE CLAIM AROSE OR (2) FIFTY U.S. DOLLARS.
13.3 FAILURE OF ESSENTIAL PURPOSE
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND US UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law and Dispute Resolution
You agree that you will try to resolve any dispute with us relating to or arising out of these Terms amicably. Any party raising a dispute will first notify the other. If after 60 days after the other party received the notice, the dispute has not been resolved, either party may file legal action against the other.
These Terms and any claims, causes of action, of any kind or character, or demand arising out of or relating to these Terms will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the federal and state courts located in the Santa Clara County, California. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
15. Indemnification
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
16. App Stores
By downloading Mumble from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Apple is not a party to these Terms.
The license granted to you hereunder is limited to a limited, non-exclusive and non-transferable right to install Mumble on the Apple device(s) authorized by Apple that you own or control, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Mumble may be accessed and used by multiple users through the Family Sharing or volume purchasing provided by Apple.
Apple is not responsible for Mumble application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to Mumble.
In the event of any failure of Mumble to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Mumble, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Mumble.
Apple is not responsible for addressing any claims by you or a third party relating to the Mumble or your possession and/or use of Mumble, including without limitation: (1) product liability claims; (2) any claim that Mumble fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation, including Mumble’s possible use of the HealthKit and HomeKit frameworks.
In the event of any third party claim that Mumble or your possession and use of Mumble infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using Mumble.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms. Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
17. General Terms
17.1 Term and Termination
These Terms are effective as of the date you first access or use the Service and continue in effect until you cease accessing the Service. We may terminate these Terms and your access to the Service at any time upon notice to you for any or no reason. These Terms will terminate automatically without notice from us if you fail to comply with any provision of these terms.
17.2 No Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
17.3 Severability
In case any one or more of the provisions, subsections, or sentences contained in these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
17.4 Entire Agreement
These Terms constitute the whole legal agreement between you and us and govern your use of the Service and completely replace any prior agreements between you and us in relation to the Service.
17.5 Assignment
We may assign our rights under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without our prior written consent, and any unauthorized assignment by you shall be null and void.
17.6 Headings
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of these Terms.
17.7 Updates to These Terms
We amend these Terms from time to time, for instance when we update the functionality of our Service, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on Mumble, however, you should look at these Terms regularly to check for such changes. We will also update the “Effective Date” at the top of these Terms. Your continued access or use of the Service after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Service.
17.8 Contact Us
If you have any questions, complaints or claims with respect to your use of our services, you may contact us at email address: feedback@narya.ai.
Terms of Service
Last Updated: Sep 12, 2024
1. Introduction
Welcome, and thank you for your interest in Narya.ai Inc. (“we,” or “us”) and Mumble Note application provided by us (“Mumble”, “Platform” or the “Service”).
The Service generally allows you, pursuant to the terms and conditions herein, to transform audios and pictures you have uploaded into text transcript and organize them into re-phrased textual content (such as structured articles or generate to-do lists), by using OCR technology and AI technology. You may edit the Output to suit your purpose(s).
These Terms of Service are a legally binding contract between you, whether as an individual or on behalf of an entity, and Narya.ai Inc. regarding your use of the Service.
By downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including our privacy policy (together, these “Terms”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the service.
2. Accounts
To access or use some of our Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You agree not to share your Account or transfer any part of it to anyone else and keep your password secure and confidential. You agree to notify us promptly through the contact provided herein, if any unauthorized use of your account. You are responsible for anything that happens through your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Service or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you want to delete your account, you may contact us through the contact provided herein. We will provide you with further assistance and guide you through the process.
3. General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
4. Licenses
Subject to your complete and ongoing compliance with these Terms, especially with the limitations stipulated in “Prohibited Uses” section, we grant you, solely a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Service. If you are prohibited under applicable law from using the Service, you may not use it.
5. Third Party Terms
We may provide tools through the Service that enable you to export information to third-party services, including through features that may allow you to link your account on Mumble with an account on the third-party service, such as Google or Apple, or through our implementation of third-party buttons (such as “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
6. Input
6.1 Your Responsibility for Input
We do not own the information you provide, upload, transmit or distribute (whether publicly or privately) on or through the Platform (collectively, “Input”) to which you own or have permission to use the intellectual property rights therein, and you will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Input. For the avoidance of doubt, Input shall not be deemed to include any Material (as defined under “Ownership and Proprietary Rights” section of these Terms).
In connection with Input, you represent and warrant that: (1) you have the written consent of each and every identifiable natural person in Input to use such person’s name or likeness; (b) you have obtained (and are solely responsible for obtaining) all consents that may be required by applicable provisions of foreign, federal, state or local laws, rules, regulations or orders of all governmental bodies, courts, tribunals and arbitrators to submit Input; (c) Input does not otherwise violate these Terms, including “Prohibited Uses” section of these Terms; and (d) Input and our use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights.
We expressly disclaim any liability for the data and content transmitted through or intermediately, temporarily or permanently stored on Mumble and for the actions or omissions of you. You acknowledge and agree that (1) we need not pre-screen Input, although we reserve the right in our reasonable discretion to pre-screen, refuse or remove any of Input; and (ii) you are responsible for ensuring that you back up Input.
6.2 Our Right to Remove
We have the absolute right to remove or disable access to any content on the Service as needed (1) to operate, secure and improve the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (2) to ensure compliance with these Terms, applicable law, or an order or requirement of a court, law enforcement or other administrative agency or governmental body; or (3) as otherwise set forth in these Terms. If we become aware of any content uploaded or shared through the Service that allegedly violates these Terms, we may investigate the allegation and determine in our sole discretion whether to act, but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake with respect to Input.
7. Ownership and Proprietary Rights
The Service is owned and operated by Narya.ai Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of us or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
To the fullest extent permitted by law, you will own all rights, title, and interest in the output generated and returned by the Services to you based on the Input (“Output”), including, without limitation, all intellectual property rights therein. Subject to compliance with these Terms and all applicable laws, you may use the Output for any purpose. For the avoidance of doubt, the Output shall not be deemed to include any Materials.
You grant us a fully paid-up, royalty-free, worldwide, nonexclusive right and license, with the right to sublicense, copy, reproduce, modify, use, publicly perform, display, distribute and create derivative works of recorded audio, transcription text and other materials, information and data of your Input and Output in perpetuity: (1) as necessary to provide the Service to you in accordance with these Terms; (2) to perform necessary maintenance, calibration, diagnostic and troubleshooting of the Service, and to monitor the performance of these Terms; (3) to improve Mumble and our affiliates’ products and services; (4) to perform such other actions as authorized or instructed by you in writing (email to suffice); and (5) as required by law and subject to the compelled disclosure requirements to any governmental authority.
8. Prohibited Uses
Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You agree not or assist any other person to:
access or use the Service if you are not fully able and legally competent to agree to these Terms or are authorized to use the Service by your parent or legal guardian;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Service or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Service or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
market, rent or lease the Service for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Service, disrupt our website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
incorporate the Service or any portion thereof into any other program or product. In such case, we reserve the right to terminate accounts or limit access to the Service in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Service;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Service;
use the Service to upload, transmit, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
use the Service to conduct activities concerning unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
use the Service to infringe any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
generate content or engage in content sharing that does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
generate or share content that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
generate or share content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
generate or share content that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
generate or share content that contains a threat of any kind, including threats of physical violence;
generate or share content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
generate or share content containing any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
generate or share content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose us, the Service or its users to any harm or liability of any type.
9. Privacy Policy
We comply with our Privacy Policy in providing the Services. The Privacy Policy is subject to change as described therein. You understand and agree that our collection and use of your information when you use Mumble in compliance with the then-current version of our Privacy Policy. Our Privacy Policy is available here.
10. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act. If you have a good faith believe that any content on our Service violates or infringes your intellectual property rights, you may contact us through the provided information.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of the material that you claim is infringing and where it is located on the Service; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We may at our sole discretion to limit access to the Service and/or terminate the accounts of users determined by us to be repeat infringers.
11 US Government Restricted Rights
Mumble and related documentation constitute “Commercial Items”, as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL MATERIALS, CONTENT AND TRANSCRIPTIONS ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
13.1 CONSEQUENTIAL DAMAGES WAIVER
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES, INCLUDING BUT NOT LIMITED TO: (1) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), (2) ANY LOSS OF DATA SUFFERED BY YOU, (3) ANY LOSS OF GOODWILL, (4) ANY LOSS OF OPPORTUNITY. WHERE THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES IS NOT ALLOWED IN YOUR JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.2 LIABILITY CAP
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU UNDER ANY CIRCUMSTANCES RELATING TO THE SERVICE, THE MATERIALS OR THESE TERMS IS LIMITED IN AGGREGATE TO THE GREATER OF: (1) TOTAL FEES PAID BY YOU TO US IN THE TWELVE MONTHS PRIOR TO WHEN THE CLAIM AROSE OR (2) FIFTY U.S. DOLLARS.
13.3 FAILURE OF ESSENTIAL PURPOSE
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND US UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law and Dispute Resolution
You agree that you will try to resolve any dispute with us relating to or arising out of these Terms amicably. Any party raising a dispute will first notify the other. If after 60 days after the other party received the notice, the dispute has not been resolved, either party may file legal action against the other.
These Terms and any claims, causes of action, of any kind or character, or demand arising out of or relating to these Terms will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the federal and state courts located in the Santa Clara County, California. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
15. Indemnification
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
16. App Stores
By downloading Mumble from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Apple is not a party to these Terms.
The license granted to you hereunder is limited to a limited, non-exclusive and non-transferable right to install Mumble on the Apple device(s) authorized by Apple that you own or control, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Mumble may be accessed and used by multiple users through the Family Sharing or volume purchasing provided by Apple.
Apple is not responsible for Mumble application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to Mumble.
In the event of any failure of Mumble to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Mumble, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Mumble.
Apple is not responsible for addressing any claims by you or a third party relating to the Mumble or your possession and/or use of Mumble, including without limitation: (1) product liability claims; (2) any claim that Mumble fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation, including Mumble’s possible use of the HealthKit and HomeKit frameworks.
In the event of any third party claim that Mumble or your possession and use of Mumble infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using Mumble.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms. Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
17. General Terms
17.1 Term and Termination
These Terms are effective as of the date you first access or use the Service and continue in effect until you cease accessing the Service. We may terminate these Terms and your access to the Service at any time upon notice to you for any or no reason. These Terms will terminate automatically without notice from us if you fail to comply with any provision of these terms.
17.2 No Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
17.3 Severability
In case any one or more of the provisions, subsections, or sentences contained in these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
17.4 Entire Agreement
These Terms constitute the whole legal agreement between you and us and govern your use of the Service and completely replace any prior agreements between you and us in relation to the Service.
17.5 Assignment
We may assign our rights under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without our prior written consent, and any unauthorized assignment by you shall be null and void.
17.6 Headings
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of these Terms.
17.7 Updates to These Terms
We amend these Terms from time to time, for instance when we update the functionality of our Service, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on Mumble, however, you should look at these Terms regularly to check for such changes. We will also update the “Effective Date” at the top of these Terms. Your continued access or use of the Service after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Service.
17.8 Contact Us
If you have any questions, complaints or claims with respect to your use of our services, you may contact us at email address: feedback@narya.ai.