Terms of Use

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Terms of Use

Storytel Sweden AB, with corporate registration number 556696-2865 and registered address BOX 24167, 104 51 Stockholm (hereinafter “Storytel”, “us”, “our” or “we”) offers a digital app and service (the “Service”) that allows you (hereinafter “You” and/or “Yourself”)) to access content, such as short stories (the “Content” and/or “Short Story”) streamed over the Internet to Your mobile phone or to another compatible internet accessible device. By downloading the AudioBites app, using the Service or creating a login ID You are entering into a binding agreement with Storytel and agree to and accept to abide by these Terms of Use.

Agreeing to these Terms is a requirement for Your access to and use of the Service. By accepting them You agree and accept that Storytel may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision hereof. If You do not agree to the Terms (as defined below) You may not use the Service neither access or consume any Content provided by Storytel.

Additionally, supplemental terms of use may apply to some parts of the Service or for other Storytel offers or services, e.g. regarding competitions, add-on services, other activities, additional content, separate plans, products or software provided by Storytel. If supplemental terms and conditions are required, they will be disclosed to You in connection with the relevant activities or products. Any supplemental terms and conditions provided by Storytel are an addition to these Terms of Use, and will, in the event of a conflict, prevail over these Terms of Use.

These Terms of Use, the AudioBites Privacy Policy and any additional and/or supplemental terms and conditions from Storytel are hereinafter collectively referred to as the “Terms”.

The effective version of the Terms can at all times be found on the AudioBites website.

1.Age Limit and Account Eligibility
1.1. To be eligible to enter into the Terms and set up an account and/or enter into a subscription plan and/or prepaid plan with Storytel You must
a) be at least eighteen (18) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country/region where the Service is made available to You;
b) be a resident of the country/region in which the Service is made available to You; and
c) agree to be bound by the Terms.
1.2. You must also provide Storytel with correct information about Yourself when registering an account with us and provide correct contact details and a valid method of payment if applicable.

2. The Service
2.1. Storytel provides a digital service through which You can stream Content to Your mobile phone or via other internet accessible devices accessed via the AudioBites app. Unless otherwise agreed in any supplemental terms or under a subscription/prepaid plan offered to You by Storytel to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.
2.2. In order to use the Service, You must use an internet-connected device compatible with Storytel’s technical requirements or one of Storytel’s business partner platforms onto which Storytel’s application is installed. For a full and updated list of the technical requirements for using the Service, a complete list of Storytel’s business partners and a list of the currently accepted payment methods please visit the AudioBites website. Storytel reserves the right however to modify technical requirements for the use of the Service and to change, add or remove business partners and payment methods from time to time. Storytel will use its best efforts to notify You, via email or via push notification from within the Service, of any modifications which may limit Your technical ability to use the Service. Such notification will be sent no later than thirty (30) days prior to the entry into force of such modification. Storytel reserves the right, at any time, to add or remove a business partner and payment solution without any prior notification to You.
2.3. The service is offered via a paid for version (“Premium Plan”). And a free version (“Freemium Plan”).

3. Initial Free trial
3.1. Before deciding whether to become a Freemium or Premium user of the Service Your use of the Service may start with a free trial period (“Initial Free Trial”) of the Service. The Initial Free Trial lasts three (3) days, or as otherwise specified when You sign up, and is intended as a way to allow users to try the Service.

4. Extended Free Trial
4.1. At the end of the Initial Free Trial the User will be presented with the opportunity to create a login ID and/or user account to extend the Free Trial with thirty (30) days (“Extended Free Trial”).
4.2. If an Initial and/or Extended Free Trial is offered to You, it is Storytel’s intention to offer such Free Trial once. Thus, a user who has already activated any type of Free Trial offer may be blocked from using additional Free Trials. Free Trial eligibility is determined by Storytel at its sole discretion and Storytel may limit such eligibility to prevent Free Trial abuse and/or a breach of the Terms. Storytel reserves the right to revoke or terminate a Free Trial if Storytel, in its sole discretion, determines that a user is not eligible. The user may not combine any Free Trial offer with other offers.

5. Continued Use
5.1. At the end of the Extended Free Trial the User will be presented with the opportunity to choose between a Freemium or Premium Plan as described below.
5.2. Freemium Plan
5.2.1. By choosing the Freemium Plan a User gains access to a limited catalogue of Content. The User may consume one (1) to ten (10) story credits per thirty (30) days free of charge. The exact amount of story credits will be specified before the User chooses plan. One (1) story credit is consumed when a User listens to 10 % or more of one (1) Short Story during thirty (30) days. Storytel may allow at its sole discretion Users to listen to more than 10 % of a Short Story within thirty (30) days before a story credit is deducted.
5.3. Premium Plan
5.3.1. By choosing the Premium Plan the User agrees to prepay for unlimited access to the Content in the Service and may consume the Content without restrictions in time or in the amount of stories.
5.4. Additional information about Plans
5.4.1. Storytel reserves the right, at its sole discretion, to offer the Service through different kinds of subscription- or prepaid plans.
5.4.2. Storytel reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such plans from time to time. Where such change materially affects an existing plan to the detriment of a user, the user will be informed thereof and have the possibility to terminate the Service in accordance with section 12 in these Terms of Use.
5.4.3. Please see the AudioBites website for updated information on prices and any type of plan or other types of offers available to you from time to time in your country/region of residence. There You will also find a presentation of the currently available plan(s) and their corresponding supplemental terms (including any specific limitations) to which You, in order to access such plan, have to agree separately.

6. Prices and Payments
6.1. Storytel cooperates with third party payment service providers through which all Your payments will be made before settled with Storytel.
6.2. Storytel may offer different payment options for the Premium Plan, such as one-off payments for a limited period or recurring subscription plans. A prepaid Premium Plan will be terminated at the end of the time period chosen by the User at time of purchase and can not be cancelled by the User. If a recurring subscription is offered it is paid monthly in advance until the subscription is terminated. As regards the timing of the monthly payments, a User will be charged once every thirty (30) days, commencing on the date when the User activated its recurring subscription. In some cases, the date on which a User will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding the User’s chosen payment method such as eg. the User’s credit card details.
6.3. Prices are displayed on the AudioBites website. All prices include Goods & Services Tax (GST). Payment can be made by credit/debit card or by such other payment method (including but not limited to in-app payments) that Storytel at any given time may inform You of. As regards credit cards, please be informed that Storytel may refuse or block credit cards which are not issued in the country in which the Service is offered to You. Storytel also reserves the right at any time and at its own discretion to deny certain types of credit cards.
6.4. Prices may vary depending on the type of payment method used. If prices vary, Storytel will communicate this on the AudioBites website in connection to the general information on prices. Further, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.
6.5. In the event of default of or a delayed payment, Storytel reserves the right to suspend or terminate Your access to the Service. If this should occur, please xx. In the event of a delayed payment Storytel is however entitled to charge You reasonable penalty interest, reminder fees, and where applicable, statutory debt collection fees.

7. Gift Cards
7.1. Storytel may offer different types of Gift Cards. Some Gift Cards may be product specific, which means that such a Gift Card is connected to a specific plan or product, as determined at the time of the purchase. Any such Gift Card can only be used in accordance with the terms applicable to such a plan.

8. Intellectual Property Rights
8.1. The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by Storytel should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.

9. Content and Software License
9.1. The Content offered to You via the Service may vary from time to time and between the different countries and regions where the Service is available. The Content may also vary depending on Your location when You access the Service. Storytel makes no representation that the Service or the content accessible through the Service will be available for use in any other country/region than Your residing country/region in which the Service is made available to You. For information on the content currently available in Your country/region, please visit the AudioBites website. Please be informed that Storytel is under no obligation to notify You of any changes in the Content offered.
9.2. The Service is configured to enable the use of the Service software, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual items or other material for Your personal, non-commercial use only.
9.3. You acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Storytel or except as otherwise expressly permitted under applicable mandatory law. 9.4. You also acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. 9.5. This section 9 applies to everyone who has access to the Service.

10. Third party content and links
10.1. The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, our website and any forums provided by Storytel both inside and outside of the Service does not constitute endorsement by Storytel and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. Storytel does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Storytel is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, Storytel will not be responsible for content provided on any third-party website/social media platform, and further Storytel will under no circumstances be liable for any direct or indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.
10.2. The Service may integrate, be integrated into, or be provided in connection with third-party services and content. Storytel does not control those third-party services nor its content. You should carefully read any agreement or terms of use and privacy policies presented to You that apply to such third-party services and/or content.

11. Duration and termination
11.1. If you have chosen the Premium Plan Your access to the Service will be terminated at the end of the time period chosen by you at the time of purchase. When You have prepaid a plan you can not terminate Your plan.
11.2. If Storytel offers a recurring subscription model and you have chosen such plan it will continue from month to month until terminated by You or by Storytel. Unless You cancel Your subscription You therefore authorize us to charge You the next month’s subscription fee in accordance with the Terms and via the payment method that You have chosen and registered with Storytel when You signed up for the Service, or otherwise as per Your later instruction to us. To terminate the Service before a new month is added to Your subscription term, You must terminate the Service no later than the day before a new monthly period begins, otherwise the subscription continues, and You are charged for another month before it is terminated. To unsubscribe from a recurring plan, please follow the guidelines on our website www.audiobites.storytel.com.
11.3. In addition to Storytel’s termination rights set out in other sections, Storytel has the right to terminate or restrict Your use of the Service with immediate effect if Storytel has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also applies if You are otherwise using the Service in a fraudulent way or a way that may cause damage to Storytel or any third party.
11.4. To terminate the use of the Freemium Plan please delete the app.

12. Storytel’s rights and responsibilities
12.1. As part of providing the Service, Storytel may contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service for the purpose of communicating regarding the functionalities (including sending reminders about credit card expiration dates) and the Content of the Service. Where applicable Storytel may also, unless You have declined such contact, contact You by mail, social media platforms, telephone, SMS, MMS, e-mail or directly via the Service regarding promotions or similar activities, products and events that are related to the Service.
12.2. If You have separately agreed and accepted thereto, Storytel may also contact You via any other means of communication e.g. via third party social media platforms.
12.3. All communication between Storytel and the User shall be in accordance with AudioBites privacy policy.
12.4. Storytel is not liable for any disruption to mobile networks or in the service of internet providers.
12.5. The Service is available around the clock, seven (7) days a week. However, Storytel provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Storytel will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. Storytel also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.
12.6. Storytel has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. Storytel also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the AudioBites Privacy Policy.
12.7. Storytel may, at its own discretion, make changes in the Terms. When Storytel makes material changes to the Terms to Your detriment this will be communicated to You e.g. by displaying a notice in the Service or by sending You an e-mail, SMS or a push notification via the Service no later than thirty (30) days before the changes take effect. In some cases we will ask for Your explicit consent and in some cases we will notify You in advance and Your continued use of the Service will constitute Your acceptance of the changes. It is therefore important that You read any notice or message from us carefully.

13. The User’s rights and responsibilities
13.1. Unless otherwise follows from any applicable supplemental terms, the User may listen to short stories and use the Content in the Service for the User’s private non-commercial use only. Users of the Service may e.g. not play Content for an audience or in a public place. Your account details (including but not limited to login details) are personal and they may not be shared with others.
13.2. The User undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, Content in the Service, even for private use.
13.3. You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.
13.4. You are responsible for ensuring that the information provided at registration is correct and that any personal data provided to Storytel, including Your e-mail address, is correct. You are responsible for informing Storytel of any change in the data provided, especially to Your e-mail address. Any e-mail that Storytel sends to Your e-mail address shall be deemed to have been received by You within two (2) days of the e-mail being sent.
13.5. You are responsible for maintaining control over Your account, to prevent undue access to the Service and undertakes not to reveal Your password or any other personalized details associated with Your account for as long as You subscribe to the Service.
13.6. The User has no right to transfer his/her rights and obligations under the Terms, unless the User has Storytel’s written consent to do so.
13.7. The User must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Storytel, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and our website and any forums provided by Storytel both inside and outside of the Service appropriately and for lawful purposes only. Subsequently You agree not to use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.
13.8. In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact Storytel by way of the contact form on the Storytel website, from the email address registered to Your account or by using any other means to inform us or to lodge a complaint.

14. Contracting party
14.1. The Service is provided and made available to You under the Terms by Storytel Sweden AB, a limited liability company incorporated in Sweden with corporate identity number 556696-2865 and corporate address Box 24167, 104 51 Stockholm. To contact us or our customer service department, please send an e-mail to audiobites.india@storytel.com.

15. Miscellaneous
15.1. The Terms shall be governed and construed in accordance with the laws of India, excluding its conflict of laws principles.
15.2. In case of a dispute between Storytel and the User, the parties should first attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute may be referred to the National Consumer Disputes Redressal Commission, Upbhokta Nyay Bhawan, 'F' Block, GPO Complex, INA, New Delhi- 110 023, India, www.ncdrc.nic.in. Otherwise, the dispute shall be settled by the general court of law in India.
15.3. If You are dissatisfied with the Service, the content available on it, or with the Terms, Your sole and exclusive remedy is to discontinue accessing or using the Service.
15.4. To find more information about the Service or if You need assistance with any feature or with Your account please contact audiobites.india@storytel.com.

Last updated 5 February 2020
Storytel Sweden AB
Box 24167, 104 51 Stockholm