NewAudia Systems, LLC

Important — Please Read Carefully

This Acceptable Use Policy ("AUP") governs access to and use of the NewAudia platform, website, applications, and services (collectively, the "Services"). This AUP applies to ALL users, including Readers, Authors, Publishers, and Administrators. By accessing or using the Services, you agree to comply with this AUP in its entirety.

Company Identification

The Services are operated by NewAudia Systems, LLC, a limited liability company organized under the laws of the State of Colorado, with its principal place of business in Colorado Springs, Colorado (hereinafter "NewAudia," "Company," "we," "us," or "our"). "NewAudia" is a registered trade name of NewAudia Systems, LLC in the State of Colorado.

This AUP is incorporated by reference into the NewAudia Terms of Service and, for Authors and Publishers, into the NewAudia Author Publishing Agreement. In the event of a conflict between this AUP and the Author Publishing Agreement with respect to Author obligations, the Author Publishing Agreement controls.

1. Purpose and Scope

The purpose of this AUP is to:

• Protect users, content owners, and the platform from abuse and harm
• Ensure lawful, ethical, and fair use of the Services by all user types
• Define the prohibited conduct and content standards that all users must observe
• Establish NewAudia's enforcement rights and remedies

This policy applies to all interactions with the Services, whether automated or manual, and to all user roles including Readers, Authors, Publishers, and Administrators.

2. Permitted Use

You may use the Services solely for lawful purposes and in accordance with:

• This Acceptable Use Policy
• The NewAudia Terms of Service
• The NewAudia Author Publishing Agreement (Authors and Publishers only)
• All applicable local, state, federal, and international laws and regulations

3. Prohibited Conduct

You may not engage in any activity that NewAudia determines, in its sole discretion, to be abusive, harmful, deceptive, or unlawful. The categories below are illustrative and not exhaustive.

3.1 Legal and Rights Violations

You may not:

• Violate any applicable law or regulation
• Infringe any intellectual property right, including copyright, trademark, or trade secret
• Violate any privacy right, right of publicity, or contractual right of any third party
• Distribute, reproduce, or publish content without proper authorization from all applicable rights holders

3.2 Platform Abuse and Security Violations

You may not:

• Circumvent, disable, or interfere with access controls, rate limits, or billing and payment systems
• Scrape, crawl, index, or harvest data from the Services without NewAudia's prior written authorization
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code or underlying systems
• Attempt to gain unauthorized access to any account, system, database, or infrastructure component of the Services
• Use automated scripts, bots, or other mechanisms to interact with the Services in a manner inconsistent with normal human use

3.3 Harmful or Disruptive Behavior

You may not:

• Upload, transmit, or introduce malware, viruses, exploits, ransomware, or any other harmful or malicious code
• Interfere with or degrade the performance, stability, or availability of the Services or any connected infrastructure
• Harass, threaten, intimidate, or abuse other users, Authors, Publishers, or NewAudia staff
• Impersonate NewAudia, its employees, or any other person or entity

3.4 Prohibited Content — All Users

You may not upload, submit, post, transmit, or otherwise make available through the Services any content that:

• Is defamatory, fraudulent, deceptive, or materially misleading
• Infringes any copyright, trademark, trade secret, right of publicity, or other intellectual property right
• Constitutes, promotes, or facilitates illegal activity, including hate speech, incitement to violence, or discrimination based on race, religion, gender, sexual orientation, national origin, or disability
• Is sexually explicit, pornographic, or obscene
• Depicts, promotes, or facilitates harm to minors in any form
• Invades the privacy of any identifiable living person without their consent
• Consists of spam, artificially generated filler text, or content designed solely to manipulate Platform metrics, reader engagement statistics, or Commission calculations
• Contains malware, harmful code, or any mechanism intended to damage, interfere with, or gain unauthorized access to the Services or any user's systems
• The submitting user does not have the full legal right to publish and distribute

3.5 Prohibited Conduct — Authors and Publishers

In addition to the restrictions above, Authors and Publishers may not:

• Misrepresent authorship, ownership, or the licensing status of any Manuscript
• Submit a Manuscript that is currently the subject of a copyright infringement claim or legal proceeding without prior written disclosure to NewAudia
• Engage in any conduct intended to game, manipulate, or artificially inflate Commission earnings, Reader Credit consumption statistics, or engagement metrics
• Submit substantially identical or duplicate Manuscripts under different titles for the purpose of circumventing ingestion fees or Platform policies
• Use the Publisher Portal to manage authors whose Manuscripts have been previously removed or banned from the Services

4. Manuscript Upload Fees

The following fees apply to Manuscript ingestion through the NewAudia platform. These fees support platform infrastructure, AI narration processing, and cloud storage operations.

All ingestion fees are non-refundable once a Manuscript has been submitted for processing, regardless of outcome. Fees paid in connection with any Manuscript found to violate this AUP, the Author Publishing Agreement, or Community Standards — or associated with a suspended or permanently banned account — are expressly and irrevocably non-refundable.

5. Enforcement and Remedies

NewAudia reserves the right, in its sole and unreviewable discretion, to take any of the following actions in response to actual or suspected violations of this AUP, the Terms of Service, or the Author Publishing Agreement:

• Investigate suspected violations using platform logs, content analysis, and any other available methods
• Remove, restrict, or withhold from public access any content, Manuscript, or Audiobook
• Suspend or restrict access to an account, temporarily or permanently
• Permanently ban an Author, Publisher, or Reader from the Services, including all associated accounts
• Forfeit any unpaid Commissions or earned credits associated with non-compliant Manuscripts or banned accounts
• Report conduct to law enforcement or regulatory authorities, and cooperate fully with any resulting investigation or proceeding
• Pursue legal remedies available under applicable law

Enforcement actions may be taken without prior notice. NewAudia is not obligated to provide a reason for any enforcement action. NewAudia's exercise of any enforcement right shall not be deemed a breach of any agreement with the affected user.

6. Reporting Violations

If you believe a user, Author, Publisher, or piece of content on the Services is in violation of this AUP, the Terms of Service, or applicable law, please report it to NewAudia promptly using the contact information below. Reports of copyright infringement should include sufficient detail to allow NewAudia to identify the content in question.

7. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranty of any kind, whether express, implied, or statutory. NewAudia disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NewAudia does not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

8. Limitation of Liability

To the maximum extent permitted by applicable law, NewAudia's total cumulative liability to any user for any claim arising under or related to this AUP shall not exceed fifty dollars ($50.00 USD). NewAudia shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or lost data, even if advised of the possibility of such damages.

9. Policy Updates

NewAudia may update this AUP at any time by posting a revised version on the Services. NewAudia will use reasonable efforts to notify users of material changes via email to the address on file. Continued use of the Services following notice of any update constitutes acceptance of the revised AUP.

Version History