TERMS & CONDITIONS
Thank you for registering to use SonicCloud. SonicCloud is created by Sonitum, Inc. These Terms of Conditions (“TOC” or “Terms”) govern the use of the SonicCloud mobile app and SonicCloud.com (collectively “SonicCloud”). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store,). When you register (“Register”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the the Products.
BASIS OF TERMS
(a) These Terms and the Register and or Subscription set out the whole agreement between you and us for the supply of the Products. In order to participate in certain products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms prior to Registering and or Subscribing are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask use to confirm any changes in writing, as we are only accept responsibility for statements and representations made in written by an officer of Sontium, Inc.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDED THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSE OF OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND OTHER COUNTRIES OUTSIDE OF THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION WHICH EXIST IN YOUR COUNTY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES.
CHANGE OF TERMS
Sonitum Inc, reserves the right to change or update these Terms, or any other of our policies or terms, at any time, and will notify users by posting such changed or updated Terms inside the SonicCloud application, specifically in the Terms and Conditions page which can be accessed by entering the Account Settings section of the SonicCloud application. In addition, changes to terms will be posted on www.soniccloud.com. Any changes or updates will be effective immediately upon posting such changed or updated Terms inside the SonicCloud application and or on the SonicCloud website. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Note – under certain circumstances we may also choose to notify you of changes or updates to our Terms by other means, such as an in-app notification, sms message, inside the product and or by email communication.
YOUR ACCOUNT INFORMATION AND EMAIL
SonicCloud provides a personalized content experience. When you register for an account, we require you to provide information about yourself, including your email address and a password (“Account Information“).
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, terms and conditions updates, and other matters.
You may choose to opt out of much of this email correspondence by emailing us at firstname.lastname@example.org, include “Opt out” in the subject line. Note opt out may be available in the SonicCloud App in the Account Settings page.
Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
SonicCloud is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store SonicCloud content in any form outside of SonicCloud and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any SonicCloud content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in SonicCloud. All intellectual property rights in SonicCloud are, as between you and Sonitum, Inc, the sole and exclusive property of Sonitum, Inc.
We appreciate when you provide us feedback through customer service or by email or social features, but we reserve the right to use any feedback, comments, in app feedback, or suggestions without any obligations to you.
Registration & Subscription
REGISTERING WITH SONICCLOUD
You may sign up as a registered user of the SonicCloud app for free for a trial period or subscribe to the service.
(a) To register you must submit your email address to us, phone number, first and last name and username (“email address”) and password to be used in conjunction with the email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device.
You acknowledge and agree that you are solely responsible for the accuracy.
(c) By registering with SonicCloud or Subscribing to the service, you agree that:
* You are legally capable of entering into binding contracts
* All registration information you submit is truthful and accurate
* You will maintain the accuracy of such information
* You use of the products does not violate any applicable law or regulation.
ONCE A REGISTERED MEMBER OR SUBSCRIBER
You are responsible for maintaining the confidentiality of your account, password and other access to your mobile device to further help protect such information. You are responsible for updating your user information.
USE OF SONICCLOUD BY MINORS
You must be 18 years of age to register for SonicCloud. Individuals under the age of 18, may use SonicCloud only with the consent of a parent or a legal guardian.
REGISTERING FOR SONICCLOUD
SonicCloud’s Hearing Assessment, Refinement Tuning and App is not intended to diagnose, prevent, monitor, treat, alleviate or compensate for a disability or a handicap, or to be used for a medical purpose. If you think you have hearing problems, please consult your doctor, or other qualified healthcare professional before using this App.
For the avoidance of doubt, use SonicCloud’s Hearing Assessment, Refinement Tuning and App at your own risk. Sonitum, Inc does not take any responsibility for direct or indirect damage that could result from the use of SonicCloud products and services. Contact a healthcare professional if you are concerned about your results, but also if you think that your hearing may not be as good as expected or if you have noticed a sudden deterioration in your hearing.
By agreeing to Register to be a user of SonicCloud you opt in to receiving occasional special offers, marketing, survey and Product based communication emails. You can unsubscribe from SonicCloud commercial emails by following opt out instruction in these emails.
(a) SonicCloud registers may subscribe to SonicCloud in two ways:
* Free Trial: a free-of-charge program, which gives unlimited access to SonicCloud
for a set amount of days. Trials are subject to change and may range from 7 days
to 60 Days.
* Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the designated length of the Free Trial. All subscription services provide access through SonicCloud. You can become a subscriber by purchasing a subscription through SonicCloud from the Apple iTunes Store and Google Play Store. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. All monthly subscriptions automatically renew at the end of 30 days.
(b) SonicCloud offers monthly subscriptions services starting at $9.99, note additional rate changes are covered by this document which might include an advanced version of a Sonitum, Inc product. Yearly subscription services may be offered. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days and two years constitutes 730 calendar days.
CANCELLING THE SERVICE
While we hope you enjoy using SonicCloud, you may cancel your account at any time by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
SonicCloud requires the use of iPhone, additional Apple IOS devices may work with SonicCloud.
“Gift Subscriptions” are pre-paid memberships to the SonicCloud service. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”.
Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The SonicCloud gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including the free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. SonicCloud will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. SonicCloud is not responsible if a Gift Subscription is lost, stolen or used without permission.
Sonitum, Inc may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the SonicCloud services. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing email@example.com
SonicCloud mobile app provides crystal clear sound to users by creating a unique hearing fingerprint. The service uses up to 20 different hearing assessments to set the optimal level for each user. While SonicCloud conducts a hearing assessment, the service is not designed to diagnose, monitor, or treat hearing related issues.
The SonicCloud mobile app and website www.soniccloud.com do not contain medical services or products which can be used to cure medical conditions. While using SonicCloud can make a dramatic difference for people who struggle to hear, the SonicCloud mobile and our services by no means is a replacement for traditional medical assistance. If you’re experiencing any kind of medical issue please see a doctor. If you’re experiencing a major medical issue please dial 911 or call your local emergency services.
General Terms & Conditions
SonicCloud is not designed or intended to self-diagnose, monitor, prevent, alleviate or treat any disease, injury, handicap or disability. If you think that your hearing may not be as good as expected or if you have noticed a sudden deterioration in your hearing, please contact health care professional or doctor prior to using the app. Sonitum, Inc, the developers of the service don’t take any responsibility for direct or indirect damage that could result from its use. The service not been certified by the FDA (USA).
YOU AGREE THAT USE OF SONICCLOUD IS AT YOUR OWN SOLE RISK AND THAT SONICCLOUD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONITUM, INC AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING SONICCLOUD INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
You Understand and agree thatSonicCloud, a service ofSonitum, Inc is not a replacement for your mobile
phone or fixed line telephone and is not capable of making calls or receiving calls to or from emergency
alternative communication service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SONTIUM, INC OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO SONITUM, INC (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO SONICCLOOUD; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF SONICCLOUD; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SONITUM, INC AND YOU. YOU UNDERSTAND THAT SONICCLOUD WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
DIGITAL MILLENNIUM COPYRIGHT
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on SonicCloud, you may contact our designated agent by email to firstname.lastname@example.org
You will indemnify and hold harmless Sonitum, Inc, its affiliates, officers and/or employees, including by paying costs and attorney’s’ fees, from any claim or demand made by any third party due to or arising out of your access to SonicCloud, Your Content, or the violation of the TOC by you.
You have read the foregoing description of limitations and disclaimer. You understand there is a potential that You could be exposed to sounds which may be uncomfortable, painful or too loud, and fully understand these risks. Having been fully informed of these risks, You, nonetheless, agree to the use of SonicCloud. By registering for an account, you also agree and release Sonitum from any claim, liability, complaint, charge, duty, obligation, demand, or cause of action relating to any potential injuries or damages of any kind, whether presently known or unknown, suspected or unsuspected, anticipated or unanticipated (as well as those that are disclosed herein) arising out of or in connection with the use of the app described above in the TOC.