Terms of Service

We aim to provide you with a platform where you can create audio content, share audio content, and discuss with like-minded individuals from all over the world. At the end of the day, our main objective is to empower as many people as possible to repeatedly utilize their most powerful and influential tool, their voice.

These Terms of Service (“Terms”) govern your access to and usage of the app Yibber and will function as an agreement between you and Vix Speakit AB (collectively referred to as “Yibber,” “app,” “platform,” “we,” “us,” or “our”). By signing up or by utilizing our app, you agree to be bound to these Terms and our privacy practices, which are further described in our Privacy Policy. If you do not agree to these Terms, you are not permitted to access or utilize our app.

The following Terms apply when you utilize our app:

1. Using Yibber

a. Who Can Use the App.

In order to register and utilize our app:

• You need to be at least 13 years old. If you are younger than the age of majority in the jurisdiction where you live but older than 13 years old, your parents or guardians must agree to our Terms on your behalf. If you are a parent or guardian and have learned that your child below 13 years old is utilizing Yibber, please contact us at info@yibberapp.com.
• You must have the power to form a binding contract with Yibber and not be prohibited from doing so under the laws of the applicable jurisdiction.

b. Registration.

When you register to our app:

• You agree to provide us with accurate information, including but not limited to, your real name.
• You will not select a name or username with the purpose to impersonate or mislead others. Unless you have someone’s expressed consent, you are not permitted to create an account in their name with the intent to impersonate that person.
• You will not select a name or username that most people reasonably would consider to be inappropriate or offensive.

If someone has created an account in your name with the intent to impersonate you, please contact us at info@yibberapp.com.

c. Termination.

We will terminate your account for the following reasons:

• If you violate these Terms.
• If you help or encourage others to violate these Terms.
• If you repeatedly infringe on other people’s intellectual property.
• If you utilize Yibber for the main purposes of recording and sharing offensive, sexually explicit, illegal, dangerous, gratuitously violent, harassing, defamatory, or threatening content.
• If you utilize Yibber for the main purposes of gambling, games of change, or illegal sweepstakes or contests.
• If you utilize Yibber for the main purposes of promoting, encouraging or facilitating any illegal activity, violating the law or the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality).
• If you utilize Yibber for the main purposes of imposing an unreasonable or disproportionately large load on our and our third-party partners’ services or circumventing or attempting to circumvent any filtering, security measures or other features designed to protect our and our third-party partners’ services.

You may close your account at any time by visiting http://yibberapp.com/contact and selecting the option “I want to delete my account.” Once we receive your request, we will close your account shortly thereafter. Please notice that if you proceed with closing your account, your profile and content will no longer be visible on Yibber. You can stop the deletion process and restore your Yibber account within 30 days after you proceed by logging in with your credentials. If you choose to do this, your profile and content will once again be visible on Yibber.

d. Registration.

By utilizing our app, you acknowledge and agree that:

• We are permitted to add or change features without noticing you.
• We are permitted to automatically update the software, and these Terms will apply to any updates.

e. Feedback.

When you submit feedback, you acknowledge and agree that:

• We are permitted to utilize, reveal, and exploit it without paying any compensation to you.
• We do not give up any rights to utilize comparable or related feedback that was previously known to Yibber.

We are always striving for improvement, so if you have any ideas on how to further enhance Yibber’s user experience, please contact us at feedback@yibberapp.com.

f. Advertisements.

By utilizing our app, you acknowledge and agree that

• We and our third-party partners may include advertisements in connection with content or information on the app.

g. Privacy Policy.

By utilizing our app, you agree to:

• Our privacy practices, which are further described in our Privacy Policy.

2. User Content

a. Ownership.

As a user of our app, you:

• Retain ownership of your user content, including all the content that you create, submit, or share with others via our platform.

b. License to Use Your Content.

By creating or submitting content on our app, you grant us:

• A non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, host, edit, modify, copy, aggregate, store, distribute, display, publish, translate, transmit, and create derivative works of your content in connection with the operation, promotion, advertising, or marketing of our app. We may use this non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to make your content available to our partners, including other companies, organizations, or individuals for the syndication, broadcast, distribution, transmission or publication of such content on other media and services without paying any compensation to you. When submitting content on our app, you represent and warrant that you have obtained all rights, licenses, consents, and authority to lawfully submit it. If you create and submit content with others, you are exclusively responsible that each collaborator has either agreed to these Terms or has granted you the rights to agree to these Terms on their behalf.

c. Content Removal.

We can remove any content you create or submit on our app for the following reason:

• If we believe that it violates these Terms.
• If most people would reasonably consider it offensive, sexually explicit, illegal, dangerous, gratuitously violent, harassing, defamatory, or threatening.
• If it infringes on other people’s intellectual property.

If someone is infringing on yours or another person’s intellectual property, please contact us at info@yibberapp.com.

3. Our Content

a. Our Content.

The following content is considered property of Yibber:

• All intellectual property related to our app, including but not limited to our software.
• All the data we collect about the usage of our app, including from you and other users.

By accessing and utilizing our app, you acknowledge and agree that our content will remain the property of Yibber.

b. Our License to You

If you comply with these Terms, we grant you:

• A personal, limited, royalty-free, non-sublicensable, non-exclusive license to access and utilize our app.

We may terminate or suspend our license to you at any time for any reason

4. Third-Party Services

a. Third-Party Services.

By utilizing our app, you acknowledge and agree that:

• We are not responsible for the content provided on third-party websites, third-party online services, or third-party resources that you access through our app.
• We are not responsible or liable for any damage or loss caused or claimed to be caused by or in connection with the utilization of such third-party website, third-party online service, or a third-party resource that you access through our app. When you access third-party websites, third-party online services, or third-party resources, you acknowledge and agree that you do so at your own risk.

5. Disclaimer

a. Disclaimer.

By utilizing our app, you acknowledge and agree that you:

• Access and utilize the app or any content on the app at your own risk. We are not responsible or liable for any user or third-party content contained in or accessed through the app. The app is provided to you on an “AS IS” and “As Available” basis, and without warranty of any kind, whether express, statuary or implied. We and our officers, directors, employees, representatives, agents, related companies, suppliers, partners, and licensors (collectively referred to as the “Yibber Entities”) do not warrant and expressively disclaim all responsibility and liability for: (1) the security, availability, accuracy, reliability, and completeness of the app, (2) that the app will be available on an error-free basis and that all errors will be corrected, and (3) any harm occurring to your device resulting from your access to or utilization of the app.

6. Limitation of Liability

a. Limitation of Liability.

The following applies to the maximum extent permitted under applicable law:

• By accessing or utilizing the app, you acknowledge and agree that the Yibber Entities shall not be liable for any (1) indirect, special, incidental, punitive, exemplary, or consequential damages, or (2) any loss of data, business, goodwill, profits, or revenues (whether incurred directly or indirectly) resulting from your access to or utilization of the app or third-party services. Our maximum aggregate liability to you for all claims relating to the app is limited to the amounts paid by you to us, if any, in the 12 months prior to the action giving rise to the liability. Your sole remedy for dissatisfaction with the app is to stop utilizing the app.

7. Indemnification

a. Indemnification.

The Following Applies to the maximum extent permitted under applicable law:

• You agree to defend, indemnify, and hold harmless the Yibber Entities from and against any claims, costs and, expenses (including reasonable attorneys’ fees), suits, proceedings, liabilities, demands, disputes, damages, and losses that arise from or relate to your access to or utilization of the app, your user content, breach of these Terms, your violation of any law, or any other activity you engage in on the app.

8. Arbitration

a. Arbitration

By utilizing our app, you agree to the following dispute resolution:

• For any dispute you have with Yibber, you agree to first contact us and try to resolve the dispute with us informally. If the dispute cannot be solved informally, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be resolved by mediation in accordance with the Rules of the Mediation Institute of the Stockholm Chamber of Commerce. Where the dispute cannot be settled by mediation, it shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). The Rules for Expedited Arbitrations shall apply, unless the SCC Institute in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.

9. Governing Law and Jurisdiction

a. Governing Law and Jurisdiction

The following law and jurisdiction govern this agreement:

• This Agreement is governed by Swedish law, without regard to its conflict of law provisions.

10. Revision

a. Revision of These Terms.

By utilizing our app, you acknowledge and agree that:

• We may revise these Terms occasionally. The revisions will not be retroactive, and the newest version of these Terms will always govern your access to and usage of our app. We will attempt to notify you of material revisions to these Terms via either email, posted notice on our app, or in another equally effective manner. By continuing to utilize our app after material revisions become publicly available, you agree to be bound to the revised Terms.

11. Contact

a. Questions.

If you have any questions about these Terms, please contact us at info@yibberapp.com.