Last Updated: 21st Jun, 2023
Terms of Service
Effective From: 21st Jun, 2023
INTRODUCTION
This Terms of Service Agreement (“Agreement”) governs customer’s (“Customer”, “You”, “Your”) acquisition and use of services made available by Commix Media Inc, a Delaware corporation, (“Company”, “We”, “Us” or “Our”) at https://dubdub.ai/ and its subdomains (collectively, “Site”) and related apps (“App”), including, but not limited, free trails, limited releases, paid services, subscription-based services, enterprise services and/or any other service made available by Company that indicate the applicability of this Agreement. Company is entering into this Agreement on behalf of itself and its Affiliates (as defined below). [A.1] [SSM2] Please read the contents of this document carefully before using Company’s services.
By undertaking any of the following actions, You demonstrate that You have read and agree to this Agreement: (1) by signing up for a free trial, (2) by signing up for a paid service, (3) by using the website or service, or (4) by ticking a box indicating acceptance of this Agreement, or (5) by creating an account on the Site or App. You further indicate that You have read, understood, and agree to the Privacy Policy, as updated from time to time. The latest version of the Privacy Policy can be accessed at [https://app.dubdub.ai/terms~~please add a link of privacy policy~~].
This Agreement is effective between Customer and Company as of the date on which Customer accepts this Agreement.
1. DEFINITIONS
1.1. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2. “Agreement” means this Terms of Service and includes the Privacy Policy, and any other additional terms and conditions as may be agreed upon by the parties prior to the provision of additional services by Company.
1.3. “Confidential Information” means and includes all non-public and/or private information disclosed by the Disclosing Party to the Receiving Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data. Confidential Information of Company includes non-public aspects of the, software or documentation related to the Services, Company’s technical know-how, inventions, materials, product development plans, pricing under this Agreement, and marketing plans. Confidential Information of each Party includes non-public aspects of business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. Notwithstanding anything to the contrary above, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third Party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
1.4. “Customer”, “You”, or “Your” means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates).
1.5. “Customer Data” means electronic data and information submitted by or for Customer to the Services, or collected by Company on the behalf of Customer. Customer Data includes but is not limited to, video uploaded by Customer, output provided by the Company, and voice samples provided by Customer to Company to provide Services.
1.6. “Disclosing Party” means the party that discloses Confidential Information to the other Party.
1.7. “Force Majeure Event” means an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Services. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labor problems; natural disaster; floods; fires; earthquakes; epidemic; pandemic; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other similar causes beyond the control of Customer or Company in the performance of this Agreement.
1.8. “Free Service(s)” means Services that Company makes available to Customer at no cost, including but not limited to services provided for evaluation purposes without a fee.
1.9. “Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including but not limited to, viruses, worms, time bombs, and Trojan horses.
1.10. “Purchased Services” means Services that Customer or Customer’s Affiliate purchases, as distinguished from Free Services.
1.11. “Receiving Party” means the party that received Confidential Information from the other Party.
1.12. “Services” means all products and services that are availed by Customer or provided to Customer by Company.