Terms of Use

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT OR SAUNDZ WEBSITE

1.  YOUR AGREEMENT

1.1 “SAUNDZ Software” means the “SAUNDZ” branded software application and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Thinknologies doo, under license from EVOVE Limited.

1.2 The features of the Software that you pay for (including features which are available for free on a trial basis only) (“Paid For Product”) are provided to you by Thinknologies doo, under license from EVOVE Limited.

1.3 “SAUNDZ Website” means www.saundz.com, which website is operated by Thinknologies doo, under license from EVOVE Limited.

1.4 “EVOVE” means EVOVE Limited, Room 01, 22nd Floor, Chung Kiu Commercial Building, 41-45 Shan Tung Street, Mongkok, Kowloon, Hong Kong;

1.5 “Thinknologies” means Thinknologies doo, Kralja Aleksandra br 12, Novi Sad, 21000 Serbia;

1.6 “Product” Paid For Product; “you”, “your”, you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.

1.7 Your agreement with EVOVE is made up of the terms and conditions set out in this document (“Agreement”), together with any fair usage policies described in this Agreement and Additional Terms referred to in paragraph 14 (collectively the “Terms”).  To the extent of any inconsistency between the fair usage policies or any Additional Terms and this Agreement, this Agreement shall take precedence.

2.  ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, Product and/or SAUNDZ Website you must first accept these Terms.  These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Product and/or SAUNDZ Website.  We advise you to print a copy of these Terms for your records.  These Terms remain effective from the date of acceptance until terminated by you or EVOVE in accordance with paragraph 11.

2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Product and/or SAUNDZ Website in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with EVOVE.

2.3 In some countries the Product may be provided to you by EVOVE’s local partner.  If so, that local partner may ask you to accept its own terms of service (“local terms”).  If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.

3.  CHANGES TO THE TERMS

EVOVE may make changes to these Terms from time to time.  EVOVE will publish the changes at //www.saundz.com/tou.  Changes to the fair usage policies and/or Additional Terms will be posted on the SAUNDZ Website.  The changes will be effective when published.  Please review the Terms on a regular basis.  You understand and agree that your express acceptance of the Terms or your use of the Software, Product and/or SAUNDZ Website after the date of publication shall constitute your agreement to the updated Terms.  If you do not agree with the amended Terms, you may terminate your relationship with EVOVE in accordance with paragraph 11.

4.  LICENCE

4.1 License.  Subject to your compliance with these Terms you are granted a limited, non-exclusive, non-sublicensable, non-assignable license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual SAUNDZ user account (“User Account”).  For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the SAUNDZ Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work.  EVOVE reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions.  You may not and you agree not to: (a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software; (b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law); (c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software; (d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial Product or services to third parties.  The foregoing shall not preclude you using the Software for your own educational purposes, subject to paragraph 4.1; (e) other than for the purposes of download and installation, use the Software except through your User Account.

4.3 Third Party Technology.  If you are using the Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party Product, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some functionality of the Software may not be accessible through the Third Party Technology and (c) EVOVE cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.

4.4 Third Party Notices.  The Software may include third party code that EVOVE, not the third party, licenses to you under this Agreement.  Notices, if any, for the third party code are included for your information only.  Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by EVOVE.

5.  USE OF THE SOFTWARE AND PRODUCT AND SAUNDZ WEBSITE

5.1 Equipment.  In order to use the Software you will need an Internet broadband connection.  You are responsible for providing all equipment required to access the Internet or enable audio communications such as headsets and microphones.

5.2 Use of Your Equipment.  The Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating establishing the connection between the Software and our servers.  If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use.  You represent and warrant that by accepting these Terms, you have obtained such consent.

5.3 Updates to the Software.  EVOVE may automatically check your version of the Software.  You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates.  EVOVE has no obligation to make available any Updates.  However, EVOVE may (a) require you to download and install Updates; or (b) download and install Updates from EVOVE automatically from time to time unless you have chosen (through your Software client settings) not to receive automatic Updates.  These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.  You agree to receive such updates from EVOVE in order to continue using the Software and you agree to accept such Updates subject to these Terms.

5.4 Suspension, technical improvement and maintenance.  From time to time, EVOVE may need to perform maintenance on or upgrade the Software, Product or SAUNDZ Website or the underlying infrastructure that enables you to use the Software, Product or SAUNDZ Website.  This may require EVOVE to temporarily suspend or limit your use of some or all of the Software, Product or SAUNDZ Website until such time as this maintenance and/or upgrade can be completed.  To the extent possible and unless an intervention is urgently required, EVOVE will publish the time and date of such suspension or limitation on the Software, Product and/or SAUNDZ Website in advance.  You will not be entitled to claim damages for such suspension or limitation of the use of the Software, Product or SAUNDZ Website.

5.5 Quality.  EVOVE cannot guarantee that the Software, Product or SAUNDZ Website will always function without disruptions, delay or errors.  A number of factors may impact the quality of your use of the Software, Product or SAUNDZ Website including but not limited to: your local network, firewall, your internet service provider, the public internet and your power supply.  EVOVE takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.6 Changes to Product.  EVOVE is constantly improving the Software, Product and SAUNDZ Website and may also need to change technical features from time to time in order to comply with applicable regulations.  Accordingly, you acknowledge and agree that the Product and functionality of the Software may vary from time to time.  Technical requirements for use of Product and Software and feature descriptions are available on the SAUNDZ Website.  If you do not agree with any changes to Software or Product you may terminate your relationship with EVOVE in accordance with paragraph 11.  You may need to upgrade to a new version in order to enjoy the benefit of the Product.  In addition, you acknowledge and agree that the Product may be subject to usage limits or geographical restrictions, which may vary from time to time.  Please check the SAUNDZ Website for details of the most up-to-date usage restrictions that apply to the Product.

5.7 Unsolicited Ideas.  EVOVE does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new Product, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”).  If you send any Unsolicited Feedback to EVOVE through the SAUNDZ Website or otherwise, you acknowledge and agree that EVOVE shall not be under any obligation of confidentiality nor will you be entitled to any rights or compensation with respect to the Unsolicited Feedback.

5.8 Reports.  Certain parts of the SAUNDZ Website or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”).  Please read carefully any specific terms, which govern those Reports.  The Reports shall be deemed the property of EVOVE.  EVOVE shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports.  Any Reports you send to EVOVE will not be treated as confidential and EVOVE shall not be liable for any disclosure of the Reports.

5.9 Linking.  You may link to the SAUNDZ Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement by EVOVE where none exists.  You may not frame the Site on any other site.  EVOVE may revoke the permission to link to the SAUNDZ Website at any time at its sole discretion and will notify you in this respect.

6.  YOUR OBLIGATIONS

6.1 User Account.  Prior to your first use of the Software you will be asked to create a User Account and choose a password.  We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols.  You may only use the Software through your User Account.  You are solely responsible and liable for all activities conducted through your User Account.  To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services.  If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account.  It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data.  EVOVE takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Lawful Use.  You must use the Software, Product and SAUNDZ Website in accordance with the laws of where you are located.  In some countries there are restrictions on the download and use of the Software, Product and/or SAUNDZ Website.  It is your responsibility to ensure that you are legally allowed to use the Software, Product and/or SAUNDZ Website where you are located.

6.3 Prohibited Use.  You may not: (a) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Product or SAUNDZ Website; or (b) collect or harvest any personally identifiable information, including account names, from the Software, Product or SAUNDZ Website; or (c) impact or attempt to impact the availability of the Software, Product or SAUNDZ Website for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack; or (d) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Product or SAUNDZ Website.  Notwithstanding the foregoing, you agree that EVOVE grants to the operators of public search engines permission to use spiders to copy materials from the SAUNDZ Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  EVOVE reserves the right to revoke these exceptions at any time.

6.4 User Submissions.  Please exercise respect when participating in any features of the SAUNDZ Website or Software such as Forums, Blogs, email functions and/or publishing or any other function on the SAUNDZ Website or of the Software which allows you to post, upload, edit, host, share and/or publish content.  You acknowledge and agree that: (i) by using the SAUNDZ Website and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and EVOVE has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the SAUNDZ Website or through the Software; (iii) EVOVE does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) EVOVE is not responsible for any User Submissions that you may have access to through your use of the SAUNDZ Website or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated.  EVOVE does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.  In connection with your User Submissions, you represent and warrant that you (i) own or have the necessary licenses, rights, consents, and permissions to use and authorize EVOVE to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and (ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms.  You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner.  Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use.  You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.  Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the SAUNDZ Website or through the Software (excluding Reports) you automatically grant EVOVE a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the SAUNDZ Website, Software and Product including for the purpose of promoting or redistributing part or all of the SAUNDZ Website and/or the Software or Product, in any and all media now known or hereafter devised.  You also hereby grant each user of the SAUNDZ Website and/or Software or Product a non-exclusive license to access your User Submission through the SAUNDZ Website and/or Software or Product and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the SAUNDZ Website and/or Software or Product and pursuant to these Terms of Use.  In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.  You may not submit or publish through the SAUNDZ Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.  Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer.  You agree not to solicit, for commercial purposes, any users of the SAUNDZ Website or Software with respect to their User Submissions.  You agree not to circumvent, disable or otherwise interfere with the security related features of the SAUNDZ Website or Software or features that prevent or restrict the use of any content thereof.

6.5 Your Information.  From time to time, EVOVE may request information from you for the purpose of supplying the Software or Product to you.  You shall ensure that any such information is complete, up-to-date and accurate.

6.6 No Reselling.  The Software and Product are for your individual use.  You shall not resell or commercialize the Software and/or Product to any third party.

6.7 Export Restrictions.  The Software may be subject to international rules that govern the export of software.  You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.

7.  PROPRIETARY RIGHTS

7.1 The Software, Product and SAUNDZ Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 The content and compilation of content included on the SAUNDZ Website, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of EVOVE, its affiliates or licensors and are protected by United States and international copyright laws.  Such copyright protected content cannot be reproduced without EVOVE’s express permission.  You may download and make personal, non-commercial use of User Submissions on www.saundz.com that are displayed with a “download” or similar link.  EVOVE reserves all rights not expressly granted in the SAUNDZ Website.

7.3 EVOVE and/or its licensors retain exclusive ownership of the Software, Product and SAUNDZ Website and all intellectual property therein (whether or not registered and anywhere in the world).  You will not take any action to jeopardize, limit or interfere with EVOVE’s intellectual property rights in the Software, Product and/or SAUNDZ Website.

7.4 “SAUNDZ”, associated trademarks and logos are trademarks of EVOVE.  EVOVE has registered and filed applications to register its trademarks in many countries worldwide.  EVOVE’s trademarks and trade dress may not be used in connection with any product or service that is not EVOVE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EVOVE.  All other trademarks not owned by EVOVE or any of its related companies that appear on this site are the property of their respective owners.  You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of EVOVE’s intellectual property (in whole or part) or that is confusingly similar thereto.

8.  CHARGES

8.1 Charges for the Software/Product.  The charge for the Software/Product will be confirmed to you before you complete a purchase from EVOVE.

8.2 Promotional Offers.  From time to time, EVOVE may offer Paid-For Product for free for a trial period.

8.3 Third Party Charges: Using the Software on mobile tablet computers and mobile phones will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator.  Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

9.  PAYMENT

Payment methods.  EVOVE will make a payment method available to you.  EVOVE reserves the right to remove or amend the available payment methods at its sole discretion.

10.  REFUND POLICY

10.1 When you purchase Paid-For-Product directly from EVOVE you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of the Paid-For-Product in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.

10.2 The Cooling-Off Period and refunds do not apply to Paid-For-Product that are (i) purchased via a third party partner of EVOVE (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), or (ii) paid for in cash using third party payment methods (such as a cash payment wallet).

10.3 If you believe that EVOVE has charged you in error, you must contact EVOVE within ninety (90) days of such charge.  No refunds will be given for any charges which are more than ninety (90) days old.

10.4 EVOVE reserves the right to refuse a refund request if it reasonably believes (i) if you are in breach of these Terms; or (ii) if EVOVE reasonably suspects that you are using the Software or Product fraudulently or that your User Account is being used by a third party fraudulently.

10.5 This refund policy does not affect your statutory rights.

11.  ENDING YOUR RELATIONSHIP WITH EVOVE

11.1 You may terminate your relationship with EVOVE at any time and without recourse to the courts by requesting closure of your User Account and ceasing to use the Software, Product and/or SAUNDZ Website.

11.2 EVOVE may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Product or SAUNDZ Website at any time and without recourse to the courts: (a) if you are in breach of these Terms; (b) if EVOVE reasonably suspects that you are using the Software, the Product and/or SAUNDZ Website to break the law or infringe third party rights; (c) if EVOVE reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies; (d) if EVOVE reasonably suspects that you are using the Software, Product and/or SAUNDZ Website fraudulently or that your User Account is being used by a third party fraudulently; (e) on thirty (30) days’ notice if EVOVE decides to cease offering the Product; (f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of EVOVE’s partners; or (g) on thirty (30) days’ notice if EVOVE decides to cease offering the Software to users in your jurisdiction generally.

11.3 EVOVE shall effect such termination by preventing your access to your User Account, the Software, Product and/or SAUNDZ Website (as applicable).  We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

11.4 Consequences of Termination.  Upon termination of your relationship with EVOVE: (a) all licenses and rights to use the Software, Product and/or SAUNDZ Website shall immediately terminate; (b) you will immediately cease any and all use of the Software, Product and/or SAUNDZ Website; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

12.  EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

12.1 For the purposes of this paragraph 12, “EVOVE” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

12.2 No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCT AND SAUNDZ WEBSITE ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; EVOVE DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCT AND/OR SAUNDZ WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.  EVOVE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCT AND/OR SAUNDZ WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES EVOVE WARRANT ANY CONNECTION TO THE INTERNET.

12.3 Nothing in these Terms shall exclude or restrict EVOVE’s liability for (a) death or personal injury, (b) loss resulting from EVOVE’s willful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

12.4 No Liability.  YOU ACKNOWLEDGE AND AGREE THAT EVOVE WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO EVOVE, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SAUNDZ WEBSITE OR THE SOFTWARE.  YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR SAUNDZ WEBSITE IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR THE SAUNDZ WEBSITE.

12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4, EVOVE shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to EVOVE, for: (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect); or (d) any claim, damage or loss (whether direct or indirect) arising from or relating to: any product or service provided by a third party under their own terms of service, including without limitation any third party website.

12.6 Subject to paragraphs 12.3, 12.4 and 12.5, EVOVE’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF TEN UNITED STATED DOLLARS IN ALL CASES.

12.7 If any third party brings a claim against EVOVE in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold EVOVE harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

13.  ADDITIONAL TERMS

The SAUNDZ Website Etiquette provides guidelines on how to use the Software and Product and how to treat the other members of the SAUNDZ Website’s community properly and respectfully.  Please read these guidelines carefully which form part of the Terms.

14.  YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

EVOVE is committed to respecting your privacy and the confidentiality of your personal information.  We will process your personal information, usage data and the content of your communication(s) in accordance with our Privacy Policy: //www.saundz.com/privacy.

15.  FOR GOVERNMENT USERS ONLY

The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively; as such terms are used in United States Federal Acquisition Regulations paragraph 12.212.  Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S.  Government is subject to restrictions as set forth in this Agreement.

16.  HOW TO CONTACT EVOVE

16.1 To contact EVOVE in relation to the Software or Product, please submit a support request at: //www.saundz.com/support.

16.2 If you contact EVOVE by any means other than as set out in paragraph 16.1, your request may not be acknowledged.

17.  MISCELLANEOUS

17.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with EVOVE.

17.2 For your convenience, EVOVE may provide you with a translation of the English language version of these Terms.  In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with EVOVE.

17.3 These Terms constitute the entire agreement between you and EVOVE with respect to your use of the Software, Product and/or SAUNDZ Website and replace any prior agreements between you and EVOVE with respect to the Software, Product and/or SAUNDZ Website.

17.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

17.5 The failure by EVOVE to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of EVOVE’s right or remedy.  If EVOVE waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

17.6 You may not assign these Terms or any rights or obligations contained in them.  EVOVE may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

17.7 This paragraph 17, along with paragraphs, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

17.8 You acknowledge and agree that if EVOVE is unable to provide the Software, Product and/or SAUNDZ Website as a result of a force majeure event, EVOVE will not be in breach of any of its obligations towards you under these Terms.  A force majeure event means any event beyond the control of EVOVE.

17.9 These Terms shall be governed by and interpreted in accordance with the laws of Hong Kong and shall be subject to the jurisdiction of the courts of the district of Hong Kong.

18.  PRODUCT SPECIFIC TERMS

18.1 User Account.  You are not permitted to use one User Account on multiple devices at the same time.

18.2 Fair Usage Policy.  At EVOVE, we want all of our customers to get the best experience when using the Software.  This Fair Usage Policy (“FUP”) is designed to prevent fraud and abuse of our systems by a small number of users.  Subject to this FUP, the Software allows unlimited use.  All active connections to our servers will be disconnected and require a re-login after a 2-hour duration.  The Software is for individual use only in accordance with our Terms of Use and this FUP (“Legitimate Use”).  The following is a non-exhaustive list of practices that would not be considered Legitimate Use: Unusual usage patterns inconsistent with normal, individual use, for example, re-doing the same lesson on a regular basis.  Other practices may be relevant in determining Legitimate Use and EVOVE reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.  EVOVE may at its option, terminate its relationship with you, or may suspend your use of the Software immediately if it determines you are using the Software contrary to this FUP or EVOVE’s Terms of Use.  Where reasonable, EVOVE will provide you with notice of improper usage before suspension or termination of your use of the Software.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.  BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCT AND/OR SAUNDZ WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO EVOVE THE RIGHTS SET FORTH HEREIN.

© 2012-2013 EVOVE Limited.  All rights reserved.

SAUNDZ is a trademark of EVOVE Limited.

Any rights not expressly granted herein are reserved.

Send your questions to: questions@saundz.com

Last updated: July 2013