Terms of Service

1. Acceptance of Terms

Welcome to Just Debate Me ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Just Debate Me website located at justdebate.me and all related services, features, content, and applications (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

By using the Service, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal capacity to enter into these Terms.
• You have a valid Google account to authenticate with the Service.
• You are not barred from using the Service under any applicable law.
• You have not previously been suspended or removed from the Service.
• Your use of the Service will not violate any applicable law, regulation, or ordinance.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an account by signing in with your Google account. By doing so, you agree to:

• Provide accurate and complete information.
• Maintain and promptly update your account information.
• Maintain the security of your Google account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

3.2 Handle (Username)

You may create a public handle (username) that will be displayed alongside your content. You agree that your handle:

• Will not impersonate any person or entity.
• Will not be offensive, vulgar, or otherwise objectionable.
• Will not infringe on the rights of any third party.
• Will not violate any applicable law.

We reserve the right to require you to change your handle at any time for any reason.

3.3 Account Security

You are responsible for safeguarding the credentials used to access your Google account and, by extension, the Service. We are not liable for any loss or damage arising from your failure to secure your account.

4. Service Description

Just Debate Me is an audio debate platform that allows users to:

• Create debates by recording an initial audio argument (maximum 1 minute).
• Share debate links with others to invite participation.
• Respond to debates with recorded audio arguments.
• View and listen to public debates.
• Post text comments on debate entries.
• Like or dislike debate entries.

4.1 Service Limitations

• Each debate allows only two participants (the creator and one respondent).
• Audio recordings are limited to 1 minute in duration.
• Comments are limited to 240 characters.
• Handles are limited to 23 characters.
• Rate limits apply: 10 audio uploads per hour per user.

4.2 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control.

5. User Content

5.1 Definition

"User Content" means any audio recordings, text, comments, handles, debate titles, and other content that you submit, post, or display through the Service.

5.2 Public Nature of Content

By posting User Content, you acknowledge and agree that:

• Your content will be publicly accessible to anyone.
• Your content may be shared by other users.
• Your content may be indexed by search engines.
• Your content may remain accessible even after you delete your account.
• We are not responsible for the use or distribution of your content by third parties.

5.3 Ownership of User Content

You retain ownership of all User Content you submit to the Service. However, by submitting User Content, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, and distribute your User Content.
• Display and perform your User Content publicly.
• Create derivative works from your User Content.
• Incorporate your User Content into other works.

This license is for the purpose of operating, promoting, and improving the Service, and developing new products and services.

5.4 Representations and Warranties

By posting User Content, you represent and warrant that:

• You own or have the necessary rights to post the content.
• The content does not violate the rights of any third party.
• You have obtained any necessary consent from individuals whose voices appear in your audio recordings.
• The content complies with all applicable laws and these Terms.

5.5 Content Removal

We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion, without notice, for any reason, including but not limited to:

• Violation of these Terms.
• Violation of our Content Guidelines.
• Content that is harmful, offensive, or inappropriate.
• Legal requirements or requests from authorities.

6. Content Guidelines and Prohibited Conduct

6.1 Prohibited Content

You agree not to post, upload, or share any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Promotes violence, terrorism, or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin.
• Contains sexually explicit material or pornography.
• Infringes on any patent, trademark, copyright, trade secret, or other intellectual property rights.
• Violates the privacy or publicity rights of any person.
• Contains personal or identifying information about others without their consent.
• Constitutes unauthorized advertising, spam, or solicitation.
• Contains malware, viruses, or other harmful code.
• Impersonates any person or entity or misrepresents your affiliation.
• Violates any applicable law, regulation, or these Terms.

6.2 Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws.
• Harass, threaten, or intimidate other users.
• Interfere with or disrupt the Service or servers/networks connected to the Service.
• Attempt to gain unauthorized access to the Service or other accounts.
• Use any automated means (bots, scrapers, etc.) to access the Service.
• Circumvent rate limits or other technical measures.
• Collect or harvest user information without consent.
• Use the Service to record others without their knowledge or consent where required by law.
• Create multiple accounts to evade bans or restrictions.

6.3 Recording Laws

6.4 Reporting Violations

If you become aware of any User Content or conduct that violates these Terms, please contact us at abuse@justdebate.me.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Just Debate Me and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7.3 Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please send a notice to our designated agent containing:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material claimed to be infringing and its location.
• Your contact information (address, telephone number, email).
• A statement that you have a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: dmca@justdebate.me

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share information about you. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

Please review the Privacy Policy carefully to understand our practices.

9. Termination

9.1 Termination by You

You may stop using the Service at any time. To request deletion of your account and associated personal information, please contact us at support@justdebate.me.

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Violation of Content Guidelines.
• Conduct that we determine, in our sole discretion, is harmful to other users, the Service, or third parties.
• Request by law enforcement or other government agencies.
• Extended periods of inactivity.
• Technical or security issues.
• Discontinuation of the Service.

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease.
• We may delete your account and associated data (subject to our data retention policies).
• User Content you posted may remain publicly accessible as part of debate records.
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9.4 Debate Creator Rights

As the creator of a debate, you have the ability to:

• End the debate, preventing further responses.
• Kick participants from the debate.

These actions are final and cannot be undone.

10. Disclaimers

10.1 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantees

We do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location.
• Any errors or defects will be corrected.
• The Service is free of viruses or other harmful components.
• The results of using the Service will meet your requirements.
• User Content will be accurate, reliable, or appropriate.

10.3 User Content Disclaimer

WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR COMMUNICATIONS POSTED THROUGH THE SERVICE. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

10.4 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.5 No Professional Advice

Content on the Service is for general information and debate purposes only and does not constitute professional advice of any kind.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUST DEBATE ME, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses.
• Damages resulting from your access to or use of (or inability to access or use) the Service.
• Damages resulting from any conduct or content of any third party on the Service.
• Damages resulting from any User Content obtained from the Service.
• Damages resulting from unauthorized access, use, or alteration of your transmissions or content.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Just Debate Me and its licensors, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
• Any User Content you post or share through the Service.
• Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@justdebate.me. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

13.3 Binding Arbitration

Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language and shall take place in Wilmington, Delaware, or by video conference if mutually agreed.

13.4 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14. Modifications to Service and Terms

14.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of these Terms.
• Posting a notice on the Service.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Just Debate Me regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: