Terms of Use

TERMS OF USE

Last revised: February 28, 2020

Your use of Copiskey Brothers Development, LLCs, a Texas limited liability company (“we”, “us”, or “our”), mobile application and related software and services (“Our App”) hosted and maintained by us and any information provided through Our App are governed by these Terms of Use (“Terms”), including our Privacy Policy (incorporated herein by this reference). By using Our App you agree to these Terms, including the Privacy Policy. If you do not agree to all of these Terms, do not use Our App. Subject to your compliance with these Terms, we hereby grant you a limited right to use Our App for your own personal use.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of Our App will mean you accept these modified Terms.

If you are concerned with the use of or dissatisfied with Our App, please contact us or immediately discontinue your use of Our App.

I. Your Right and Obligations

Legal Age. Our App is intended to be used by persons of legal driving age, which presumptively is 16 years of age. By using Our App you represent you are at least 16 years old.

Ownership, IP. Our App, and all information provided through it, and all derivatives shall be and remain our property or our licensors. Information includes all information such as the “look and feel” of Our App, the data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files part of Our App. You shall have no rights or interests therein except as set forth in these Terms. You agree to notify us immediately in writing of any claim made regarding Our App and to cooperate as reasonably necessary, at our expense, in the defense and settlement of such claim.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within Our App or the information provided therein. Our App is owned by us and/or licensed from our licensors and is provided in conformance to our obligations under any such license terms.

User Account. You are required to create a related user account to use Our App.

Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via Our App and/or any user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your user account credentials or any password. You agree to bear all responsibility for the confidentiality of your user account and password and all use or charges incurred from the use of Our App with your user account and password.

Privacy. Any information you provide through any of our website’s blog or comments feature (if any) should be public and non-confidential. We will protect the privacy of information provided through Our App and any related user account in accordance with our Privacy Policy.

Rights. We are the owner, or an authorized reseller or licensee, of Our App. Our App is provided on an “AS IS” and “AS AVAILABLE” basis.

Mobile Access. We allow you to access Our App only for your own purposes in accordance with these Terms. Any use through or access to Our App through a mobile device (e.g., an iPhone, iPad or Android) is only as permitted by the applicable usage rules set forth in the mobile device’s related application store (i.e. App Store Terms of Service for an iPhone/iPad or an Android device is only as permitted by such Android device’s terms), which you acknowledge that you have had an opportunity to review.

Restrictions. Except as otherwise permitted under these Terms, you shall not (nor assist any third party to):

i. Send spam or any other form of duplicative and unsolicited messages, other than marketing and promotional messages, to any third party or other users using through Our App;

ii. Harvest, collect, gather or assemble information or data regarding other users of Our App without their consent;

iii. Transmit through or post on Our App unlawful, libelous, tortious, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;

iv. Knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;

v. Knowingly interfere with or disrupt the integrity or performance of Our App or the data contained therein or attempt to gain unauthorized access to Our App, computer systems or networks related to Our App;

vi. Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from Our App or from any other information by any means whatsoever;

vii. Distribute, disclose or allow use of any of Our App in any format through any timesharing device, service bureau, network or by any other means, to or by any third party;

viii. Violate the license grant provided pursuant to these Terms;

ix. Create Internet “links” to or from Our App, or “frame” or “mirror” any of our content which forms part of Our App; or

x. Modify or create a derivative work of Our App or any portion thereof.

Access Limitations. You shall be solely responsible for providing, maintaining and ensuring compatibility with Our App access requirements, all hardware, software, electrical or other physical requirements for your use of Our App, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the internet or to use Our App.

You acknowledge and agree that from time to time Our App may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance or repairs; or (iii) other causes beyond our control.

Additionally, because Our App is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP).

Location Information. Our App includes technology to use the location of the device for certain features. By accepting these Terms, you consent to the use of this location information as further specified in our Privacy Policy.

II. Third Party Software; Third Party Providers

Third Party Software. Our App is developed for use with either Apple® mobile application technology requirements or the current release of the Android® open-source mobile operating system software. Most Android software components are licensed by us under the Apache 2.0 software license. You can obtain a current copy of the Apache license at http://www.apache.org/licenses. We are responsible for ensuring your use of Our App includes your right to use any third-party software or open source software required to use Our App.

Open Source. The Services also include other free or open source software components licensed under other license agreements. The Android software and other free or open source software components included with Our App are referred to in the remainder of this section as the “Open Source Software.” All Open Source Software files contain the original copyright notices and license information provided by the copyright owners. We hereby grant to you a sublicense to use the Open Source Software with the same rights and subject to the same restrictions as apply to us. The Open Source Software is provided for no additional charge. We will not use any Open Source Software if doing so would interfere with your use of Our App or result in a known violation of the intellectual property rights of any third party. We maintain a current record of all Open Source Software components and applicable license agreements. We will provide users copies of or access to the applicable Open Source Software licenses upon written request.

Third Party Service Providers. You acknowledge that we contract with third party development, application and data hosting, wireless network services, payment processing, and other technology services providers such as mobile app store providers to provide Our App functionality (“Third-Party Providers”). We are responsible for ensuring that the Third-Party Providers abide by these Terms. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.

III. Disclaimers; Limitations on Liability

No Warranty. The information provided through Our App is believed to be accurate, but neither we nor our licensors nor our Third-Party Providers warrant or guarantee such accuracy. In the event that Our App does not function or if you have any concerns about Our App, you should contact us at AmplifyDevelopmentLLC@gmail.com.

This information and Our App, including without limitation all documentation for Our App, is subject to change without notice.

The information provided through Our App is provided on an “AS IS” and “AS AVAILABLE” basis at your own risk. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION FOR ANY ERRORS IN SUCH INFORMATION OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR APP OR THE INFORMATION PROVIDED THROUGH OUR APP. Notwithstanding the foregoing, we will work to correct any bugs and provide you with updates and upgrades to Our App as completed.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. This provision may be modified as required to conform to our obligations with regards to Our App and as regulated by any applicable governing authority.

WE DO NOT WARRANT OR REPRESENT THAT OUR APP, OR ANY INFORMATION PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF OUR APP, OR THE INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR OUR APP. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply.

Limitations on Liability for Third-Party Providers. You expressly understand and agree that you have no contractual relationship with any of the Third-Party Providers and their affiliates and that you are not a third- party beneficiary of any agreement between us and any Third-Party Provider. In addition, you acknowledge that all Third-Party Providers shall have no legal, equitable, or other liability of any kind to you as a user, and you hereby waive and disclaim any and all claims or demands of such nature. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR APP AND/OR INFORMATION PROVIDED UNDER THESE TERMS. You further acknowledge and agree that while such Third Party Providers may agree to refund the fees, if any, paid for Our App provided under these Terms, such Third Party Providers, to the maximum extent permitted by applicable law, shall have no warranty obligation whatsoever with respect to Our App and/or information provided, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under these Terms will be solely as permitted hereunder. Please contact us as at AmplifyDevelopmentLLC@gmail.com.

Damage Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR APP, WITH THE DELAY OR INABILITY TO USE OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE OUR APP OR INFORMATION PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NEITHER WE NOR OUR LICENSORS, SUPPLIERS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR MISUSE OF OUR APP.

Any claims arising in connection with your use of Our App must be brought within one (1) year of the date of the event giving rise to such action occurred. If you are dissatisfied with Our App, you should contact us at AmplifyDevelopmentLLC@gmail.com or you may elect to discontinue to use Our App.

Bargained for Basis. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor Our App would be provided to you absent such limitations of liability.

Links. We may include hyperlinks on Our App to other websites or resources operated by third parties, including advertisers. We have not reviewed all of the sites linked to Our App and we are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources.

IV. Miscellaneous Provisions

Your Responsibility. You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

Compliance with Law. You agree that you will not use Our App for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. We make no claims regarding Our App outside of the United States. If you access Our App from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.

Agreement. These Terms, in addition to our Privacy Policy, constitute the entire agreement and understanding between you and us with respect to Our App and supersede all prior agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of you and us, our affiliates, and any of our successors and assigns. These Terms and your user account may not be assigned with our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to us shall be made through our website. We are headquartered in the State of Texas.

Governing Law. These Terms and the resolution of any dispute related to these Terms or Our App shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of law.

Arbitration; Collection; Venue. Except as provided below, any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Harris County, Texas, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the hearing aid device industry and mobile applications. Nothing herein contained will bar either party from seeking equitable remedies in a court of appropriate jurisdiction. If we successfully enforce these Terms under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs. Any legal action related to these Terms, the Information or Our App shall be brought in a state or federal court of competent jurisdiction sitting in Harris County, Texas.

No Waiver; Severability. Our failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.