Terms of Service

Last updated on April 15, 2024. These Terms and Conditions are effective immediately for users accessing or using the Website and/or Service on or after April 15, 2024.

Epiphany™ is a mobile application that allows you to easily record and send voice notes (the “App”) provided by The Iteration LLC (“Epiphany”, we or us), an Arkansas limited liability company. The following Terms and Conditions (“Terms”) govern your ability to use and access any content, functionality and services offered through the App or through our website, www.epiphanyvoice.io (the “Site”) whether as a viewer of the Site or a registered user of the App providing voice recording and transmittal services (“Services”).

Please read these Terms carefully before using this site. These Terms governs your access to and use of the Site and App. The site is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the site.

From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.

PLEASE READ THE TERMS CAREFULLY. THROUGH USE OF THE SITE OR SERVICES MEANS YOU ACKNOWLEDGE AND REPRESENT THAT 1) YOU HAVE READ THESE TERMS, 2) UNDERSTAND THEM, AND 3) AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 13 YEARS OLD.

BY ACCESSING, USING OR MERELY BROWSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS.

EPIPHANY ONLINE SERVICES

EPIPHANY™ is a mobile application that provides the following Services to Users:

• All technology, data, information, programs, materials and other Content that we make accessible to you as a User of the App;

• Any other services that we may provide to you.

The Services do not include User Content - your data, information, content, audio or other materials or information of any type that you upload to the App or otherwise provide to us. User Content is discussed more below.

Epiphany reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the App with or without notice; limit the App’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the App; modify and/or waive any fees charged in connection with the App; and/or offer opportunities to some or all users of the App. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the App, in whole or in part, or of any service, software, submission, feature, product or other Content offered through the App. You agree that these Terms will apply to any changes or updates to the Services. Epiphany will notify you of any change to the Services that reduces its functionality or features in any material respect or if it discontinues any Service and is not replaced by a substantially equivalent function or feature. If Epiphany has notified you under this section, you may terminate the affected Services upon providing notice to Epiphany.

Nothing in this section limits Epiphany’s ability to discontinue any Service or to make changes as required to comply with applicable law, address a material security risk, or avoid a substantial economic or technical burden. Accounts

Visitors may access the Site without registering for an account or downloading the App, but the features of the App and Services may require an account with Epiphany (“Account”) and downloading the App.

A “User” is someone who accesses or in any way uses the App and/or the Services.

Username and Password

General access to the Site does not require an account or logging into the App, but using the App may require an account. These Terms govern use of all portions of the App, regardless of registration.

User access of the App will require you to use a username and password. You may be required to choose a password or change your password. Remember your username and password, and do not share your username or password with anyone. Your username and password will identify you to us when you return to our App. If you forget your username or password, you may not be able to access certain portions of the App. You are solely responsible to maintain the confidentiality of your username and password and for all activities when a user is logged into the App by your username and password.

You agree to immediately notify Epiphany of any unauthorized use of your username and password or any other security breach and ensure that you log out of the App at the end of each session. Epiphany will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.

Epiphany reserves the right to restrict, suspend, or terminate access to the App for any username and password combination (each, an "Account") because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the site at contact@epiphanyvoice.io.

Subscriptions

Some parts of the Services are charged on a subscription basis ("Subscriptions"). All charges for the Subscriptions are payable in advance on a monthly basis. Depending on your billing zip code, relevant state or local taxes may be added to your subscription price. If you are located outside the United States, the amount you pay for your Subscription may vary based on exchange rates or other considerations, and the price to be charged will be displayed before your purchase is finalized.

Automatic Renewal. At the end of each month, your Subscription will automatically renew unless it is canceled by either you or Epiphany. Other than where expressly provided in these Terms, all Subscription fees are non-refundable.

License and Ownership; Access to App

Any and all intellectual property rights (“Intellectual Property”) associated with the App and its contents (other than User Content), including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Epiphany, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the App are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the App are trademarks, service marks or trade dress (“Marks”) of Epiphany, its affiliates or other entities that have granted Epiphany the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Epiphany. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the App in any way without the prior written permission of Epiphany or the appropriate third party. Except as expressly provided herein, Epiphany does not grant to you any express or implied rights to our or any third party's Intellectual Property.

User Content remains the property of the User. However, we need limited rights from you to operate the App. By submitting User Content, you grant Epiphany, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from your User Content submitted by you to the App to the extent necessary to operate the App and to provide the services provided by the App, now and in the future. You also grant Epiphany, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use User Content in aggregate (anonymized) form for internal business purposes.

Further, to the extent you have an active Account, we do not have an obligation to maintain your Content in perpetuity.

By providing User Content, you represent and warrant that you own and control all of the rights to the User Content, information and data that you provide to us or you otherwise have the lawful right to post and distribute that User Content, information and data to or through the App and the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

We grant you a limited, revocable, non-exclusive, license to access the App and to view, copy and print the portions of the Content available to you on the App. Such license is subject to these Terms specifically conditioned upon the following:

· you may only view such portions of the Content for your own non-commercial use;

· you may not modify or otherwise make derivative works of the App or the Content or reproduce, distribute or display the App or any Content except at permitted within these Terms;

· you may not remove any trademark, copyright or other proprietary notices placed on Content;

· you may not use data mining, robots or similar data gathering or extraction methods; and

· you may not use the App or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that your use of the App and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

You will indemnify, defend and hold harmless Epiphany, its affiliates, successors, and assigns, including the applicable officers, directors, employees, and agents thereof for damages, costs and attorneys’ fees Epiphany incurs from any unaffiliated third-party claim arising from your User Content or your use of the Services.

Our Right to Monitor, Edit, and Remove Content. We don't have an obligation to monitor your use of the Services or to review any User Content, but we have the right to monitor, remove, edit, and block User Content or Accounts for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We have the absolute discretion and reserve the right, at any time and without prior notice, to remove or disable access to any User Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services. We do not have any responsibility or liability for your User Content or for any loss or damage your User Content may cause to you or to other people.

General Restrictions on Use

You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the App or Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the App or Services. Except as expressly stated in these Terms, no part of the App or Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the App or Services shall be subject to these Terms.

You agree not to use the App or Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

In addition to other restrictions set forth in these Terms, you agree that:

· You shall not disguise the origin of information transmitted through the App or place false or misleading information on the App.

· You will not use or access any service, information, application or software available via the App in a manner not expressly permitted by Epiphany.

· You will not input or upload to the App any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the App or information.

· You may not use or access the App in any way that, in Epiphany's judgment, adversely affects the performance or function of the App or interferes with the ability of authorized parties to access the App.

· You will use the App for lawful purposes only and will not submit or transmit through the App any material or engage in conduct that (1) violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets, (2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party, (3) impersonates any person, including Epiphany and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network, (4) is harmful or attempting to harm minors in any way, or (5) violates these Terms, the Privacy Policy, or any other policy of Epiphany.

Notification of Infringement. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice Accounts of those determined to be "repeat infringers." If you are a copyright owner or an agent thereof, and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C. § 512(c)(3) or consult your own legal counsel to confirm these requirements):

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon removing any allegedly infringing material, we will notify the alleged infringer of such takedown.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Designated Copyright Agent. You can contact our Copyright Agent via email at dmca@epiphanyvoice.io or by mail at Copyright Agent, c/o The Iteration, LLC 210 S Thompson St, Ste 6 #566, Springdale, AR 72764.

TERM AND TERMINATION

These Terms will become effective and binding when you use the App or Service, or when you voluntarily register for an Account (whichever occurs first). We reserve the right to terminate your Account, and your access to the App and the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.

We may suspend your access to the Services if you have failed to pay any Fees within sixty (60) days after the relevant due date. If we suspend your use of the Services pursuant to our rights in these Terms, we will continue to charge you Fees during the suspension period and you must pay any outstanding Fees prior to us resuming the provision of the Services. We will only resume the provision of the Services once you have cured to our reasonable satisfaction the matter that caused the suspension.

You may terminate the Services at any time by written notice. If you choose to terminate these Terms, you will not be entitled to any credits or refunds as a result of such termination.

Upon termination of your account, you shall immediately cease use of all Services. You acknowledge and agree that following termination of your account, Epiphany shall have the right to maintain one copy of user data, User Content for archival purposes and compliance with state and federal law. Upon request by you made before or within thirty (30) days of the termination of your account, Epiphany will make available to you the most recent version of historical customer usage data in a format at the discretion of Epiphany. Epiphany shall have no obligation to maintain or provide any User Content and shall, unless legally prohibited, delete in such a manner as prevents recovery through normal means, all User Content in its systems or otherwise in its possession or under its control.

DISCLAIMER OF WARRANTIES

EPIPHANY MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

EPIPHANY MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION CONTAINED ON THE SITE AND APP IS ACCURATE AND UP TO DATE. NEVERTHELESS, YOU MUST EVALUATE THE INFORMATION AND CONTENT OF THE SITE. YOUR USE AND BROWSING OF THE SITE IS EXCLUSIVELY AT YOUR OWN RISK AND THE THE SITE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EPIPHANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. EPIPHANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABLENESS, COMPLETENESS, SECURITY, TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE, OR IF YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY EPIPHANY IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT EPIPHANY IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, EPIPHANY IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIPHANY, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPIPHANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EPIPHANY IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES. EPIPHANY IS NOT RESPONSIBLE FOR WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL EPIPHANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE APP, THE CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

Compliance with Law

You agree to use the App in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Epiphany, negatively reflect on the goodwill or reputation of Epiphany and shall take no actions which would cause Epiphany to be in violation of any laws, rulings or regulations applicable to Epiphany.

Governing Law; Venue

These Terms has been made in, and will be construed and enforced in accordance with the laws of, the State of Arkansas without regard to its principles of conflicts of laws. You and Epiphany consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder. You and Epiphany agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. The parties each agree to waive their separate rights to a trial by jury.

Electronic Communications; Feedback

When you send e-mail to Epiphany, you are communicating electronically and Epiphany will communicate with you by e-mail. We may also communicate by posting notices on the App or through push notifications. You agree that all notices, disclosures, and other communications that Epiphany makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this App.

We always appreciate your feedback and other suggestions about our Services and the App. You agree that we may use any feedback, suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), without any restriction, acknowledgment, or compensation paid to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the App and/or Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. We are under no obligation to keep your Feedback confidential.

General

You may not assign your account or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

AMENDMENTS

As stated above, we may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our App. Changes will be effective immediately for new users of our App or Services. If you object to any such changes, we ask that you cease using the App and the Services. By continuing to use the website after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications. For this reason, we encourage you to review the Terms whenever you use the App or Services.

If you have any questions or concerns regarding the Terms of Use, please contact us at contact@epiphanyvoice.io.