Users should read these Terms and Conditions ("Terms", "Terms and Conditions") carefully prior
to using the li.sten.to website ("Service", "ListenTo") operated by Ephovex ("us", "we", "our").
If users ("you", "they") accept this Agreement or use the ListenTo services on behalf of a
company or other legal entity, the user represents and warrants that they have the authority to
bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and
“Customer” will refer and apply to that company or other legal entity.
You acknowledge and agree that, by creating a ListenTo account, by purchasing a Subscription
plan, or by accessing and/or using the ListenTo services, you are indicating that you have
read, understood and agreed to these terms and conditions. If you do not agree to ListenTo
terms and conditions, you have no right to access and/or use the ListenTo services.
User access to and use of ListenTo is conditioned on your acceptance and compliance with our
Terms. These Terms apply to all visitors, users and all other entities who access or use
ListenTo. Users affirm that they are at least 18-years-old and are legally capable of entering
into binding contracts by using ListenTo services. If you are under 18-years-old, you affirm
that you have received permission from your parents or guardians and that your parents or
guardians have agreed to be bound by these Terms on your behalf.
The action of accessing or using the Service warrants that you have agreed to be bound by these
Terms. If you disagree with any part of the terms then you are instructed not to access to use
ListenTo allows users to post, store, create links, share and make available information, text,
graphics, videos, or any other material ("Content"). Users are responsible for the Content that
they post to ListenTo, including responsibility for its legality, reliability, and appropriate
Through the action of posting Content to our Service, you as a user grant us the right and
license to utilize, make minor changes to, publicly perform/display, reproduce, and distribute
your Content on and through ListenTo. Users maintain any and all of their rights to the Content
they submit, post or display on or through ListenTo and they are solely responsible for
protecting these rights. You agree that the right and license includes the right for ListenTo
to make your Content accessible to other users of ListenTo who may in turn use your posted
Content- while also being made subject to these Terms.
Users represent and warrant that: (1) the Content you post is your own (owned by you) or you
have the right to use the content in a post and grant Ephovex the rights and license as
outlined in these Terms. (2)The posting of your Content on or through ListenTo does not violate
the privacy rights, publicity rights, copyrights, contract rights or any and all other rights of
any person or entity. You also warrant that: (1) the Content posted will not cause you or us to
breach any law, regulation, rule, code or any and all other legal obligation.(2) the Content
will not or could not be reasonably considered as obscene, inappropriate, defamatory,
disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to
incite racial hatred, discriminatory, blasphemous, in breach of confidence of privacy. (3) the
Content will not be advertising that is unsolicited, undisclosed or unauthorised. (4) The
Content contains no software viruses or any and all other computer codes, files, or programs
designed in such a way as to interrupt, destroy, or limit the functionality of any computer
software, hardware or telecommunications technology. (5). the Content does not discredit,
disesteem or otherwise place Ephovex or ListenTo in bad repute.
You agree to maintain all records needed to demonstrate that your Content does not violate any
of the requirements of this clause and make such records accessible to us if we should
reasonably request it.
Ephovex is not under obligation to regularly monitor the accuracy and or reliability of
user Content posted using the Service. We reserve the right to modify or completely remove any
Content at any time for reasons we deem necessary.
Users acknowledge and agree that all Content made accessibly through the Service will be
publicly accessible information and as such you carry the risks associated with this public
ListenTo has no liability for any Customer product or service that is accessed through or made
use of through the ListenTo Services or any user, customer or Personnel’s use of the Service.
Customers will not make use of ListenTo Services in any way that implies any partnership with,
sponsorship by, or endorsement by ListenTo for the Customer Service. Customers will not suggest
or imply that the Service is the creator of or is otherwise responsible for the views and/or
content of the Customers Service. ListenTo Services will not be used in association with any
Prohibited Content of any kind, or with any activity where the use or failure of the ListenTo
Services could lead to death, bodily harm or injury, property or environmental damage. ListenTo
will not be associated with any Content that could adversely impact or otherwise impose
liability on ListenTo in any manner.
Customer herewith gives ListenTo the irrevocable, permanent, non-exclusive, sublicensable,
transferable, royalty-free,international license, to use, copy, import, exhibit, reproduce,
perform, distribute, create derivative works, alter or modify all URLs and other information
provided by Customer to ListenTo (“Customer Content”) in connection with the delivery,
operation and promotion of the ListenTo Services, creation of ListenTo link metrics and for
any and all other business reasons. ListenTo’s collection, use and distribution of personal
information ListenTo receives from Customer or third parties (including social media networks)
if users register a ListenTo Account with an email address on a domain owned by an
organization, including your employer, we may share your email address and information about
your Account with the Ephovex business and sales team in order to analyse the business’
interest in creation or management of an enterprise account or for other related reasons.
When you create an account with ListenTo, you are required to supply us information that is
accurate, complete, and up to date at all times. Failing to provide us with accurate, complete,
and up to date information constitutes a breach of the Terms; this will possibly result in
immediate termination of your ListenTo account.
You are responsible for keeping your chosen ListenTo password safe, you are also responsible
for safeguarding any activities or actions that are undertaken with your password, whether your
password is with our Service or a third-party service.
You agree not to divulge your ListenTo password to any third party, as well as to take full
responsibility for activities that relate to your account or password. You must tell Ephovex at once if you become aware of any breach of security or unauthorized use of your
You may not select or operate under a username that is the name of another person or entity or
that is not lawfully available for you to use, including but not limited to a name or trademark
that is subject to any rights of another person or entity other than you without appropriate
permission, or a name that is deemed otherwise offensive, obscene, or vulgar.
Customer shall not exceed the number and/or frequency of API calls, link clicks, concurrent URL
shorteners or other access to or use of ListenTo Services in the relevant documentation or as
otherwise provided by ListenTo in an Order Form. If we believe that Customer has attempted to
exceed or circumvent these limitations, we may suspend, delete, or block Customer’s access to
our services. We may monitor Customer’s use of the ListenTo Services, including to ensure
Customer’s compliance with this Agreement.
ListenTo and associated original content (excluding Content provided by users), features and
functionality are and will always be the exclusive property of Ephovex and its licensors.
ListenTo is under the protection of copyright, trademark, and other laws of both Australia and
foreign countries. Ephovex trademarks and trade dress are not to be used in association
with any producst or services without the prior written permission of Ephovex. Nothing
written in these Terms authorizes a transfer of any Intellectual Property rights from Ephovex to you.
Users are allowed to use ListenTo only as allowed by Ephovex. As a user, you are granted a
limited, non-exclusive, rescindable, non-transferable right to use the Service to create,
display, use, play, and download Content as authorised by these Terms.
Our Intellectual Property will not be used in association with a product or service that is not
affiliated with Ephovex or that will in any way bring us in ill repute.
Users will not change the physical or digital copies of any Content they print or download in
any way, and they must not use any illustrations, photographs, video or audio, or any graphics
without including the original accompanying text.
Any opinions, advice, declarations, services, offers, or other information or content expressed
or made available by any other users are those of the respective author or distributors and are
not authored or endorsed by Ephovex.
Links To Other Websites
ListenTo may contain links to third-party websites or services that Ephovex does not own,
operate, or otherwise control.
Ephovex has no control over, and thus assumes no responsibility for, the content, privacy
policies, or practices of any of the third party web sites or services that may be linked
through our Service. You further acknowledge and agree that Ephovex is not responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be the result of or
in connection with the use of or reliance on any such content, goods, or services made available
on or through any of these third party websites or services.
ListenTo only provides links to external websites as a convenience, and the inclusion of such a
link to external websites do not imply our endorsement of those external websites or what may be
accessed on such websites. You acknowledge and accept that when you access other websites on the
Internet through our service, you are doing so at your own risk and responsibility.
We strongly advise you to read all terms and conditions as well as privacy policies of any
third-party web sites or services that you visit.
Ephovex has the ability to terminate or suspend user accounts at once, with no prior
notice or liability, for any reason whatsoever deemed appropriate by us, including without
limitation if users breach these Terms.
If your account is terminated, your right to use ListenTo will immediately end and any active Subscription(s) will be cancelled. If you wish to
terminate your account, you may either discontinue using ListenTo or delete your account.
All provisions of the Terms which by their nature should survive termination will survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability. Deleting or termination of an account does not void the
Terms hereby agreed to.
Ephovex will not be responsible to you or any third party for any claims or damages that
surface from any termination, suspension, or any and all other actions taken by Ephovex in
If applicable law requires Ephovex to provide notice of termination or cancellation, we
may give prior or successive notice by posting it on ListenTo or by sending a communication to
any address (email, mail, or any other address) that is stored for you in our records.
As a condition of access to and use of ListenTo, users agree to recompense us and our
successors and assigns for any and all damage, cost, expense and other liabilities. This
includes but is not limited to any legal fees and/or expenses related to any claim arising out
of or related to your access to and use of ListenTo, any breach of these Terms, and any
applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, termination, or
deletion, and applies to claims which arise both before and after the registration ends.
Limitation Of Liability
Users agree that Ephovex is not responsible or liable for any damages that come about as a
result of using ListenTo or by copying, distributing, or downloading Content from ListenTo.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential
damage. This includes but is not limited to a loss of business, revenue, profits, use, privacy,
data, goodwill or any other economic advantage, however any such losses arise, whether caused by
breach of contract or in tort, even if it has been previously advised that such damage be
Users have the sole responsibility to insure adequate security protection and backup of data
and/or equipment used in connection with their use of ListenTo and they may not make a claim
against us for lost data, re-run time, inaccurate instruction, work delays or lost profits
resulting from Service usage. Users must not assign or otherwise dispose of their account to any
other person or party.
Without limiting the foregoing, in no event will our combined liability to you exceed, in total,
the amount you have paid to us.
Using our Service is done so at your sole risk. ListenTo is provided by us on an "as is" and
"as available" basis. We provide ListenTo with no warranties of any kind, whether express or
implied, including, but not limited to, implied merchantability warrants, appropriate fit for a
specific purpose, non-infringement or course of performance.
Ephovex and its subsidiaries, affiliates, and licensors do not warrant that a) the Service
will function without interruption and will not necessarily be secure or available at any
particular time or location; b) errors or defects in the Service will be corrected; c) ListenTo
is free of all viruses or other harmful components; or d) users use of the Service will produce
a result that meets their requirements.
This disclaimer of liability applies to any and all damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft, destruction, unauthorized
access, or alteration of or use of record in connection with the use or operation of ListenTo,
be it by breach of contract, wrongful behaviour, negligence, or any other cause of action.
Ephovex makes no representations or warranties of any kind, implied or express, regarding
the completeness, exactness, reliability, suitability or availability regarding content
contained on ListenTo for any reasons. Any reliance users place on such information is done
strictly at your own sole risk. We deny any express and or implied warranty representation or
guarantee as to the effectiveness or profitability of the ListenTo. We deny any implied or
express warranty that ListenTo will operate without nterruption or error. Ephovex IS not
liable for the consequences of any interruptions or error in ListenTo operation.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or
limitation of liability for consequential or incidental damages, therefore the limitations above
may not apply to you.
These Terms are governed and construed in accordance with the laws of Sydney, Australia, without
regard to its conflict of law provisions.
Ephovex’s failure to enforce any right or provision of these Terms is not considered a
waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will not be void and will remain
enforceable. These Terms represent the entire agreement between us regarding ListenTo, and
thusly supplant any and all prior agreements that might have been made between us regarding
Ephovex has the right to modify or replace these Terms at any time at our sole discretion.
If we modify or replace these terms, we will try to provide at least 15 days notice before any
new terms take effect.
It is your sole responsibility to regularly check if any changes have been made to these Terms.
If you should find that you do not agree with any of the changes to these Terms, it is your sole
responsibility to terminate your use of ListenTo. Continuing to use ListenTo will be
interpreted as and warrant your acceptance of any changes made in the Terms.
The Customer owns the rights to its data as the data controller; ListenTo acts as the data
processor on the Customer's behalf. Any processing carried out by the service of personal data
and other data provided by the Customer will be done so in accordance with all applicable laws.
The service's processing of personal data for the Customer will only be done in order to
continue providing the Product and will be subject to the Customer's written instructions.
The Customer is required to keep their user logins and passwords to ListenTo a secret from any
unauthorized users or any third parties. The Customer is required to make sure that the personal
data provided by the Customer and used in ListenTo is processed by the Customer in accordance
with all applicable laws. The Customer is required to make sure that the Customer's data
provided in ListenTo, including but not limited to their personal data, does not violate any
third party intellectual property rights and/or any other applicable legislations.
ListenTo is entitled to erase any data that, in our sole discretion, constitutes a breach of
the previously mentioned undertaking by the Customer, if this does happen, the Customer is not
be entitled to any compensation in that respect.
Retargeting Pixel Feature
When users use the Retargeting Pixel Integration feature of ListenTo, they are placing their
Pixel(s) on their profile and therefore become the controller of their Facebook, Google, Bing,
or Twitter data, dependent upon the selected Pixels, and are thereby providing this data to
these third party companies. Using this feature constitutes the users agreement to the
respective company’s terms and an agreement that they are now are in a data controller / data
processor relationship with Facebook Inc and any other applicable third party company.
in these Terms, as necessary for the product to function is stored and processed in The United
States of America and is not stored within the European Union.
ListenTo Paid Subscription Terms and Conditions
Some ListenTo features are billed on a subscription basis ("Subscription(s)"). Users will be
billed in advance on a repeated and periodic basis ("Billing Cycle"). Billing cycles are set on
a monthly basis unless otherwise specified.
At the end of each Billing Cycle, user Subscription(s) will automatically renew under the exact
same conditions unless otherwise canceled by the user or by Ephovex. Users may cancel
their Subscription renewal through their online account management page or by contacting the Ephovex customer support email (email@example.com).
A valid payment method, including credit card, is required to process the payment for your
Subscription. You must provide Ephovex with an accurate and valid payment method.
Submitting such payment information automatically authorizes Ephovex to charge all
Subscription fees sustained through your account to any such payment instruments provided.
If automatic billing fails to occur for any reason, including but not limited to insufficient
funds or incorrect informations, Ephovex will email the user notifying them of the failed payment and prompting
them to update their payment details. Failed Subscription renewal payments will be automatically retried up to 4 times in the 3 weeks following the failed payment, to the payment method saved within the users ListenTo billing settings.
At its sole discretion, Ephovex may decide to offer a free trial Subscription for a
limited period of time ("Free Trial").
Users may be required to enter their accurate and valid billing information in order to sign up
for the Free Trial.
If users do enter their billing information when signing up for the Free Trial, they will not be
charged by Ephovex until the Free Trial has expired. On the last day of the Free Trial
period, unless you cancelled your Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have selected.
Ephovex reserves the right to (i) alter the terms and conditions of the Free Trial offer,
or (ii) cancel such Free Trial offer at any time, and at our sole discretion
Ephovex, in its sole discretion and at any time, may change the Subscription fees for the
any Subscriptions. Any Subscription fee change will come into effect at the end of the
then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees so as to
give you an opportunity to terminate your Subscription prior to any fee changes coming into
Continued use of ListenTo after any Subscription fee change comes into effect constitutes your
agreement to pay the changed Subscription fee amount.
Paid subscription fees are non-refundable except where required by law.
Subscriptions can be cancelled at any time, at no extra cost. Subscriptions can be cancelled online via the Billing Settings of the users ListenTo admin account, or by contacting ListenTo support at firstname.lastname@example.org
If you have any questions about these Terms, please contact us at email@example.com