Welcome to the Rafy app brought to you by Actify, Inc. (“Actify”, “we”, “our” or “us”). We provide users (“you” or “user”) the ability to practice and record your self-tapes (auditions) with an intelligent reader. Our services include but are not limited to the option to upload your audition file or enter your lines manually, the ability to choose and customize the voice of your reader(s), and the option to practice and record yourself inside the app without the need of headphones or external speakers with our audio technology.
These terms of service (“Terms”) and any other policies or agreements published from time to time constitute a legally binding contract between you and us regarding your use of the Services. Your use of the Services constitutes your agreement of these Terms. Please read these Terms carefully prior to accessing or otherwise using the Services. If you do not accept these Terms, you should refrain from using the Services.
To access the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, or if you become aware of any unauthorized attempt to access your account, you must immediately notify us at contact@rafy.app.
If we suspect you or your Authorized User(s) are acting in violation of these Terms or engaged in illegal or improper use of the Services, we reserve the right to suspend and/or terminate your account without notice and without further liability to you.
We reserve the right to suspend or delete your account, if you deactivate your plan.
Subject to your compliance with the Terms, we grant you (and your Authorized User(s)) (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for the purpose of generating your Content for as long as you have an account with us; and (ii) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Content generated through the use of the Services and paid for by you in accordance with these Terms and in line with any other conditions communicated to you from time to time.
If you are prohibited under applicable law from using the Services or the Content, you may not use them. You agree that you are solely responsible for compliance with all applicable laws, rules, and regulations that may apply to your use of the Services or the Content.
You agree that you will not:
If you are, or become aware, that any uploaded content, including the Content, constitutes or may constitute the foregoing, please notify us immediately at contact@rafy.app.
From time to time, we may offer a free trial in our sole discretion, which may be suspended or terminated at any time in our sole discretion. At the end of any free trial, your subscription will automatically renew at the then full current subscription price unless you cancel your subscription before the end of the free trial.
In some instances, we may charge a fee for access to specific Services (the “Fees”). Payments for the use of the applicable Services are made monthly in advance or as otherwise offered by Actify from time to time. We reserve the right to amend the applicable Fees at our sole discretion with prior written notice.
Your subscription fees will be processed by either Stripe, Google, or Apple, depending on the applicable app store. The price and currency will be set out during the order process and may vary based on your country of residence. In addition to the subscription fee, banks and credit card issuers may charge additional fees for which you are responsible, including a foreign transaction fee.
Actify reserves the right to change the Fees at any time. Fee changes for a billing period will take effect at the start of the next billing period following the date of the Fee change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the Fee change takes effect, You agree to accept the new price.
Also, Actify reserves the right to offer Users promotions, discounts or discount codes, under their own terms and conditions.
You warrant that you own, or have otherwise lawfully obtained, the rights and permissions to use all intellectual property rights of the scripts, and your use of the Services and/or the Content will not infringe the intellectual property rights of any third party and complies with all applicable laws.
All content available through the Services and on our website, including trade-marks, designs, text, scripts, graphics, pictures, videos, information, applications, software, sound, and other files, is the intellectual property of Actify and its third-party licensors (“Actify IP”). Your use of the Services does not grant you any right to use the Actify IP except as set out explicitly within these Terms.
If, at Actify request, you send certain submissions or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, as blog post comments, as social media comments, or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation to (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content and comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms.
Your use of the Services is governed by Actify Privacy Policy. By using the Service, You agree to the terms set forth in that policy.
You acknowledge that you may have access to certain information and materials, including the terms of this Agreement, concerning Actify business, technology, products, and services or reasonably should be considered, given the circumstances of disclosure, to be confidential (such information being “Confidential Information”). If you receive or have access to Confidential Information, you undertake to treat and keep all Confidential Information strictly confidential. During your use of our Services and for an indefinite period following the end of your use of our Services, you will not use or disclose to any third party (and will use best endeavors to prevent the unauthorized publication or disclosure of) any Confidential Information. The foregoing restriction does not apply to (i) any use or disclosure authorized by us or any use or disclosure required by applicable law, provided you give us as much prior written notice of such disclosure as possible; or (ii) any information which is already in, or comes into, the public domain otherwise than as a result of your unauthorized disclosure.
To the fullest extent permitted by law, you are responsible for your or your Authorized Users’ use of the Services, and you will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense (including reasonable legal fees, costs or settlements), arising out of or connected with your or your Authorized Users use of the Services, any breach of these Terms (including but not limited to and/or violation of any third party’s right, including, without limitation, any intellectual property right or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
To the maximum extent permitted by applicable law, Actify and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers, and employees (“Actify and its Associates” hereinafter) expressly disclaim any and all liability in connection with the Services.
In no event will Actify or its agents be liable to You or to any third party under any tort, contract, negligence, strict liability, or other legal or equitable theory (i) for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the platform, the service, and the data, whether or not such loss or damages are foreseeable; (ii) any unauthorized access to or use of the platforms; or (iii) for any direct damages. Any claim arising out of or relating to these terms must be brought within one year after the occurrence of the event giving rise to such claim. You understand and agree that Your sole right and remedy against Actify and its Associates is to discontinue use of the Platform and the Services.
The Services are provided to you on an “as is” and “as available” basis, and subject to applicable law, we make no warranty and/or representation (express or implied) as to the availability, usage, or fitness of purpose of the Services. You use the Services at your own risk.
You understand and agree that the cancellation of your user Account is your sole right and remedy with respect to any dispute with Actify. If you or Actify terminates or suspends your access to the Services, you agree that Actify shall have no liability or responsibility towards you and no obligation to refund any amounts you already paid toward your subscription of the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Actify, in its sole discretion, may terminate or suspend the use of the Services at any time for any reason or for no reason at all without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may cancel your subscription to the Services at least 24 hours before the end of the then-current billing period. You will continue to have access to the Services throughout Your pre-paid subscription period. We do not provide refunds, the right to return a purchased subscription, credits for any partially used subscription or unused accounts, or by reason of your dissatisfaction with the Services. To cancel your account, contact Actify via the App.
If you subscribe to Rafy, you will receive a set number of tokens or credits each month. These credits can be used to upload or enter scenes manually. Unused credits may roll over to the next two months as long as your subscription remains active.
If you unsubscribe to our Service, you will retain access to your tokens until the end of the current billing cycle. After this period, any remaining tokens will expire 28 days after the end of your final billing period unless you resubscribe within that time-frame.
We may provide tools or features through the Services that enable you to interact with, including export information to third-party websites or services. By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services shall be governed by third parties’ terms, conditions, and/or policies.
You may not assign, transfer, charge, subcontract, or deal in any other manner with all or any of the rights and obligations under these Terms without our prior written consent. Failure to enforce any of our rights against you will not constitute a waiver of such rights, nor does it mean you do not have to comply with such obligations. These Terms constitute the entire agreement between you and Actify in relation to your access and use of the Services and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning such subject matter. If any term or provision of these Terms is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of provision of these Terms or the remaining part of such term or provision or invalidate or render unenforceable such term or provision or part therefore in any other jurisdiction. Nothing in these Terms is intended to constitute a partnership or joint venture of any kind between you and us.
The terms and conditions shall be interpreted, construed, and governed in all respects by the laws of the United States of America and the State of California. Venue for any dispute arising under the Terms and conditions shall be in any court of competent jurisdiction in the County of Los Angeles, State of California, and the User hereby expressly submits and consents to such jurisdiction.
We reserve the right to modify these Terms at any time without notice. By continuing to access or use the Services after you agree to be bound by the updated terms.
To find out more information about our Services, if you need assistance with your account or if you wish to make a complaint, please contact us at contact@rafy.app.