Marketplace Terms of Service Agreement
By using the service provided by Audio Flashcards ("the App"), you agree to the following terms and conditions:
Submission of Collections: Users have the option to submit collections, both paid and free, for inclusion within the App. By submitting a collection, whether paid or free, you acknowledge and agree to abide by the terms outlined in this agreement. Submission is not a guarantee of publication; publication will be at the discretion of the App.
Revenue Sharing: When a paid collection is sold within the App, revenue generated from the sale will be shared between the user and the App according to the following terms:
- The user will receive payment when their earnings reach the payment threshold of $100 USD, payment will be issued at the end of the month.
- The App will deduct a processing/compliance fee of 15% from the user's earnings to cover associated costs.
- Additionally, Apple may deduct between 15-30% (a minimum of 15%) of the total revenue generated through the App, as per their policies.
In order to receive payment, users must ensure compliance with all Know Your Customer (KYC) compliance obligations. Failure to comply with KYC requirements will result in non-payment of funds.
Refunds and Chargebacks: Users acknowledge and understand that refunds and chargebacks for purchases made within the app are subject to the policies of the app store provider (e.g., Apple App Store, Google Play Store). Users agree to abide by these policies and understand that the app may facilitate refunds and handle chargebacks in accordance with these policies.
Copyright Infringement: Users acknowledge and agree that the app respects intellectual property rights and will respond promptly to any copyright infringement claims. Users agree not to submit infringing content and understand that the app reserves the right to remove infringing content and take appropriate action against repeat infringers, including account suspension or termination.
Third-Party Links and Content: Users understand that the app may contain links to third-party websites or services and that the app is not responsible for the content or actions of these third parties. Users access third-party services at their own risk and should review the terms of service and privacy policies of these services before using them.
Content Ownership and Licensing: Users retain ownership of the content they submit for sale within the App. However, by submitting a collection, users grant the App a non-exclusive license to use, modify, and distribute the content for the purpose of selling it within the App.
Requests for Removal of Content: Requests for removal of content can be made by emailing [email protected]. Upon such request, the App will cease selling the collection, while retaining the right to keep and sell its own copy or derivative of the content for archival and business purposes.
Prohibited Content: Users are prohibited from submitting content that violates any laws or third-party rights, including copyright, trademark, privacy, or publicity rights. The App reserves the right to remove any content that violates these terms without prior notice.
Account Termination: The App reserves the right to suspend or terminate user accounts that violate these terms of service, without prior notice or liability.
Payment Processing: Users acknowledge that payment processing services are provided by third-party payment processors, and agree to comply with their terms and conditions. The App is not responsible for any issues or disputes related to payment processing.
Taxes: Users are responsible for any taxes or fees associated with their earnings from the sale of collections within the App. The App will not withhold taxes on behalf of users.
Changes to Terms: The App reserves the right to modify these terms of service at any time. Users will be notified of any changes via email or in-app notification. It is the user's responsibility to review and stay up to date with the current terms of service. Continued use of the service after the notification of changes constitutes acceptance of the modified terms.
Governing Law and Jurisdiction: These terms of service shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Australia.
User Conduct and Responsibilities: Users agree to use the app responsibly and in accordance with applicable laws and regulations. Prohibited actions include but are not limited to spamming, hacking, distributing malware, or engaging in any activity that disrupts or interferes with the operation of the app.
Disclaimer of Warranties: Users acknowledge and agree that the app is provided "as is" and without warranties of any kind, whether express or implied. The app makes no guarantees regarding the availability, reliability, or accuracy of the app or its content. Users use the app at their own risk.
Limitation of Liability: To the maximum extent permitted by law, the app and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of the app or its content, even if advised of the possibility of such damages.
Termination of Service: The app reserves the right to terminate or suspend access to the service for any reason, including violations of these terms of service or changes in business operations. Users will be notified of account termination and may appeal such decisions through a designated process.
Survival Clause: Certain provisions of these terms of service, including those related to intellectual property rights, indemnification, and dispute resolution, shall survive termination.
By using the service provided by the App, you agree to all the terms and conditions outlined in this agreement and also agree to all general terms and conditions outlined in Terms and Conditions and Privacy Policy.