SonalifeConnect EULA

This End User License Agreement (“Agreement”) is between you and Sonalife Limited and governs use of this app made available through the Apple App Store. By installing the Sonalife Limited App (“SonalifeConnect”), you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the SonalifeConnect App.

In order to ensure Sonalife Limited provides the best experience possible for everyone, we strongly enforce a no-tolerance policy for objectionable content. If you see inappropriate content, please report this to Sonalife Limited using the in-app function for reporting.

1. Parties

This Agreement is between you and Sonalife Limited only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Sonalife Limited, not Apple, is solely responsible for the SonalifeConnect App.

2. Privacy

Sonalife Limited may collect and use information about your usage of the SonalifeConnect App in accordance with its Privacy Policy, including certain types of information from and about your device. Sonalife Limited may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the SonalifeConnect App.

3. Limited License

Sonalife Limited grants you a limited, non-exclusive, non-transferable, revocable license to use the SonalifeConnect App for your personal, non-commercial purposes. You may only use the SonalifeConnect App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

The SonalifeConnect App belong and shall remain the property of Sonalife Limited or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

You shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Section 3 and you shall take all necessary measures to this effect. All rights not expressly granted to you are reserved and retained.

Any reproduction, representation, distribution, modification, adaptation or translation of any content within the SonalifeConnect App, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of this Agreement or with prior express authorization of Sonalife Limited. Any use of the content within the SonalifeConnect App not expressly authorized by Sonalife Limited shall constitute a violation of this Agreement and a violation of intellectual property rights.

Sonalife Limited is the owner of any databases made available. You shall not extract or reuse any portion of the databases (for the avoidance of doubt in quantitative or qualitative form), including for private purpose.

In connection with the use of the SonalifeConnect App or the content therein, except as specifically permitted by this Agreement, you may not (1) use it in excess of any applicable contractual use limits (including as stated in any ordering document), or in a manner that circumvents use limits or technological access control measures; (2) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share, or otherwise make any of it available for access by third-parties, except as may be otherwise expressly stated herein or in any ordering document; (3) access it for purposes of developing or operating products or services for third-parties in competition with Sonalife Limited, Kit United SAS (Hivebrite) or Apple; (4) disassemble, reverse engineer, or decompile it; (5) copy, create derivative works based on, or otherwise modify it, except as may be otherwise expressly stated in this Agreement; (6) remove or modify a copyright or other proprietary rights notice in it; (7) use it in violation of any applicable law, rule or regulation (including those applicable to collection and processing of personal data through the SonalifeConnect App); (8) use it to reproduce, distribute, display, transmit, or use material protected by copyright or other intellectual property rights (including the rights of publicity) without first obtaining the owner’s permission; (9) use it to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs, or otherwise engage in a malicious act or disrupt its security, integrity, or operation; (10) access or disable any Sonalife Limited or third-party data, software, or network; (11) probe, scan, or test the vulnerability of any system or network; (12) remove, circumvent, disable, damage or otherwise interfere with any security measures of any network, computer or communications system, software application, or network or computing device.

4. Your Undertakings

When you shares, posts or uploads content to the SonalifeConnect App that is covered by intellectual property rights on or in connection with the SonalifeConnect App, you grant Sonalife Limited a non-exclusive, transferable, sub-licensable, royalty-free, perpetual and worldwide licence to use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of said content (in accordance with the Privacy Policy).

You represent and warrant that you retain ownership of all intellectual property rights in the content you uoload to the SonalifeConnect App or that said content is subject to a license granted to you by a third party holding these rights, under conditions allowing you to freely use and/or transfer these elements for the purpose of using the SonalifeConnect App, under the conditions described in this Agreement. Sonalife Limited does not claim ownership of said content.

You indemnify and hold Sonalife Limited harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in said content.

By using the SonalifeConnect App, you represent and warrant that you have the legal right and capacity to enter into this Agreement.

By using the SonalifeConnect App, you represent and warrant that (a) you are 16 years of age or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the SonalifeConnect App does not violate any applicable law or regulation. Your access to the SonalifeConnect App may be terminated without warning if Sonalife Limited believes, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the SonalifeConnect App, you agree to be bound by this Agreement in respect to your child’s use of the SonalifeConnect App. Persons aged 13 years old or less are not authorized to access the SonalifeConnect App.

5. Your Rules of Conduct

You may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”) via the SonalifeConnect App.

You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the SonalifeConnect App, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You must not create accounts with the SonalifeConnect App through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not attempt to restrict another user from using or enjoying the SonalifeConnect App and must not encourage or facilitate violations of this Agreement.

You may only make non-commercial uses of the SonalifeConnect App and the content therein. Use of the SonalifeConnect App and the content therein for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Sonalife Limited (or any individual officer or employee of Sonalife Limited); (3) use that can be confused with official communications of Sonalife Limited or its officers or employees; and (4) print or electronic mass mailings (sometimes known as “spamming”), solicitations for commercial services.

You indemnify and hold Sonalife Limited harmless from any violation of this Section entitled “Your Rules of Conduct”.

6. Warranty

To the fullest extent permitted by law Sonalife Limited disclaims all warranties about any document, information, data, analysis, commentary or elements available via the SonalifeConnect App, the SonalifeConnect App, or any content therein or the completeness, timeliness, merchantability, fitness for a particular purpose or accuracy of same. To the extent any warranty exists under law that cannot be disclaimed, Sonalife Limited, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Sonalife Limited does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Sonalife Limited, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Sonalife Limited, not Apple, is responsible for addressing any claims by you relating to the SonalifeConnect App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the SonalifeConnect App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Sonalife Limited shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the SonalifeConnect App.

10. Termination, Suspension or Revocation of Access

Sonalife Limited retains the right to suspend your access to the SonalifeConnect App to make all investigations necessary following a report made about you or your account or in case of presumed breach of the Terms of Use or this Agreement which may be remediated. If your account is suspended, you will be informed by Sonalife Limited of such a decision by email. You have the possibility to send an email to Sonalife Limited to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use or this Agreement is not remedied within one (1) month from suspension notification, Sonalife Limited reserves the right to terminate your account and the right to use the SonalifeConnect App, in addition to any other rights or remedies available.

11. Limitation of Liability, Indemnification

Sonalife Limited is not responsible for your device’s compatibility nor if you are unable to connect due to any technical problem related to the internet network or a failure in your computer facilities and equipment.

Sonalife Limited shall not be responsible for your system nor any problems arising from or related to your system or caused by the internet. You are responsible for the security of your system and the security of your access to and connection with the SonalifeConnect App.

Neither Sonalife Limited nor any Sonalife Limited affiliate (or any other person involved with the provision and maintenance of the SonalifeConnect App) takes any responsibility for the accuracy of the information provided as part of the SonalifeConnect App. Use of such information is at your sole risk. To the maximum extent allowed by applicable law neither Sonalife Limited nor any Sonalife Limited affiliate accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:

–           use of the SonalifeConnect App, including but not limited to any electronic mail messaging and internet communication that may arise from, in the course of or pursuant to such use; and/or

–           reliance on the information contained in the SonalifeConnect App or any related website, whether: downloaded or not; authorised or not.

You are solely responsible for all content posted, and assume all risks relating to its use by others and others’ reliance on its accuracy. You acknowledge that, following the publication of any content, its information will become accessible to all the users on the SonalifeConnect App and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other users and Sonalife Limited. Sonalife Limited will have no responsibility or liability in connection with any user content.

Sonalife Limited expressly excludes any liability for events of any kind that may occur during any meeting organised between users within the use of the SonalifeConnect App.

Nothing in this Agreement is intended to exclude or limit Sonalife Limited’s or any Sonalife Limited affiliate’s liability for death, personal injury or fraudulent misrepresentation caused by negligence, or to affect your statutory rights.

12.        Third Party Services

Now or in the future, the SonalifeConnect App may enable you to utilize applications, products or services from third parties (“Third-Party Services”). Such Third-Party Services shall be deemed to be incorporated within the SonalifeConnect App for the purposes of this Agreement and the Privacy Policy, and shall be incorporated into the access rights to the SonalifeConnect App set forth herein, except to the extent either (i) expressly provided to the contrary in this Agreement, or (ii) you are required to enter into separate agreement relating to such Third-Party Services. If you enable non-Sonalife Limited applications, products or services (“Non-Company Services”) for use with the SonalifeConnect App, you acknowledge and agree that the SonalifeConnect App may allow the providers of those Non-Company Services to access or use your content including your personal data. Sonalife Limited is not responsible for any use by you of such Third-Party Services or Non-Company Services, or the disclosure, modification or deletion of your content, including but not limited to personal data, resulting from any such access or use. Any access to or exchange of content, including but not limited to personal data, between you and any Third-Parties Services or Non-Company Services, is solely between you and them and you bear all risks associated with such access and use. Sonalife Limited does not provide any warranties for such Third-Parties Services or Non-Company Services. Subject to the below paragraph, the purchase of Non-Company Services is not required to use the SonalifeConnect App, except a supported computing device, operating system, web browser and Internet connection.

The SonalifeConnect App may contain features designed to interoperate with Non-Company applications. To use such features, you may be required to obtain access to such non-Company applications from their providers. If the provider of any such Non-Company application ceases to make the non-Company application available for interoperation with the corresponding SonalifeConnect App features on reasonable terms, Sonalife Limited may cease providing such SonalifeConnect App features without entitling you to any refund, credit, or other compensation.

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