Terms and Conditions

This page shows terms and conditions of use for the Head Shadow Hearing iPhone app. These terms and conditions (“Terms”, “Agreement”) are an agreement between iOS Application Developer (“iOS Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Head Shadow hearing aid iOS Application and any of its products or services (collectively, “iOS Application” or “Services”).

Billing and payments

This iOS Application offers two In-App Purchase products in which all financial transactions are handled by the App Store. The first product is a free 30-day trail without any obligation to purchase the iOS Application. By accepting the free trial, you also agree to the Terms of this Agreement.  If you decide to purchase the iOS Application during, or at the end of the free trial period, you require to make a one time payment via the App Store. Otherwise, the full functionality of the iOS Application will terminate at the end of the free trial period.

Accuracy of information

Occasionally there may be information in the iOS Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the iOS Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the iOS Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the iOS Application should be taken to indicate that all information in the iOS Application or on any related Service has been modified or updated.

Backups

We are not responsible for Content residing in the iOS Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content.

Links to other iOS Applications

Although this iOS Application may link to other iOS Applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked iOS Application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their iOS Applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any iOS Application which you access through a link from this iOS Application. You are linking to any other off-site iOS Applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the iOS Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related iOS Application, other iOS Applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related iOS Application, other iOS Applications, or the Internet. We reserve the right to terminate your use of the Service or any related iOS Application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by iOS Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with iOS Application Developer. All trademarks, service marks, graphics and logos used in connection with our iOS Application or Services, are trademarks or registered trademarks of iOS Application Developer or iOS Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our iOS Application or Services may be the trademarks of other third-parties. Your use of our iOS Application and Services grants you no right or license to reproduce or otherwise use any iOS Application Developer or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will iOS Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if iOS Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of iOS Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to iOS Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold iOS Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the iOS Application or Services or any willful misconduct on your part.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the iOS Application or Services at any time, effective upon posting of an updated version of this Agreement in the iOS Application. When we do, we will post a notification in our iOS Application. Continued use of the iOS Application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the iOS Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the iOS Application and its Services.

Contacting us

If you have any questions about this Agreement, please contact us at support@swiftricity.com.

This document was last updated on April 20, 2020