Pacct — Terms of Service
Effective date: 27 August 2026
Last updated: 27 August 2026
1. Who we are, and what this is
Pacct is operated by LGHTHSE Solutions GmbH, a Swiss limited liability company in the process of incorporation, with its seat at Blegistrasse 9, 6340 Baar, Switzerland ("Pacct", "we", "us", "our"). Until its registration in the commercial register is complete, its founders act on its behalf, and the company takes over these Terms on registration.
These Terms of Service (the "Terms") are a binding agreement between you and us and govern your access to and use of the Pacct website at pacct.ai, the Pacct application at app.pacct.ai, and all related features, content and services (together, the "Service").
Our Privacy Policy explains what we do with your personal data, including your voice recordings, and forms part of these Terms.
We offer the Service worldwide, and we run it from Switzerland. These Terms are written to work wherever you are. Annex A at the end contains additional terms that apply to consumers in particular countries; where Annex A says something different from the body of these Terms, Annex A wins for people it covers, and nothing in these Terms takes away a right your local law gives you and does not let you sign away.
2. Accepting these Terms
By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" means both you and that organization.
3. Eligibility
3.1 Age. You must be at least 18 years old to use the Service, wherever you are. Some countries set a lower age at which a young person may agree to online services on their own; we do not rely on any of them. The Service is not directed to children, and we do not knowingly allow anyone under 18 to create an account.
3.2 Sanctions and export control. You must not be located in, or ordinarily resident in, a country or territory subject to comprehensive trade sanctions, and you must not be a person with whom dealings are prohibited under applicable sanctions or export-control law — including any person on a US, EU, UK or UN restricted-party list. You must not use the Service on behalf of such a person, and you must not export or re-export it where that is prohibited.
3.3 Where the Service is available. We offer the Service worldwide, with exceptions. We do not offer it in comprehensively sanctioned territories, and we do not offer it in mainland China or Russia. We may add to that list, or restrict, suspend or withdraw the Service in any country at any time, including where local law would require us to operate it differently than we do.
We run the Service from Switzerland, on servers in Germany, and we make it available from there. We make no representation that the Service, its content or its outputs are appropriate, lawful or available for use in any particular country. If you use the Service from outside Switzerland you do so on your own initiative, and you are responsible for complying with your own local law — in particular any law about recording audio, about processing personal data, about the use of artificial intelligence, and about what you may say or disclose in a conversation you are recording.
4. Your account
4.1 Creating an account. You can create an account with an email address and a password, or by signing in through a third-party identity provider such as Google or LinkedIn. If you sign in through a provider, we receive a limited set of profile information from them — typically your name, email address and account identifier. We do not receive your password for that provider, and we cannot post or act on your behalf there. Your use of that provider remains governed by the provider's own terms and privacy policy.
4.2 Accuracy. You agree to give us accurate information and to keep it current.
4.3 Security. You are responsible for everything that happens under your account and for keeping your credentials confidential. Tell us at [email protected] promptly if you believe your account has been used without your permission.
4.4 One account per person. Accounts are personal. You may not share, sell, transfer or let others use your account, and you may not create accounts by automated means.
5. What the Service is — and what it is not
5.1 You are talking to an AI. Every counterpart in the Service — every buyer, seller, recruiter, procurement lead or manager you speak with — is a fictional persona generated by artificial intelligence. No human being is on the other side of the conversation, and no persona represents a real person, company or event. Any resemblance to a real person or organization is unintended.
5.2 The scoring is also automated. Your scores, skill ratings, session mood, live tone labels, session outcomes, written feedback, recommendations and before/after verdicts are produced by automated systems analysing your transcript and voice measurements. They are estimates generated by software, not the judgment of a qualified assessor. They can be wrong, inconsistent, unfair, or simply miss the point. Do not treat them as a measurement of your professional ability, and do not rely on them for any consequential decision.
5.3 Training, not advice. The Service is an educational and practice tool. It does not provide legal, financial, tax, employment, medical, psychological or other professional advice, and no lawyer-client, advisor-client or therapeutic relationship is created by your use of it. Never negotiate, sign, settle, resign or accept an offer in real life on the strength of what the Service told you. Consult a qualified professional.
5.4 No promise of results. We do not promise that using the Service will improve your negotiation skill, your scores, your salary, your deal terms, your career, or any other outcome. Practice results have no predictive value for real negotiations.
5.5 We will always tell you it is AI. Wherever you are, and whether or not your local law requires it, we will make clear in the Service that the counterpart you are speaking with is an artificial intelligence and that its voice is machine-generated rather than a recording of a human being. We do not imitate the voice or likeness of any real, identifiable person. Where a country requires a particular form of disclosure or a machine-readable marker on synthetic audio, we will comply with it — and we will not remove the plain-language disclosure in exchange.
6. Licence to use the Service
Subject to these Terms and to your payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal, non-commercial training purposes — or, where you hold a team seat purchased by your employer, for that employer's internal training purposes.
7. Voice sessions, microphone and recordings
7.1 Microphone access. Live sessions require access to your microphone. Your browser will ask you for permission, and you can withdraw it at any time in your browser settings. Without microphone access, live sessions do not work.
7.2 We record the session. Unless you turn recording off where the Service offers that control, each live session is recorded in full and on both sides — your speech and the synthesized voice of the AI counterpart — mixed into a single audio file. We also create a written transcript, a set of objective voice measurements (such as how long each side spoke, response delays, interruptions, pauses, speaking pace and filler words), and an automated evaluation. All of this is stored in your account so you can replay and review it. What we do with it, how long we keep it, and how to delete it are described in our Privacy Policy.
7.3 Choose your surroundings. Only start a session when it is appropriate to record audio in your location. Do not run a session where other people's voices will be picked up by your microphone. You are responsible for complying with any law in your jurisdiction about recording audio — and those laws differ sharply from country to country and, in the United States, from state to state. Some require every participant in a conversation to consent before it is recorded. If anyone else can be heard, that is on you to resolve before you start, not on us.
7.4 Do not put real confidential information into a practice session. This is the single most important obligation in these Terms. Sessions are practice, not a vault. You must not speak or type into the Service:
- trade secrets, or information you are contractually or legally required to keep confidential, including under an NDA;
- the terms of a live deal, real counterparty pricing, or privileged material;
- personal data about other people — names, contact details, health, finances, performance or employment information;
- payment card numbers, government identifiers, passwords or access credentials;
- anything whose disclosure would harm you, your employer or a third party.
Use invented names and round numbers. If you disclose such material anyway, you do so at your own risk, and you are responsible for the consequences.
8. Plans, fees, tokens and billing
8.1 Plans. The baseline assessment is free. Beyond it the Service is offered on paid plans: a weekly subscription, a monthly subscription, and — for as long as it is offered — a Launch pass, which is paid once and gives access for a fixed term of three months without renewing. Optional add-on features (for example, a counterpart that remembers your previous sessions) may be offered separately. The features, limits and prices of each plan are shown at the point of purchase and may change as described in §8.7. Subscriptions renew automatically at the end of each billing period (every week or every month) until cancelled; you can change or cancel a subscription at any time from your account settings, and cancellation takes effect at the end of the current period.
8.2 Usage allowances. Each plan includes an allowance of AI usage per billing period (per week for the weekly plan, per month for the monthly plan and the Launch pass), metered in speech minutes (voice sessions and every AI feature draw from one balance). The included allowance resets at the start of each billing period and does not carry over. The free assessment's minutes are a one-time balance rather than a recurring allowance: they do not reset. When your balance is exhausted, sessions and AI features stop until the period resets or you buy additional capacity.
8.3 Prepaid capacity. You may buy additional capacity ("minute packs") with or without a plan. Prepaid minutes do not expire, are drawn on only after any included allowance is used up, are not redeemable for cash, and, except where §8.8 or applicable law requires otherwise, are non-refundable.
8.4 Payment. Payments are processed by our third-party payment processor. We do not receive or store your full card details. You authorize us and our processor to charge your payment method for all amounts due, including applicable taxes.
8.5 Taxes, currency and where you are. We sell to customers worldwide, and many countries require a foreign supplier of digital services to charge local consumption tax — VAT in the EU, the UK, Switzerland, Norway, South Africa and Türkiye; GST in Australia, Canada, India, New Zealand and Singapore; JCT in Japan; VAT in South Korea; and equivalents elsewhere. Where that applies to you:
- We calculate the tax on the country we determine you belong to, using your billing address, the country of your payment method and your IP address, as the applicable tax rules require. You agree to give us accurate country information and to tell us if it changes, and you agree we may rely on it.
- Tax is shown separately at checkout, or included in the displayed price where local law requires prices to be shown inclusive of tax.
- If you are buying as a business and give us a valid VAT, GST or equivalent registration number, we will apply a reverse charge or zero rate where one is available.
Prices may be shown in Swiss francs, euros or US dollars, or in your local currency. Where we charge in a currency other than your own, your bank or card issuer may apply its own exchange rate and cross-border fees; those are between you and them, and we do not receive or control them.
Other than taxes on our income, you are responsible for any tax, duty or withholding imposed on you locally. If you are required to withhold an amount from a payment to us, you must gross it up so we receive what we would have received without the withholding.
8.6 Auto-renewal and cancellation. Paid subscriptions renew automatically at the end of each billing period at the then-current price, and your payment method will be charged, until you cancel. You may cancel at any time from your account settings, with effect at the end of the current period. Cancellation stops future charges; it does not refund the current period. We will give you any advance notice of renewal that applicable law requires.
8.7 Price changes. We may change prices. Changes apply from your next billing period and we will give you at least 30 days' notice by email. If you do not accept the new price, cancel before it takes effect.
8.8 Refunds and cooling-off rights. Except as stated here, in Annex A, or as required by law, fees are non-refundable and there are no refunds for partial periods or unused allowances.
Many countries give a consumer a period to change their mind about a purchase made at a distance. The length of that period and whether you can give it up differ by country, so:
- EU, EEA, UK and Switzerland. You have 14 days to withdraw from a purchase of digital content. By starting a live session, lesson or drill within that period, you expressly request that we begin performance immediately and acknowledge that you thereby lose that right of withdrawal for the content delivered. If you do not start one, ask us within 14 days and we will refund you in full.
- Everywhere else with an equivalent right. The period, and whether starting a session ends it, are governed by your local law. Annex A sets out the ones we know differ — including Brazil and South Korea, where the right survives even if you have started using the Service.
- Where no law gives you one, we will still refund a purchase you have not used within 14 days of buying it, as a matter of policy. Ask at [email protected].
Nothing in this section limits any statutory right you have that cannot be waived.
8.9 Failed payment. If a charge fails, we may suspend paid features until payment succeeds.
9. Communications
We will send you transactional messages you cannot opt out of while you have an account — account, security, billing and material service notices.
Marketing emails are opt-in. We will only send you product news, tips and offers if you asked us to, and you can withdraw that consent at any time using the unsubscribe link in any marketing email or from your account settings. Unsubscribing from marketing does not affect transactional messages.
10. Your content
10.1 You keep ownership. As between you and us, you own your voice recordings, transcripts and anything else you submit ("Your Content"). We claim no ownership of it. If an organization bought your seat, this does not change — Your Content is yours, not your employer's, whoever paid for the seat. See §14.2.
10.2 The licence you give us, and its limits. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, transcribe, analyse and display Your Content solely to operate the Service for you, to generate your transcripts, measurements, evaluations, recommendations and session memory, to keep the Service secure, and to comply with law. This licence exists only to run the Service; it ends when you delete the content or your account, subject to the retention periods in our Privacy Policy.
We do not sell Your Content, and we do not license it to third parties to train their AI models. Where we use vendors to process it — speech-to-text, language models, speech synthesis and hosting — they act on our instructions under contract. Our current vendors are listed in the Privacy Policy.
10.3 Your promises about Your Content. You represent that you have the right to submit Your Content and that it does not infringe anyone's rights, breach any duty of confidence, or violate any law.
10.4 Feedback. If you send us suggestions or ideas about the Service, we may use them freely and without obligation to you.
11. Our intellectual property
11.1 Ownership. The Service and everything in it other than Your Content and Organization Trainings (§14.5) — the software, the curriculum, the six-skill framework and its rubrics, the lessons, drills, scenarios, counterpart personas, prompts, scoring methodology, evaluation criteria, text, audio, design, and the "Pacct" name and logo — is owned by us or our licensors and is protected by intellectual property law. Except for the licence in §6, no rights are granted to you.
11.2 Independent authorship. Our curriculum teaches communication behaviors in our own words, with our own examples, sequencing and terminology. Where a technique is associated in the market with another provider's branded terminology, we do not use that terminology and we claim no affiliation with, endorsement by, or certification from any other negotiation training provider, author or organization.
11.3 Third-party marks. Any third-party names or marks that appear are the property of their owners and are used only descriptively.
12. Acceptable use
You must not, and must not permit anyone else to:
- use the Service for anything unlawful, deceptive, harassing, hateful, or intended to defraud or manipulate another person;
- use the Service to plan or rehearse conduct that is illegal, or to develop coercive or deceptive techniques for use against real people;
- copy, scrape, crawl, harvest, republish, resell, sublicense or make the Service or its content available to anyone else, or use it to build or improve a competing product;
- extract, reconstruct or systematically collect our prompts, personas, rubrics or curriculum, whether by scripted requests, prompt injection, or otherwise;
- use Your Content or the Service's outputs to train, fine-tune, distil or evaluate any machine-learning model;
- reverse engineer, decompile or attempt to derive the source code or underlying models of the Service, except to the extent this restriction is unenforceable under applicable law;
- probe, scan or test the vulnerability of the Service, breach or circumvent any authentication, rate limit, allowance, paywall or security measure, or access any account or data that is not yours;
- impersonate any person or misrepresent your affiliation;
- upload malware, or interfere with or place unreasonable load on the Service or its infrastructure;
- use the Service to record, analyse or evaluate a real conversation with a real person without that person's informed consent.
We may investigate suspected violations and take any action we consider appropriate, including removing content, limiting or suspending access, and reporting to authorities.
13. Third-party services
The Service depends on third-party providers for real-time audio transport, speech-to-text, language models, speech synthesis, hosting, payment processing, email delivery and identity. We choose them with care and bind them by contract, but we do not control them. Interruptions, errors or changes in a third-party service may affect the Service, and we are not responsible for third-party services themselves. A current list of these providers is maintained in our Privacy Policy.
14. Team and organization accounts
14.1 Who our customer is. Where an organization buys seats, the organization is our customer. It pays for the seats, an administrator assigns them, and the organization is responsible for its members' compliance with these Terms.
A seat is a way for a person to get access to the Service. It is not a way for the organization to observe them. The rest of this section says what that means in practice, and those limits are part of what the organization is buying.
14.2 Who owns what. A team account has two kinds of content, and they belong to different people:
| The organization owns and controls | The member owns and controls |
|---|---|
| The roster and seat assignments | Session recordings |
| Organization Trainings it authors (§14.5) | Transcripts and voice measurements |
| Which trainings were assigned, and who completed them | Evaluations, scores and written feedback |
| Cohort-level aggregate reporting | The derived training profile, and counterpart memory |
Everything in the right-hand column is Your Content under §10 and belongs to the member, whoever paid for the seat.
We will not give a member's session content to the organization. The organization cannot obtain it by asking us, by exporting it, by configuring the Service, or by agreement with us — there is no mechanism for any of these, and we will not build one on request. If an organization needs a member's content for a legal reason, it must obtain it from the member or through legal process, and we will tell the member unless we are legally prohibited from doing so.
14.3 What an administrator can see. An administrator can see:
- seat assignment and status, billing, and overall usage against the organization's plan;
- which trainings have been assigned, and whether each member completed them;
- activity for each seat — sessions started and completed, minutes practised, lessons and drills finished;
- cohort-level results aggregated across a group of at least 5 members, such as average movement on a skill across a team.
14.4 What an administrator cannot see, and cannot be given. An administrator cannot see any individual member's scores, skill ratings, dimension breakdowns, session mood, evaluations, written feedback, recordings, transcripts or derived profile.
This is fixed by how the Service is built. It is not an administrator setting, it is not a feature we can switch on for a customer who asks, and it is not something a member can be required to enable. We built it this way on purpose: the Service is a training tool, and it stops working as one if the people using it are being assessed by their employer while they practise.
A member may choose to share a specific report with a specific person. If they do, it is one report to one named recipient, it can be withdrawn, and it never includes the session mood. There is no way for an administrator to request a report through the Service.
14.5 Trainings your organization creates. An organization may be able to author its own scenarios and trainings ("Organization Trainings"). As between the organization and us, the organization owns its Organization Trainings, including the scenario text it writes. It grants us a non-exclusive licence to host, store, process and display that content in order to deliver the Service to its members, and nothing more.
An organization that authors an Organization Training represents that it has the right to the content, and agrees that it will not put into one:
- confidential information, trade secrets or live deal terms — the warning in §7.4 applies to authoring a training as much as it does to speaking in a session;
- personal data about any individual;
- anything designed to assess, screen, test or collect information about the members who will run it, rather than to train them.
We may remove an Organization Training that breaches this section or §12.
14.6 Not an assessment tool. The Service is a training tool. Scores, skill ratings, session mood and evaluations produced by the Service are automated estimates (see §5.2) and must not be used as a basis for any employment decision, including hiring, promotion, compensation, discipline, performance management or termination. This holds even where a member has voluntarily shared a report. An organization that uses the Service is responsible for complying with all laws applying to workplace monitoring, employee data, works-council or employee-representative consultation, and automated decision-making in its jurisdiction.
14.7 If your seat ends. If your seat is removed, or the organization's subscription ends, your account and your content stay with you. Your account converts to a free personal account, and your recordings, transcripts, evaluations and profile remain yours and remain available, subject to the limits of the free tier and to our Privacy Policy. You lose access to the organization's paid features and to its Organization Trainings.
The organization keeps its roster, assignment and completion records, its cohort reporting and its Organization Trainings. It does not receive your session content on your way out, any more than it could while you held the seat.
15. Beta and pre-release features
Parts of the Service may be labelled beta, preview or experimental, or may be offered before general release. They are provided as-is and may be changed, broken or withdrawn without notice, and they may not be as reliable or secure as generally available features. Do not rely on them.
16. Availability and changes
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, add to or discontinue any part of the Service. If we discontinue a material part of a paid feature, we will give reasonable notice and refund any prepaid fees covering the period after discontinuation.
17. Suspension and termination
17.1 By you. You may stop using the Service and delete your account at any time from your account settings.
17.2 By us. We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, if your use creates a legal or security risk to us or others, if payment fails, or if we are required to by law. For serious violations — including §12 — we may act immediately and without notice.
17.3 Effect. On termination, your licence ends and you must stop using the Service. Sections 5, 7.4, 10.2–10.4, 11, 12, 17.3, 18–22 and Annex A survive. Deletion of your data on termination is governed by our Privacy Policy.
18. Disclaimers
To the fullest extent permitted by law, the Service and all content and outputs are provided "as is" and "as available", without warranty of any kind. We disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the above, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that transcripts, measurements, scores, tone labels, evaluations or recommendations will be accurate, complete, consistent or suitable for any purpose; that recordings will be preserved without loss; or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, our warranties are limited to the minimum extent permitted, and nothing here excludes liability that cannot lawfully be excluded.
19. Limitation of liability
To the fullest extent permitted by law:
19.1 Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, opportunity, anticipated savings, or data — even if advised of the possibility.
19.2 Our total aggregate liability arising out of or relating to these Terms or the Service, on any theory of liability, will not exceed the greater of (a) the total amounts you paid us for the Service in the twelve (12) months immediately before the event giving rise to the claim, and (b) CHF 100.
19.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, your non-waivable statutory rights are unaffected.
19.4 The limitations in this section reflect the allocation of risk between us and are an essential basis of the bargain; they apply even if a limited remedy fails of its essential purpose.
20. Indemnity
If you are using the Service other than as a consumer, you will defend, indemnify and hold harmless LGHTHSE Solutions GmbH and its shareholders, managing directors, officers, employees and agents from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) Your Content, including any confidential information or personal data of another person that you put into it, (c) your breach of these Terms or of any law, or (d) your infringement of any third-party right.
21. Governing law and disputes
21.1 Governing law. These Terms and any dispute arising out of them are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
21.2 Informal resolution first. Before starting a formal proceeding, please contact us at [email protected] and give us 30 days to resolve the matter.
21.3 Courts. Subject to §21.4, the courts of Zug, Switzerland have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. We may also apply to any court that has jurisdiction for injunctive relief to protect our intellectual property.
21.4 Consumers, wherever you are. If you are a consumer, §21.1 and §21.3 apply to you only so far as your own law allows. Nothing in these Terms:
- deprives you of the protection of any mandatory provision of the law of the country where you live that cannot be varied by agreement; or
- takes away your right to bring proceedings in the courts of that country, or our obligation to sue you only there where your law requires it — which, for consumers in Switzerland, the EEA and the UK, follows from the Lugano Convention and equivalent rules.
Annex A names the country-specific positions we are aware of.
21.5 Alternative dispute resolution. Before going to court, please use §21.2 — most things are quicker to fix directly. Where your country provides a consumer ombudsman, ADR body or mediation scheme, you may use it, and Annex A points to the ones we know of. The European Commission's online dispute resolution platform is no longer operating, so EU consumers should use their national ADR entity or the European Consumer Centre in their country instead.
22. General
22.1 Changes to these Terms. We may update these Terms. If a change is material we will give you at least 30 days' notice by email or in the Service before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms; if you do not accept them, stop using the Service and cancel.
22.2 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
22.3 Entire agreement. These Terms, Annex A and the Privacy Policy are the entire agreement between us about the Service and supersede all prior understandings.
22.4 Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
22.5 No waiver. Failure to enforce a provision is not a waiver of it.
22.6 Force majeure. Neither party is liable for failure to perform (other than payment obligations) caused by events beyond its reasonable control.
22.7 Notices. We may give notice by email to the address on your account or by posting in the Service. Notices to us go to [email protected] and, where formal notice is required, to Blegistrasse 9, 6340 Baar, Switzerland.
22.8 No third-party beneficiaries. These Terms create no rights for anyone other than you and us.
22.9 Relationship. Nothing here creates a partnership, joint venture, agency or employment relationship.
22.10 Language. These Terms are written in English, and you agree that English is the language of our agreement and of any notice under it. Where we publish a translation it is for convenience only and the English version governs — except where the law where you live requires the local-language version to prevail, in which case it does. A French-language version for Quebec is not yet available.
22.11 Export and sanctions compliance. You agree to comply with all applicable export control and sanctions laws in your use of the Service, and you represent that you are not subject to any restriction that would prohibit us from providing it to you.
23. Contact
LGHTHSE Solutions GmbH (in incorporation) Blegistrasse 9, 6340 Baar, Switzerland [email protected]
Annex A — Country-specific terms for consumers
These terms apply in addition to the Terms above if you are a consumer in one of the countries below — someone buying for personal use rather than for a business. Only the part for where you live applies to you. Where anything here conflicts with the body of these Terms, this annex wins. Nothing in these Terms limits a statutory right you cannot waive.
A1. Australia
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Nothing in §18, §19 or §20 excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law. Where we are permitted to limit our liability for breach of a guarantee, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied. You may bring a claim in an Australian court or to a relevant tribunal or ombudsman (§21.4).
A2. New Zealand
If you are a consumer, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply, and nothing in these Terms limits them. If you acquire the Service for the purposes of a business, you agree that the Consumer Guarantees Act does not apply and that this exclusion is fair and reasonable.
A3. Canada, including Quebec
If you are in Quebec, the Consumer Protection Act applies. In particular: you may bring proceedings in the courts of Quebec (§21.4); the governing-law clause in §21.1 does not deprive you of Quebec law; and we must give you the notice of automatic renewal that the Act requires before we renew your subscription. It is the express wish of the parties that these Terms and all related documents be drawn up in English, subject to the language rights the law gives you.
If you are elsewhere in Canada, your provincial consumer protection legislation applies and nothing here limits it.
A4. European Economic Area
- Your statutory rights of conformity for digital content and digital services, and the remedies that go with them, are unaffected by §18 and §19.
- Your 14-day right of withdrawal, and how you can lose it, are in §8.6 and §8.8.
- You may bring proceedings in the courts of the country where you live, and we may sue you only there (§21.4).
- Under Regulation (EU) 2018/302 we do not discriminate on the basis of your nationality, place of residence or place of establishment in giving you access to the Service, though the tax we charge and the currency you pay in may differ (§8.5).
- Before your subscription renews we will give you the notice your national law requires, and cancellation is available from your account settings at all times.
- For alternative dispute resolution, see §21.5 — use your national ADR entity or the European Consumer Centre in your country.
A5. United Kingdom
The Consumer Rights Act 2015 applies to your purchase, and nothing in §18, §19 or §20 limits your rights under it — including your right to a repeat performance, a price reduction or a refund if the Service is not supplied with reasonable care and skill or is not as described. You may bring proceedings in the courts of the UK nation where you live (§21.4).
A6. Germany and Austria
The limitations in §19 do not apply to liability for intent or gross negligence, for injury to life, body or health, under the Product Liability Act, or for the breach of a material contractual obligation (Kardinalpflicht) — for which our liability is limited to the foreseeable damage typical for this kind of contract. Statutory rights of termination and withdrawal are unaffected, and the cancellation button required by law is available in your account settings.
A7. Brazil
The Consumer Protection Code (CDC) applies and prevails over anything inconsistent in these Terms.
- Right of regret (Art. 49). You may cancel a purchase made over the internet within seven days of purchase or of first access, and receive a full refund of what you paid, monetarily adjusted. This right applies even if you have already started using the Service, and you cannot be asked to waive it — §8.8 is read accordingly.
- Forum. You may bring proceedings in the court of your own domicile, and §21.1 and §21.3 do not deprive you of Brazilian law or of that right.
- Liability. Clauses that exclude or limit a supplier's liability to a consumer are void under the CDC; §18, §19 and §20 apply to you only so far as Brazilian law permits.
- Support is available in Portuguese at [email protected].
A8. Japan
The Consumer Contract Act applies. Any provision of §18 or §19 that would wholly exclude our liability for damages to you as a consumer, or that would exclude liability for damage caused intentionally or by gross negligence, does not apply. The disclosures required by the Act on Specified Commercial Transactions will be published before we sell to consumers in Japan.
A9. South Korea
The Act on Consumer Protection in Electronic Commerce applies. You may withdraw from a purchase within seven days of the transaction or of the date the content becomes available, and that right is not lost merely because you have started using the Service, except in the specific circumstances the Act allows. You may bring proceedings in the courts of Korea (§21.4). Korean law governs your consumer contract where it is more protective, and you may use the Korea Consumer Agency's dispute mediation.
A10. India
The Consumer Protection Act, 2019 and the E-Commerce Rules apply. Our Grievance Officer for consumer complaints is the person named in our Privacy Policy §18; write there and we will acknowledge your complaint within 48 hours and resolve it within the period the Rules require. Nothing in §21 prevents you from approaching a Consumer Commission in India.
A11. Singapore, Malaysia and Hong Kong
Your statutory consumer rights — including under the Consumer Protection (Fair Trading) Act and the Unfair Contract Terms Act in Singapore, and their local equivalents — are unaffected by §18, §19 and §20, which apply only so far as those laws permit.
A12. Mexico and Latin America
If you are a consumer in Mexico, the Federal Consumer Protection Law applies, PROFECO has jurisdiction over consumer disputes, and §21.1 and §21.3 do not deprive you of either. Equivalent consumer protection legislation elsewhere in Latin America applies on the same basis.
A13. Everywhere else
If you are a consumer somewhere not listed above, the Terms apply to you in full, subject to this: any mandatory consumer protection law of the country where you live overrides anything inconsistent in these Terms, and you keep the right to sue in your own courts where your local law gives it to you (§21.4). You may always contact us at [email protected] and, if we cannot resolve something, use whatever consumer complaint body your country provides.