Last Modified: August 13, 2018
You shall promptly download and install all Updates and acknowledge and agree that Krisp or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Krisp and be subject to all terms and conditions of these Terms.
Integrating with Third Parties
Accessing Krisp and Account Security
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Krisp or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
You acknowledge and accept that certain content, features, functionality, and/or services of Krisp may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of Krisp may be available subject to payment by you.
We reserve the right to withdraw or amend Krisp, and any content, features, functionality, and services we provide on Krisp, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of Krisp is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of Krisp at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of Krisp, to users, including registered users.
Intellectual Property Rights
Krisp, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Krisp and/or the Site, and the client and server software, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that you have no rights or title in or to any content that appears in Krisp and/or the Site, including any virtual goods or currency appearing or originating in Krisp and any other attributes associated with your access and use of Krisp or stored on Krisp’s server. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.
You must not: (i) modify copies of any materials from Krisp; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of Krisp or any services or materials available through Krisp.
The Company name, the names and application icons of Krisp, the Company and Krisp logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Krisp are the trademarks of their respective owners.
Additionally, you agree not to:
Reliance on Information Posted
The information presented on or through Krisp and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of Krisp and/or the Site, or by anyone who may be informed of any of its contents.
Third-Party Materials and Links
Krisp and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, including through links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to Krisp and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
The owner of Krisp is based in the state of Delaware in the United States. We provide Krisp for access and use only by persons located in the United States. We make no claims that Krisp or any of its content, features, or functionality is accessible or appropriate outside of the United States, and you acknowledge that you may not be able to access all or some of Krisp outside of the United States. Access to Krisp may not be legal by certain persons or in certain countries. If you access Krisp from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Purchases and Payments
Krisp or the Site may provide the possibility of purchases, in-app or otherwise. Purchases and the payments thereof will be processed through a third-party vendor, and the processing of such payments, refunds, accuracy of payment methods and related matters are governed by the policies of such vendors making Krisp available to users. Purchases with Krisp are non-refundable.
Krisp may offer rewards to users, in the form of virtual currency or other forms, based on their actions on Krisp. Additionally, users may be able to purchase such virtual currency. You acknowledge and agree that the same virtual currency and/or the same content, features, functionality, or services may be offered at different prices to different users.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that Krisp and any material, content, functionality, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF KRISP OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.
YOUR USE OF KRISP, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP IS AT YOUR OWN RISK. KRISP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO KRISP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF KRISP, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH KRISP, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT KRISP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT KRISP OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, KRISP, ANY SITES LINKED TO IT, ANY CONTENT ON KRISP OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP OR SUCH OTHER SITES OR SUCH OTHER PAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO KRISP OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF KRISP. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, THE COMPANY MAY, AT ITS OPTION, INSTEAD DECIDE TO RE-PERFORM THE SERVICES WHICH ARE PERFORMED THROUGH KRISP. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver of Trial by Jury
You also acknowledge and agree that any controversy that may arise under these Terms is likely to involve complicated and difficult issues and, therefore, you and we irrevocably and unconditionally waive any right you or we may have to a trial by jury in respect of any legal action arising out of or relating to these Terms.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
Krisp is operated by 2Hz, Inc., a Delaware corporation with an address at 2150 Shattuck Ave, Penthouse 1300, Berkeley, CA 94704.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to Krisp should be directed to: firstname.lastname@example.org.