Terms & Conditions
Revised: June _, 2024
These Terms of Use (these “Terms”) set forth the terms and conditions by which Neurotone AI, Inc., a Delaware corporation (“Neurotone”, “us”, “our”, and “we”) makes available: (i) the download, access, and/or use of our applications (each, an “App”), and/or (ii) any services, software, applications, plug-ins, components, functionality, or programs provided or offered now or in the future via our website www.laceauditorytraining.com and its associated webpages and subdomains, if any, or Apps (collectively, the “Services”). These Terms apply to you, a user of the Services, and constitute a binding legal agreement between you, as an individual, or if you are using the Services on behalf of an entity, the legal entity that you represent (“you”) and us.
THESE TERMS, ALONG WITH OUR PRIVACY POLICY AVAILABLE AT [_______] (“PRIVACY POLICY”), SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY DOWNLOADING THE APP OR REGISTERING FOR, ACCESSING OR USING THE APP OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND/OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. Hneurotone does not specifically collect information about children and the services are not directed to children. If we learn that neurotone has collected information from a child under the applicable age, we will delete that information as quickly as possible. If you are under the required age, we will only process your information upon receipt of verified consent from a parent or legal guardian. We recommend that anyone under the applicable age required by law ask and receive their parents’ or guardians’ permission before using neurotone or sending information about themselves or anyone else over the Internet.
Neurotone may change these Terms at any time by posting the amended Terms on the App and/or providing a notice to you through the Services. If you do not agree to these Terms as amended, you must stop using the Services and cancel your account. Your continued use of the Services after the date the amended Terms are effective will constitute your acceptance of the amended Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 16) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Not Medical Advice
You understand and agree that Neurotone is not a medical professional or healthcare provider and nothing provided through the Services should be construed as medical advice and no doctor-patient relationship exists, or is created, between you and Neurotone or any Neurotone personnel. Any content or data accessed or generated through use of the Services is for informational purposes only and is not a substitute for the professional judgment of your health care providers. The Services should be used in concert with your audiologist, physician or other healthcare provider. You agree that you have consulted with your own healthcare provider regarding use of the Services. Always seek the advice of your audiologist, physician or other healthcare provider before following or changing any medication, treatment or regimen. Only your audiologist, physician, or other healthcare provider can provide you with advice on what is safe, appropriate and effective for you. If you have any questions regarding your condition, treatment, or healthcare or any alerts, warnings or information provided through use of the Services, please contact your audiologist, physician or other healthcare provider. Do not disregard professional medical advice or delay in seeking it because of content on the Services. Use of the Services is solely at your own risk, and Neurotone is not responsible or liable for any loss or damage of any kind that may result from your use of the Services or reliance on any content made available to you through the Services.
2. Definitions
(a) Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a Neurotone account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
(b) Authorized Provider. A healthcare provider, healthcare practice, or hospital that has recommended use of the Services and/or that you authorize to provide and receive information about you and your personal medical needs and events, which may include personal health information, through the Application and Services.
(c) Dependent. A Dependent is a minor child or other individual for whom an Authorized Individual-Representative is the legal representative.
(d) Personal Information. Personally-identifying information, including your name, mobile number, address and any User Health Data.
(e) User Health Data. Any personal information relating to your health that is collected and transmitted to the Services.
(f) Intermediary App. Any third-party intermediary software application.
3. Your Account; Authorized Individuals
You must provide accurate and complete registration information when you register to use the Services, or, if your account has been created by your Authorized Provider, you may need to provide an access code or other personal information to access such account. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) if certain medical records or other personal information is associated with an account, you have the legal right to access and view the same. You may cease use of the Services at any time, for any reason, by following the instructions provided through the Services. Neurotone may suspend or terminate your account in accordance with Section 11. If your account was created through a relationship between Neurotone and your Authorized Provider, you understand that we will not be obligated to maintain your account or your use of the Services, including information associated with your account, upon termination of the relationship between Neurotone and the Authorized Provider.
You are responsible for the security of your account log-on information and passwords and for any use of your account using such log-on information or passwords. You agree to notify us promptly of any unauthorized access to or use of your account. We cannot and will not be responsible for any loss or damage caused by your failure to comply with these requirements. Neurotone reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.
Neurotone may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual-Representative, and by doing so, you certify that you have such authority. You understand and agree that the Services will transmit User Health Data to your Authorized Providers and may permit your Authorized Providers to communicate with you or your Authorized Individual Representatives about your health status through the Services.
4. Use of the Services
The Services are provided to you for your personal, noncommercial use. The Services are intended to help you manage your hearing loss or difficulties by improving listening and comprehension skills. You understand and agree that the Services are intended only as a tool for use in conjunction with advice and recommendations from your healthcare provider. Neurotone may also utilize the Services to send you notifications relating to your use of the Services, including reminders, customer service notifications, and notifications relating to any potential data breach, and you hereby agree to receipt of such Neurotone messages. You agree that we may contact you via email, notifications in and through the Services, telephone, cell phone and/or SMS/text messages in connection with or as part of the Services.
5. User Information
You may provide certain Personal Information directly, including during the registration process and through use of the Services. When you provide Personal Information through the Services, you provide Neurotone authorization to use and distribute it in connection with the Services, including forwarding such information and allowing access to such information to your Authorized Providers. Neurotone will use Personal Information only as permitted by the Privacy Policy, these Terms, and applicable law, or as otherwise expressly consented to by you. Neurotone is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. See below our disclosures regarding our compliance with applicable Health Privacy Laws.
You shall retain ownership of all information and data you provide to Neurotone through the Services, including without limitation, any Personal Information and other text, graphics, audio, video, photographs and other materials you may store, post, distribute or provide through the Services (“User Content”). You are solely responsible for your User Content. You hereby grant to Neurotone the right to use and access the User Content as necessary or appropriate for the provision of the Services, including the reproduction, display, modification and distribution of the User Content through the Services.
6. Providers.
Neurotone has executed a separate written agreement for use of the Services with the Authorized Provider. If you are being granted use of the Services in connection with your treatment by an Authorized Provider, you hereby acknowledge and agree that Neurotone is relying on you to review and assess the qualifications of your Authorized Providers and to make appropriate decisions with respect to your own healthcare, including use of the Services, and Authorized Providers. Neurotone does not examine the credentials of, perform background checks on, or give its endorsement to any Authorized Provider or the Authorized Provider’s recommendations, advice or treatments.
As part of the Services, your Authorized Providers will be able to receive and provide Personal Information about you, which may include personal health information and questions and information regarding your health status. You may use the Services to share Personal Information with such Authorized Providers. You understand that any decision to use the Services is entirely voluntary. You understand that if you authorize an Authorized Provider to access your Personal Information in the Services and communicate with you via the Services, that Authorized Provider may permit their staff and other authorized users within their facility or office to use the Services to access your Personal Information and communicate with you as well. You acknowledge and agree that Neurotone is not responsible for any Authorized Provider misidentifying itself or any misuse of the data by such Authorized Providers or their authorized personnel. In any such event, Neurotone’s sole liability and responsibility shall be to discontinue access to your account by the applicable entity and/or individual(s).
Authorized Providers may be “covered entities” as defined in and for the purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”) and the regulations adopted thereunder (collectively and as may be amended “Health Privacy Laws”). If we store, process or transmit individually identifiable health information (as defined under the Health Privacy Laws) on behalf of a covered entity, we may do so as “business associate” and as set forth in a separate business associate or provider agreement. In such cases, Neurotone is obligated to treat the individually identifiable health information in accordance with the applicable Health Privacy Laws.
You may discontinue use of the Services and revoke any Authorized Provider's permission to (a) communicate with you through the Services; (b) access your information or account through the Services; or (c) receive or provide Personal Information to your account through the Services. However, copies of all of your Personal Information previously disclosed to such Authorized Providers may be retained by such persons or entities. Neurotone cannot, and has no obligation to, remove such information from the Authorized Providers.
7. Fees
As consideration for the license granted to you by Neurotone, you shall pay to Neurotone or your Authorized Provider the fee specified on Neurotone’s website or the third-party application from which you are accessing the App and/or Services. Please note that depending on the App selected, you may be required to pay a renewal fee at the end of any specified term if you wish to continue use of the App. Upon completing your initial registration and paying the specified fee, you will be sent an access code which will allow you to create a new account in the App. Your Authorized Provider may assist in your registration for the App.
Neurotone may offer additional service offerings such as cognitive behaviorial lessons or other special features to help in your treatment. Such additional service offerings may require an additional fee or charge. All fees associated with any such additional offering will be listed on our website.
8. Neurotone Proprietary Rights
Neurotone and its licensors own all proprietary rights to the App and the Services and all content and technology related thereto, except for your Personal Information or other User Content. Neurotone grants you a personal, revocable, non-assignable, and non-exclusive license to download the App to your web browser, mobile, and/or online device and to use the Services in accordance with these Terms. You may use the App and Services solely for your own personal, noncommercial use. All rights in and to the App and Services not expressly granted herein are reserved by Neurotone. If you provide us with any feedback or suggestions regarding the App or Services (“Feedback”), you assign to Neurotone all rights in such Feedback and agree that we may use the Feedback in any manner we deem appropriate, without attribution or consideration to you.
9. Restrictions on Use
You shall not license, sublicense, copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute or commercially exploit any of the App, Services or any other proprietary content or material in the Services. You are not permitted to access or use the Services in order to monitor its availability, performance or functionality, for any benchmarking purposes or to build a competitive product or Services. Except as expressly set forth herein, you have no right, title or license to any of Neurotone’s or its licensors’ intellectual property. You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Services, (ii) attempt to interfere with the proper working of the Services, or (iii) take any action that imposes an unreasonable or disproportionately large load on Neurotone’s infrastructure.
10. Maintenance and Support
Neurotone may make available to you from time to time at no additional charge, updates, revisions and new versions of the App, and you agree to accept all such updates, revisions and versions. All updates, modification, revisions and new versions of the App will be subject to these Terms. Neurotone will provide reasonable telephone or email support for use of the Services and use reasonable efforts to maintain availability of the Services. You understand and agree that Neurotone’s support will be limited to technical support for use of the App and Services and that Neurotone will not provide, and will not be responsible for providing, any medical, healthcare or other information or support. You must contact your Authorized Provider or other healthcare provider for any questions relating to your health concerns. You understand and agree that from time to time the App and Services may be unavailable due to maintenance or technical issues.
11. Modification and Termination
Neurotone may place limits on, modify, suspend or terminate all or any portion of the Services at any time without prior notice. Additionally, notwithstanding the rights you may have to your User Content, Neurotone may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated these Terms. You are solely responsible for maintaining your own copies of any User Content maintained within the Services or of any communications received through the Services. Neurotone assumes no liability for any information removed from the Services. Neurotone also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Services, you must cease all use of the Services.
You also have the right to terminate your Neurotone account. You may delete your Neurotone account at any time by using the functions available through the Services and deleting the App from your web browser, mobile, or online device.
12. Reliance on Devices and Intermediary Apps and User Content
The Services are dependent on the information provided by your Authorized Providers, the Intermediary Apps (if any), and your User Content. You understand and agree that Neurotone shall not be responsible or liable for any inaccurate results or information or other loss or damage resulting from incomplete, inaccurate, untimely or delayed information provided by your Authorized Providers, Intermediary Apps or in your User Content.
13. Exclusion of Warranties
THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEUROTONE DOES NOT WARRANT THAT THE APP OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT THE APP OR SERVICES WILL BE TOTALLY SECURE. WE WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL INFORMATION OR DATA TO THE EXTENT SUCH INFORMATION OR DATA IS BEING TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM BEYOND THE CONTROL OR JURISDICTION OF NEUROTONE. YOU UNDERSTAND THAT WE WILL TRANSMIT, MONITOR, RETRIEVE, STORE, AND USE INFORMATION YOU SUBMIT IN CONNECTION WITH THE USE OF THE SERVICES. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE TRANSMISSION OF ANY INFORMATION YOU SUBMIT, OR ANY THIRD PARTIES’ USE OR MISUSE OF INFORMATION TRANSMITTED USING THE SERVICES.
NEITHER NEUROTONE NOR ANY OF OUR LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER NEUROTONE NOR ANY OF OUR LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICES SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE.
14. Limitation of Liability
NEITHER NEUROTONE NOR ANY OF ITS LICENSORS, VENDORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICES, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES, INCLUDING ANY CONTENT AVAILABLE ON THE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY NEUROTONE AND WHETHER OR NOT NEUROTONE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER NEUROTONE NOR ANY OF ITS VENDORS, LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16. Governing Law; Arbitration Agreement
These Terms are governed by Florida law without giving effect to the conflict of laws rules thereof.
Arbitration Agreement. Please read the arbitration agreement set forth in this section (“Arbitration Agreement”) carefully. The Arbitration Agreement is part of your contract with Neurotone and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or Services provided by Neurotone shall be resolved by binding arbitration on an individual basis under the terms of the Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in Gainesville, Florida and in the English language. The Arbitration Agreement applies to you and Neurotone, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute describing the nature and basis of the claim or dispute, and the requested relief (“Notice”). Any Notice to Neurotone should be sent to: 6625 NW 79th Terrace, Gainesville, FL 32653. After the Notice is received, you and Neurotone may attempt to resolve the claim or dispute informally. If you and Neurotone do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate or if the parties agree not to use AAA, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Neurotone pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Neurotone, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Neurotone.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Neurotone in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NEUROTONE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS AND/OR THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, the Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of the Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of these Terms and the Arbitration Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in the Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of the Arbitration Agreement.
Survival of Agreement. The Arbitration Agreement will survive the termination of your relationship with Neurotone.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under the Arbitration Agreement. Nothing in the Arbitration Agreement limits either party's ability to seek equitable relief.
17. General Legal Terms
For purposes of clarification, these Terms are for end users of the Services. You may not transfer or assign your rights or obligations under these Terms. If Neurotone and an Authorized Provider have entered into a separate business associate or services agreement, such other agreement shall control the relationship of Neurotone and such Authorized Provider with respect to its subject matter. Neurotone shall not be liable for any failure or delay in the Services due to causes beyond its reasonable control, including but not limited to war, sabotage, terrorist activities, riot or other acts of civil disobedience, act of any government affecting these Terms or performance hereof, accident, fire, explosion, flood, hurricane, severe weather or other acts of God, failure of telecommunication or internet service provider and denial of service attacks or similar attacks. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose, and the other provisions of these Terms shall remain in full force and effect.
18. Third Party Application Stores.
If you are accessing the Services via an application obtained through the Apple App Store, Google Play Store, or other third-party application market (each an “App Market”), the following shall apply:
(a) Both you and Neurotone acknowledge that these Terms are concluded between you and Neurotone only, and not with the App Market or its provider, and that neither the App Market nor its provider is responsible for the App or Services, or the content therein;
(b) You will only use the App in connection with the App Market device that you own or control and as permitted by the usage rules set forth in the applicable App Market terms of use;
(c) Both you and Neurotone acknowledge and agree that neither the App Market nor its provider has any obligation whatsoever to furnish any maintenance or support services with respect to the App;
(d) In the event of any failure of the App to conform to any applicable warranty, you may notify the App Market and/or its provider of such failure, and the App Market or its provider may, in its discretion and in accordance with its terms of use, refund the purchase price for the App to you. To the maximum extent permitted by applicable law, the App Market and its provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between the App Market provider and Neurotone, be Neurotone’s sole responsibility;
(e) Both you and Neurotone acknowledge that neither the App Market nor its provider, is responsible for addressing your claims or the claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
(f) Both you and Neurotone acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, neither the App Market nor its provider will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(h) Both you and Neurotone acknowledge and agree that the App Market, its provider, and its and its provider’s subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, the App Market and its provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(k) All logos, trademarks and service marks of the App Market and/or its provider, whether registered or unregistered, are the property of the applicable App Market or provider thereof, and not Neurotone.