Ace Technology Terms Of Use
1. Introduction
Please read these Terms of Use (the "Terms") carefully as they govern your use (including access) of Ace Technology's apps, games, and related services, including all our websites and software applications, in conjunction with these Terms (collectively referred to as the "Ace Technology Service") and any content or materials provided through the Ace Technology Service ("Content").
Your use of the Ace Technology Service may be subject to additional terms and conditions provided by Ace Technology. These terms and conditions are incorporated herein into these Terms.
By registering or using the Ace Technology Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Ace Technology Service or access any Content.
Age and Eligibility Requirements
To use the Ace Technology Service and access any Content, you must (1) be 13 years old or older (or the equivalent minimum age in your country), (2) have parental or guardian consent if you are a minor in your country; (3) have the legal capacity to enter into a binding contract with us and not be prohibited from doing so under any applicable laws; and (4) reside in a country where the Service is available. You also agree that all registration information you submit to Ace Technology is true, accurate, and complete, and you agree to keep it that way. If you are a minor in your country, your parent or guardian will need to participate in these Terms on your behalf. You can find more information about the minimum age requirements in the registration process. If you do not meet the minimum age requirement, Ace Technology will not be able to register you as a user.
2. Ace Technology Services Provided by Us
Ace Technology Service Options
We offer various options for Ace Technology services. Some Ace Technology Service options are available for free, while others require payment before access ("Paid Subscription"). We may also offer special promotional packages, memberships, or services, including third-party product and service packages. We are not responsible for products and services provided by those third parties.
Unlimited services may not be available to all users. We will explain which services are available to you when you register for the service. If you cancel your Unlimited Service subscription or if your subscription to Unlimited Service is interrupted (for example, if you change payment details), you may not be able to re-register for Unlimited Service. Please note that Unlimited Services may be discontinued in the future, in which case you will no longer be charged for the Service.
Trial
From time to time, we or others on our behalf may offer a free trial of a Paid Subscription for a specific period without payment or at a discounted price ("Trial"). When using Ace Technology services through a trial, you agree to the Ace Technology promotional offer terms.
Applications, Devices, and Third-Party Open Source Software
Ace Technology Services may be integrated with, or may interact with, third-party applications, websites, and services ("Third-Party Applications") and personal computers, mobile phones, tablets, wearables, and other third-party devices ("Devices"). Your use of such third-party applications and devices may be subject to additional terms, conditions, and policies that the third party applies to you. Ace Technology does not guarantee that third-party applications and devices will be compatible with Ace Technology Services.
Limitations and Modifications of Service
We use reasonable skill and care to maintain the operation of Ace Technology Services and provide you with a personalized, immersive audio experience. However, services and the availability of the services may change over time and comply with applicable laws, without liability to you; for example:
- Ace Technology Services may be temporarily interrupted due to technical difficulties, maintenance, testing, or updates, including necessary interruptions to reflect changes in laws and regulatory requirements.
- Our goal is to continuously develop and improve the Services, and we may modify, suspend, or discontinue (permanently or temporarily) any part of the Ace Technology Services (including functionality, features, subscription packages, and specific promotional packages).
- Ace Technology is not obligated to provide any specific content through Ace Technology Services, and Ace Technology or the appropriate rights holders may remove audiobooks and other content without notice.
If you pay Ace Technology directly for a Paid Subscription that Ace Technology no longer continues before the end of the prepaid term (that term is defined in the Payment and Cancellation section below), Ace Technology will refund you the prepaid fees for any unused portion of that Paid Subscription after such discontinuation. Your account and billing information must be up to date for us to refund you.
Ace Technology is not responsible to you and has no obligation to refund you related to loss of internet or other services or incidents occurring due to the actions of government authorities, third parties, or events beyond our control.
3. You Use Ace Technology Services
Create a Ace Technology Account
You may need to create a Ace Technology account to use all or part of the Ace Technology Services. Your username and password are for personal use only and should be kept confidential. You understand that you are responsible for all activities (including any unauthorized use) that occur under your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe your account has been accessed without authorization.
Ace Technology may revoke or request you to change your username for any reason.
Your Rights to Use Ace Technology Services
Access to Ace Technology Services: Subject to your compliance with these Terms (including any applicable terms and conditions), we grant you a limited, non-exclusive, revocable license to use Ace Technology Services and Content (collectively referred to as "Access"). This Access will remain in effect unless you or Ace Technology terminate it and until you terminate your Access. You agree not to redistribute or transfer Ace Technology Services or Content.
Ace Technology software applications and Content are licensed, not sold or transferred to you, and Ace Technology and its licensors retain ownership of all copies of Ace Technology software applications and Content even after installation on your device.
Ace Technology’s Exclusive Ownership Rights: Ace Technology Services and Content are the property of Ace Technology or Ace Technology's licensors. All trademarks, service marks, trade names, logos, domain names, and any other branding characteristics of Ace Technology (the "Ace Technology Branding Characteristics") are the exclusive property of Ace Technology or its licensors. These Terms do not grant you any rights to use any Ace Technology Branding Characteristics for any commercial or non-commercial purposes.
You agree to comply with Ace Technology's Usage Guidelines and not to use Ace Technology Services, Content, or any part of these terms in any way that is not explicitly permitted.
Payments and Cancellations
Payments: You may purchase a paid Subscription directly from Ace Technology or through a third party by:
- Paying in advance for the monthly subscription fee or some other periodic interval disclosed to you before the purchase; or
- Paying in advance grants you access to Ace Technology Services for a specific period ("Prepaid Period").
The tax rate is based on the information you provide and the applicable rate at the time of your monthly billing. If you purchase access to a paid Subscription through a third party, separate terms and conditions with that third party may apply to your use of Ace Technology Services in addition to these Terms. If you purchase a paid Subscription using a code, gift card, prepaid offer, or other offers provided or sold by or on behalf of Ace Technology to access the paid Subscription ("Code"), you agree to the Ace Technology Card Terms.
Price Changes and Taxes: Over time, Ace Technology may change the price for paid Subscriptions, including recurring subscription fees, Prepaid Period (for unpaid periods), or Codes (as defined above), and will notify you of any price changes with reasonable notice. Price changes will take effect at the beginning of the next subscription service period following the date of the price change. In accordance with applicable law, your continued use of Ace Technology Services after the price change becomes effective means you accept the new price. If you do not agree to the price change, you can decline the change by canceling the applicable paid Subscription before the price change takes effect.
The tax rate is based on the applicable price at the time of your monthly billing. These amounts may change over time based on local tax requirements in your country, state, territory, or even city. Any changes in tax rates will be automatically applied based on the account information you provide.
Renewals and Cancellations: Except for paid Subscriptions for a Prepaid Period, your payment to Ace Technology or the third party through which you purchased the paid Subscription will automatically renew at the end of the current subscription term, unless you cancel the paid Subscription before the end of the current subscription term. Please contact our Customer Service team for instructions on how to cancel. The cancellation will take effect on the day after the last day of the current subscription term, and you will be downgraded to the free version of Ace Technology Services. We do not provide refunds or credits for any partial subscription terms, unless stated otherwise in these Terms.
If you purchased a paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there are insufficient prepaid funds to pay for Ace Technology Services.
Right of Withdrawal: If you subscribe to a Trial, you agree that the right to withdraw from the paid Subscription through which you received the Trial will end fourteen (14) days after you begin the Trial. If you do not cancel the paid Subscription before the Trial ends, you will lose your right to withdraw and authorize Ace Technology to automatically charge you monthly until you cancel the paid Subscription. For trials shorter than fourteen (14) days, you explicitly agree to allow us to provide you with paid services immediately after your Trial ends, and from that moment, you lose your right to withdraw.
If you purchase a paid Subscription without a Trial, you agree that you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided until you notify us that you have changed your mind. You explicitly agree to allow us to provide services to you immediately after purchase, that you lose your right to withdraw, and authorize Ace Technology to automatically charge you monthly until you cancel.
4. Issues and Disputes
Suspension and Termination of Ace Technology Services
These Terms will continue to apply to you until you or Ace Technology terminates usage. Ace Technology may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to Ace Technology Services at any time if we believe that you have violated any of these Terms, if we cease to provide Ace Technology Services or any significant component of the service upon reasonable notice to you, or because we believe it is necessary to comply with applicable law. If you or Ace Technology terminate these Terms or if Ace Technology suspends your access to Ace Technology Services, you agree that Ace Technology will, to the extent permitted by applicable law, have no legal liability or responsibility to you, and (unless expressly stated otherwise in these Terms) Ace Technology will not refund any amounts you have paid. You may terminate these Terms at any time, in which case you cannot continue to access or use Ace Technology Services. To find out how to terminate your Ace Technology account, please use the Customer Support resources.
Disclaimer of Warranty
Ace Technology will provide Ace Technology Services using reasonable care and skill and in accordance with any specifications for Ace Technology Services provided by Ace Technology; however, accordingly, Ace Technology Services are provided "as is" and "as available" without any form of warranty, whether express, implied, or statutory. In addition, Ace Technology and all content owners disclaim all express, implied, and statutory warranties regarding the content, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Ace Technology and any content owners do not warrant that Ace Technology Services or the content are free of malware or other harmful components. Furthermore, Ace Technology does not represent or warrant and will not be liable for any third-party applications (or the content of those applications), user content, devices, or any products or services advertised, promoted, or offered by third parties on or through Ace Technology Services or any linked websites, and Ace Technology is not responsible for any transactions between you and any third-party providers thereon. No advice or information, whether oral or written, obtained by you from Ace Technology shall create any warranty on behalf of Ace Technology. While using Ace Technology Services, you may have access to features that filter adult content; however, the use of these features may still result in some adult content being served, and you should not rely on these features to filter all adult content. This section applies to the fullest extent permitted by applicable law.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on the rights of consumers under current law, so the exclusions and limitations in this section may not apply to you and do not affect your statutory rights.
Third-Party Rights
You acknowledge and agree that content owners and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Except as expressly provided in this section, these Terms are not intended to confer any rights on anyone other than you and Ace Technology, and in no event shall these Terms create any third-party beneficiary rights.
If you downloaded any of our mobile software applications (each application collectively referred to as "Application") from Apple Inc. ("Apple") App Store or if you are using the application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are solely between you and Ace Technology, not with Apple, and Apple is not responsible for Ace Technology Services and the content of these Terms. Apple has no obligation to provide any maintenance and support services in relation to Ace Technology Services. In the event that Ace Technology Services do not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the Application applicable to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Ace Technology Services. Apple is not responsible for addressing any claims you or any third party may have relating to Ace Technology Services or your possession or use of Ace Technology Services, including: (1) product liability claims; (2) any claim that Ace Technology Services fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims related to infringement of intellectual property rights. Apple shall not be responsible for the investigation, defense, settlement, and discharge of any third-party claims that Ace Technology Services or your possession and use of the application infringes the intellectual property rights of that third party. You agree to comply with all applicable third-party terms when using Ace Technology Services. Apple and its subsidiaries are third-party beneficiaries of these Terms and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Indemnification
You agree to indemnify and hold Ace Technology harmless from any direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) incurred or suffered by Ace Technology arising from or related to: (1) your violation of any of these Terms (including any additional terms and conditions incorporated herein); (2) user content that you post or contribute in any other way; (3) any activities you engage in through Ace Technology Services; and (4) your violation of any laws or the rights of any third parties.
5. Introduction to These Terms
Under applicable law, you may have certain rights that cannot be limited by contract. These terms are not intended to limit those rights.
Changes
We may change these Terms (including any additional terms and conditions incorporated herein) from time to time by notifying you of such changes in any reasonable manner (prior to their taking effect), including posting the amended Agreement on the current Ace Technology Services (provided that for significant changes, we will seek to supplement that notice via email, pop-up notifications in the service, or other means). Any such changes will not apply to any disputes between you and us arising before the date we post the amended Terms or any other terms and conditions of Ace Technology, incorporating these changes or notifying you of such changes. Your use of Ace Technology Services after any changes to these Terms will constitute your acceptance of those changes. If you do not wish to continue using Ace Technology Services under the updated Terms, you may terminate your account by contacting us. The effective date specified at the beginning of this document indicates when these Terms were last changed.
Severability and Waiver
Unless otherwise provided in these Terms, if any provision of these Terms is deemed invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision will be enforced to the fullest extent permitted by law. Ace Technology or any third-party beneficiary’s failure to enforce these Terms or any provision thereof will not waive the right of Ace Technology or that third-party beneficiary to enforce such right in the future.
Assignment
Ace Technology may assign any or all of these Terms and may delegate or subcontract, in whole or in part, any rights or obligations under these Terms. You may not assign these Terms, in whole or in part, or transfer or sublicense your rights under these Terms to any third party.