Effective Date: July 31, 2021
These Soundable Health Terms create a binding legal agreement between you andSoundable Health Entity (“Soundable Health”) and govern your use of theSoundable Health website (the “Site”), the PRIVY® mobile application (the“App”), and the content and functionality provided via the Site and the App(such content and functionality, together with the Site and App, collectively,the “Services”).
You affirm that you (i) are at least 18 years of age, (ii) are fully able andcompetent to enter into the terms, conditions, obligations, affirmations,representations, and warranties set forth in these Soundable Health Terms, andto abide by and comply with these Soundable Health Terms, and (iii) reside in,and will use the Services only while you are located in, the United States orSouth Korea.
1) OwnershipYou acknowledge and agree that Soundable Health and/or Soundable Health’stechnical, content and service providers (“Providers”) own all right, title andinterest in and to the Services, including all intellectual property rights(including, but not limited to, any and all copyrights, patents, patentapplications, trade secrets, trademarks and other intangible rights). Exceptfor materials and content that you have submitted via the Services, you may notpublish, reproduce, distribute, display, perform, edit, adapt, modify, orotherwise exploit any part of the Services without Soundable Health’s writtenconsent. You will not earn or acquire any ownership rights in any copyrights,patents, trade secrets, trademarks or other intellectual property rights onaccount of these Soundable Health Terms or any access to or use of theServices. You agree and understand that Soundable Health is not obligated toprovide you with access to the Services. You agree that all content providedthrough the Services are owned by Soundable Health, Providers and/or otherthird parties and that you will have no ownership rights in such content.
2) License Grant and Restrictions.a) Subject to your compliance with these Soundable Health Terms, SoundableHealth hereby grants you a limited, personal, nonexclusive, non-transferableand revocable license to access and use the Services on your personal device(s)solely for your personal, noncommercial use, as provided herein.b) You may not use the Services for any other purpose nor may you transfer orotherwise permit any other person or entity to access the Services using yourcredentials, which you acknowledge and agree are personal to you and arenon-transferable. You may not publish, reproduce, distribute, display, perform,edit, adapt, modify or otherwise exploit the Services or any contentdistributed thereon under any circumstances.c) You may not (i) circumvent or disable any content protection system ordigital rights management technology used with the Services, (ii) decompile,reverse engineer, disassemble or otherwise reduce the Services or any softwareor technology provided to you in connection with the Services, to ahuman-readable form, (iiii) remove identification, copyright or otherproprietary notices, or (iv) access or use the Services in an unlawful orunauthorized manner.
3) Additional Information about the Services.The Services may contain links to third party content and integrations withthird party platforms, like social media sites. Soundable Health does notcontrol, endorse, sponsor, recommend, or otherwise accept responsibility forsuch third party content and integrations. Use of any linked third partycontent and integrations is at your own risk. All rights not expressly grantedto you with respect to the Services are reserved by Soundable Health and itsProviders. When you access the Services through a mobile network, your networkor roaming provider’s messaging, data and other rates and fees will apply. Ifyou access third-party services, such as Facebook, Google, or Twitter, throughthe Services to login to the Services or to share information about yourexperience on the Services with others, these third-party services may be ableto collect information about you, including information about your activity onthe Site, and they may notify your connections on the third-party servicesabout your use of the Site, in accordance with their own privacy policies. Ifyou choose to engage in public activities on the Services, you should be awarethat any information you share there can be read, collected, or used by otherusers of these areas. You should use caution in disclosing personalinformation while participating in these areas. We are not responsible for theinformation you choose to submit in these public areas.
4) Accounts, Passwords and Security.You are responsible for taking reasonable steps to maintain the confidentialityof your username and password, and you are responsible for all activities underyour account that you can reasonably control. You agree to promptly notifySoundable Health of any unauthorized use of your username, password or otheraccount information, or of any other actual or reasonably suspected breach ofsecurity that you become aware of involving your account or the Services.Soundable Health will not be liable to you for any loss you may incur as aresult of someone else using your username, password or account with or withoutyour knowledge. You may be held liable for losses incurred by Soundable Healthor others due to any unauthorized use of your username, password or account.You may not use anyone else’s account at any time without the permission of theaccount holder.
5) Fees.You may be required to pay fees to Soundable Health in order to use certainfunctionality of the Services (“Service Fees”). You are responsible for payingany applicable Service Fees listed on the Services at the time of purchase. Ifsuch Service Fees are specified to be recurring on the Services, you agree thatSoundable Health may charge such Service Fees on a periodic basis to thepayment method you specify at the time of your initial purchase (your “Payment Method”).By using a Payment Method to pay Service Fees, you are expressly agreeing thatSoundable Health is authorized to charge to the Payment Method the Service Feesand any other fees for additional services you may purchase, together with anyapplicable taxes. You acknowledge and agree that any fees for the Services mayincrease at any time. Additional fees may apply for new features or additionsto the Service that may be made available from time to time, in which caseSoundable Health will provide you with notice in advance of charging theadditional fees. In the event Soundable Health charges additional fees inconnection with the Services, you will have an opportunity to review and acceptthe additional fees that you will be charged, prior to being charged. Youacknowledge and agree that Soundable Health may use third party paymentprocessors to process Service Fees on our behalf, and that Soundable Healthwill not be held liable for any errors caused by such third party paymentprocessors.
6) Limitations on Use of the Services.You may not access or use, or attempt to access or use, the Services to takeany action that could harm Soundable Health, its Providers, or any other thirdparty, interfere with the operation of the Services, or use the Services in amanner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
allow any other person to use theService under your account;engage in unauthorized “crawling,” “scraping,” orharvesting of content or personal information, or use any other unauthorizedautomated means to compile information available through the Services;-take any action that imposes an unreasonable or disproportionately large loadon Soundable Health’s network or infrastructure;use any device, software, orroutine to interfere or attempt to interfere with the proper working of theServices or any activity conducted on the Services or attempt to probe, scan,test the vulnerability of, or breach the security of any system ornetwork;attempt to decipher, decompile, disassemble, or reverse-engineer any ofthe software comprising or in any way making up a part of theServices;distribute any unauthorized materials or advertise or promote goods orservices through the Services without Soundable Health’s permission (including,without limitation, by sending spam); orengage in any other conduct thatrestricts or inhibits any person from using or enjoying the Services, or that,in Soundable Health’s sole judgment, exposes Soundable Health or any ofSoundable Health’s users, affiliates, or any other third party to anyliability, damages, or detriment of any type.