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Supertone Clear Terms of Service

Updated

Supertone Clear Terms of Service

Last Revised: September 4, 2024

 

Purpose of Terms

Welcome to the Terms of Service (the “Terms”) for Supertone Clear software (the “Software”), operated on behalf of Supertone Inc. (“Company,” “Supertone,” “we,” “us,” or “our”). The Terms govern your access to and use of the Software and any of the related services provided by Supertone (the Software and such services, collectively, as the “Services”). Please read the Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to the Terms. If you do not understand or agree to the Terms, please do not use the Software and Services.

By signing up (including creating accounts) for our services, or by downloading, installing or otherwise accessing or using the Services (as defined below), you agree that you have read, understand, and accept the Terms, and you agree to be bound by the Terms and any other terms, policies and guidelines incorporated our the Terms by reference, including our privacy policy (“Privacy Policy”) at https://product.supertone.ai/privacy-policy (or such other URLs that we may provide from time to time)).

If you do not agree to the Terms, you do not have our permission to, and may not use the Services in any way. The Services are offered to you, conditioned upon your acceptance of the Terms.

For purposes of the Terms, “User”, “you” and “your” mean you as the user of the Services.

 

1. Eligibility and Use Restrictions

Age. If you are under the age of 16 (or the legal age of majority/adult in your country), you may not use our Services.

Authorization.

If you register, access, or use our Services on behalf of another person or entity, (i) you represent that you are authorized to enter into the Terms on that person’s or entity’s behalf, (ii) all references to “you” throughout the Terms shall include that person or entity, and (iii) you shall ensure that, in the event you or that person or entity violates the Terms, you and that person or entity agree to be jointly and severally responsible to us.

Additionally, if you are an entity using any Services pursuant to the Terms, you are responsible for your employees’ and representatives’ use of the Services, including ensuring they comply with the Terms.

 

2. Description of Services

Supertone Clear is de-noise & de-reverb audio plug-in software that allows users to separate voice, voice reverb and ambience from audio in order to control each element separately.

We may temporarily suspend the provision of the Service for maintenance/repair or replacement (or any other significant operational reasons) or periodic inspections for the Services. We may also suspend the provision of the Service for managerial reasons.

 

3. Account Information and Activities

We may require that you create an account in order to use some or all of our Services. In such case, you may need to create your account via the method designated by Supertone, and you may not share or permit others to use your individual account information/credentials. Also, you will promptly update any information provided in your account if there has been any inaccuracies or changes, and you will be solely liable for any results and impact that may be caused by or from your failure to accurately update the relevant information

provided in your account. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

You are responsible for any activity that occurs through your account, and you agree that any other individuals accessing your account will be deemed to act on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan.

We may terminate your account or place your account on hold in order to protect you, Supertone, or others from hacking, identity theft, unauthorized use, or any fraudulent or illegal activity. Also, we retain the right to close or terminate your account in accordance with the Terms, such as due to any breach based on activities conducted via your account. In such case, you agree to forfeit all unused credits related to our Services associated with your account.

 

4. License Granted and Use of Services

The Software and Service, including any elements thereof, are properties of Supertone, and are protected by applicable laws. While Supertone continues to own the Software, along with any relevant patents and intellectual property rights, you will have certain rights to use the Software in accordance with the Terms after you accept them. Your rights and obligations with respect to the use of the Software and Services are as follows:

  • You have a non-exclusive license to use the Software and Services in accordance with the Terms and any other applicable policies of Supertone.

  • The Software may be installed and used simultaneously via up to two (2) computers (e.g., one workstation and one laptop).

  • You shall not, and, shall not permit any third party to, sell, distribute or make any unauthorized copy of the Software, or to license, sell, distribute, rent, transfer, assign, etc., the license provided hereunder to any third party except with the express written consent of Supertone. Supertone reserves all rights to deny any requests for the transfer of this license and any other rights granted, and may institute transfer fees and policies as it sees proper at the time of any such request.

  • You shall not reverse-engineer, decompile, disassemble, tamper, modify, translate, make any attempt to discover the source code, algorithms or methods employed within, or make any derivative works of the Software.

  • You shall not access any part of the Services in order to build a product or service which competes with the Services.

  • You shall not make any attempt to circumvent any protection methods used to protect the Software.

  • The Software may install additional components such as drivers and peripheral applications that are required for proper operation and provision of the Software and Services.

  • The Software, and all intellectual property elements and rights therein or thereto, are owned by Supertone and are protected under applicable laws.

  • The Terms do not grant you any right, title, or interest in the trademarks, service marks, trade names and logos associated with Supertone, Supertone’s software (including the Software) or any intellectual property elements thereof.

  • You agree that the Services (including the Software) are designed for creative and lawful use only. It is strictly and explicitly prohibited to use, directly or indirectly, the Services in any unlawful, harmful, or unauthorized ways, such as impersonating others in a harmful, infringing, illegal, or unauthorized manner, to engage in, facilitate, or promote any illegal activities, or to cause moral, physical, or psychological harm to any person or property.

  • You also agree not to collect, process, or store any sensitive personal information (such as any information concerning an individual’s financial situation, sexual behavior, sexual orientation, medical, biometric or health status, any other information protected under any health data protection laws, or any personal information of children protected under any child data protection laws) using the Services and Software.

  • You are solely and fully responsible for any conduct you perform, along with any content you create, via the Service, and you agree to indemnify Supertone against any claim, damage or harm arising in relation to your use of the Service or any content resulting from such use.

  • Any unauthorized use of the Software or breach of the Terms may result in immediate and irreparable damage to Supertone, and monetary damages alone may be inadequate to compensate such damage. Therefore, in case of such breach or unauthorized use, Supertone may, in addition to any other legal or equitable remedies available, seek, obtain and enforce injunctive relief or specific performance.

 

 

5. Limited Warranty and Disclaimer

We endeavor to provide a stable service. However, you understand that the Services, including the Software, may not be free of defects, bugs, or errors. Accordingly, the Services and Software are provided on an “as-is” basis. To the maximum extent permitted by any applicable laws, Supertone and its affiliates disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for any particular purpose. We disclaim any warranty that the Services and Software (i) will meet your requirements or expectations, (ii) will be constantly available, uninterrupted, secure, or error-free, or that (ii) the results obtained from the use of the Services and Software will be accurate or reliable. If you are experiencing technical difficulties with your use of the Services, please contact our support team, and we will provide assistance in a timely manner.

We are not liable for any damage caused by the unauthorized use of the Services, including the Software, whether it’s trashed files or recording sessions, damaged properties, or physical or psychological injuries.

IN NO EVENT SHALL SUPERTONE BE LIABLE FOR ANY CONDUCT THAT DO NOT ARISE FROM SUPERTONE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS OR LOST DATA ARISING OUT OF ANY DEFECT OR MALFUNCTION REGARDING THE SERVICES OR OF THE INABILITY TO USE THIS SOFTWARE.

IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT THAT YOU PAID FOR THIS SOFTWARE.

THE TERMS SET FORTH OUR ENTIRE LIABILITY AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ACCESS AND USE OF THE SERVICES AND SOFTWARE.

 

6. Intellectual Property Rights of Users

The content you created by using Supertone Clear in accordance with the Terms remains your property, and thus, you shall own all right, title and interest in and to all of your content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of such content.

 

7. Personal Data

You may provide certain information to Supertone in connection with your registration with, access to, or use of, our Services, such as your email address and account information, or we may otherwise collect certain information about you when you register with, access, or use our Services. You hereby agree to provide such information, and agree to Supertone’s use of such information as set forth in the Terms and in accordance with our Privacy Policy.

You also agree to receive communications from Supertone via the Services, or via the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Supertone in connection with the Services is accurate. For information about

how we collect, use, share, and otherwise process relevant information about you, please review our Privacy Policy.

You acknowledge that Supertone may process personal data in accordance with our Privacy Policy, in relation to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development and research, improvement of its systems and technologies, and compliance with applicable laws.

Additionally, the Software may automatically connect to the internet to check for version updates, notifications, etc., and to validate that the Software is properly authorized and operating in accordance with the Terms. Computer system information, IP address, and Software usage data may be transmitted to our servers for the purpose of improving our product and to provide you with relevant information and Services. For full details, please read our Privacy Policy.

Also, if you agree to the terms on behalf of an entity, you agree that our Privacy Policy governs Supertone’s processing of any personal data contained in any content you provide or input to our Services.

Supertone is committed to protecting your privacy and data. During your use of Supertone Clear, we may collect your account information, access logs, date of registration, browser and device information, IP address. To clarify, Supertone Clear does not collect any audio data created by you. Separately, upon your express consent to our marketing emails, we may collect certain information about you, such as your occupation, creator content channel link, and email address, that are voluntarily provided by you.

We do not sell, share, store, or retain any sensitive personal information. Our Privacy Policy provides further details on how we handle and protect your personal information.

 

8. Payment and Refund

We provide a trial mode where you can access the Software with limited functions or features, with which you are allowed to determine whether our Software is right for you.

Refund. Regarding your purchase of the Software, all sales are final, and there shall be no refunds except as expressly required by applicable laws.

Billing. Any charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged via your Payment Method (defined below). You can check your payment date on your account page.

Payment Method. Unless your purchase of the Software or Services has been made on our authorized third-party distributors’ websites, your payment on our website will be processed via Paddle, and any questions regarding Paddle’s services may be directed at www.paddle.com. You remain responsible for any uncollected amounts due and outstanding. If your payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged and collected any and all outstanding amount.

 

9. Amendments and Updates

Supertone reserves the right to modify or update the Terms and the Services from time to time. We will make reasonable efforts to notify users of significant changes. The then-current version of the Terms will supersede all earlier versions. Any continued use of the Services after such changes have been published constitutes acceptance of the new Terms.

 

10. Termination

You may terminate your use of the Services and Software at any time. Such termination does not relieve you of any obligation hereunder (including any outstanding obligation to pay any fees associated with your use of the Services or Software).

Supertone may terminate or suspend access to the Services (including your account, if any) for any user who violates the Terms or engages in unauthorized use of the Services or in unlawful or harmful conduct via the Services. Such users may be separately notified of the termination or suspension. If your account is closed or terminated in accordance with the Terms, you agree to forfeit all unused credits related to our Services associated with your account, along with any rights or licenses granted hereunder.

Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Your indemnification obligations, our limitations of liabilities and warranty disclaimers, and the dispute resolution provisions stated in the Terms shall survive.

 

11. Governing Law and Dispute Resolution

The Terms and any transaction contemplated hereunder shall be governed by the laws of the State of New York, without giving effect to any choice of law provisions or principles of conflict of laws. Any dispute, controversy, or claim arising from or related to the Terms shall be submitted to the American Arbitration Association in New York City, New York.

 

12. Contact Information

For support, inquiries, or feedback, please contact us through our support system at https://support.supertone.ai/ or via our Discord community.

We are excited to have you on board and look forward to empowering your creative expression through our technology.

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