TERMS OF USE

Last updated October 1, 2024

Table of Contents

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and EzSum Inc. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://ezsum.me website, including any related media forms, channels, mobile websites, or mobile applications (collectively, the “Site”). We are registered in Spain and provide our services under the commercial name EzSum. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of such changes. You are encouraged to review these Terms of Use periodically to ensure you understand which terms apply at the time of your use. Continued use of the Site after any such changes shall constitute your acknowledgment and acceptance of the modified Terms of Use.

The information provided on the Site is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement within such jurisdiction or country. Users accessing the Site from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (such as General Data Protection Regulation (GDPR), or industry-specific privacy laws like the Health Insurance Portability and Accountability Act (HIPAA)). If your interactions with the Site would be subject to such regulations, you may not use this Site.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. They are protected by intellectual property laws, including copyright, trademark, and unfair competition laws of the European Union and international conventions. The Content and Marks are provided on the Site “AS IS” for your personal, non-commercial use only.

Except as expressly provided in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the Site, Content, and Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register on the Site. You agree to keep your password confidential and are responsible for all activities conducted through your account and password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

By registering, you ensure that all the information provided is true, accurate, current, and complete. Should any changes occur, it is your responsibility to update such information to ensure accuracy.

5. FEES AND PAYMENT

We accept the following forms of payment:

Some services on the Site may require a payment or subscription fee. By using these services, you agree to provide current, complete, and accurate payment information. This includes updating details such as email address, payment method, and payment card expiration date, allowing us to complete transactions and contact you as needed.

We will bill you through an online billing system for purchases made on the Site. Taxes, where applicable, will be added to the price in accordance with EU VAT regulations. All payments will be made in euros (€) unless specified otherwise.

You agree to pay all charges or fees at the prices in effect at the time of purchase, and authorize us to charge your payment provider for any such amounts. If your purchase is subject to recurring charges (e.g., subscription services), you consent to automatic billing on a recurring basis without requiring prior approval for each charge, until you notify us of cancellation.

We reserve the right to correct any errors in pricing, even after payment has been requested or received. We also reserve the right to refuse any order placed through the Site.

6. FREE PLAN

We offer a free plan that allows users to upload and summarize up to 4 files per month. This limit resets at the beginning of each calendar month.

There is no charge for this free plan, and you will not be automatically charged unless you choose to upgrade to a paid package. If you decide to upgrade, the applicable package fees will apply according to the plan you select.

If you reach the limit of 4 files before the end of the month, you can either wait until the following month for the limit to reset or upgrade to a paid plan to access additional summaries.

7. CANCELLATION

All purchases and subscriptions are non-refundable. You may cancel your subscription at any time by logging into your account. The cancellation will be effective at the end of the current paid term.

If you are unsatisfied with our services or have any issues, please contact us at [email protected]. We will do our best to assist you, although refunds or partial refunds are not guaranteed.

8. PROHIBITED ACTIVITIES

You agree to use the Site only for the purposes we have authorized and in accordance with applicable EU laws and regulations. As a user of the Site, you agree not to:

9. USER-GENERATED CONTRIBUTIONS

The Site allows users to upload documents such as PDFs for summarization. By submitting content through the Site, including but not limited to text, images, comments, or other materials (collectively, “Contributions“), you represent and warrant that:

Any use of the Site in violation of these representations may result in the suspension or termination of your right to use the Site.

10. CONTRIBUTION LICENSE

By submitting Contributions through the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, display, distribute, and reproduce your Contributions solely for the purposes of providing and improving our services. You retain full ownership of your Contributions and any associated intellectual property rights.

We will handle any personal data submitted through Contributions in accordance with our Privacy Policy and the applicable data protection laws, including the General Data Protection Regulation (GDPR). You can manage your data and request the removal of any personal data in compliance with our Privacy Policy.

By submitting feedback or suggestions regarding the Site, you agree that we may use such feedback for any purpose, including improving the Site, without any compensation to you.

11. SOCIAL MEDIA

The Site may allow you to link your account with third-party social media accounts (each, a “Third-Party Account“) for purposes such as facilitating registration or sharing content. By linking a Third-Party Account, you represent and warrant that:

We are not responsible for any Social Network Content provided through your Third-Party Account, and we make no effort to review such content for accuracy or legality. Your relationship with third-party service providers is governed solely by your agreement with them. If a Third-Party Account becomes unavailable, or if access is terminated by the provider, your Social Network Content may no longer be available on our Site.

You may disable the connection between your Site account and your Third-Party Account at any time through your account settings or by contacting us at [email protected]. Upon disconnection, we will delete any data obtained from the Third-Party Account, except for your username and profile picture, which may remain linked to your account.

Please note: The integration of Third-Party Accounts is governed by the privacy policies and terms of service of the respective providers. We encourage you to review those policies and terms to understand how your data is managed by third-party services.

12. SUBMISSIONS

By submitting any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions“) to us, you acknowledge and agree that such Submissions are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive any moral rights to such Submissions and warrant that any Submissions provided are your original work or that you have the necessary rights to submit such Submissions. You further agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights related to your Submissions.

13. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

14. PRIVACY POLICY

We care about your data privacy and security. Please review our Privacy Policy for more information on how we collect, store, and process your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy laws in the European Union.

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you access the Site from outside the European Economic Area (EEA), please be aware that your information may be transferred to, stored, and processed in accordance with EU data protection laws. By continuing to use the Site, you consent to such transfer and processing.

15. TERM AND TERMINATION

These Terms of Use will remain in effect while you use the Site. We reserve the right, in our sole discretion and without notice, to deny access to and use of the Site to any person for any reason, including, without limitation, a breach of these Terms of Use or applicable law.

If we terminate or suspend your account for any reason, you are prohibited from creating a new account under your name, a false name, or the name of any third party, even if you are acting on behalf of the third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion, without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

You agree that we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will always be available or that it will be free from interruptions. There may be instances of maintenance, hardware or software issues, or other problems that result in downtime or errors on the Site. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any such downtime.

17. GOVERNING LAW

These Terms of Use and your use of the Site will be governed by and construed in accordance with the laws of Spain and the European Union, without regard to conflict of law principles. Any disputes arising under these Terms of Use or in relation to the use of the Site will be subject to the jurisdiction of the courts of Madrid, Spain, or the competent courts of the user´s place of residence within the European Union, in accordance with applicable consumer protection regulations.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each, a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating legal proceedings or arbitration. Informal negotiations shall commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be resolved by binding arbitration, except for those Disputes expressly excluded below. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.

Arbitration shall be conducted in accordance with the arbitration rules of the Court of Arbitration of the Madrid Chamber of Commerce, or other applicable arbitration institution within the EU, as agreed by both Parties. The arbitration will take place in Madrid, Spain, and will be conducted in Spanish or another mutually agreed-upon language. The arbitration process may be conducted in person, via submission of documents, over the phone, or online. The arbitrator´s decision will be binding and may be enforced in any competent court.

19. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.