[This is version 3 of Ennuicastr's terms of service. These terms are in effect as of 2022-01-28. Version 2 is available, but is no longer in effect. In addition, the labeled changes from version 2 to 3 are available.]

[For ease of understanding, we provide a simplified version of these terms, but it is this document that constitutes Ennuicastr's terms of service, not the simplified version.]

These terms are an agreement between you (the user) and Wereweasel (the company behind Ennuicastr). Wereweasel is a sole proprietorship with no employees—that is, a one-man company—and thus you should understand that these terms are essentially between two individuals.

Ennuicastr is both a piece of software and a particular instance of that software. The software itself is released under the open-source ISC license: The server component is at github.com/ennuicastr/ennuicastr-server, and the client is at github.com/ennuicastr/ennuicastr. You are free to use the software as you wish within the bounds of its license. You can find information on other components used by Ennuicastr at the licenses page. The remainder of these terms apply to the instance of Ennuicastr, and service provided by Wereweasel and Ennuicastr, at ecastr.com, ennuicastr.com, and weca.st, hereafter referred to as “Ennuicastr”.

By accessing or using Ennuicastr, you agree to be bound by these terms. These terms may be updated at any time. Users will be notified by email of any such update. If we are unable to contact you regarding an update to these terms, that does not nullify the update or its applicability to your use of Ennuicastr; any time you use Ennuicastr, you are agreeing to the most recent version of these terms in effect.

THE SERVICE IS PROVIDED “AS IS” AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SERVICE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE.

Your use of Ennuicastr is at the sole discretion of Wereweasel. Wereweasel may terminate or suspend access to Ennuicastr immediately and without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms. Wereweasel retains this right for protection from unanticipated forms of abuse, and does not usually terminate access for reasons outside the scope of these terms.

Recording with Ennuicastr is not free. To download a recording, you are required either to purchase it or purchase a subscription. A sample download is provided so that you may decide whether to purchase or not. Because a sample is provided, purchased recordings are generally non-refundable, but if you are dissatisfied, please contact us.

The purpose of Ennuicastr allowing you to record prior to paying is to ensure your satisfaction with recordings. Do not make recordings if you do not intend to purchase them. Making recordings en masse without purchasing is considered abusive behavior, and may result in your account being terminated and a ban. Wereweasel acknowledges that using Ennuicastr as a backup for another recording system may be useful, and would typically not involve downloading or paying for recordings; if you are in this situation, please contact us.

Other behavior abusive of Ennuicastr's resources may also result in account termination and being banned from the service. You will not be notified of the reason for a ban, but may contact us if you think you have been banned incorrectly or unfairly.

If you purchase a subscription, all downloads at the quality covered by the subscription are free until it expires, including recordings which were made before the subscription started. Fees for recordings made prior to subscribing which were already purchased are non-refundable. Subscription fees are paid in advance of the covered time. Recordings that are not covered by your subscription are not discounted if you have a subscription. If you delete your account or your account is terminated while you have an active subscription, it will be canceled and you will not be refunded.

Wereweasel can make special agreements with individuals or groups outside of these terms. For instance, during the beta, all users were given a free subscription. Wereweasel will endeavor to inform users of special agreements and, when and if applicable, their termination.

The minimum transaction is $2, even if a recording costs less. Your account will be credited with the excess, and it will be used automatically in purchases of future recordings. Such credit cannot apply towards a subscription, however. If you wish to transfer credit from one account to another, contact us. You are only allowed 24 hours worth of credit in any account. Recording credit is non-refundable and may be revoked if your account is terminated due to violation of these terms. If you delete your account, any excess credit will be lost.

Recordings, organization accounts, and other items may be shared privately using Ennuicastr's sharing facilities. The purpose of these sharing facilities is to aid parties involved in the same recordings and/or the same organization. Organization accounts may share a single subscription. Using these sharing facilities to share a subscription among users without a relevant relationship is considered abusive behavior and may result in a ban. Organizations which make considerably greater use of Ennuicastr's services than an individual may be asked to pay a higher subscription fee; if you believe you represent such an organization, you may choose to contact us to negotiate this in advance.

Ennuicastr is fundamentally a recording service, and is not a public medium. That is, while recordings made with Ennuicastr may be released publicly, that can only be done by first posting them elsewhere; Ennuicastr does not, in and of itself, provide a way of publicly sharing any recordings through the service itself. As such, Wereweasel does not consider the nature of any recordings to reflect on Wereweasel or Ennuicastr. Generally speaking, you are free to record whatever you wish, and Wereweasel does not police recordings. Any content which is legal both in your jurisdiction and in Canada, where Wereweasel is both registered and operated, is allowed, even if it's hateful, harmful, untrue, salacious, sexual, etc. If a recording is discovered to constitute a crime, bearing in mind that conspiracy to commit a crime is a crime, you will be banned, credit will not be refunded, your subscription will be canceled and not refunded if applicable, and you may be reported to the police.

Copyright over recordings is not affected by using Ennuicastr. In most jurisdictions, copyright of the speech of an individual is owned by that individual. By participating in a recording, users are giving Wereweasel and the host their assent to use their audio, but that does not in and of itself constitute a transfer of copyright. Wereweasel owns and claims no copyright over any audio recorded using Ennuicastr, but by using Ennuicastr, you are giving Wereweasel permission to use your audio subject to Ennuicastr's privacy policy.

You are not required to publicly attribute Ennuicastr or Wereweasel for any recordings made using the service, but may if you please.

Wereweasel complies with Canada's Anti-Spam Legislation. You will not be sent any commercial email. However, users will be emailed when these terms change or the privacy policy changes, if there is a security issue affecting them or their data, and if there is a software bug affecting their data. Your email address is collected when you register or pay for credit, and is only used for these purposes. Because the communication of these circumstances is critical, you may not opt out except by deleting your account.

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