Welcome to Tinnitus Aid. Make sure you read these terms carefully because, by using Tinnitus Aid and/or subscribing, you are agreeing to all the terms and conditions set forth herein, including our Privacy Policy (the “Agreement”). This is a valid legal and binding agreement. If you disagree with any terms of this Agreement, do not use Tinnitus Aid or subscribe.
1. Use of the App; App Updates, Changes, and Limitations.
1.1 Our App evolves. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain features of the App. We may also update our App, which might not work properly if you don’t install the updates.
1.2 The features of the App change frequently, and their form and functionality may change without prior notice to you.
1.3 We may provide updates (including automatic updates) for certain features as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our App features may not properly operate if you do not install all Updates. You acknowledge and agree that the App features may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that this Agreement (and any additional modifications of the same) will apply to any and all Updates to the App. We may change, suspend, or discontinue any or all of the App or its features at any time, including the availability of any feature. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. We may also impose limits on certain features of the App or restrict your access to part or all of the App without notice or liability.
2. App Stores.
If you download the App from a third-party app store (the “App Provider”), you acknowledge and agree that:
2.1 The Agreement is an agreement between you and Phase4 Mobile, and not with the App Provider. Phase4 Mobile is solely responsible for its applications.
2.2 The App Provider has no obligation to provide any maintenance and support services with respect to the App.
3. Payment Terms.
If you choose to subscribe to any of our enhanced, paid subscription services, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.
3.1 We offer certain premium versions of the App (e.g., Premium Subscriptions) (the “Premium Services”) for a fee. By signing up for and using the Premium Services, you agree to this Agreement, and any additional terms and conditions provided here.
3.2 The Premium Services provide you access to certain enhanced content, features and functionality (e.g., an ad-free experience). By signing up for and using the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as ongoing subscription fees).
3.3 The applicable fee for the Premium Services may be denominated in your local currency in the iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. Phase4 Mobile relies on the App Store to collect fees and to report on the status of accounts. Your access to the Premium Services may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly.
3.4 If you sign up for Premium Services, your Premium Services will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term. Uninstalling the App will not automatically cancel your Premium Services or turn off auto-renewal, and you may continue to access the Premium Services after uninstalling the App. You must cancel your Premium Services or turn off auto-renewal to end recurring charges. If you uninstall the App without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. Phase4 Mobile reserves the right to change Premium Services fees at any time.
3.5 TO CANCEL YOUR APP SUBSCRIPTION, PLEASE VISIT THE GOOGLE PLAY STORE OR APPLE APP STORE. Canceling a subscription or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term. We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store.
4. Proprietary Rights.
4.1 License/Restrictions. We grant to you a non-transferable, non-sublicensable, non-exclusive, personal license to use Tinnitus Aid. You agree not to copy, sell, distribute, reverse engineer, or create derivative works based on Tinnitus Aid, in whole or in part.
4.2 Our Proprietary Rights. You will honor and respect our proprietary rights in the App including, but not limited to, copyrights, trademarks, patents, and any other intellectual property rights. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any sounds, images, or text in the App. If you make other use of the App, except as otherwise provided above, you may violate copyright and other laws of the United States, Canada, other countries, as well as applicable state or provincial laws and may be subject to liability for such unauthorized use. Phase4 Mobile will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. Term and Termination.
The “Term” of this Agreement begins when you download and use Tinnitus Aid and continues for as long as you use the App. We may cancel and terminate this Agreement for any reason and at any time. We may suspend your use of the App at any time, with or without cause.
6. Disclaimers; Limitation on Liability.
6.1 We are not a health care or medical device provider, nor should our App be considered medical advice. Only your physician or other health care provider can do that. We make no claims, representations or guarantees that the App provides health benefits.
6.2 Your use of the App is not intended to be a substitute for professional medical advice based on your individual condition and circumstances. You assume full responsibility for your decisions and actions in your use of the App. In particular, to the fullest extent permitted by law, we make no representation or warranties about the suitability of the App for any purpose of your use.
6.3 Tinnitus Aid is provided and made available on an “as is” basis, with all faults and defects without warranty of any kind, and any use thereof by you is at your sole risk. Without limiting the foregoing, We make no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App or Premium Services; (ii) that the App will be error-free; or (iii) that the App is free of viruses, malware, or other harmful components.
6.4 WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE ACCURACY OR USEFULNESS OF THE APP OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM PAST PRACTICE OR TRADE USE.
6.5 IN NO EVENT SHALL WE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE APP OR SOFTWARE, REGARDLESS OF WHETHER IN CONTRAST OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE THAT OUR LIABILITY IS SPECIFICALLY LIMITED TO THE AMOUNT PAID TO AND RECEIVED BY US FOR THE APP PROVIDED THE MONTH BEFORE. YOU WAIVE ALL RIGHTS OF RECOVERY OF ANY DAMAGES, WHETHER ACTUAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL, THAT YOU MAY INCUR OVER AND ABOVE THE LIMITATIONS SET FORTH HEREIN.
7. Indemnification.
You agree to defend, protect, indemnify, and hold us harmless from and against any and all claims, costs, expenses and liabilities (including attorney fees) made or asserted by any third party. If any action or proceeding is brought against us by reason of any such matter subject to this indemnity, you will defend such action at your sole cost with legal counsel satisfactory to us. We will be promptly notify you in the event that any claim or demand is made by a third party that may give rise to this provision. Any settlement of any such action shall require our prior written consent, which consent shall not be unreasonably withheld.
8. Equitable Remedies.
If you violate this Agreement then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
9. Miscellaneous
9.1 Entire Agreement. This Agreement, including our Privacy Policy, constitutes the complete and entire expression of the agreement between us with respect to your use of Tinnitus Aid, and supersedes any and all other agreements, whether written or oral, between us.
9.2 Amendment. Amendments or changes to this Agreement won’t be effective until we post revised Terms of Use.
9.3 Assignment. This Agreement may not be assigned or transferred by you without our prior written consent.
9.4 Attorney Fees. If we file an action against you claiming you breached this Agreement and we win, we’re entitled to recover our reasonable attorney fees and any damages or other relief we may be awarded.
9.5 Subpoena Fees. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
9.6 Governing Law. This Agreement shall be governed by and construed under the Laws of the State of Oregon, as such laws are applied to contracts entered into and to be performed in such state between residents thereof. The venue for any litigation shall be Washington County, Oregon.
9.7 Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected.
9.8 Survivability. If this Agreement is terminated, the following sections will continue to apply: Proprietary Rights; Disclaimers, Limitations on Liability; Indemnification; Governing Law; Severability; and Entire Agreement.