Terms of Service
Last Updated 5 April, 2019
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY SITES OR SERVICES PROVIDED BY BETAREADER SWEDEN AB (“BETAREADER”).
1. Agreement to these terms
1.1. These terms and conditions (the “Terms of Service”, “Terms”) govern the use of websites owned and/or operated by BetaReader (the “Sites”), our mobile and web application (the “App”) and any other services offered by BetaReader from time to time (collectively, the “Services”).
1.2. By registering an account, accessing and/or using our Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Who may use the Services
2.1 You represent and warrant that you are at least thirteen (13) years of age and that you are fully able, competent and authorized to enter into and be bound by these Terms.
3. The Services
3.1 To access and use the App, you must create an account (“Account”) on the Site or the App and become a registered user (“User”). You must provide us with accurate and complete information and keep it up-to-date.
3.2. Your Account is personal and cannot be shared. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify BetaReader immediately of any breach of security or unauthorized use of your Account.
3.3. The App offers an editing tool and related features through which Users can upload and, under certain conditions as described herein, access other Users’ content. Any content that Users make available through the Services, including modifications made to another User’s content, is referred to as “User Content”.
3.4. User Content is private by default. A User can authorize other Users to access and view their User Content (“Readers”). Readers that are given permission to comment and/or add rating can also add commentary and/or add rating to the User Content as authorized by the User, the Services and these Terms. Rights of Readers can be changed at any time by adjusting the settings accordingly in the Account.
3.5. Users assume all responsibility for regulating Reader access to their User Content and moderating Reader behavior and feedback.
3.6. Users can freely add, alter and remove their User Content through the Services. However, some of the User Content (including comments that have been made on other Users Accounts) may not be removed and copies of the User Content may continue to exist on the Services in backups.
4. Prohibited Use
4.1. You warrant that you will not:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violate any applicable law or regulation; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Access, view, use, copy, modify, display, perform, distribute or in any other way make available any part or all of the Services, User Content, trademarks or other proprietary information of other Users or BetaReader, except as expressly authorized by these Terms or with the User’s/BetaReader’s express written consent;
- Attempt to interfere with any BetaReader’s systems or networks, including security or other technological measure implemented by BetaReader or any of BetaReader’s providers or any other third party (including another User) in relation to the Services;
- Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or similar;
- Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services;
- Collect or store any personal data from the Services from other Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Violate any applicable law or regulation.
4.2. BetaReader reserve the right to remove or disable access to any User Content, at any time and without notice, including if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms.
5. Subscriptions and Payments
5.1. The Services are provided to you for free with limited features. Access to certain features requires you to purchase a subscription (“Subscription”). Details about the different types of Subscriptions and Subscription fees are available at https://app.betareader.io/products.
5.2. You may change your Subscription at any time by following the instructions under “Settings” in the app or by contacting us at firstname.lastname@example.org.
5.3. By placing your order you agree that we may start your Subscription immediately and you acknowledge that you do not have a right to a refund in relation to the Subscription. We do not provide refunds for your dissatisfaction with the Services.
5.4. When you purchase a Subscription, you authorize us or our third party payment processor to charge you the Subscription price. You will be automatically charged by us or our payment service provider at the beginning of the period applicable to your Subscription.
5.5. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns regarding payments. If you do not recognize a charge and would like a receipt, or suspect that a charge is fraudulent you can contact Paddle directly at paddle.net
5.6. BetaReader reserve the right to change the Subscription price at any time. Price changes will take effect at the start of the next Subscription Period following notice of the price change.
6. Cancellation and Termination
6.1. You may cancel your Subscription at any time by following the instructions under “Settings” in your Account or by contacting us at email@example.com. Cancellations are effective as of the end of the then current Subscription period.
6.2. BetaReader may suspend or terminate your access to and use of the Services at any time at our sole discretion and without notice or liability to you.
6.3. We may delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with these Terms. We are not responsible or liable for the deletion of (or the failure to delete) any of your User Content.
7. Intellectual Property Rights
7.1. By making any User Content available through our Services you hereby grant to BetaReader a limited, non-exclusive, worldwide, royalty-free, transferable license to access, view, use, copy, modify, display, perform and distribute your User Content solely to the extent reasonably needed to operate and provide the Services to you. For the avoidance of doubt, BetaReader will only use your User Content to display it to the Readers that you chose to make it available to, in accordance with your Account settings.
7.2. You also grant your Readers a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to access and use your User Content solely in connection with their review and permitted use of the Services.
7.3. You understand and agree that you share User Content through the Services at your own risk. BetaReader is not responsible for resolving any intellectual property, ownership or other disputes between Users or others that have access to your User Content.
7.4. BetaReader and/or its licensors retain all right, title and interest in and to the Services (excluding User Content) including text, graphics, designs, images, software, audio, video, and information or other materials that are posted, provided or otherwise made available through the Services by BetaReader (“Content”). Subject to your compliance with these Terms, BetaReader grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to access and view the Content (excluding User Content) in connection with your permitted use of the Services. You may not copy, redistribute or publish any part of the Content without the express written consent of BetaReader.
8.1. We appreciate and value your feedback, comments and suggestions for improvements to the Services (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest in the Feedback to BetaReader.
9.1. You agree that BetaReader may identify you as a User of the Services in the Services and in marketing materials, subject to giving you prior notice. If you do not agree to this you may opt out from such marketing requests by emailing us at firstname.lastname@example.org.
10. Personal Data
11. Limitation of Liability
11.1. BetaReader shall not 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 Services, or for any other claim related in any way to your use of the Services, 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 Services, transmitted, or otherwise made available via the Service, even if advised of their possibility.
11.2. In no event shall BetaReader be liable for an amount that exceeds the total amount of your payments to BetaReader during the past twelve (12) months, from the event giving rise to the liability.
12.1. The Services are provided “as is” without warranty of any kind. We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose and non infringement of the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
13.1. You will indemnify and hold harmless BetaReader and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your (i) unauthorized access to or use of the Services or Content; (ii) User Content; or (iii) violation of these Terms.
14. Changes to the Terms or the Services
14.1. BetaReader may, in its sole discretion, modify, revise or otherwise change these Terms at any time. If you continue to use the Services following such changes, you are indicating that you agree to the modified Terms. Although we may attempt to notify you of changes made to these Terms, you should periodically review the latest version available on the Sites.
14.2. We may change or discontinue any part of or all of the Services, at any time at our sole discretion and without notice or liability to you.
15.1. You may not assign or transfer these Terms, by operation of law or otherwise, without BetaReader’s prior written consent. BetaReader may freely assign or transfer these Terms without restriction.
16. Class Action Waiver
16.1. You may only bring a claim against BetaReader in your individual capacity and not as a member in any class action.
17. Governing Law and Jurisdiction
17.1. These Terms and the use of the Services are governed by the laws of Sweden, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by the Swedish public courts, whereby the District Court of Stockholm shall be the court of the first instance.
18. Contact Details
18.1. For further information, inquiries or assistance please contact us at:
BetaReader Sweden AB
117 63 Stockholm