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Earable Inc. Terms and Conditions

(Updated & Effective [December 1, 2023])

Earable Inc. maintains this website, the Frenz mobile application, FRENZ (™) app, and other linked and related sites or applications for the use of its customers, vendors, and other website users (“Users”) upon agreement to the following terms. 

Please read the following terms and conditions carefully before using the https://frenzband.com website and the FRENZ (™) app. Use of this website or the FRENZ (™) app indicates acceptance of these “Terms and Conditions” and forms a binding agreement between you and Earable Inc. If you do not agree to the following terms and conditions, do not use this website or the FRENZ (™) app.

FRENZ™ Brainband is an invention by Earable Neuroscience, a deep tech company dedicated to integrating the latest breakthroughs in neuroscience into daily lives. FRENZ (™) Brainband is the world’s first AI-powered wearable designed to track and stimulate your brain activities with personalized audio content for improved sleep. The development of FRENZ (™)  spanned 9 years with collaborations of scientists from the University of Colorado and the University of Oxford, resulting in 15 global patents and patent-pendings for its core technologies. The FRENZ (™) app serves as the companion to the FRENZ (™) Brainband.

Disclaimer

FRENZ™ Brainband is a wellness device and not a medical device. It is intended for aiding sleep quality and cognitive functions through personalized audio content. If you have any medical concerns, please consult with your healthcare provider, including but not limited to, before using this device. Earable and FRENZ™ Brainband are not intended to serve as a replacement for professional health care, diagnosis, treatment, or advice. Earable Inc. is not liable for any health issues that may arise as a result of the recommendations, activities, or other information or events you learn or experience as a result of using FRENZ™ Brainband. You should read all product packaging and instructions carefully before purchasing or intending to acquire any of the products or services recommended on this website or application. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING FRENZ™ BRAINBAND AT YOUR OWN RISK. You and any of the physicians or health professionals linked with this website, application, or your use of any product or service from this website or application. The FDA has not evaluated this information or assertions about the devices discussed on this website. Furthermore, neither this information nor any assertions on this website or application are meant to diagnose, treat, or cure any condition. 

Earable Inc. DOES NOT OFFER ANYTHING that can be used to diagnose, treat, or prevent any medical, mental, or physical ailment.  All of the information provided here is for information and educational purposes only, and it should not be construed as a personal medical device. As a result, you should not act entirely on the basis of the contents of this information. Instead, users should seek advice from qualified health professionals on any issues concerning their health and well-being. These items are not intended for symptom management or treatment, and they are not intended to be used in place of any form of therapy or treatment for any symptoms or disorders.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS WEBSITE OR EARABLE INC.’S MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

     1. What Should I Know About Use of Earable’s Site?

1.1. These terms and conditions (these “Terms” or “Terms and Conditions”) form an agreement between you, either as an individual or as the representative of an entity (“user,” “customer,” or “You”) and Earable Inc. (“Earable,” “us,” “we,” or “our”). These Terms along with any documents expressly incorporated herein by reference, dictate the conditions under which you may access and utilize the Earable website, https://frenzband.com, or any of our other web properties, including mobile websites, applications, or digital platforms that link to or refer to these Terms and Conditions (collectively, the “Site”).

1.2. In the event of any conflict between these Terms and Conditions and the conditions of any service contract between you and Earable, the terms of the service contract will prevail concerning the specific services detailed therein.  By engaging with the Site, including but not limited to browsing the Site, using our services, or providing information to Earable, you accept and are bound by these Terms and Conditions. If any aspect of these Terms is not acceptable to you, please do not use the Site, because you are not granted permission to access or use the Site without accepting these Terms.

1.3. The Site is accessible to users who wish to participate in an Ecommerce platform facilitated by Earable (the “Platform”).  By using the Site, you certify that you are of legal age to form a binding contract with Earable and satisfy all eligibility requirements or have written consent of a legal guardian. If these requirements are not met, you are not permitted to access or use the Site.

1.4. Additionally, you acknowledge that certain privacy practices are applicable to your use of the Site and consent to such practices, including if you are younger than 16 or 13 years of age.  Please stop and for more information, refer to Earable’s Privacy Policy here (“Privacy Policy”). It is crucial for users to have adequate language proficiency in the language used to present the Platform.

1.5. Both physical and digital products are available for purchase on the Site (collectively, the “Products”), with prices listed accordingly. Note that these prices exclude any taxes or additional fees that may apply.   

1.6. IMPORTANT NOTICE: SECTION 34 OF THESE TERMS AND CONDITIONS CONTAINS AN ARBITRATION PROVISION. BY ACCESSING OR USING THE SITE OR PURCHASING THE PRODUCTS, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. If you do not wish to accept these Terms and Conditions or the Privacy Policy, you are not permitted to access or use the Site.

     2. How Can Users Create An Account on the FRENZ (™) app?

2.1. To begin the process of creating an account on the FRENZ (™) app, users must navigate to the “Sign Up” or “Register” section of the FRENZ (™) app. Users are required to provide a valid username and email address that will serve as the primary means of identification for the account. A secure password, adhering to our password complexity requirements, must be established. We strongly encourage users to select a unique password that has not been used on any other online platform. Prior to account creation, Users must explicitly agree, again, to both our Terms and Conditions and our Privacy Policy by checking the corresponding box on the FRENZ (™) app. It is paramount that Users read and fully understand these agreements as they dictate the rules, obligations, rights, and limitations associated with using the FRENZ (™) app. 

2.2. Earable supports the option for Users to link or sign up using their Facebook or Google accounts, streamlining the registration process. However, Users are strongly encouraged to maintain a clear distinction between their Earable account information distinct and any other social media or other online accounts they may have. Efforts to circumvent this recommendation, such as attempting to link an account through unofficial methods, will be regarded as a violation of these Terms. Such violations may lead to account suspension or termination at the sole discretion of Earable. We emphasize the importance of responsible account management to ensure the security and privacy of your personal information. By choosing to link your account with Facebook or Google, you agree to abide by these Terms and ensure compliance with our guidelines for a secure and reliable user experience. If you have any questions or concerns, please contact our support team for assistance.  

2.3. To ensure the authenticity of our user base and to enhance platform security, Earable may require additional verification steps during or after the account creation process. Users will be notified if any such verification is necessary. Users must ensure that the email address provided during registration is accessible, as it may be used for account recovery, password resets, and important notifications from Earable. 

2.3. Earable reserves the right to modify, amend, or update the account creation process at its discretion. Users will be notified of any significant changes that might affect their ability to create or access their accounts. 

1. Can I Download Materials?

3.1. Earable provides various resources on the Site, including, but not limited to, materials, information, questions, articles, and other information (collectively, the “Materials”). For your personal or business use, Earable grants you a limited right to access and use the Materials available on the Site. Any Materials you access can be viewed online, and if the option is available, downloaded for offline use, provided you maintain all copyright and proprietary notices contained in the original Materials.

3.2. Except as expressly permitted in Section 3.1, you may not modify, reproduce, distribute, or exploit the Materials in any way. Selling, sharing, or allowing third-party access to the Materials is strictly prohibited. You must maintain the confidentiality of all Materials, not disclosing them in any manner that is not expressly permitted by these Terms. Breaching these Terms may lead to the termination of your authorized use of the Site. 

1. What Constitutes Acceptance and How Can I Cancel My Order?

4.1. You acknowledge that your order constitutes an offer to purchase all of the Products included in your order under these Terms. We must accept all orders, or we will not be obligated to sell you any products. Furthermore, even after we send you a confirmation email with your order number and information of the things you have ordered, we reserve the right to accept or reject your order at our sole discretion. Each approved order will be interpreted by a single agreement that is independent of any other orders. We will send you an email confirmation after we have received your order, with your order number and details on the things you have ordered. By contacting our Customer Service Department at contact@earable.ai before we send your order confirmation email, you can cancel your order at any moment prior to confirmation. To purchase, import, and use the products, you are solely responsible for obtaining all necessary approvals, permissions, and licenses. 

1. What Should I Know About Changes to Earable’s Terms and Conditions?

5.1. We may periodically update these Terms and Conditions to reflect changes in our practices, services, or legal requirements.

5.2 Earable reserves the right to modify, discontinue, or suspend the Site or any part of it, at any given time. When we make material changes to these terms, we will notify you 30 days in advance, either through direct communication (such as email) or by prominently displaying a notice on the Site’s main page. The notice period will allow you ample time to consider the changes and decide whether you wish to continue using the Site under the updated terms. Earable may also, under certain circumstances, restrict your access or use of the Site. While we strive to provide a continuous service, you acknowledge that the Site is provided as-is, and you do not possess any proprietary rights over it. In situations were the Site is discontinued or if your ability to access the Site, its Materials, or any content you have posted on it is restricted or terminated, the Company will not be held liable. However, in such scenarios, we will make reasonable efforts to ensure you have access to your data and content for a limited duration, to allow for transition or backup.

5.3 Your action is required when we update these Terms. If you do not agree with the revised terms, you may choose to discontinue your use of the Site by emailing us at contact@earable.ai. If we do not receive your explicit disagreement or discontinuation within the notice period, it will be assumed that you have accepted and agreed to the changes. 

5.4 To ensure you stay informed and are always aware of any modifications, we recommend bookmarking this page and reviewing these Terms and Conditions periodically. 

5.5. Any modifications we make to the dispute resolution provisions detailed in the Governing Law and Jurisdiction section will not apply to any disputes for which either party has received actual notice of, on, or prior to the date the change is made public on the Site. We commit to providing a clear and reasonable notice period, in line with global regulatory standards, before implementing any significant alterations to these provisions, ensuring that users are given ample time to review and decide on continued use of our services under the updated terms.

1. What Information We Collect About You and Your Visits to the Website

6.1. All data and information that we collect on the Site are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference and hosted in the United States and Vietnam. Your use of the Site constitutes your acknowledgement of, and consent to, our collection, storage, use, and disclosure of your information as outlined in our Privacy Policy. By using the Site, you consent to all actions taken by use with respect to your information, consistent with our Privacy Policy.

1. Hyperlinks

7.1. The Site may feature hyperlinks or references to external websites managed by third parties. These links are neither owned, maintained, nor affiliated with Earable. We provide them solely for your convenience and informational purposes. While we aim to ensure the relevance and safety of these hyperlinks, we have not exhaustively reviewed them and do not exercise control over their content or operations. Therefore, Earable cannot be held accountable for any elements of these websites, be it their content, privacy practices, or other policies. 

7.2. Earable does not endorse, nor does it make any representations or warranties about the content, completeness, or accuracy of these third-party websites. We exert no control over the content of these third-party websites or resources and cannot be held responsible for any loss or damage that may result from your utilization of these websites.

7.3. Please be aware that any information you submit to a third-party website that is accessible from the Site is subject to that website’s privacy policy. Earable has no control over how these third-party websites collect, use, or otherwise handle your information.

7.4. If you decide to access any of the external websites linked to the Site, you are choosing to do so entirely at your own risk. It remains your responsibility to ensure the safety of your digital environment. This means that you should be vigilant about checking the links that you click on, and the software that you download, whether from our Site or from other websites or applications. You should ensure that these digital interactions do not expose you to harmful elements such as viruses, worms, trojan horses, and other items of a potentially destructive nature. 

1. Protection of Your Privacy

8.1. All information that you share with us or that we gather through your utilization of the Site is subject to our Privacy Policy, which is available on the Site. This policy outlines how we collect, use, store, and safeguard your personal data, and addresses your rights and our responsibilities regarding your information.

8.2. By accessing and using the Site, you give your explicit consent to all actions we undertake in accordance with our Privacy Policy. This includes, but is not limited to, the collection, processing, storage, and sharing of your data, as far as legally permissible, and as detailed in our Privacy Policy.

8.3. Please ensure that you thoroughly review our Privacy Policy and understand how we manage your data. If you have any queries or concerns, please do not hesitate to contact us. Your trust and privacy are of paramount importance to us, and we commit to handling your data responsibility and in line with applicable privacy and data protection laws.

1. Shipments; Delivery; Title and Risk of Loss

9.1. Shipping is estimated to begin in February 2024. We will arrange for the Products to be delivered to you. Specific delivery choices can be founded on each individual product’s page. All shipping and handling expenses will be paid by you during the ordering process. When we deliver the merchandise to the customer, title and risk of loss pass to you. Dates for shipping and arrival are simply estimates and cannot be confirmed. As a result, the projected arrival time once it has been dispatched to the customer is 5 days, however, we are not responsible for any shipping delays. 

1. User Representations and Warranties

10.1. As a User, you represent and warrant that you are not an agent or employee of any competitor of Earable, or any company that offers similar services to Earable. You also affirm that your use of the Site and the Materials is solely for the purpose of enhancing your understanding, participation in Offerings, including but not limited to, your ability to improve your sleep function.

10.2. You further warrant that your interactions with Earable and use of the Site, the Platform, the Products, and the Materials will not infringe upon or violate the rights of any third party or violate any local, municipal, state, provincial, national, or international laws, regulations, or any policies or guidelines established by Earable.

10.3. Any violation of this warranty may lead to the termination of your access to the Site and Services, at the sole discretion of Earable.

1. Terms and Conditions for the Site

11.1. The Site provides information about our products and services (the “Offerings”). All content on the Site, including but not limited to, graphics, text, and other proprietary elements or intellectual property (whether or not registered, registrable, patented, or patentable), and the compilation of these (“Earable Content”) is the intellectual property of Earable, and its licensors, protected under relevant copyright, trademark, and other intellectual property laws. Unless expressly stated in Section 3.1, you may not download, modify, or use any Earable Content without express written permission.

11.2. You agree to not use any Earable Content from the Site for unauthorized purposes, especially in ways that might harm our reputation or violate our intellectual property rights. Misuse of any Earable Content is strictly prohibited and may lead to legal actions. 

11.3. BY USING THE SITE, YOU AFFIRM YOUR AUTHORITY TO USE THE PLATFORM AND PRODUCTS, EITHER FOR YOURSELF OR THE ENTITY YOU REPRESENT. IF ACTING ON BEHALF OF A BUSINESS, YOU CONFIRM YOUR AUTHORITY TO BIND SAID BUSINESS TO THESE TERMS AND CONDITIONS.

11.4. Descriptions of our Offerings on the Site are for informational purposes. Earable reserves the right to update or modify any details about our Offering without prior notice.

11.5. Earable is not responsible for your completion of any tasks or other participation in the Site (“Earable Service”). Ensure you allocate enough time and resources to fully engage with our services. 

1. Data Protection

12.1. Earable and Users shall comply with all applicable laws relating to the processing of Personal Data including, while it is in force, the General Data Protection Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act (CCPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Australia’s Privacy Act 1988, and other pertinent local regulations in such jurisdictions and in Faroe Islands, Hong Kong, Iceland, Japan, Lichtenstein, Monaco, New Zealand, Norway, South Korea, Switzerland, and Thailand (collectively the “Jurisdictions”, and such regulations, the “Data Protection Laws”). 

12.2. You warrant to Earable that you possess the lawful right to disclose all personal data shared with Earable under or in connection with these Terms and Conditions.

12.3. You shall only provide personal data to Earable as permitted herein, and Earable shall only process, in each case under or in relation to these Terms and Conditions, and in compliance with the processing of special categories under Art. 9 of the GDPR.

12.4. Earable commits to processing data based on documented instructions from the Users. This encompasses any transfers of data outside the Jurisdictions, following the appropriate legal and regulatory requirements. 

12.5. Notwithstanding any other provision of these Terms and Conditions, Earable may process the content if and to the extent that Earable is required to do so by applicable law. In such a case, Earable shall inform Users of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

12.6. Earable shall ensure that persons authorized to process the content have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

12.7. Earable and Users shall each implement appropriate technical measures to ensure an appropriate level of security for content.

12.8. Earable will not enlist third parties for processing personal data without prior consent from Users. In the case of a general written authorization, Earable shall inform the Users at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Users object to any such changes before their implementation, then the Users may terminate these Terms and Conditions on 7 days’ written notice to Earable, providing that such notice must be given within the period of 7 days following the date that Earable informed the Users of the intended changes. Earable shall ensure that each third party processor is subject to equivalent legal obligations as those imposed on the Users in this Section 12.

12.9. Earable shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organizational measures to assist the Users with the fulfillment of the User’s obligations to respond to requests exercising a data subject’s rights under the Data Protection Laws.

12.10. Earable shall assist the Users in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. 

12.11. Earable shall make available to Users all information necessary to demonstrate the compliance of Earable with its obligations under this Section 12 and the Data Protection Laws. 

12.12. Upon request, Earable shall either delete or return all of the content provided by the Users. Earable will delete existing copies unless applicable law mandates the storage of the relevant content.

1. Ownership of Intellectual Property Rights, Trademarks and Copyrights on the Site

13.1. All contents of the Site are ©2023 Earable or respective third party owners. All rights are reserved worldwide.

13.2. The contents, features, and functionalities of the Site, including but not limited to all software, text, displays, images, logos, data, sound files, photographs, video, and audio, are owned by Earable, its licensors, or other providers of such material. These contents are protected under the intellectual property laws of the by United States, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, U.S.A, United Kingdom and international conventions including, without limitation, international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (whether registered or not).

13.3. If you become aware of a potential infringement of our intellectual property in any jurisdiction, please contact us at contact@earable.ai and adhere to our guidelines outlined in our Privacy Policy.

13.4. We respect the intellectual property rights of others and respond to any claims that content posted on the Site infringes on the copyright, trademark, or other intellectual property rights. If you believe content on the Site infringes on your rights, you or your agent may send us a detailed notice. Your notice should include the following:

• An electronic or physical signature of the person authorized to act on behalf of the intellectual property right owner’s interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
• Your name, email, address and telephone number; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.

13.5. Incomplete or improperly filled complaints may not be processed. Misrepresentation or bad faith claims may result in liabilities, including, but not limited to, costs and attorney’s fees.

To submit your claim, contact Earable at:

Email: contact@earable.ai

Phone: (843) 337-7533

Address: 16192 Coastal Highway, Lewes, Delaware 19958

Country: United States of America

13.6. These Terms and Conditions permit you to use the Site for personal and business purposes, provided it is non-commercial. Actions like storing materials in RAM, browser caching, and printing a reasonable number of Site pages for personal use are permissible. Otherwise, you should not reproduce, modify, or distribute materials from the Site.

13.7. Respect all intellectual property notices on the Site’s materials. Any breach may result in your access being revoked, and you may need to return or destroy unauthorized copies. The Company retains all rights, titles, and interests in the Site and its content. 

13.8. Earable, along with other specified marks, are trademarks of Earable and its affiliates. All materials on the Site, including texts, images, and sound files, are copyrighted and protected by the relevant laws of the countries where we operate and international conventions.

13.9. Nothing in these Terms and Conditions transfers or assigns any of Earable’s intellectual property rights to Users.

1. Prohibited Uses of the Site

14.1. You are required to use the Site in compliance with all applicable laws, rules, regulations, ordinances, and these Terms at all times. The Site is to be used only for lawful purposes and in accordance with these Terms and Conditions. The following non-exhaustive list outlines prohibited uses of the Site. By using the Site, you agree not to:

• Violate any applicable federal, state, provincial, municipal, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonate or attempt to impersonate Earable, an Earable employee, an Earable agent, another user or customer of our products and services, or any other person or entity (including, without limitation, by using the email addresses or screen names associated with any of the foregoing).
• Misrepresent your identity or affiliation with any person or entity.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Earable or users of the Site, or expose them to liability.
• Upload any Materials or content on, or from Earable to any generative artificial intelligence (such as ChatGPT, Google Bard, or otherwise)

14.2. Further, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
• Abuse the Site by requesting an unreasonable amount of requests not reasonably related to purchasing a Earable product or service, i.e., imposing an unreasonable load on the service infrastructure and attempting to overburden the services.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including using any manual process or means for monitoring or copying any of th ematerial on the Site or for any other unauthorized purpose.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attempt to attack or attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarassing, obscene, threatening, or hateful, all as determined by Earable in its sole and absolute discretion. 
• Upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• Collect or store personal data about other users.
• Use the Site for any commercial purpose not expressly approved by Earable in writing.

14.3. Engaging in any of the prohibited uses may result in the termination of your right to use the services and the Site.

1. Geographic Restrictions

While we have designed the Site to be accessible and usable for persons located in the United Statesand other countries, we cannot guarantee that the Site, or any of its contents, are appropriate or available for use in other locations. Users are responsible for ensuring that their use of the Site complies with the local laws and regulations of their respective countries.

15.2. If you choose to access the Site from outside these areas, such access will be on your own initiative. You will be solely responsible for ensuring compliance with local laws, rules, ordinances, and regulations, as well as these Terms and Conditions. Please be aware that any access to the Site from jurisdictions where its contents are illegal or strictly regulated is strictly prohibited.

15.3. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.

1. Technology, Security, and User Responsibilities

16.1. Users are responsible for maintaining the confidentiality of their assigned usernames and passwords necessary to access the Platform.  Should there be any breach, suspected breach, or unauthorized use of their login credentials, users are obligated to notify Earable immediately. 

16.2. While Earable strives to make the Platform and the Products broadly accessible and useful, we do not guarantee that the Platform and the Products are appropriate or available for every audience or every location. It is possible that accessing the Platform might not be legal in certain jurisdictions. Users who choose to access the Platform or the Products from such locations do so on their own initiative and are solely responsible for compliance with local laws.

16.3. Earable reserves the right to remove or restrict access to the Platform or the Products for Users who fail to adhere to our guidelines, or who disrespects Earable staff, other users, or the community at large.

16.4. Our services and the Products are primarily facilitated through the Platform. Users are responsible for ensuring that they possess the necessary hardware, software, and internet connectivity to fully utilize the Platform. Detailed technology requirements will be provided at the time of purchase, and Users must verify their ability to meet these requirements prior to purchase or opening their account or both.

16.5. Earable is not responsible for any service interruptions or errors that arise from circumstances outside of our control. This includes, but is not limited to:

(i) loss of connectivity or service interruptions on Earable’s end or the User’s end;

(ii) technical difficulties, glitches, or other problems with the the Platform or the Products; or

(iii) issues with the User’s personal hardware, software, or internet connection.

16.6. In any such instances, Earable will strive to resolve the issue promptly but cannot be held accountable for any resulting difficulties in accessing our Services or associated materials.

1. Accounts Creation and Management; Site Access and Security

17.1. Account Creation and Management

When you create an account on our Site, you affirm that information you provide is accurate, comprehensive, up-to-date and that you are legally allowed to use the Products, the Platform; provided that if you are younger than 18 years old, written permission from your legal guardian. Any account with inaccurate, incomplete, or obsolete information may be terminated immediately.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your devices. You accept responsibility for all activities that occur under your account, whether your password is for our Site or a third-party service. You are obligated to notify us immediately of any security breach or unauthorized use of your account.

17.2. Accessing the Site and Account Security

We reserve the right to modify, withdraw, or discontinue the Site and any service or material we provide in association with the Site, at our sole discretion without prior notice. We shall not be liable if for any reason all or any part of the Site or online content is unavailable at any time or for any period.  Please note, the Site may depend on third-party applications that we use or that you have provided.   

17.3. You are responsible for:

• Making all arrangements necessary to access the Site.
• Ensuring that all individuals who access the Site through your Internet connection are aware of these Terms and Conditions and our Privacy Policy and comply with them.

17.4. Some resources or features of the Site may require you to provide certain registration details or other information. If you choose not to provide such information, your access to certain content or participation in certain features may be limited or prohibited.

17.5. The use of the Site may require account creation or submission of certain information, which you affirm to be correct, current, complete, and authorized to disclose. As part of the registration process, you’ll be asked to provide your name, and a valid e-mail address, and choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities occurring under your account. You agree to notify Earable immediately of any unauthorized use of your account.

17.6. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information providing you access to the Site. Earable is not liable for any loss incurred as a result of someone else using your password or account, either with or without your knowledge. We also bear no responsibility for any delay in shutting down your account after you have reported a security breach to us.

17.7. The information you provide, including through the use of interactive features on the Site, is governed by our Privacy Policy. By registering with the Site or providing information, you consent to all actions we take regarding your information, consistent with our Privacy Policy.

1. Disclaimer of Warranties and Limitation of Liability

18.1. Limited Disclaimer for the Product

SUBJECT TO THE TERMS HEREIN, OUR PRODUCTS ARE NOT MEDICAL DEVICES, AND WE WARRANT THAT WHEN YOU PURCHASE PRODUCTS FROM THE SITE, THEY WILL BE FREE OF MATERIAL AND WORKMANSHIP DEFECTS FOR ONE (1) YEARS FROM YOUR PURCHASE DATE (THE “WARRANTY PERIOD”). If we replace a product during this period, the replacement won’t have an extended warranty. This warranty is only for the original purchaser and cannot be transferred. We can change this warranty, but changes will not affect past purchases. 

18.2. Availability, Errors, and Inaccuracies

We strive for accuracy, but cannot guarantee that everything on the Site will always be available, accurate, or up-to-date. There might be errors, omissions, or outdated info. If a product’s price is wrong, we will correct it. Just because a product or service is listed, does not mean we endorse or recommend it.

1. Prices and Payment Terms 

19.1. We might change prices, discounts, or offers anytime. The price you see when you order is one you will pay. Your order confirmation will show your purchase price. Note: Prices do not include taxes, shipping, handling, or import fees. Some countries might have customs or import fees, and it is on you to understand and pay these costs.

19.2. We might offer promotions that change pricing. These specials will have their own rules. If those rules conflict with these Terms, the promotion rules apply. We accept payments via Visa, MasterCard, American Express, Discover, and PayPal. When you provide your payment details, you are confirming that:

• Your info is accurate and complete.
• You are authorized to use the payment method.
• Your payment provider (like your credit card company or PayPal) will approve any charges.
• You will cover all costs, even if different from the price shown at order time. This includes shipping, handling, and any taxes. Pay on time. 

1. Payment Information & Security

20.1. To buy something from the Site, you might need to provide transaction details like your credit card number, its expiration date, billing address, and shipping details.

20.2. We value your security. We do not store your credit card details directly; instead they are managed by trusted third-party payment handlers. They are responsible for safely handling your billing details. They accept payments via American Express, Discover, MasterCard, and Visa.

20.3. YOU ASSERT AND GUARANTEE THAT YOU HOLD THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) EMPLOYED IN ASSOCIATION WITH ANY TRANSACTION OR PURCHASE, AND THAT THE INFORMATION YOU PROVIDE TO US AND THE THIRD-PARTY PAYMENT PROCESSORS IS ACCURATE, COMPLETE, AND CURRENT. By providing such information, you authorize us or the third party collecting that information on our behalf to provide such information to third parties as necessary to facilitate transactions initiated by you or on your behalf. Any information may be subject to verification prior to the acknowledgment or completion of any transaction. 

1. Using Mobile Devices

21.1. Using the Site on a mobile might lead to extra charges by your service provider. Some providers or devices might also limit or block features on the Site. Not every feature may work with all devices or carriers. 

21.2. You are responsible for understanding the terms of your mobile device and service agreement and for any mobile data or other fees that using the Site might incur. We recommend contacting your service provider for more details regarding these potential charges or restrictions. Earable bears no responsibility for any additional charges, restrictions, or compatibility issues that may arise from mobile device usage.

1. No Guaranteed Outcomes

22.1. Users acknowledge that using the Site and the Platform does not guarantee any specific decision or result. Earable does not make any promises, explicit or implied, that Users will improve sleep function by using the Site, the Product, or the Platform.

22.2. We offer tools and resources to help with sleep. But many factors affect sleep, like your biology or environment, which we cannot control. 

22.3. You pay us for using the Platform, regardless of your results. Any and all fees are for access, not outcomes.

1. Independent Status

23.1. Earable operates as an independent technology company that offers Products. Earable does not act as an agent or representative, and does not operate on behalf of any specific organization or entity. 

23.2. Earable’s mission is to provide the products and services that help our users manage their products. 

1. Code of Conduct

24.1. Users should understand that Earable operates as a software and hardware company, and not as a medical provider. 

24.2. Users, by using our Platform and the Site, pledge to adhere to the highest standards of integrity and honesty. This includes refraining from any act of dishonesty or deceit, such as plagiarism, fraud, or misrepresentation. Any such misconduct is neither endorsed nor condoned by Earable.

24.3. Should we discover that any User has committed any act of dishonesty or misconduct while using our services, Earable reserves the right to terminate such User’s access to our Platform and the Site immediately, without a refund. This commitment to ethical conduct is fundamental to the mission and values of Earable, and we expect all Users to uphold this standard.

1. Monitoring, Enforcement, and Termination

25.1. We reserve the right to:

• Pursue legal actions, including, but not limited to, notifying law enforcement authorities, for any illegal or unauthorized use of the Site.
• Suspend or terminate your access to all or part of the Site for any reason or no reason at all, including, but not limited to, any violation of these Terms and Conditions.

25.2. In the enforcement of these Terms, we maintain the right to cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. BY USING THE PLATFORM, YOU WAIVE AND HOLD HARMLESS EARABLE AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EARABLE AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EARABLE, OR LAW ENFORCEMENT AUTHORITIES.

25.3. Please be aware that we do not allow users to post material directly on the Site, and we do not review or host user-generated content. We cannot ensure prompt removal of objectionable material that may be posted elsewhere. As such, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

1. Updates to the Website

26.1. We regularly update and modify the content on the Site, however, we make no representation, warranty, or guarantee that the content on the Site is accurate, complete, or current at all times. The material on the Site may be out of date or may become out of date at any given time, and we are under no obligation to update or maintain the currency of such material. It is your responsibility to monitor changes to the Site and ensure that the information you rely upon is up to date.

1. Dependence on Information Provided

27.1. The information provided on or through the Site is made available exclusively for informational purposes and should not be used as the sole basis for making decisions without consulting primary, more accurate, or more timely sources of information. While we strive to keep the information on the Site up to date and correct, we make no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability, or availability of any information, products, services, or related graphics contained on the Site. Any reliance you place on such information is therefore strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We expressly disclaim any and all liability in connection with decisions made or actions taken based on the contents of the Site. 

1. No Free Trial, Refunds and Subscription Details

28.1. All purchases made and fees paid (“Charges”) on the Site and the Platform are final and non-refundable, whether for services rendered or unused. Users opting for payment plan options acknowledge their commitment to the full payment term agreed upon, irrespective of usage.

28.2. While Charges, once made, are non-refundable, we are not oblivious to the occasional exigencies Users may face. If you wish to discuss potential refunds, please reach out to us. 

28.3. Subscriptions

We offer certain products or services via a subscription model. This model requires recurring payments to continue receiving the associated product or service. The initial term of the subscription varies and can be a month, or year based on the option chosen during purchase.

There is no provision to cancel a subscription soon after purchase.

28.4. Automatic Renewals of Subscriptions

Unless canceled, all subscriptions purchased on the Site will automatically renew based on the term length (monthly or yearly) selected by the customer. The automatic renewal process utilizes the payment method on file.

Users can cancel the automatic renewal of subscriptions through their account on the Site. Note that upon the effective date of cancellation, Users will no longer have access to the items or services associated with the subscription.

Upon contacting us, the cancellation of automatic renewal will take immediate effect. However, there will be no pro-rata refund for any period of subscription not utilized post-cancellation.

1. Cancelation by Earable

29.1. We do not offer Users the ability to cancel any purchases of the Products made on our Site. However, at our sole discretion, Earable reserves the right to cancel any of its services or other purchases made by Users, for any reason, including but not limited to instances of fraud, inaccuracies, or unavailability of the purchased items or services. In such scenarios, Users will be notified in writing (which may include email communication) prior to the commencement of the course or service.

29.2. Upon such cancellations by Earable, we will refund all fees paid by the User. 

29.3. In the event of a planned cancellation, we will notify you accordingly. Our liability for such cancellations will be confined to a refund of the fee or any other charges paid for the cancelled services. In the case of partial cancellation of a service, refunds will be proportionately issued.

1. Disclaimer of Warranties

30.1. You acknowledge that we cannot guarantee or assure that files available for download from the internet or the Site will be devoid of viruses or other harmful code. It is your responsibility to establish suitable procedures and checks to meet your specific requirements for anti-virus protection and data accuracy for both input and output. Additionally, you are expected to maintain an external means for the reconstruction of any lost data.

30.2. IN COMPLIANCE WITH APPLICABLE LAWS, WE WILL NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY SITE LINKED TO IT.

30.3. OUR SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE GREATEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) CONTAINED HEREIN. EARABLE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND PROGRAMMERS) SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE ON IT. 

30.4. The products or services, or both, described on the Site are offered in jurisdictions where they may be legally sold. The information on the Site does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

30.5. THE ABOVE DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation of Liability & Remedies

31.1. Earable, its suppliers, or other third parties referenced on the Site shall not be liable for any damages of any kind (including, but not limited to, those resulting from reduced outcomes, service interruptions, or incorrect information) that exceed the lesser of the aggregate contract value of a single transaction by any User or fees paid to Earable in the last 12 months. This limitation applies regardless of the legal theory the claim is based on, whether it be warranty, contract, tort, or otherwise, and whether or not Earable has been advised of the potential for such damages. This includes, but is not limited to, your reliance upon opinions or information appearing on the Site, any computer viruses, information, software, linked websites operated by third parties, products or services obtained through the Site, whether based on a theory of negligence, contract, tort, strict liability, or consumer protection statutes, even if Earable has been advised of the possibility of such damages. If your use of materials or information from the Site necessitates servicing, repair, or correction of equipment or data, you assume all costs thereof.

31.2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EARABLE DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THE SITE, EARABLE CONTENT, USER CONTENT, OR ANY OTHER SITE FEATURES, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND THE PURCHASE OF EARABLE SERVICES REMAIN SOLELY WITH YOU. NEITHER EARABLE, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE, WILL BE LIABLE FOR 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 OR SITE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, EARABLE WEBSITES, OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EARABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

31.3. IF, NOTWITHSTANDING THE LIMITATIONS SET OUT ABOVE, EARABLE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THE EARABLE’S LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO EARABLE IN CONNECTION WITH SUCH TRANSACTION(S) ON THE SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATED RISK BETWEEN YOU AND EARABLE AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EARABLE. THE LIMITATION SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

31.4. The limitation of liability set forth in this Section 31 shall not apply to the extent prohibited by applicable law. To the extent that the limitations of liability herein are not enforceable under applicable law, the Company’s liability shall be limited to the maximum extent permitted by such law. This Section 31 shall not affect any statutory rights that may not be disclaimed under applicable law.

31.5. Earable does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification, or guarantee of any User Content. You shall not create or distribute information, including, but not limited to, advertisements, press releases, or other marketing materials, or include links to any sites which contain or suggest an endorsement by Earable without the prior review and written approval of Earable.

31.6. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

31.7. In the event of a breach of these Terms relating to your purchase, you agree that your sole remedy shall be to pursue dispute resolution as stipulated in “Section 34. Arbitration” below. This remedy is intended to be your exclusive remedy for any breach of these Terms as it relates to your purchase. 

1. Indemnification

32.1. You agree to indemnify, defend, and hold Earable, along with its parent organizations, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, liens, damages, judgments, awards, demands, losses, costs, expenses or fees, including reasonable attorneys’ fees and costs that arise from or are related to your breach of these Terms and Conditions or your use of the Site. This includes, but is not limited to, your use of the Site’s content, services, and products beyond what is expressly authorized in these Terms and Conditions, or any violations of the same by any individuals under your control. It also includes any issues that arise from the use of any content--including User Content--that you have submitted, posted, transmitted, or otherwise provided to Earable of the Site, or your use of any information obtained from the Site.

1. Governing Law and Jurisdiction

33.1. These Terms and Conditions, their interpretation, performance, and any disputes that may arise from them shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without regard to its principles of conflicts of laws. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, and Incoterms do not apply.

33.2. All legal actions or proceedings arising under or in connection with these Terms and Conditions shall be brought exclusively in the federal or state courts within the county of Sussex, in the State of Delaware, United States. By using the Site, you irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of any such action, and waive any objections to the jurisdiction of such courts or that such courts represent an inconvenient forum.

33.3. Earable operates and controls the Site from its locations within the United States. We make no representation that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

33.4. Despite our policies, we reserve the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

33.5. Please note that your use of the Site may be subject to other local, municipal, state, provincial, national, and international laws.

1. Dispute Resolution and Binding Arbitration 

34.1. If there is any dispute between Users and the Company, you hereby agree to engage in a good faith mediation for at least 30 days (“Mediation”). This process aims to provide an informal forum to resolve any disputes, controversies, or claims. If Mediation fails to yield a resolution, then, and only then, shall the matter be escalated to binding arbitration.

34.2. At the sole discretion of Earable, it may require that any unsettled disputes, controversies, or claims arising out of or relating to these Terms and Conditions or the use of the Site, including but not limited to disputes regarding their formation, interpretation, breach, violation, nullity, invalidity, non-performance, termination, or otherwise, be finally settled by binding arbitration under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.

34.3. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Rules in the Sussex County in the State of Delaware, United States, unless you and Earable agree otherwise. The laws of the State of Delaware shall govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, its interpretation, construction, performance, and enforcement.

34.4. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

34.5. Notwithstanding the foregoing, Earable retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

34.6. You acknowledge and agree that you and Earable are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Earable otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution and Binding Arbitration” section will be deemed void.

34.7. This arbitration agreement will survive the termination of your relationship with Earable.

1. Time Limitation for Claims

35.1. YOU AGREE THAT ANY CAUSE OF ACTION, CLAIM, OR DISPUTE THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE, OR EARABLE’S SERVICES (COLLECTIVELY, “CLAIM”) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. FAILURE TO INITIATE A CLAIM WITHIN THAT ONE (1) YEAR PERIOD WILL RESULT IN THE CLAIM BEING FOREVER BARRED, REGARDLESS OF ANY LAW TO THE CONTRARY. THIS PERIOD IS NOT EXTENDED IF EARABLE CHOOSES TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE OR ITS SERVICES FOR ANY SUSPECTED OR ACTUAL BREACH OF THESE TERMS AND CONDITIONS.

35.2. This section relating to the time limitation for claims will survive any termination of your access to the Site or Earable’s services. 

1. Waiver and Severability

36.1. No act, omission or delay by Earable in exercising any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict that further exercise of that or any other right or remedy by Earable. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

36.2. In the event that any provision of these Terms and Conditions is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid and enforceable to the fullest extent permitted by law. If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining portions shall remain in effect and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law. 

36.3. This clause shall not apply if the severance alters the basis nature of these Terms and Conditions or its contrary to public policy. In such cases, Earable reserves the right to terminate your use of the Site, the Platform. and its services. 

36.4. Additionally, Users have the prerogative to initiate termination through their account profile settings. However, it is imperative to understand that certain provisions or consequences may still apply post-termination, depending on the nature of User’s engagement and any previous agreements. 

1. Entire Agreement; Force Majeure

37.1. The Terms and Conditions, Privacy Policy, and any other guidelines, rules, or operating policies that Earable may post on the Site, or provide to you from time to time, constitute the complete and exclusive understanding and agreement between you and Earable concerning your use of the Site, and supersede and govern over all prior written and verbal agreements, representations, and understandings related to the Site.

37.2. No partnership, joint venture, franchise, or agency relationship is intended or created between you and Earable by these Terms and Conditions. Neither party has the power to obligate or bind the other beyond what is established in this agreement. 

37.3. If Earable is prevented from carrying out its obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, war, fire, riot, terrorism, earthquake, government mandates, or other similar events, this will not be deemed a breach of these Terms and Conditions. Upon occurrence of a Force Majeure event, Earable will be excused from any further performance or obligation of the affected obligation for as long as such circumstances persist, and such non-performance shall not constitute a breach of this agreement. 

1. Your Comments and Concerns

38.1. The Site is operated by Earable in the United States.

38.2. We value your feedback and comments and are always interested in learning about ways we can improve your experience on our Site. Please direct all feedback, comments, and other inquiries, including any contact@earable.ai.

38.3. For prompt resolution of your issues, please include as much detail as possible in your communication, including specifics about your issue, error messages, and any steps you have already taken to attempt to resolve the issue. We aim to respond to all communications within a reasonable timeframe.

1. Effective Date and Updates

39.1. The Terms and Conditions herein are effective as of [December 1], 2023. As our business evolves, Earable reserves the right to revise, modify, or update these Terms at any time in our sole discretion. When we make changes, we will update the date at the top of the Terms and, in some cases, we may provide additional notice such as adding a statement to our homepage or sending you an email notification 7 days in advance for new functionality, security updates, bug fixes, and a court order.

39.2. Please ensure you review these Terms periodically to stay informed about any modifications. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. If you do not agree to the amended Terms, you must stop using the Site.

39.3. Please note that we reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and Our Privacy Policy.