Earzz Terms of Purchase
These Terms form a legal agreement between you and Earzz Limited, registered in England with registered office at 7 St Pauls Road, Newton Abbott, Devon, England TQ12 2HP (we or us). You are purchasing the Earzz device in order to enable the individuals identified on the order form (the Users) to use the Earzz device and Earzz app. You shall ensure that the Users comply with these Terms.
If you do not agree to be bound by these Terms, do not purchase the Earzz subscription plan/device and/or try to access the Earzz app. If you have any questions, contact us at firstname.lastname@example.org . We may amend these Terms at any time. If your Users have a current subscription plan, we shall notify you of the amendment, and if you do not agree to the amendment, then it will not be effective in respect of the then-current subscription plan.
The Earzz device is not sold to you for re-sale. If you would like to purchase the Earzz devices for re-sale, please contact us at email@example.com.
The subscription (Membership)
Details of the subscription (membership) plans are available at earzz.com.
Use of the Earzz device
Use of the Earzz device requires a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Earzz device and app, and you agree that you must maintain the equipment’s functionality. You are responsible for all Internet access charges.
We are not liable if a User is unable to access the Earzz app for any reason within the User and/or your control, including failure to use appropriate equipment or insufficient bandwidth.
Registration on the Earzz App
Users must be at least 18 years old to register on the Earzz app. You must provide accurate and current information when you register the User, and if there is any change to the information that you provide to us, you should update the account. You are responsible for all activity that takes place through your account, so you should keep your account credentials confidential and up to date.
Use of the Earzz App and Earzz Devices
The Earzz app and connected Earzz devices are for personal, non-commercial use.
You shall comply with all of our reasonable instructions relating to the Earzz app and Earzz devices. We may, at our sole discretion, provide upgrades and new releases of the Earzz app and devices from time to time.
You agree that we shall be entitled to record Users’ access and use of the Earzz app for the purposes of diagnosing and fixing problems, training and support. We may transfer such records to third parties for the purposes of analysis and processing.
You should use the Earzz app in order to operate the Earzz device and for no other purpose.
You shall not, and shall not permit or assist any third party including a User to:
- use the Earzz app and/or the Earzz devices for any unlawful purpose;
- modify, translate, adapt or copy the whole or any part of the Earzz app and/or Earzz devices, nor arrange or create derivative works based on the Earzz app and/or Earzz devices;
- reverse engineer, decompile, or disassemble or otherwise attempt to derive or determine the source code for the Earzz app and/or the Earzz devices (except to the extent applicable laws specifically prohibit such restriction);
- make for any purpose, including error correction, any modifications, adaptions, additions or enhancements to the Earzz app and/or Earzz devices;
- cause any damage to the Earzz app or impairment of the availability or accessibility of the Earzz app;
- sell, purport to assign or license access to the Earzz app and/or the Earzz devices;
- remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels or other proprietary notice on any of the Earzz app and/or the Earzz devices;
- view or access the Earzz app and/or the Earzz devices with the intention of replicating similar content or functionality within a competing platform, site or mobile application.
We use push notifications to alert Users to sounds they have chosen to listen for in the Earzz app.
The price paid for the Earzz device does not include training on the use and/or installation of the Earzz device and app. If you require such training, please contact us and we shall provide our training to you at a date, time and a price to be agreed.
We shall use reasonable endeavours to make the Earzz app available at all times, but you acknowledge that there may be occasions when access to the Earzz app may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We reserve the right to remove any content or features from the Earzz app for any reason, without prior notice, and shall have no liability or responsibility to you or a User in any manner whatsoever in such circumstances, save for refunding pro-rata any amount paid in advance in respect of any significant content or features suspended or stopped that was previously accessed and used. We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so.
Purchasing the Earzz device
You may purchase Earzz devices from us if you are at least 18 years old and the delivery address is in a country where we deliver.
You must make sure that all information you provide to us, including email and delivery address, is accurate. We will not refund you or deliver a replacement Earzz device if we have delivered the Earzz device to the address you provided to us – even if you have not given us your correct address.
We must receive payment of the whole of the price for the Earzz device, including the delivery cost, before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided. You cannot cancel your order once we have accepted it.
The price of the Earzz device and the costs of delivery are set out on our website, and we reserve the right to change the price and costs of delivery at any time, although such changes shall not apply to any order accepted by us.
We will use all reasonable endeavours to deliver the Earzz device in accordance with the delivery timescale you select. If you do not receive the Earzz device within such timescale, you should notify us accordingly.
If we deliver the Earzz device outside of the UK, it may be subject to additional charges, such as import duties and taxes, which are levied once the Earzz device reaches the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges, and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that The Earzz devices for delivery overseas may be opened and inspected by customs authorities.
Our Right to Cancel a purchase for an Earzz device
We reserve the right to cancel your order if:
- we suspect that your order is fraudulent or otherwise in breach of these Terms;
- we have insufficient stock;
- we do not deliver to your delivery address;
- we cannot obtain authorisation for your payment;
- we cannot verify that you are aged 18 or over;
- and/or the Earzz device was listed at an incorrect price due to a typographical error.
If we do cancel your order, we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of your order. We will not be obliged to offer any additional compensation for the disappointment suffered.
You agree that no copyrights or other intellectual property rights that subsist in the Earzz device and app, including all software, images and content, shall transfer to you. You acknowledge that all copyrights or other intellectual property rights in the Earzz device or app belong to us or are licensed to us, and that such rights are licensed (not sold) to you. You may not copy or distribute any part of the Earzz app without our prior written consent.
EARZZ is a trade mark of Earzz Limited.
Feedback, Suggestions and Improvements
Every time we send you an app notification, we ask you to submit feedback. From time to time, you may also submit to us ideas, comments and suggestions, including but not limited to requests for specific sounds to be included in the Earzz app.
If you submit any content to us, you agree that on submission, you assign to us all rights in the content. You further agree that we shall be under no obligation to keep such content confidential. We shall be entitled (but not obliged) to use, disclose, reproduce, distribute and exploit your content without any restriction or compensation to you. Any content you submit to us shall not be deliberately or knowingly false or misleading.
You must inspect the Earzz devices immediately on receipt and notify us within 5 working days if there are any missing or defective Earzz devices. If we agree that there are missing or defective Earzz devices, then we will deliver the additional Earzz devices and repair/replace the defective Earzz devices within a reasonable period of time.
This LIMITED MANUFACTURER’S WARRANTY covers defects in the Earzz device, materials and workmanship for a period of 6 months from the date of receipt. During the period, Earzz Limited will replace or repair, at its sole option, any defective Earzz devices returned to us by its original purchaser. If you believe you have received a defective Earzz device, we will either repair or replace the defective device or its defective component part(s) in accordance with the terms of this limited warranty. We warrant the replacement for the remaining unexpired period of the original Earzz device’s warranty. This warranty does NOT cover problems that result from abuse, accident, misuse, improper maintenance or problems with electrical power. It does not cover uses not in accordance with the user manual. It does not cover commercial use of the Earzz device. It does not cover outdoor use of the Earzz device. It specifically excludes devices for which Earzz Limited has not received payment or devices received as Kickstarter rewards.
This limited warranty applies only to the original purchaser of the Earzz device and to Earzz devices purchased directly from us or one of our authorised sellers unless otherwise prohibited by law. Our Earzz devices are legitimately sold only by us and our authorised sellers, who are required to follow our policies, procedures, and quality control standards. This limited warranty does not warrant that the operation of the Earzz device will be uninterrupted or error-free.This limited warranty is our only liability in respect of the Earzz devices, and all other warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
There are limitations on what Earzz can and cannot do and should not be relied on in circumstances where there are safety risks or concerns. Earzz devices should NOT be relied upon in circumstances where you may be harmed or injured in high-risk or emergency situations. Please see the user manual for full details, but note in particular:
- The Earzz device won’t work if it is inappropriately used; for example, if the microphone is blocked, or if it is used in a noisy environment, or if it has been damaged.
- The Earzz device is a new product, and we are continually working on how best to improve its listening ability and recognition of sounds. The device updates automatically to reflect this.
But, you agree that it may not, therefore, always be accurate or reliable, and it may not always correctly classify a sound.
We shall not be liable to you or the Users, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Earzz device or app for any:
- economic loss (including loss of revenues, profits, contracts, business or anticipated savings);
- loss of reputation or goodwill;
- wasted expenditure;
- and/or special, indirect or consequential loss even if advised of the possibility of such losses.
Our total liability arising out of or relating to the Earzz device or app, our contract with you or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the sums paid by you in the 6 months preceding the date of the claim.
No action may be brought against us in connection with the Earzz device and Earzz app unless proceedings are issued against us within 12 months after you became or ought to have become aware of the circumstances giving rise to such a claim.
Nothing in these Terms excludes or limits our liability for death or personal injury cause by our negligence; for fraud or fraudulent; and/or for any other liability that cannot be lawfully limited or excluded.
These Terms supersede all prior representations or arrangements and contain the entire agreement between us in relation to the Earzz device and Earzz app. All other terms and conditions, express or implied, are excluded to the extent permitted by law. None of Earzz’s representatives are entitled to amend these Terms except in writing, signed by a director.
All samples, descriptive matter and advertising issued by us and any descriptions or illustrations provided are given for the sole purpose of giving an approximate idea of Earzz device and Earzz app.
Auto-renewal and termination
The length of your subscription depends on the subscription plan you have chosen for each User. We may automatically renew your subscription plan at the end of your subscription term for an additional term at the then-current subscription fee if you agree to do so. We will contact you in advance of the renewal date to discuss this with you. You acknowledge and agree that we shall be entitled to change the subscription renewal fee at any time.
If you breach or fail to comply with any provision of these Terms, your right to use the Earzz app will automatically terminate, but no refund will be due to you. If any User breaches or fails to comply with any provision of these Terms, that User’s right to use the Earzz app will automatically terminate, but again no refund will be due to you. Termination of these Terms will not affect any rights that may have arisen as at the date of termination or which arise following the termination.
You acknowledge that Users will no longer be able to use the Earzz device(s) upon termination of their subscription unless you renew their plan.
Please contact us at firstname.lastname@example.org if you have any comments or complaints under these Terms. We will do our best to resolve your complaint as soon as possible.
We intend that these Terms shall be governed by and construed in accordance with English law, and we agree that if you are a resident of England, you can bring proceedings in the English courts. However, if you are a resident of another country, you may also bring proceedings in that country if your local consumer law gives you the right to do so.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
Your rights under these Terms cannot be assigned to any other person unless we agree to such transfer in writing. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms set out the whole agreement between you and us in relation to your use of the Earzz app and purchase of the Earzz device.
Additional Terms if you download the App from the App Store
We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App. The licence granted to you from the App Store for the App is limited to a non-transferable licence to use the App on any Apple product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Terms. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.