Terms of Service

Terms and Conditions (EULA)

Last updated Jan 3, 2024

1. OVERVIEW

These Terms & Conditions (these “Terms”) contain the terms and conditions on which The Listening App Inc. (“Listening” or “we”) supplies content, products or services listed on listening.com (the “Website”), through our mobile apps (the “Apps”) or via other delivery methods (including the Chrome Extension, collectively known as “The Products”) to you, the user.

By using Listening.com’s website, apps, browser extensions, or other products, you agree to be bound by these terms.

These terms constitute an agreement between you and Listening. Listening, not Apple nor Google, is solely responsible for the content in this app and related Products.

This is a non-transferable license to use the Products on desktop computers and mobile devices that you own. For Apple device users, this license is pursuant to Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser.

The Products are meant for PERSONAL, NON-COMMERCIAL, INDIVIDUAL USE ONLY. You may only use The Products with material you’ve lawfully purchased, or whose rights you’ve lawfully acquired. This may include material you’ve purchased, material you’ve licensed through an educational institution, or copyright free material. Sharing your Listening account with others, or sharing audios generated through The Products, is strictly prohibited and grounds for immediate termination of your account.

2. TERMS AND CONDITIONS

These Terms lay out the complete agreement between you and Listening, for use of all Listening Products.

As part of using Listening, you are hereby consenting to storage and processing of certain data. These include, but are not limited to:

Your name
Your email address
The list of articles, blog posts, and other content you wish to listen to
List of products you've purchased
Actions you've performed in the app

These terms may change at any time. We’ll notify users by updating the terms on our website. If you continue to use the Products, you hereby agree to be bound by the Terms as changed.

3. ACCOUNTS

By signing up on any of Listening’s Products, you become a member and account holder of a Listening account. You are solely responsible for keeping your email and password secure.

When you create an account on Listening, you represent and warrant that you’re legally capable of entering into a contract, and that no applicable laws are violated by your use of the product.

4. SUBSCRIPTIONS

Upon signing up for a Listening account, you will initially have an account which is on our Free Tier.

The Free Tier is a zero cost account, with limited functionality and a limited number of audio conversion hours.

You can upgrade to a subscription fee-based plan. Upon payment, this will unlock additional functionality. This may include additional hours, higher quality voices, or other additional features.

If you make a purchase through a mobile store, such as the Apple iTunes Store, Apple App Store, or Google Play Store, the purchase is final and cannot be refunded. If you purchase directly on our website, you may be able to contact support for a refund, provided the subscription has been active for 30 days or less.

To cancel a subscription, you can do so inside your Listening.com account, or by contacting support@listening.com. Subscriptions created through a mobile app store, such as the Apple iTunes Store, Apple App Store, or Google Play Store, cannot be canceled by us. You must cancel these subscriptions using Apple and Google’s store interfaces, respectively.

Listening is only responsible for providing Products upon successful payment completion.

Listening reserves the right to change its fees, charges, and prices at any time. We will notify you with at least 30 days notice before such a change.

5. CANCELLATION

If you purchased a subscription through the Apple iTunes Store, or the Apple App Store, you can cancel your subscription by clicking on “App Store”, then “Profile”, then “Manage Subscriptions”.

If you purchased a subscription through the Google Play store, you can cancel your subscription by opening the Google play app, navigate to Subscriptions, then cancel the automatic renewal.

Either of these processes may change. Please refer to the Apple or Google store processes at the time of cancellation.

In the event of a breach of terms, fraud, or other issue, Listening reserves the right to terminate your account. In the event of a termination, Listening will notify you by email.

6. LICENSE AGREEMENT

Listening hereby issues a limited, revocable, non-exclusive license for you to download, stream, listen to, and non-commercially and personally use Listening’s products.

The Product may contain material with copyrights that belong to Listening. Listening retains all rights to those copyrights. The right to download and stream the audio created by Listening is licensed to you, not sold to you, and may be revoked at any time.

7. Maintenance

Listening is solely responsible for the maintenance of its products. Both you and Listening acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the products.

8. Product Claims

Both you and Listening acknowledge that Listening, not Apple, is responsible for addressing any issues arising out of product claims. These include, but are not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Product's use of the HealthKit and HomeKit frameworks. This EULA does not limit Listening's liability to you beyond what is permitted by applicable law.

9. Intellectual Property Claims

Listening acknowledges that, in the event of any third party claim that the Product or your possession and use of that Product infringes that third party’s intellectual property rights, Listening or the end user (not Apple or Google) will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You agree to ONLY use The Products with material you’ve lawfully acquired. This can include through purchase, through licensing agreements, or if the material is free of copyright.

10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Listening is committed to complying with all applicable laws, including copyright laws. Our users are required to comply with these same laws.

You may not use, store, or share any material in a way that constitutes an infringement on intellectual property rights, including copyrights. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), owners of copyrights may ) report believed infringements of their exclusive rights. Listening.to will immediately investigate, and if necessary take action on these reports.

DMCA REPEAT INFRINGER POLICY: Users who are determined by Listening to be repeat infringers of copyright or other intellectual property rights will have their accounts terminated. The number and nature of these infringements will be taken into account, and Listening reserves the right to terminate accounts based on a single infringement in severe cases. A user may be considered a repeat infringer if they are repeatedly notified of infringing activity and/or have had material or activity removed from The Products due to copyright infringement.

If you believe your intellectual property rights are being infringed upon, we encourage you to contact us immediately:

Email: support@listening.com

Phone: 917-420-1339

Contact: The Listening App Inc, Derek Pankaew

Address: 18 Bartol Street, #1125, San Francisco, 94133 CA

Your notice of copyright infringement must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work or works claimed to have been infringed.
Identification of the material that is claimed to be infringing and its location on the Listening Website or Apps.
Your email, address, and telephone number.
A statement that you have a good faith belief that the identified material is not authorized by you, the copyright owner, or by law.
A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

11. ARBITRATION

These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions.

Any dispute that arises out of this agreement, or in connection with Listening, or the usage of the Products, will be resolved through binding arbitration in California.

By agreeing to these terms, you hereby waive your right to go to court and have a trial in front of a jury or judge. You are hereby electing, and agreeing to, having any claims resolved by arbitration.

As long as permitted until applicable law, you hereby waive your right to file or join a class action lawsuit. You hereby agree to only bring claims as an individual party, not as a class member in a class action lawsuit.

You may opt out of this arbitration agreement. If you do so, you must notify Listening within 30 days after becoming subject to this agreement. Send your opt-out notice to support@listening.com.

12. SEVERABILITY

If any portion of this contract is deemed unenforceable, then that provision shall be severed from this contract. The remainder of the contract shall continue to be valid and enforceable.

13. Compliance

You represent and warrant that:

(i) 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

(ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

14. Third Party Terms

You must comply with any applicable third party terms of agreement when using Listening.

15. Third Party Beneficiary

You and Listening both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

16: USER-SUBMITTED CONTENT

16.1 Our Services may permit you to submit various materials to us, which can include, but are not limited to, uploading photos to your profile, uploading text, video, audio, PDFs, or imagery. In these Terms, we refer to these submissions as "User-Submitted Content," encompassing any form of material that you make publicly available to us, which can range from text, files, images, photographs, video, audio, and artistic or literary creations.

16.2 This Section 16 outlines the rights and obligations that you and we hold concerning User-Submitted Content. Your agreement to submit or review User-Submitted Content implies your acceptance of these Terms. Should you disagree with these Terms, please refrain from submitting or reviewing User-Submitted Content.

16.3 We do not perform systematic assessments of User-Submitted Content provided by you or other users. The content of User-Submitted Material is your responsibility and not ours. We disclaim all warranties and representations, whether explicit or implicit, regarding User-Submitted Material, including its legality or precision.

16.4 We hold the exclusive right, at our sole discretion, to reject, edit, or remove your User-Submitted Content, or to limit, suspend, or terminate your access to any or all parts of the Services. This could occur if User-Submitted Content contravenes Section 7, with or without prior notice to you.

16.5 We may link User-Submitted Content or parts thereof to other material, including content submitted by other users or produced by us or other third parties. We may employ User-Submitted Content for our internal business objectives, such as analyzing trends or categories, or to promote, market, or advertise our services. You understand and accept that we may indirectly derive commercial gain from your User-Submitted Content.

16.6 Every instance of your submission of User-Submitted Content is governed by the following warranties and representations:

(a) You possess the lawfully acquired rights of your User-Submitted Content or are authorized to submit it. Your submission will not violate any rights of third parties, encompassing intellectual property rights (e.g., copyright or trademarks), privacy or publicity rights, confidentiality rights, or contractual rights. By uploading your content to Listening, you represent and warrant that you have the necessary intellectual property rights.

(b) Your User-Submitted Content is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive. It doesn't incite illegal activities, provoke civil liabilities, contravene any laws, or is otherwise regarded as unsuitable.

(c) You won't engage in illegal or harmful activities, such as fraud, spamming, sending harmful files, copyright infringement, patent infringement, theft of trade secrets, or attempting to impersonate another user.

(d) You won't use automated systems, such as scripts, to modify our content.

16.7 We reserve the right to disclose your identity to any third party claiming that their rights have been infringed by your User-Submitted Content.

16.8 The Products provided by Listening are intended for SINGLE-USER non-commercial usage ONLY. Dissemination of audios to others constitutes a breach of terms leading to account termination. You bear the complete legal accountability should you share any materials with others. Listening retains the right to actively monitor for any unusual activity on your account, and respond as deemed appropriate, including but not limited to account termination.

16.9 Listening does not allow exports of converted audios, and has taken deliberate technical measures to prevent the exporting of such audios. Circumvention of these measures is strictly prohibited and grounds for account termination.

17. Contact Information

Questions can be directed to Derek Pankaew, at the following address: