TERMS OF SERVICE

General Information      

SONICCLOUD PRODUCTS Thank you for registering to use SonicCloud. SonicCloud is created by Sonitum, Inc. These Terms of Service (“TOS” or “Terms”) govern the use of the SonicCloud mobile app and www.soniccloud.com (collectively “SonicCloud”).  Please read these Terms of Service, carefully before ordering any Products from the Website or third-party App stores (e.g. the Apple App Store, Google 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 the purchase and/or gain access to the Product(s). By using the Products, you indicate that you accept these Terms and that you agree to abide by them. You may only use the Products if you agree to these Terms of Service.

BASIS OF TERMS (a)These Terms and the Register and or Subscription set out the whole agreement between you and Sonitum, Inc. for the supply of the Products. In order to access certain products, you may be required to agree to additional terms of service; those additional Terms are hereby incorporated into these Terms. Where such Terms are inconsistent with these Terms, the additional terms shall control.

(b)AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSE 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 PROTECTION FOR YOUR PERSONAL INFORMATION WHICH EXIST IN YOUR COUNTRY 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 of Service page which can be accessed by entering the ‘My 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 Products 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 of Service updates and other matters.

You may choose to opt out of marketing emails and other correspondence by clicking “unsubscribe” in the email or by notifying us at support@soniccloud.com

Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation, password reset emails, or any support tickets that you may send in.

INTELLECTUAL PROPERTY 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, phone number (Optional), 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.

(b)In the course of your use of SonicCloud, you may be asked to provide certain personalized information to use. This user information may include information from third party social networking profiles like Facebook. Information collection and use policies with respect to the privacy of such user information can be located in the SonicCloud Privacy Policy.

You acknowledge and agree that you are solely responsible for the accuracy and

(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 *Your 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 As a registered user of SonicCloud you will receive access to certain features of SonicCloud, including a Hearing Assessment. As a registered user you agree to all of the Terms laid out in the Terms of Service and Privacy Policy of 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 notice a sudden change or decrease in your hearing, 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 don’t take any responsibility for direct or indirect damage that could result from the use of SonicCloud products and services.  

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 instructions in these emails.  

SONICCLOUD SUBSCRIPTION  (a)Registered SonicCloud users 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 AppStore or Google Play. Please note that if you purchase a subscription through your smartphone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple or 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. 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 30calendar days, a year constitutes 365 calendar days and two years constitutes 730 calendar days.  Pricing can be changed at any time, for no reason at all.

CANCELING THE SERVICE While we hope you enjoy using SonicCloud, you may cancel your account at anytime.  Unfortunately, we cannot cancel the subscription for you.  If you purchased your SonicCloud subscription through Apple, click on this link How to cancel a subscription from Apple or cancel according to the current process outlined by Apple.  If you purchase a subscription through the Google Play store you may cancel automatic renewals by accessing this link Cancel, pause or change a subscription on Google Play -Computer - Google Play Help, or according to the current process outlined by Google Play.

DEVICE REQUIREMENTS SonicCloud works on both iPhone and Android smartphones, plus additional Apple iOS, macOS or Windows devices may work with SonicCloud Products.

CHANGING FEES 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. If you do not agree to the change, you may cancel your subscription as described in the Canceling The Service section above.

MEDICAL DISCLAIMER SonicCloud mobile app provides crystal clear sound to users by creating a unique hearing fingerprint. The service uses up to 20 different user responses to set the optimal level for each user’s abilities/preferences. 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 help personalize audio, the SonicCloud mobile app 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 medical doctor or licensed medical practitioner. If you’re experiencing a major medical issue please dial 911 or call your local emergency services.

GENERAL TERMS OF SERVICE

DISCLAIMER SonicCloud is not designed or intended to self-diagnose, monitor, prevent, alleviate or treat any disease, injury, handicap or disability. If you have noticed a sudden change or deterioration in your hearing, please contact your healthcare professional or doctor prior to using the app. The Sonitum, Inc, the developers of the service, and/or it’s employees or contractors, do not take any responsibility for direct or indirect damage that could result from the use of it’s products or services.

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, EXPRESS OR IMPLIED, REGARDING SONICCLOUD INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT.  

NOACCESS TO EMERGENCY SERVICES You understand and agree that SonicCloud, a service of Sonitum, Inc is not are placement for your mobile phone or fixed line telephone and is not capable of making calls or receiving calls to or from emergency services including calls to 911. To make calls to 911 and or other emergency services you must use an alternative communication service.

LIMITATION OF LIABILITY IN NO EVENT SHALL SONITIUM, 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 SONICCLOUD; (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 info@soniccloud.com

INDEMNITY 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 TOS by you.

ADDITIONAL TERMS 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 TOS.