Terms of service

This is an agreement between ear1 Inc. (collectively referred to herein as “ear1”, “we”, “us”, or “our”) and you (each of ear1 and you, a “Party” and together the “Parties). By using any ear1 service, whether through www.ear1.com (the “Website”), any associated website, API, or mobile application (collectively, “Services”), you agree that you have read, understood and accepted all of the terms and conditions contained herein (the “User Agreement”), as well as our Privacy Policy located at https://www.ear1.com/privacy.

You may be an employee or agent of a business entity, and therefore references to “you” shall also include: (1) any entity or individual that is your employer or for whom you act as agent, and (2) any of such entities other users individually (collectively, “Personnel”), in each case unless otherwise stated on the Website or in this User Agreement.

By accessing the www.ear1.com website and/or using the Services, you agree to these terms and conditions (including those set forth in our Privacy Policy and any other policies made available through the Website, the Services, or in our communications with you (collectively “Policies”)). Please read them carefully. This User Agreement and the Policies govern your use of the Services.

This User Agreement contains a binding arbitration provision, which you understand and agree to, and you additionally understand and agree that by entering into this User Agreement you waive your right to a trial by jury and right to participate in any className action lawsuit based on any dispute you may have with us. If you are a Prohibited User (users who violate this agreement) you must not use the Website or the Services. If we believe (in our sole judgment) that you are or may be a Prohibited User we may suspend, cancel or terminate your User Account without notice to you and without any liability.

A. GENERAL USE

1. Eligibility. By entering into this User Agreement, you affirm that you are an individual, at least 13 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Policies as incorporated herein, as amended from time to time. In order to use Services provided by ear1, you may be required to provide certain identifying information. We use information you provide to us as described in our Privacy Policy. We do not store information you provide to us except as necessary to allow you to access your User Account, retrieve your own info and use the Services.

2. Modification

2.1. We may change the terms of this User Agreement at any time. Any such changes will take effect when posted on the Website, or when you use the Services. Please check back frequently because some of the terms may have changed since the last time you used the Services.

2.2. Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any such provision.

B. ear1 USER ACCOUNT

3. Creating your own User Account may require you to use multiple methods of authentication or verification. We currently use Google and Apple third party authentication on our mobile app.

4. You agree and understand that you are solely responsible for managing and maintaining the security of any information relating to your login credentials like email address and associated password, and agree that ear1 will not be held responsible (and you will not hold us responsible) for any unauthorized access to the Services and/or data relating to your account or any resulting harm you may suffer.

5. You agree that you will not permit access to your login credentials to any other party, and will not hold ear1 responsible for any actions taken by individuals unauthorized to access your User Account.

C. COMMUNICATION

6. By entering into this User Agreement, you understand and agree that any and all communications from ear1 may be provided to you via electronic mail at the address you provided when creating your User Account. You agree and acknowledge that ear1 shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of the Services so long as such notice is provided to the email address associated with your User Account.

5. You further acknowledge and agree that ear1 shall also be permitted to communicate with you through other methods, including via telephone call or instant messaging or chat applications either operated by ear1 or a third party.

6. If you use any of the Notification Services, you acknowledge that the Notification Services are “self-configuration” services and that you are solely responsible for their proper configuration, including for testing to confirm that such Notification Services are properly configured. The Notification Services are provided for your convenience on an informational basis only, and should not be relied upon for monitoring the status of your User Account. We do not guarantee that any notifications received via the Notification Services will be accurate or timely.

D. USER ACCOUNT SUSPENSION OR TERMINATION

7. You may close your User Account at any time, at your sole discretion. You may be required to take certain actions in order to complete a pending transaction or providing additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from ear1, or incurred by ear1 on your behalf with a third party in order to complete any such action.

8. You agree and understand that ear1 reserves the right, in our sole discretion, to immediately suspend, freeze or terminate your User Account or any Wallet in the event that you are suspected by us of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, believed to be or have become a Prohibited User, or are believed to be involved in activities or conduct detrimental to ear1.

E. INTELLECTUAL PROPERTY

9. Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are the property of ear1 or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Services.

10. You acknowledge and agree that the material and content contained through our Services are made available for your personal lawful use only, and that you may only use such material and content for the purpose of using the Services.

11. You further acknowledge and agree that any other use of content from the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via our Services on any copy you make of the material but failing to do so shall not prejudice ear1’s intellectual property rights therein.

12. You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from our Services without our express, written permission.

13. Any rights not expressly granted herein to use the materials contained on or through our Services are reserved by ear1 in full.

14. Trademark and Domain Name Protection. The Website and the Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by ear1. Your use of the Services does not give you any right, license, permission or interest of any kind in or to the Marks. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the term of this User Agreement and thereafter. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Website or Services without our express written consent. You may not use any meta tags or any other “hidden text” utilizing ear1’s name or Marks without the express written consent of ear1. You shall not use or register any domain name that is identical to or similar to any of the Marks.

F. ACCURACY OF INFORMATION.

15. We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services (including the Notification Services), but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

16. You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites or the security associated with the transmission of information through the Services or any website linked to the Services.

G. THIRD PARTY SERVICES AND CONTENT.

17. In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.

18. You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

H. TECHNICAL SUPPORT AND DISPUTE RESOLUTION

19. We will use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.