Terms of Service
B. By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any of your minor dependents to use this site.
C. By accessing or using the Site or the Platform, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all site users, including without limitation the users who represent browsers, vendors, customers, merchants, and/or contributors of content.
D. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these Terms are considered an offer, the acceptance is expressly limited to these Terms.
E. Any new features or tools which are added to the product shall also be subject to the Terms. You can review the most current version of the Terms on this page at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
F. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services, and provide the links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
1. General Conditions
A. We reserve the right to refuse to deliver services to anyone for any reason at any time.
B. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided without our written permission.
C. You may neither use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Service.
D. You must not transmit any worms or viruses, or any code of a destructive nature.
E. A breach or violation of any of the Terms will result in the immediate termination of your Services.
F. The headings used in this Agreement are included for convenience only, and do not limit or otherwise affect these Terms.
2. Use of the Platform
You must create an account to access the Platform’s application creation features. You are responsible for keeping your account credentials secure in the course of the acts that occur under your account, as well as the acts of anyone who accesses the Platform on your behalf. You may use the Platform to create applications for your customers. You can’t use the Platform for illegal purposes, to post pornography or hateful content, harass others, or do anything else your mother would not approve.
B. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must inform Mumble immediately in case of any suspected unauthorized use of the Platform. Mumble cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or an unauthorized use of such credentials. You understand that your content (not including credit card information) may be transferred unencrypted and include (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during its transfer over networks. You are solely responsible for all the data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). You agree to cooperate with and provide reasonable assistance to Mumble in promoting and advertising the Services. By posting Your Content on or through the Service, you hereby do and shall grant Mumble a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, perform, and process Your Content solely to provide the Services. Mumble has the right but not the obligation to monitor the Service, Content, or Your Content. You further agree that Mumble may remove or disable any Content at any time for any reason (including but not limited to upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You acknowledge that you bear sole responsibility for adequate security and backup of Your Content. Mumble will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any part of Your Content.
C. Platform Access. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including without limitation modems, hardware, servers, software, operating systems, networking, web servers, long distance and local telephone services (collectively named as “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Platform) and complies with all the configurations and specifications set forth in Mumble’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all the use cases of your Account or the Equipment with or without your knowledge or consent. The failure of Mumble to exercise or enforce any right or provision of this Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between you and Mumble, even though it is electronic and is not physically signed by you and Mumble, and it governs your use of the Service.
3. Platform License
You can use the Platform to host and manage a podcast and/or podcast website that you make available to others (“Mumble Podcast”). Any other use of the Platform or attempt to copy or damage the Platform is prohibited, and we may suspend or terminate your account in such event. You may pay an additional fee to access additional features that expand the functionality of the Platform.
A. Subject to these Terms, Mumble grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: access and use the functionality of the Platform on a single device solely in connection with the Service to host and manage podcasts and other Internet-based services that may be made available to members of the general public (each such individual accessing a Mumble Site, an “End User”). The license granted in this section includes the right to access, use, and apply any changes to the Platform made available to all Mumble clients at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform.
B. Restrictions. You shall not (and shall not allow any third party to) copy, share, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Mumble to access the Service. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of Mumble or any third party is granted to you in connection with the Service. Mumble may take any actions it deems reasonable, including denying access to Users, suspending a Mumble Podcast, suspending a Mumble Podcast Website, or terminating your Subscription (as defined in Section 4(A) for any breach of this Section 3(A).
Any fees for Platform Subscriptions are due in advance, and are automatically charged to your credit card, and will continue until canceled. We will charge sales tax or VAT where applicable. We use Stripe to process payments and you must agree to their terms when entering payment information.
A. Subscription. You do not need to pay to access the Platform, but certain features of the Platform are only available with a paid access plan (a “Subscription”). Subscription levels, features and pricing are available at https://mumble.fm/#pricing. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account will be conducted in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”) prior to starting a Subscription. You shall promptly update your Account if there is any change to your payment information. Your Payment Provider Agreement, and not these Terms, governs your use of the designated credit card or online transaction account. Providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a Seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.
B. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until canceled as set forth in Cancellation Section. By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due, or we may terminate your Subscription. C. Cancellation. Subscriptions may be canceled at any time by following the “Plan” section of your “Settings” page or by contacting us via email at [email protected]. The user may request the termination of a Monthly Subscription at any time. Upon a termination request the Monthly Subscription will remain active through-out the current subscription period and will not be renewed for the next subscription period. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless canceled prior to the anniversary of the applicable Subscription Start Date. Upon cancellation, canceled Accounts will lose access to paid features on the Platform and other paid Mumble services after the paid period finished, including connection with any custom domain you may have set up.
D. Taxes. Unless otherwise stated in your Subscription schedule, you are responsible for and shall pay all applicable taxes. This includes all federal, state and local taxes, fees, charges, surcharges or other similar exactions, imposed on or with respect to our Services whether these taxes are imposed directly on you or on Mumble, and include but are not limited to sales and use taxes, utility user’s fees, excise taxes, VAT, any other business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes. For purposes of this section, taxes do not include any taxes that are imposed on or measured by the net income, property tax or payroll taxes of Mumble.
F. Refunds. Mumble has no obligation to provide refunds or credits, but may grant them in extenuating circumstances as a result of specific refund guarantee promotions, or to correct any errors made by Mumble, in each case at Mumble’s sole discretion.
G. Coupons. Coupon is a code that allows obtaining a discount for Mumble license fee. The conditions of the discount for each coupon are determined by Mumble at their sole discretion. A user may be able to enter the coupon in Mumble in the Billing section, before paying for a license, or while registering in the Platform. A user can give this coupon to any other user unless otherwise stated. When the coupon validity period is finished and the subscription is not canceled, the Platform charges a user off for the amount of the full license price.
H. Price changing. Mumble has rights to change prices at their sole discretion at any time without notification of the users. The new prices will be in the form new plans and they will not be applied for any active subscription. If the user wants to change to a new plan they will have to do it through the Website.
5. Third-Party Services
A. Certain content, products and services available via our Service may include materials from third-parties.
B. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
C. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. User Comments, Feedback and Other Submissions
A. If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may at any time without restriction edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
B. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms.
C. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make, and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. Personal Information
9. Errors, Inaccuracies and Omissions
A. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including the time after you have submitted your order).
B. We undertake no obligation to update, amend or clarify the information in the Service or on any related website, including without limitation the pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
10. Prohibited Uses
A. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Disclaimer of Warranties; Limitation of Liability
A. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
B. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
C. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
D. You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.
E. In no case shall Mumble, our directors or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
A. You agree to indemnify, defend and hold Mumble and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. Entire Agreement
A. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
B. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire Agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms).
C. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
A. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
B. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
C. If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part of them).
15. Force Majeure
A. Mumble shall not be bound to fulfill any obligation if prevented from doing so by force majeure. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel, and non-fulfillment by suppliers of Mumble, or force majeure on the part of suppliers of Mumble.
16. Changes of Terms
You can review the most current version of the Terms at any time at this page. We reserve the right to update, change or replace any part of these Terms at our sole discretion by posting updates and changes to our Site or Platform. It is your responsibility to check our Site or Platform and Terms periodically for changes. Your continued use of or access to our Site or Platform following the posting of any changes to these Terms constitutes your acceptance of those changes.
17. Governing Law
This ToS shall be governed by the laws of Sweden without regard to the principles of conflicts of law. Unless otherwise elected by Mumble in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Sweden, or the purpose of resolving any dispute relating to your access to or use of the Service.