The following terms and conditions govern all access to and use of the splain.io web applications, and service (together, the “Splain Service”) including all content, services and products available at or through the Splain Service.
The Splain Service is owned and operated by Splain (“Splain”, “we”, “our” or “us”). The Splain Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using the Splain Service. By accessing or using any part of the Splain Service, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Splain Service.
The Splain service allows you to export recordings and transcripts from your account on connected platforms (Zoom, Teams, Workplace and others) to other content platforms (Google drive, Box, Dropbox etc.)
Splain may also, in the future, update current services and/or features or offer new services and/or features to the Splain Service (including, the release of new tools). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
Access to the Splain Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Splain Service at any time without notice.
There is no relationship between Splain and other collaboration and content platforms, other than Splain being a licensee and user of the third party APIs for the purpose of providing the Splain Service.
In order to use the Splain Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
You may install a Splain connector in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).
Splain does not have access to your user name or passwords and so does not store your credentials in the service. Splain does not store any of your recordings or chat content except for the meta data that is used to provide administrative reports.
You are fully responsible for all activities that occur under your Splain Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Splain of any unauthorized uses and users of your Splain Account or any other breaches of security. Splain will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may access and use the Splain Service on any of our subscription plans:
You may only use the Splain Service within the limits of your subscription level. You may upgrade your subscription level. Splain reserves the right to update this terms as we introduce paid plans.
We are the owner or the licensee of all intellectual property rights in the Splain Service and in the material published on it. We grant you: a limited, non-exclusive, revocable licence to make use of the Splain Service (excluding the Website) within the limits of the Subscription level you have purchased; and
This license shall terminate when the Agreement terminates in accordance with clause 12.
The Agreement does not transfer any of Splain’s or any of Splain’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with Splain or Splain’s licensors (as applicable).
All Splain trademarks, service marks, trade names, logos, domain names, and any other features of the Splain brand are the sole property of Splain. Your use of the Splain Service grants you no right or license to reproduce or otherwise use any of Splain’s trademarks, service marks, trade names, logos, domain names or any other features of the Splain brand, whether for commercial or non-commercial use.
The Splain Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page. Your continued use of or access to the Splain Service following the changes to the Agreement constitutes acceptance of those changes.
Splain may terminate the Agreement and suspend your access to all or any part of the Splain Service immediately by contacting you at your email address on record if:
If you wish to terminate the Agreement, you must seize usage of the Splain service.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Splain Service.
To the maximum extent permitted by law, the Splain Service is provided “as is” and “as available”. Splain hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Splain does not warrant that the Splain Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Splain Service at your own discretion and risk.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
In no event will Splain be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.
Our maximum aggregate liability under or in connection with the Agreement shall in all circumstances be limited to the fees paid, if any, by you to Splain in the one (1) year under this Agreement prior to the cause of action.
Splain shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that your use of the Splain Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
You agree to indemnify and hold harmless Splain Inc. and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Splain Service, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Splain and you concerning the provision of the Splain Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email email@example.com.