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Terms of service


1. Welcome to BeyondWords

Thanks for your interest in our audio services (our “Services”)! By using our Services, you agree to these terms (the “Agreement”). If you do not agree to the Agreement, please do not use our Services. Please read the Agreement carefully and keep a copy for your records. As used in the Agreement, “you” means the individual or entity using our Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we”, “us” or “BeyondWords” means Lstn Ltd (company number 10451644), and the “Parties” means you and BeyondWords. Our registered office is at: 32 Sackville Street, London, England, W1S 3EA.

2. Access to our Services; BeyondWords Accounts

Your use of our Services is subject to your creation and our approval of a BeyondWords account (an “Account”). We have the right to refuse or limit your access to our Services. By applying to create an Account and by accessing and using our Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. You permit us to serve audio content to your websites, websites, mobile applications, media players, mobile content and/or other properties approved by us (each a “Property”). In addition, you grant us the right to access, index and cache analytics generated from this audio content.

3. Using our Services

You may only use our Services as permitted by this Agreement and any applicable laws. It is important to us that our customers use our Services in a responsible way. So, you may not misuse our Services. This includes accessing, storing, distributing or transmitting viruses or any material during you use our Services that:

  • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • facilitates illegal activity;
  • promotes unlawful violence;
  • is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
  • is otherwise illegal or causes damage or injury to any person or property.

We reserve the right, without liability or prejudice to our other rights, to disable your access to and remove any material that we consider breaches these requirements.

Equally, you shall not:

  • except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties and except to the extent expressly permitted under this Agreement: (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of our Services in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our Services;
  • access all or any part of our Services in order to build a product or service which competes with our Services;
  • use our Services to provide services to third parties;
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make our Services available to any third party;
  • attempt to obtain, or assist third parties in obtaining, access to our Services, other than via authorised logins through the interface, and in accordance with the instructions that we provide; or
  • introduce or permit the introduction of any virus into our network and information systems.

You may, of course, discontinue your use of all or any part our Services at any time by removing the relevant code from your Properties. You may use our Services in conjunction with the services of third-party advert and analytics providers (“3P Services”). If you do so, you: (i) agree that BeyondWords accepts no responsibility for the 3P Services or their compatibility with the Services; (ii) agree that you are solely responsible for complying with any terms and conditions of the 3P Services Provider; and (iii) will indemnify BeyondWords against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Ad Services.

4. Changes to our Services; Changes to the Agreement

We are constantly changing and improving our Services. We may add or remove functionalities or features of our Services at any time, and we may suspend or stop a Service altogether. We may modify the Agreement including the amount of the Fees (as defined in Section 5 (‘Fees and Payment Terms’) at any time. We will post any modifications to the Agreement on this page. Changes will not apply retroactively and will become effective 14 days after they are posted, except changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you must stop using the affected Services.

5. Fees and Payment Terms

The fees for our Services from time to time (“Fees”) are shown on our website here: https://dash.BeyondWords.io/auth/signup . Fees are shown shown shown exclusive of VAT, which will be added to invoices as appropriate. You agree to pay us the Fees accordance with this Section 5. When you create an Account, you will provide us with up-to-date credit or debit card details and you authorise us to bill that credit or debit card in the amounts and at the intervals stated on our website. If we are unable to bill you successfully, we may contact you to resolve the issue and we reserve the right, without liability, to suspend your access to our Services until the issue is resolved. All Fees are payable in pounds sterling unless otherwise agreed by BeyondWords. If you dispute any payment made or withheld relating to the Fees, you must notify us in writing within 30 days of any such payment. If you do not, you waive any claim relating to the disputed payment. If an advertiser whose Ads are displayed on any Property defaults on payment to us, we may withhold payment to you or charge back your Account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.

6. Taxes

You are responsible for all taxes (if any) associated with our Services, other than taxes based on our net income.

7. Intellectual Property; Brand Features

Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. If we provide you with access to software in connection with our Services, we grant you a limited, non-exclusive, non-sublicensable licence during the term of the Agreement for use of such software. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Services, in the manner permitted by the Agreement. You will not remove, obscure or alter BeyondWords’s copyright notice or other proprietary rights notices affixed to or contained within any BeyondWords services, software or documentation. We may revoke the licence in this Section 7 at any time.

8. Content

As a BeyondWords account holder you may submit Content. You agree that whether or not Content is published, BeyondWords does not guarantee any confidentiality with respect to Content. “Content” means (i) the text and audio inputs and (ii) the text and audio outputs you access or generate through our Services. You retain all of your ownership rights in your Content, but you are required to grant a licence to us and other users of our Services. This licence is described in Section 9 of the Agreement (‘Rights you licence’). You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it and that your Content must comply with the terms of the Agreement (including, in particular, Section 3 of the Agreement (‘Using our Services’)). We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. You represent and warrant that you have (and will continue to have during your use of our Services) all necessary licences, rights, consents, and permissions which are required to enable us to use your Content for the purposes of the provision of our Services to you, and otherwise to use your Content in the manner contemplated by our Services and the Agreement. You agree that Content you submit to our Services will not contain any third-party copyright material, or material that is subject to other third party proprietary or other rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rights owner, or are otherwise legally entitled, to post the material in question and to grant us the licence referred to in Section 9 (‘Rights you licence’) below. On becoming aware of any potential violation of the Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in the Agreement and may remove such Content and/or terminate your access for uploading Content which is in violation of the Agreement at any time, without prior notice and at our sole discretion. You further acknowledge that in using our Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such Content.

9. Rights you licence

When you upload or post Content to our Services, you grant:

  • to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of our Services and otherwise in connection with our business, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels;
  • to each user of our Services, a worldwide, non-exclusive, royalty-free licence to access your Content through our Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of our Services and under the Agreement.

The above licenses granted by you in Content terminate when you remove or delete your Content from our Services. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, set out in Section 8 (‘Content’) above.

10. Data Protection and Privacy Policy

You agree to the provisions of the data processing agreement (“DPA”) contained at www.[●].io. For the purposes of the DPA, we are the “Company” and you are the “Customer”.

11. Confidentiality

You will not disclose BeyondWords Confidential Information without our prior written consent. “BeyondWords Confidential Information” includes: (a) all BeyondWords software, technology and documentation relating to our Services; (b) impressions or other statistics relating to Property performance as pertaining to our Services; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by BeyondWords that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. BeyondWords Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you or that was given to you by a third party without breaching any obligation of confidentiality to us.

12. Termination

You may terminate the Agreement at any time by completing the account cancellation process. Your termination will take effect at the end of the period in respect of which you have most recently paid us Fees. We may at any time terminate the Agreement in whole or in part by giving you written notice. If we terminate the Agreement in whole or in part, without prejudice to our other rights and remedies, you (i) will not be permitted to create a new Account and (ii) may not be permitted to monetise content on other BeyondWords products or services.

13. Indemnity

You agree to indemnify and defend us, and our affiliates, agents and advertisers, from and against any and all third-party claims and liabilities arising out of or related to:

  • the Properties, including any content served on the Properties that is not provided by us;
  • your use of our Services
  • your breach of any provision of the Agreement.

14. Representations; Warranties; Disclaimers

You represent and warrant that:

  • you have full power and authority to enter into the Agreement (including if you are entering the Agreement on behalf of an entity);
  • you are the owner of, or are legally authorised to act on behalf of the owner of, each Property;
  • you are the technical and editorial decision maker in relation to each Property on which our Services are implemented and that you have control over the way in which our Services are implemented on each Property;
  • we have never previously terminated, suspended or otherwise disabled an Account created by you or your affiliates;
  • entering into or performing under the Agreement (including using our Services) will not violate any agreement you have with a third party or any third-party rights;
  • all of the information provided by you to us is correct and current
  • you will use reasonable care and skill in complying with your obligations under the Agreement.

Other than as expressly set out in the Agreement, we do not make any promises about our Services, including any promises about the content within our Services, the specific function of our Services, or their profitability, reliability, availability or ability to meet your needs. No conditions, warranties or other terms apply to any of our Services or to any other services supplied by BeyondWords under the Agreement unless expressly set out in the Agreement.

15. Limitation of Liability

Nothing in the Agreement excludes or limits either party’s liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) anything which cannot be excluded or limited by law. Neither party shall have any liability (whether in contract, tort (including negligence) or otherwise) under or in connection with the Agreement for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise). Neither party’s aggregate liability (whether in contract, tort (including negligence) or otherwise) under or in connection with the Agreement shall exceed 100% of the net amount paid or payable by you to us in the 12-month period immediately preceding the earliest date on which such liability arises.

16. Miscellaneous

Waiver. No failure or delay by either party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights and remedies. . Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

Entire agreement. . The Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes any and all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter. You acknowledge that in entering into the Agreement you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

Assignment.You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Agreement.

No partnership or agency.. Nothing in the Agreement is intended to or shall operate to create a partnership or fiduciary relationship between the Parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Governing law and jurisdiction.. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

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