Last Updated: May 2018
When you create an account, we need to collect certain information that can be used to identify you (PII), such as your name, email address, country, language and device name. We use PII email, name, country and language of the user for customized marketing purposes. The device name is used for identifying and managing active devices within an AppAccount. We do not collect PII if you don’t create an account. If you choose to create an App account via a third-party service such as Facebook, no passwords of the third-party service get transferred to our system. When the authentication is complete, we’ll be able to access certain information based on your permissions from the third-party service. If you make purchases in the App, neither Google nor Apple expose any personal information from the subscription like the name, email or payment information. Only an anonymous Subscription ID or Order ID gets transferred to App. If you create an App Account, this anonymous subscription information gets attached to your record for the purpose of subscription sharing with your App account across multiple devices.
You may at any time exercise the following rights regarding your PII we have stored: Right of access and information, right to rectification, right to erasure, right to restriction of processing and right to data portability. To get access to which PII we have processed about you or to delete your PII and cancel your account, please send an email to firstname.lastname@example.org We’ll take steps to inform you or delete your information as soon as is practicable. Any consent you give us for processing your PII is subject to your withdrawal, which may be exercised anytime and without cause. If you have any concerns about our processing of your PII you may reach us at email@example.com.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. To achieve high availability and low latency, we replicate the data (including your PII) across data-centers and providers in United States and [Europe]. These services are certified under the Privacy Shield Rules.
SOUNDFI SYSTEMS, LLC
14362 N FRANK LLOYD WRIGHT BLVD, STE 1000
SCOTTSDALE, AZ 85260
Terms of Service
Last Updated: May 2018
By using App, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use App. If you are using App on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
We may revise the Terms from time to time. Changes may be posted to our website and within our Apps, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using App.
Your Information and Responsibilities
To use App, you optionally can create an account, either via App or through your account with a third-party service such as Facebook. In the latter case, your App account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.
You may use App only if you are 13 years or older and are not barred from using App under applicable law.
You are responsible for safeguarding the password that you use to access App. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify App of any unauthorized use of your account.
By using App, if you provide us with text, graphics, images and other information (“your content”). You retain full ownership ofyour content. App does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
SOUNDFi Intellectual Property Rights
App and its licensors exclusively own App, including all associated intellectual property rights. You acknowledge that App is protected by copyright, trademark, and other laws of the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying App.
App grants you a limited, non-exclusive, non-transferable license to view, copy, and display App solely in connection with your permitted use of App.
You agree not to do—or attempt to do—any of the following:
Although we’re not obligated to monitor access to or use of App or your content or to review or edit any of your content or the intellectual property of other App users, we have the right to do so for the purpose of operating App, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may suspend App or terminate your access to and use of App, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use App in any way that would cause us legal liability or disrupt others’ use of App. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or posing a danger to other users) where we may suspend or terminate your use immediately. You may cancel your account at any time by sending an email to firstname.lastname@example.org.
APP AND OUR LICENSORS’ INTELLECTUAL PROPERTY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
You will indemnify and hold harmless App and its officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of App or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER APP NOR ANY PARTY INVOLVED IN DEVELOPING, CREATING, PRODUCING, OR DELIVERING APP, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE APP OR OUR LICENSORS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL APP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE APP OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO APP FOR USE OF APP OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO APP, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APP AND YOU.
These Terms and any action related thereto will be governed by the laws of the [State of California] without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between App and you regarding App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between App and you regarding App.If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without App’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. App may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by App under these Terms, including those regarding modifications to these Terms, will be given: (i) by App via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
App’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of App. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at:
SOUNDFI SYSTEMS, LLC
14362 N FRANK LLOYD WRIGHT BLVD, STE 1000
SCOTTSDALE, AZ 85260