Terms of service

Last modified
May 25, 2018

 

These Terms of Service are a contract between you and Subcurrent, Inc. (referred to as "Polly"). By using the Services of Polly on the web or on any other applications that give access to Polly (e.g. within another platform like Slack or Microsoft Teams), you are bound to agree to the following Terms of Use.

If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.

Polly reserves the right to update and modify the Terms of Use at any time without notice. New features that may be added to the Service shall be subject to the Terms of Use. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

The mark Polly and the Polly logo are trademarks of Subcurrent, Inc.

1 - Account Terms

You may use the Services only if you are 16 years or older and capable of forming a binding contract with Subcurrent, Inc. and are not barred from using the Services under applicable law.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You are responsible for maintaining the privacy and security of your account. Polly will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

Polly may communicate with you via email, in-app messages or pushed notifications regarding your account, system updates, or other issues related to your account.

You are responsible for all Content send and activity that occurs under your account (even when Content is send by others to your account).

You may not use Polly for any illegal or unauthorized purpose. You must not, in the use of Polly, violate any laws in your jurisdiction (including but not limited to copyright laws).

Your login details may be used up to a maximum of five concurrent sessions.

Polly may refuse service to anyone for any reason at any time.

2 - Payment and Access

A valid credit card or bank account is required for paying accounts.

Free accounts are not required to provide a credit card number.

Should you upgrade or downgrade your premium plan, you will be charged your new billing rate immediately.

The Polly Service is billed in advance in accordance with our pricing schedule and all monthly payments are nonrefundable.

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Our company policy is to not extend discounts for a period of more than 12 months.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of Polly and payments made by you herein.

3 - Modifications to the Service and Fees

Polly reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

Polly reserves the right to change our monthly/annually fees upon 30 days notice from us. Fee change will be notified per email to all our subscribers and will be reflected on the Pricing page.

Polly reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

4 - Cancellation and Termination

You alone are responsible for properly cancelling your Account. An email or phone request to cancel your Account shall result in cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Polly once your account is cancelled. Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.

Polly reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Polly believes that You have violated these Terms of Use.

Polly will use all reasonable efforts to contact You directly to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Polly shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

5 -Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Polly does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Polly and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Polly a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with the following limited purposes:

(a) providing the Services to you and your organization as contemplated by this Agreement; and

(b) creating de-identified aggregated benchmark data.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Polly on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any contract by which you are bound, or of any applicable law or regulation.

You can remove your User Content by specifically deleting it, or by following procedures outlined in our Privacy Policy.

6 - General Conditions

Your use of the Service, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of these Service.

You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Polly.

You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.

You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.

You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.

Polly makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. Polly and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

If any provision of the Terms of Use is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

Polly may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

The failure of Polly to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Use sets forth the entire understanding between you and Polly as to the Service and supersedes any prior agreements between you and Polly (including, but not limited to, prior versions of the Terms of Use).

Any questions regarding the Terms of Use should be addressed to contact@polly.ai

7 - Governing Law

Unless otherwise required by law – and which shall only be applied strictly for its intended purpose, it is expressly agreed that US law shall be the law applicable to these Terms of Use and any litigation between you and Subcurrent, Inc. related to the use of the Polly Service shall be submitted to the jurisdiction of a competent court in Delaware. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.