Terms of Service & Privacy Policy

September 15th, 2017

These Terms of Service (“Terms”) govern your use of email/message/online activity monitoring service (the “Service”) made available by Acoustic Protocol Inc. (“Acoustic Protocol”).By downloading the hearoes app and opening an account you hereby consent to these terms of service.Please note your use of the acousticprotocol.com website or related applications (the “Site”) indicates that you agree to be bound by our website Terms of Use.

If you do not agree to the terms of this Agreement, you may not use the hearoes Application, and you must delete it as well as all of its related files from your device.

License.
This Agreement is a legal agreement between you (“You”) and Acoustic Protocol Inc. (“Us” or “We”). By purchasing, downloading, installing, logging in, or otherwise using the app, device, service or website, you agree to be bound by the terms of this Agreement. By accepting this Agreement, You agree to install this software only on a device or devices that You own and to use it exclusively in connection with an account that you have the legal right to access.

You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute or otherwise commercially exploit the hearoes Application.

We reserve the right to modify, suspend or discontinue temporarily or permanently the hearoes Application or any service it which it connects, with or without notice and without liability to You.

Failure to comply with this Agreement may result in your violation of laws.

You understand and agree that You shall be responsible for any legal costs incurred by Us and the application provider resulting from your illegal or improper use of the software.

Introduction.
The Service is a tool operated by Acoustic Protocol which provides the subscriber (“you”) with notification and/or message alerts when potential public address messages are identified or messages and/or interactions with sites or involving your defined keywords (each, a “Public Address Channel”). The Service includes automated review by our proprietary technologies of communications involving the Public Address Channels. The Service currently supports English, Spanish, French, Russian, Chinese and Hebrew languages interactions only; additional language interactions may become available in the future.

Registration.
You must be 18 years of age or older in order to subscribe to the Service. Registration requires you to provide Acoustic Protocol with your name and email address. You represent and warrant that all information you provide is accurate and up to date and will be kept up to date.

Collection of Information.

When you access the Service by or through a device, we may collect certain information automatically, including, but not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use and other statistics (“Log Data”).

(a) Information. During your registration for the Service, Acoustic Protocol will collect your name and any keyword defined associated with your account. In connection with providing the Service to you thereafter, Acoustic Protocol will access and monitor communications to and from each Public Address Channel.

(b) Consent. You expressly consent to Acoustic Protocol’s collection, monitoring and review of any information obtained in connection with a Public Address Channel, including all communications to and from such Channel. In furtherance of the foregoing, for any information received by Acoustic Protocol, you must provide an email address or telephone number to be used to contact you.

(c) Privacy. Questions about Acoustic Protocol’s policies can be directed to Acoustic Protocol Inc. 5268 G Nicholson Lane. Suite 121 Kensington, MD 20895, US. You may terminate Acoustic Protocol’s access, monitoring, collection and/or review by terminating your subscription.

Health, Welfare, and Safety Reporting.
We provide alerts to you regarding public address messages. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies.

Alerts and Notifications.
Acoustic Protocol will endeavor to send alerts by push notifications to your designated devices. You are required to maintain updated email or text contact information and bear all risks associated with providing Acoustic Protocol with inoperable or incorrect contact information.

Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

(b) ACOUSTIC PROTOCOL DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;

(c) ACOUSTIC PROTOCOL MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT USE OF THE SERVICE WILL PROTECT ANY CHILDREN FROM HARM;

(d) ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ACOUSTIC PROTOCOL’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;

(e) NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;

(f) ACOUSTIC PROTOCOL DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE; AND

(g) IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Changes to these Terms.
Acoustic Protocol may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you agree to be bound by such modifications.

Proprietary Rights.
(a) Acoustic Protocol is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Service, and is the copyright owner or licensee of all content and/or information provided to you through the Service unless otherwise indicated. Except as otherwise provided herein, use of the Service does not grant you a license to any content, features or materials you may access through the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us.

(b) If you make use of the Service other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Service.

(c) The information on the Service, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

(d) Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Acoustic Protocol or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

(e) Acoustic Protocol logos and service names are trademarks of Acoustic Protocol (the “Acoustic Protocol Marks”). Without our prior permission, you agree not to display or use Acoustic Protocol Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Acoustic Protocol Mark without our prior written consent.

Indemnity. You agree to defend, indemnify and hold Acoustic Protocol, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Service, your violation of the Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Limitations of Liability.
IN NO EVENT SHALL ACOUSTIC PROTOCOL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ACOUSTIC PROTOCOL OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ACOUSTIC PROTOCOL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, ALL SUBSCRIPTION FEES PAID BY YOU TO ACOUSTIC PROTOCOL DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.

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Compliance with Law.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Applicable Law/Jurisdiction.
You agree that the laws of Maryland and controlling U.S. federal law shall govern these Terms. Please note that your use of the Service or the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Acoustic Protocol or relating in any way to your use of the Service resides in the state of Maryland, US.

Miscellaneous.
(a) The Terms constitute the entire agreement between you and Acoustic Protocol Inc and govern your use of the Service (as the case may be), superseding any prior agreements between you and Acoustic Protocol. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service.

(b) You agree that no joint venture, partnership, employment, or agency relationship exists between Acoustic Protocol and you as a result of this Agreement or your use of the Service.

(c) Any claim or cause of action you may have with respect to Acoustic Protocol must be commenced within one (1) year after the claim or cause of action arose.

(d) The failure of Acoustic Protocol to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

(e) You may not assign the Terms or any of your rights or obligations under the Terms without Acoustic Protocol’s express written consent.

(f) The Terms inure to the benefit of Acoustic Protocol’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Notices / Contacting Us.
Acoustic Protocol may notify you via either email or notification messages. Any inquiries you may have concerning these Terms, or to provide any notice to Acoustic Protocol hereunder, should be directed to Acoustic Protocol Inc. 5268 G Nicholson Lane. Suite 121 Kensington, MD 20895, US, with a copy to fuzz@acousticprotocol.com