Terms of Service

I. Introduction

These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern your relationship with the TINNITUS: SOUND THERAPY Service (the “Service”) operated by Kirkhanidi Dimitri (hereinafter: “Kirkhanidi“, “us”, “we”, or “our). It is important that you read this carefully because you will be legally bound to these terms.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By downloading the Application from the Apple AppStore or Google Play, and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement.

All rights not expressly granted to You are reserved.

II. Description of Service

The “Service” is a piece of software designed to provide its users with the best healthy recipes and customized for Apple and Android mobile devices. The application uses the combinations of sounds for tinnitus sound therapy. The application has white and coloured noises to quickly distract your brain from tinnitus and let you go back to your activities.The application has a collection of different sounds, from city sounds to the sounds of fauna and white noise. You can set your individual audio tracks mixing different sounds. Sound therapy will work in the background mode through the smartphone’s speakers.

All software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of “Kirkhanidi“ Any modifications to the Service are also subject to these Terms.

III. Scope of License

You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store / Google Play Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

This license will also govern any updates of the Application provided by “Kirkhanidi“ that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

You may not share or make the Application available to third parties (unless to the degree allowed by the Apple/Google Terms and Conditions, and with “Kirkhanidi“ prior written consent) sell, rent, lend, lease or otherwise redistribute the Application.

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with “Kirkhanidi“ prior written consent).

You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store / Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

“Kirkhanidi“ reserves the right to modify the terms and conditions of licensing.

Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

IV. Fees and Payment

Service’s subscription is purchased online or via Apple’s iTunes store, or Android’s Google Play store. When you purchase a subscription, you are also subject to the iTunes or Google Play terms of service.

Service’s’s subscription is purchased via an iTunes or Google Play auto-renewing subscription. This means your subscription is automatically renewed at the end of the subscription period.

V. Free Trial

“Kirkhanidi“ may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by “Kirkhanidi“ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, “Kirkhanidi“ reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

VI. Fee Charges

“Kirkhanidi“, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

“Kirkhanidi“ will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

VII. Cancellations

You can modify or cancel your subscription at any time from within the application (if purchased online) or by signing in to your iTunes or Google Play on your computer or iOS or Android device and changing the settings.

For more details:

• iOS: http://support.apple.com/kb/HT4098
• Android: https://support.google.com/googleplay/answer/2476088

VIII. Refunds

Your payment is managed by Apple via iTunes or Google via Google Play and you will need to contact Apple or Google customer service for refunds, as we are not able to process refunds ourselves.

IX. Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of “Kirkhanidi“ and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of “Kirkhanidi“ or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

X. Termination

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you disable subscription renewal in your iTunes account settings on your device.

Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either “Kirkhanidi“ or our other customers.

XI. Limitation of Liability

“Kirkhanidi“, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

XII. Disclamer and Non-waiver of Rights

“Kirkhanidi“ makes no guarantees, representations or warranties of any kind as regards our mobile application and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. In such cases, the provincial law shall apply to the extent necessary.

“Kirkhanidi“ not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and “Kirkhanidi“ chooses not to immediately act, or chooses not to act at all, “Kirkhanidi“ will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. “Kirkhanidi“ does not waive any of its rights. “Kirkhanidi“ shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

XIII. Applicable law

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America. “Kirkhanidi“ makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Í

XIV. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using this mobile app.

The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.

XV. HOW TO CONTACT US

If you have any questions about this Privacy Policy, please feel free to contact us at support@kirkhanidi.app