Terms of Service

Last updated: March 3, 2025

1. Acceptance of Terms

By accessing and using Listenify ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Listenify is a web application that converts web articles into audio format for personal use. The Service allows users to input URLs of articles or blogs and convert the text content into downloadable MP3 audio files.

3. User Registration and Account Security

3.1. You may be required to create an account to use certain features of the Service.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. Intellectual Property Rights

4.1. Limited License to Use the Service: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.

4.2. No Ownership Rights in Audio Content: The audio content generated through our Service is derived from third-party content. You do not own any rights to this content beyond the limited personal use rights outlined in these Terms.

4.3. Ownership of the Service: All rights, title, and interest in and to the Service, including all intellectual property rights, remain with Listenify and its licensors.

5. User Restrictions and Responsibilities

5.1. You agree not to: a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law b) Redistribute, sell, lease, lend, share, or monetize any audio content generated through the Service c) Attempt to derive the source code of the Service d) Use the Service to infringe upon any intellectual property rights e) Attempt to gain unauthorized access to any portion of the Service or any other accounts, systems, or networks f) Use any automated means to access the Service or collect any information from the Service g) Use the Service in any manner that could damage, disable, overburden, or impair the Service

5.2. Personal Use Only: The audio content generated by Listenify is for your personal use only and cannot be shared or distributed. The original text content can only be shared with explicit permission from the original author.

6. Third-Party Content and Websites

6.1. The Service may process content from third-party websites. We do not endorse, are not responsible for, and make no representations regarding such third-party content.

6.2. You acknowledge that Listenify does not create, control, or actively monitor the content it processes, and you use the Service at your own risk.

6.3. You are solely responsible for ensuring that your use of third-party content complies with applicable terms of service and copyright laws.

7. Copyright Compliance and DMCA

7.1. We respect the intellectual property rights of others and expect users to do the same.

7.2. If you believe that material accessible via the Service infringes your copyright, you may submit a copyright infringement notification to us.

7.3. We reserve the right to remove content alleged to be infringing and to terminate accounts of repeat infringers without prior notice.

8. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

9. Disclaimer of Warranties

9.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

9.3. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTENIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.

10.2. IN NO EVENT WILL LISTENIFY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LISTENIFY FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LISTENIFY, AS APPLICABLE.

10.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LISTENIFY AND YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Listenify and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that content you submitted caused damage to a third party.

12. Termination

12.1. We may terminate or suspend your access to all or part of the Service, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.

12.2. Upon termination, your right to use the Service will immediately cease.

13. Changes to Terms

13.1. We reserve the right to modify these Terms at any time at our sole discretion.

13.2. If we make changes to these Terms, we will provide notice of such changes by updating the date at the top of these Terms and by maintaining a current version of the Terms on the Service.

13.3. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

14.1. These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

14.2. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Paris, France, using the English language in accordance with the Arbitration Rules and Procedures of the International Chamber of Commerce (ICC) then in effect, by one or more commercial arbitrators with substantial experience in resolving intellectual property and commercial contract disputes.

14.3. Any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Waiver

The failure of Listenify to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Listenify's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Listenify may freely assign or transfer these Terms without restriction.

18. Entire Agreement

These Terms constitute the entire agreement between you and Listenify regarding your use of the Service, superseding any prior agreements between you and Listenify (including, but not limited to, any prior versions of the Terms).

19. Contact Information

If you have any questions about these Terms, please contact us at hi@dreamcin.com.