BY DOWNLOADING, PURCHASING , ACCESSING AND/OR SUBSEQUENTLY USING SPIRE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. AS SUCH, PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.
When you use any Spire Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us regarding the Spire Services, you are voluntarily communicating with us electronically. You thereby consent to receive communications from us electronically in return, such as e-mails, texts, mobile push notices, or notices and messages on the Spire Site or through the other Spire Services, such as our Customer Support, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as set forth in the REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT section below, all content included in or made available through any Spire Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iZotope or its content suppliers or licensors and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Spire Services is the exclusive property of iZotope and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Spire Services are trademarks or trade dress of iZotope in the U.S. and other countries. iZotope's trademarks and trade dress may not be used in connection with any product or service that is not iZotope's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iZotope. All other trademarks not owned by iZotope that appear in any Spire Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by iZotope.
One or more patents pending that are owned by iZotope apply to the Spire Services and to the features and services accessible via the Spire Services.
LICENSE AND ACCESS
If you use any Spire Services, you are responsible for maintaining the confidentiality of any associated account and password, as well as for restricting access to your computer, mobile device or Spire Studio, and you agree to accept responsibility for all activities that occur under your account or password. iZotope reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
MOBILE “IN-APP” PURCHASES
If you elect to make an “in-app” subscription purchase within Spire Recorder, to access Spire Pro Services, your payments, including billing and any available refunds, will be processed through the Apple App Store in accordance with its “in-app” purchase rules and policies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Customers may submit reviews, comments, photos, videos, and other content; and send e-mail communications; as well as submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. iZotope reserves the right (but not the obligation) to remove or edit such content on any interactive portion of the Spire Site, but may not regularly review posted content.
FILE OWNERSHIP, PERMISSIONS AND RESPONSIBILITY
iZotope does not claim any ownership of any Creative Content you transfer through the Spire Services, and you acknowledge and agree that you are fully and solely responsible for the files you transfer through the Spire Services. By using the Spire Services, you represent, warrant and guarantee that you have, for each Creative Content file (including regardless of the nature of the Creative Content), all required rights and/or permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online through the Spire Services. iZotope is not liable to you or any third party for any damages arising out of the Creative Content shared by you or accessed by others, including but not limited to, copyright protected works and/or trademarks.
You further hereby grant to iZotope a non-exclusive, royalty-free, perpetual, unrestricted, irrevocable and worldwide license to use, copy, reproduce, remix, edit, record and adapt portions of any Creative Content made available by you on or through the Spire Services in connection with iZotope’s development of its machine learning technology and products. You acknowledge and agree that iZotope may use, reproduce, and modify Creative Content or elements thereof delivered to iZotope, in any format now known or hereinafter devised for such purpose without further payment, obligation, or attribution to you.
SHIPPING; RISK OF LOSS
For all Spire Services items purchased from iZotope directly through the Spire Site, iZotope offers free standard shipping within the continental U.S. and a paid option for expedited shipping. The risk of loss and title to such Spire Services items pass to you upon our delivery to the carrier.
iZotope is pleased to offer support for Spire Services, as described at https://support.izotope.com/hc/en-us/categories/360001856294-iZotope-Spire, fwhich support is provided by our in-house Customer Care team.
iZotope attempts to be as accurate as possible in how it describes its products. However, iZotope does not warrant that product descriptions or other content of any Spire Services is accurate, complete, reliable, current, or error-free. If a product sold or offered to you directly by iZotope is not as described, your sole remedy is to return it to iZotope, according to the requirements in the Limited Warranty, within forty-five (45) days of the date that you purchased the product.
Our Spire Studio hardware recording device is guaranteed to be free from defects in materials and workmanship for a period of one (1) year, under the terms and conditions set forth in iZotope’s Limited Warranty.
iZotope does not take title to returned items until the item arrives at our office or designated off-site fulfillment center. In this situation, iZotope does not take title to the refunded item. For more information about iZotope’s returns and refunds policy for the Spire Services, please see iZotope’s Limited Warranty.
MOBILE APP PERMISSIONS
When you use the Spire Recorder created by iZotope in conjunction with other Spire Services, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
USE OF IZOTOPE SOFTWARE
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the iZotope Software, whether in whole or in part, or create any derivative works from or of the iZotope Software.
In order to keep the iZotope Software up to date, we may offer automatic or manual updates at any time and without notice to you.
USE OF THIRD-PARTY SERVICES
EXPORT REGULATIONS; GOVERNMENT END USERS
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SPIRE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE), AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES ARE PROVIDED BY IZOTOPE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IZOTOPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPIRE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPIRE SERVICES IS AT YOUR SOLE RISK.
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IZOTOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZOTOPE DOES NOT WARRANT THAT THE SPIRE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES, SPIRE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM IZOTOPE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IZOTOPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPIRE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPIRE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
iZotope respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact firstname.lastname@example.org. We respond promptly to the concerns of rights owners about any alleged infringement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal department at iZotope, Inc., 60 Hampshire Street, Cambridge, MA 02139 or email@example.com. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. Likewise, iZotope shall not seek attorneys' fees and costs in arbitration, unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES; MODIFICATION; SEVERABILITY
OUR CONTACT INFORMATION
60 Hampshire Street
Cambridge, MA 02139