Terms and Conditions

Effective Date: 30 April 2025

1. Introduction and Acceptance of Terms

Welcome! These Terms of Service (“Terms”) govern your access to and use of the ListenToAnything service, including the website located at https://listentoanything.com (the “Site”), and any related software, applications, or services provided by Algernon Innovations (PTY) LTD (collectively, the “Service” or “ListenToAnything”).

Please read these Terms carefully before using the Service. By accessing or using the Service, creating an account, or clicking “I Agree” (or similar button or checkbox), you confirm that:

  • You are at least 18 years old and have the legal capacity to enter into binding contracts under the laws of the Republic of South Africa;
  • You agree to be legally bound by these Terms and our Privacy Policy, available at https://algernoninnovations.com/privacy, which is incorporated herein by reference.

If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding electronic agreement between you and Algernon Innovations (PTY) LTD in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

2. ECTA Section 43 Information

As required by Section 43 of ECTA, the following information pertains to the provider of the ListenToAnything Service:

  • Full name and legal status: Algernon Innovations (PTY) LTD, a private company duly registered in the Republic of South Africa.
  • Registration number: 2024/823399/07
  • Physical address for receipt of legal service: 8 Woodlands Road, Rondebosch, Cape Townt, South Africa, 7700.
  • Main business address: 8 Woodlands Road, Rondebosch, Cape Townt, South Africa, 7700
  • Website address for the Service: https://listentoanything.com
  • Company Website address: https://algernoninnovations.com
  • Official email address: hi@algernoninnovations.com
  • Membership of any self-regulatory or accreditation bodies: NONE
  • Code of conduct subscribed to: NONE
  • Office bearers: Boyd Robert Kane, CEO
  • Description of the main characteristics of the Service (ListenToAnything): An online subscription service that uses Artificial Intelligence to convert user-submitted text content into downloadable narrated audio files.
  • Full price of the Service: Subscription fees for ListenToAnything are detailed on the Site (https://listentoanything.com) and presented before purchase, inclusive of VAT where applicable.
  • Manner of payment: Electronic payment via designated payment processors as indicated on the Site.
  • Terms of agreement: Contained herein (these Terms of Service), accessible at https://algernoninnovations.com/terms.
  • Time within which services will be rendered: Access to the ListenToAnything Service is typically granted immediately upon successful registration and payment confirmation. Audio generation times may vary.
  • Record of the transaction: Available within your user account portal on the Site or upon request via email to hi@algernoninnovations.com.
  • Return, exchange, and refund policy: Governed by Section 11 (Payment, Fees, and Subscriptions) below and applicable provisions of the Consumer Protection Act 68 of 2008 (“CPA”).
  • Alternative dispute resolution: See Section 18 (Governing Law & Dispute Resolution) below.
  • Security procedures for payment: Algernon Innovations utilizes third-party payment processors employing industry-standard security measures (e.g., SSL/TLS encryption).
  • Privacy policy: Available at https://algernoninnovations.com/privacy.
  • Cooling-off period: See Section 11.5 below regarding potential ECTA cooling-off rights.

You have the right to review the full transaction details before proceeding and may withdraw from the transaction at any time before final confirmation.

3. Definitions

In these Terms, the following definitions apply:

  • "Account" means the user account created to access and use the Service.
  • "AI Voice" means the proprietary or licensed Artificial Intelligence voice model(s) used by the Service to generate audio narrations.
  • "Algernon Innovations", "Company", "We," "us," or "our" means Algernon Innovations (PTY) LTD (Registration No. 2024/823399/07), the South African company providing the ListenToAnything Service.
  • "Audio Output" or "Generated Audio" means the AI-narrated audio file(s) created by the ListenToAnything Service from User Content.
  • "CPA" means the Consumer Protection Act 68 of 2008, as amended.
  • "ECTA" means the Electronic Communications and Transactions Act 25 of 2002, as amended.
  • "Intellectual Property Rights" means all rights in patents, designs, copyright, trademarks, trade secrets, know-how, database rights, domain names, and any other intellectual property rights, whether registered or unregistered, existing anywhere in the world.
  • "ListenToAnything" or "Service" means the service provided by Algernon Innovations, including the website at https://listentoanything.com, the text-to-audio conversion functionality, generated Audio Output, and all related software, applications, and services.
  • "ListenToAnything IP" means the ListenToAnything Service itself, the Site, software, applications, text, graphics, logos, documentation, algorithms, look and feel, AI Voice, and all underlying technology and Intellectual Property Rights therein, owned by or licensed to Algernon Innovations.
  • "POPIA" means the Protection of Personal Information Act 4 of 2013, as amended.
  • "Site" means the website for the ListenToAnything Service located at https://listentoanything.com.
  • "Subscription" means a recurring payment plan granting access to specified features or usage levels of the ListenToAnything Service.
  • "Terms" means these Terms of Service.
  • "User", "You", or "your" means the individual or entity accessing or using the ListenToAnything Service.
  • "User Content" means any text, article, blog post, document, URL pointing to text content, or other written material submitted, linked, uploaded, or otherwise provided by you to the ListenToAnything Service for conversion into Audio Output.

4. The ListenToAnything Service

The ListenToAnything Service allows registered users, typically via a Subscription, to submit User Content (e.g., by providing URLs or uploading text) which is then processed using Artificial Intelligence to generate an Audio Output (narrated audio version). Users can typically download this Audio Output for personal listening, subject to the license terms herein.

Algernon Innovations reserves the right to modify, update, suspend, or discontinue any part of the ListenToAnything Service at its sole discretion. For material changes adversely affecting your rights under an active Subscription, we will endeavour to provide reasonable notice (e.g., 30 days via email or on the Site). Algernon Innovations shall not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period, subject always to your statutory rights under the CPA regarding service delivery and any specific uptime commitments made within your Subscription plan.

5. User Accounts

To access most features of the ListenToAnything Service, you must register for an Account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your Account information to keep it accurate, current, and complete.
  • Maintain the security and confidentiality of your Account password.
  • Accept full responsibility for all activities that occur under your Account, whether or not authorized by you.
  • Notify Algernon Innovations immediately at hi@algernoninnovations.com of any suspected or actual unauthorized use of your Account or any other breach of security related to the Service.

Algernon Innovations reserves the right to suspend or terminate your Account if any information provided is inaccurate, false, or incomplete, or if you breach these Terms.

6. User Content: Ownership, License Grant, and Responsibilities

  1. Ownership of User Content: You retain full ownership of the original underlying rights (including Intellectual Property Rights) in the User Content you submit to the Service. Algernon Innovations does not claim ownership over your User Content.
  2. License Grant to Algernon Innovations: By submitting User Content to the ListenToAnything Service, you grant Algernon Innovations a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to access, use, host, store, cache, reproduce, adapt, modify (solely for technical purposes like formatting or improving conversion quality), convert (into Audio Output), communicate, and distribute such User Content solely for the purposes of:
    • Operating and providing the ListenToAnything Service to you;
    • Improving, optimizing, and developing the ListenToAnything Service (e.g., training AI models on anonymized or aggregated data derived from User Content, subject always to our Privacy Policy and POPIA);
    • Enforcing these Terms and preventing prohibited activities.
    This license ends when your User Content is deleted from our systems, either by you or by us according to our data retention policies outlined in the Privacy Policy, except that Algernon Innovations may retain anonymized or aggregated data for service improvement indefinitely, and may retain archival copies as required by law or for legitimate business purposes (like dispute resolution), subject always to POPIA.
  3. Responsibility for User Content: You are solely responsible for your User Content, including its legality, accuracy, reliability, and appropriateness. You represent and warrant unequivocally that:
    • You are the sole owner of the User Content OR you have obtained all necessary rights, licenses, consents, and permissions from the rightful owner(s) (including copyright holders and any individuals whose personal information may be included in the User Content) to submit the User Content to the Service, grant the license described above, permit its conversion into Audio Output, and use the resulting Audio Output as permitted by these Terms.
    • Your User Content and Algernon Innovations' use of it as permitted by these Terms does not and will not infringe, misappropriate, or violate any third party's Intellectual Property Rights, rights of publicity or privacy, or any other proprietary rights.
    • Your User Content does not and will not violate any applicable South African or international law, regulation, or code of conduct.
    • Your User Content is free from any viruses, malware, worms, or other harmful code.
    • You have verified that submitting the User Content to the Service does not violate any terms of service, contractual restrictions, or access controls (like paywalls) associated with the source of the User Content.
  4. Monitoring and Removal: Algernon Innovations has the right, but not the obligation, to monitor User Content submitted to the Service. We reserve the right to remove or disable access to any User Content at any time and without prior notice, at our sole discretion, if we reasonably believe it violates these Terms, infringes any third-party rights, violates applicable law, or is otherwise harmful or objectionable.

7. Acceptable Use and Prohibited Conduct

You agree to use the ListenToAnything Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation (including, without limitation, laws regarding copyright, data protection (POPIA), defamation, hate speech, or child protection).
  • To process, generate, transmit, or store any User Content or Audio Output that:
    • Is infringing, unlawful, defamatory, harassing, abusive, fraudulent, obscene, hateful, discriminatory, threatening, or promotes violence or illegal acts.
    • Contains or promotes child pornography or exploits, harms, or attempts to exploit or harm minors in any way.
    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party, which you do not have the rights to use.
    • Violates the privacy rights of others or processes personal information in contravention of POPIA.
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Algernon Innovations or users of the Service or expose them to liability.
  • To attempt to circumvent any paywall, access control, technical protection measures, or usage limits associated with the Service or the source User Content.
  • To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the ListenToAnything Service or the AI Voice, except to the extent that applicable law expressly permits such activity.
  • To use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, beyond the intended mechanisms like downloading generated Audio Output via provided links or feeds.
  • To interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • To attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks connected to the Service.
  • To remove, obscure, or alter any proprietary notices or labels on the Service or Audio Output.

Violation of these acceptable use provisions may result in immediate suspension or termination of your Account and access to the Service, and potentially legal action.

8. Intellectual Property Rights: Service and Audio Output

  1. Algernon Innovations' Ownership: The ListenToAnything Service and all associated ListenToAnything IP (as defined in Section 3), including the AI Voice, are and will remain the exclusive property of Algernon Innovations (PTY) LTD and its licensors. These Terms grant you no right, title, or interest in or to the Service or ListenToAnything IP, except for the limited licenses expressly granted herein. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material or technology, except as permitted by the Service's functionality or these Terms. The Algernon Innovations and ListenToAnything names and logos are trademarks of Algernon Innovations (PTY) LTD, and may not be used without our prior written consent.
  2. Ownership of Generated Audio: You acknowledge that while you retain ownership of your original User Content, the specific sound recording constituting the Generated Audio, including the unique expression and performance embodied by the AI Voice, is a derivative work created by the Service. The copyright and any other Intellectual Property Rights in this Generated Audio (the sound recording itself) are owned exclusively by Algernon Innovations (PTY) LTD or its licensors.
  3. License to Use Generated Audio: Subject to your full compliance with these Terms (including the Acceptable Use policy and payment of applicable Subscription fees), Algernon Innovations grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and listen to the Generated Audio strictly for your own personal, non-commercial use.
  4. Restrictions on Use of Generated Audio: This license expressly **prohibits** you from:
    • Redistributing, broadcasting, publicly performing, publishing, sharing (except potentially via private links if offered by the Service for personal sharing), selling, renting, leasing, loaning, or sublicensing the Generated Audio to any third party.
    • Using the Generated Audio for any commercial purpose whatsoever, including but not limited to incorporating it into advertisements, products for sale, commercial presentations, business training materials (unless explicitly permitted under a specific enterprise license, if offered), or for any direct or indirect financial gain.
    • Creating derivative works based on the Generated Audio (e.g., remixing, sampling, using it as a basis for voice cloning).
    • Using the Generated Audio in any way that is unlawful, defamatory, obscene, or infringes on the rights of Algernon Innovations or any third party.
    • Removing, obscuring, or altering any copyright notices, watermarks (audible or inaudible), or metadata embedded in or associated with the Generated Audio.
    • Using the Generated Audio in association with any User Content that violates the Prohibited Conduct outlined in Section 7.
    Any use of the Generated Audio beyond the scope of this limited personal license is a material breach of these Terms and constitutes an infringement of Algernon Innovations' (or its licensors') Intellectual Property Rights, for which we reserve all rights and remedies.

9. Copyright Infringement and ECTA Takedown Procedure

Algernon Innovations respects the intellectual property rights of others and expects its users to do the same. We will respond expeditiously to valid notices of alleged copyright infringement that comply with the requirements of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

If you are a copyright owner, or authorized to act on behalf of one, and you believe that User Content submitted to or Generated Audio available via the ListenToAnything Service infringes your copyrights, please submit a takedown notification pursuant to ECTA Section 77 to our designated copyright agent via email at hi@algernoninnovations.com (Subject Line: ECTA Takedown Notice). Your notification must include substantially the following information:

  • Your full name and address.
  • Your written or electronic signature (or that of your authorized agent).
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Algernon Innovations to locate the material (e.g., the URL of the User Content source, or details about the specific Generated Audio if possible).
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury (or an equivalent confirmation under South African law), that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Your contact information (address, telephone number, and email address).

Upon receipt of a valid takedown notice, Algernon Innovations will:

  • Act expeditiously to remove or disable access to the allegedly infringing material.
  • Take reasonable steps to notify the user who submitted the User Content ("Affected User") that we have removed or disabled access to the material.

Counter-Notice: If the Affected User believes that the material was removed or disabled as a result of mistake or misidentification, they may send a counter-notice to hi@algernoninnovations.com complying with the requirements of ECTA Section 77(2). Algernon Innovations will handle counter-notices in accordance with ECTA procedures.

Repeat Infringers: Algernon Innovations reserves the right to terminate the accounts of users who are determined to be repeat infringers.

10. Privacy and Data Protection (POPIA)

Our collection, use, processing, and protection of your personal information, including any personal information contained within User Content, is governed by our Privacy Policy, available at https://algernoninnovations.com/privacy. By using the ListenToAnything Service, you consent to the practices described in the Privacy Policy.

Key POPIA Compliance points include:

  • Algernon Innovations (PTY) LTD is the "Responsible Party" under POPIA. Our Information Officer can be contacted via hi@algernoninnovations.com (Subject: POPIA Information Officer Query).
  • We collect and process personal information lawfully, fairly, and for specified, explicit purposes related to providing and improving the Service, managing accounts, processing payments, and complying with legal obligations.
  • We implement reasonable technical and organizational measures to secure personal information against unauthorized access, loss, or damage.
  • We respect your rights under POPIA, including the right to access, correct, or request deletion of your personal information, subject to legal limitations. Procedures are outlined in the Privacy Policy.
  • User Content may be temporarily stored or cached as necessary to provide the Service. Retention periods for personal information and User Content are detailed in the Privacy Policy and adhere to POPIA's principles of data minimization and purpose limitation.
  • Cross-border transfers of personal information, if necessary (e.g., through use of international hosting providers), are conducted in compliance with POPIA requirements for adequate protection.

You warrant that if you submit User Content containing personal information of third parties, you have obtained their valid consent as required by POPIA for such processing by Algernon Innovations via the Service.

11. Payment, Fees, and Subscriptions (CPA Compliant)

  1. Fees and Payment: Access to certain features or usage levels of the ListenToAnything Service requires payment of Subscription fees. All applicable fees will be clearly disclosed to you on the Site (https://listentoanything.com) before you complete a purchase or Subscription enrolment. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) as specified in your selected Subscription plan. All prices quoted are inclusive of Value-Added Tax (VAT) where applicable. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You authorize Algernon Innovations (or our third-party payment processor) to charge your designated payment method for the total amount of your Subscription, including any applicable taxes.
  2. Fixed-Term Agreements: Subscription periods constitute fixed-term agreements under the CPA. No Subscription term will automatically lock you in for longer than 24 months unless you expressly agree to such a longer term AND Algernon Innovations can demonstrate a verifiable financial benefit to you for agreeing to the longer term.
  3. Automatic Renewals: UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL TERM (E.g., MONTHLY OR ANNUALLY). By subscribing, you authorize us to charge the applicable Subscription fee for the renewal term to your designated payment method. In compliance with CPA Regulation 44, if your fixed-term Subscription is subject to automatic renewal, Algernon Innovations will send you a written notification (e.g., via email) of the impending expiry date and any material changes to the Subscription terms (including price changes) **not less than 40 (forty) business days and not more than 80 (eighty) business days** before the expiry date of the current term. This notice will clearly state the renewal date, the applicable fees, any changes to the terms, and your right and method to cancel the Subscription before it renews.
  4. Cancellation: You may cancel your Subscription at any time through your Account settings on the Site or by contacting us at hi@algernoninnovations.com. Cancellations will typically take effect at the end of the current paid billing period. You will continue to have access to the Service until the end of your current billing period. Except as required by law (e.g., under the cooling-off period or CPA remedies), Subscription fees are generally non-refundable. If you cancel a fixed-term Subscription before its expiry date, Algernon Innovations may charge a reasonable cancellation penalty as permitted under CPA Section 14(3)(b)(i), taking into account the value of services already provided, the duration initially agreed, and the notice period. Where pro-rata refunds are legally required or offered by us (e.g., under specific circumstances outlined in CPA Sections 54-56 related to service quality), they will be calculated fairly and processed within 15 business days of the cancellation being finalized.
  5. Cooling-Off Period (ECTA Section 44): If you are a consumer subscribing to the Service electronically for the first time, you may have a statutory 7-day cooling-off period under ECTA Section 44, starting from the date the Subscription agreement is concluded. During this period, you may cancel the Subscription without reason or penalty. However, if you expressly consent to the Service commencing before the end of the 7-day period and acknowledge that you will lose your right to cancel once the Service has been fully performed (or substantially commenced with your agreement), this cooling-off right may not apply or may be pro-rated. We will provide clear information regarding the applicability and implications of the cooling-off period during the sign-up process. To exercise the cooling-off right if applicable, notify us in writing within 7 days at hi@algernoninnovations.com.
  6. Fee Changes: Algernon Innovations reserves the right to change Subscription fees upon providing you with reasonable prior notice (at least 30 days, or as per the renewal notice timelines in clause 11.3 for existing subscribers). Fee changes will apply to subsequent billing cycles after the notice period. Your continued use of the Service after a fee change constitutes your agreement to pay the modified fee.
  7. Payment Failures: Failure to make timely payments may result in the suspension or termination of your access to the paid features of the Service.

12. Disclaimers of Warranties

SUBJECT TO YOUR NON-EXCLUDABLE STATUTORY RIGHTS UNDER THE CONSUMER PROTECTION ACT 68 OF 2008 ("CPA"), THE LISTEN TO ANYTHING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, ALGERNON INNOVATIONS (PTY) LTD AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

ALGERNON INNOVATIONS DOES NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR-FREE;
  • THE RESULTS OBTAINED FROM THE USE OF THE SERVICE (INCLUDING THE ACCURACY, QUALITY, TONE, INFLECTION, PRONUNCIATION, EMOTIONAL CONVEYANCE, OR RELIABILITY OF THE GENERATED AUDIO) WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE;
  • THE AI VOICE OR THE ALGORITHMS USED WILL BE FREE FROM BIASES, ARTIFACTS, ERRORS, OR UNINTENDED OUTPUTS;
  • ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; OR
  • THE GENERATED AUDIO WILL COMPLY WITH THE CONTENT GUIDELINES, TECHNICAL REQUIREMENTS, OR POLICIES OF ANY THIRD-PARTY PLATFORMS (E.G., PODCAST DIRECTORIES, SOCIAL MEDIA SITES).

YOU ACKNOWLEDGE THAT THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE, WHICH IS A PROBABILISTIC TECHNOLOGY AND MAY PRODUCE UNEXPECTED, INACCURATE, OR SUBOPTIMAL RESULTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY USER CONTENT OR GENERATED AUDIO.

CPA Consumer Guarantees: Notwithstanding the above disclaimers, nothing in these Terms is intended to exclude, restrict, or modify any rights or guarantees you may have as a consumer under the CPA, including the implied warranty of quality (Section 55) and your rights to safe, good quality services, and remedies for failure (Section 56), to the extent they apply to the ListenToAnything Service and cannot be lawfully excluded or limited.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, INCLUDING THE CONSUMER PROTECTION ACT 68 OF 2008 (“CPA”), IN NO EVENT SHALL ALGERNON INNOVATIONS (PTY) LTD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE LISTEN TO ANYTHING SERVICE;
  • ANY CONDUCT OR CONTENT (INCLUDING USER CONTENT OR GENERATED AUDIO) OF ANY THIRD PARTY OBTAINED THROUGH OR RELATING TO THE SERVICE;
  • ANY USER CONTENT SUBMITTED TO THE SERVICE OR GENERATED AUDIO PRODUCED BY THE SERVICE;
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, ACCOUNT INFORMATION, OR TRANSMISSIONS; OR
  • ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ALGERNON INNOVATIONS (PTY) LTD AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EXCEED THE GREATER OF:

  • THE TOTAL AMOUNT OF FEES PAID BY YOU TO ALGERNON INNOVATIONS FOR THE LISTEN TO ANYTHING SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR
  • ONE THOUSAND SOUTH AFRICAN RAND (ZAR 1,000.00).

Exclusions from Limitation: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY ARISING FROM:

  • DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY ALGERNON INNOVATIONS' GROSS NEGLIGENCE;
  • ALGERNON INNOVATIONS' FRAUDULENT MISREPRESENTATION OR WILFUL MISCONDUCT;
  • ALGERNON INNOVATIONS' GROSS NEGLIGENCE IN CONNECTION WITH THE PROVISION OF THE SERVICE, TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER CPA SECTIONS 51(1)(c) AND 61; OR
  • ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE SOUTH AFRICAN LAW.

These limitations apply regardless of the legal theory on which the claim is based (whether contract, delict/tort, statute, strict liability, or otherwise), even if Algernon Innovations has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless Algernon Innovations (PTY) LTD, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees calculated on an attorney-and-client scale) arising out of or relating to:

  • Your violation of these Terms;
  • Your use of the ListenToAnything Service, including, but not limited to, any use of the Generated Audio other than as expressly authorized in these Terms;
  • Your User Content, including any claim that your User Content infringes or violates the Intellectual Property Rights, privacy rights, or other rights of any third party or violates any applicable law;
  • Your violation of any applicable laws or regulations.

15. Termination

  1. Termination by You: You may terminate your Account and stop using the Service at any time by following the instructions on the Site or contacting us at hi@algernoninnovations.com. Termination is subject to the cancellation terms applicable to your Subscription (see Section 11.4).
  2. Termination by Algernon Innovations: We may suspend or terminate your Account and access to the Service, at our sole discretion, effective immediately and without prior notice, if:
    • You commit a material breach of these Terms (including, but not limited to, non-payment of fees, violation of acceptable use or intellectual property provisions, or breach of warranties regarding User Content);
    • Your use of the Service poses a security risk to us or other users, or could subject us to liability;
    • You engage in fraudulent, abusive, or illegal activity;
    • We are required to do so by law; or
    • We decide to discontinue the Service generally (in which case we will endeavour to provide reasonable notice and potential pro-rata refunds for prepaid, unused Subscription periods).
    For non-material breaches, we may provide you with notice and an opportunity to cure the breach before termination, at our discretion.
  3. Effect of Termination: Upon termination of your Account for any reason:
    • Your right to access and use the Service will immediately cease.
    • You must cease all use of any Generated Audio obtained through the Service.
    • Algernon Innovations may delete your Account information and User Content in accordance with our Privacy Policy and data retention procedures, although some data may be retained as required by law or for legitimate business purposes (e.g., transactional records, anonymized usage data).
    • Any fees paid are generally non-refundable, except as expressly provided in these Terms or required by law. Any outstanding fees owed to Algernon Innovations become immediately due and payable.
  4. Survival: The following sections will survive any termination or expiration of these Terms: Section 3 (Definitions), Section 6.1 (Ownership of User Content), Section 6.3 (Responsibility for User Content & Warranties), Section 8 (Intellectual Property Rights), Section 10 (Privacy - ongoing obligations), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15.3 (Effect of Termination), Section 15.4 (Survival), Section 18 (Governing Law & Dispute Resolution), and Section 19 (Miscellaneous).

16. Changes to Terms

Algernon Innovations reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (as determined by us in good faith), we will provide at least 30 days' notice prior to the new terms taking effect. Notice may be provided by posting the updated Terms on the Site (https://algernoninnovations.com/terms) and/or by sending an email to the address associated with your Account.

By continuing to access or use the ListenToAnything Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Service and terminate your Account before the changes take effect.

It is your responsibility to review these Terms periodically for changes.

17. Electronic Communications

By using the Service or communicating with us electronically (e.g., via email or the Site), you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, as permitted under ECTA.

You have the right to withdraw your consent to receive electronic communications, but doing so may necessitate the termination of your Account or limit your ability to use the Service.

18. Governing Law and Dispute Resolution

  1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice or conflict of law provision or rule.
  2. Negotiation: The parties agree to first attempt to negotiate any dispute (except those disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration or court proceedings. Such informal negotiations commence upon written notice from one party to the other.
  3. Consumer Complaints (CPA): Nothing in this section prevents you, as a consumer, from referring any dispute arising under these Terms to the National Consumer Commission or the National Consumer Tribunal, or any other body established under the CPA for resolving consumer disputes.
  4. Arbitration: If the parties are unable to resolve a dispute through informal negotiations or consumer protection channels, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Cape Town, South Africa, before a single arbitrator. The arbitration shall be administered by the Arbitration Foundation of Southern Africa (“AFSA”) pursuant to its prevailing Rules for Commercial Arbitration. The language of the arbitration shall be English. The arbitrator's award shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  5. Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in negotiation or arbitration. Furthermore, matters falling within the jurisdiction of a Small Claims Court may be brought in that court.
  6. Jurisdiction: Subject to the arbitration clause and consumer protection rights, the parties irrevocably agree that the High Court of South Africa, Gauteng Local Division, Johannesburg (or division with relevant jurisdiction) shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) that is not resolved by arbitration.

19. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy (https://algernoninnovations.com/privacy) and any specific Subscription terms you agree to, constitute the entire agreement between you and Algernon Innovations (PTY) LTD regarding the ListenToAnything Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
  • Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  • Waiver: No waiver by Algernon Innovations of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Algernon Innovations to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by a duly authorized representative of Algernon Innovations.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Algernon Innovations may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction or notice to you (e.g., in connection with a merger, acquisition, sale of assets, or by operation of law).
  • Relationship of the Parties: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Algernon Innovations.
  • Notices: Any notices or other communications required or permitted hereunder will be in writing and given by Algernon Innovations via email (to the address associated with your Account), or by posting on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to Algernon Innovations should be sent to hi@algernoninnovations.com.
  • Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Information

If you have any questions about these Terms of Service, please contact Algernon Innovations (PTY) LTD at:

Email: hi@algernoninnovations.com

Website Contact Form: https://algernoninnovations.com/contact

Physical Address for Correspondence: 8 Woodlands Road, Rondebosch, Cape Town, South Africa, 7700