1. Introduction
Welcome to Auris Ear Training. Our services, available via a web and mobile app, offer ear training exercises with both free and paid plan options. By accessing and using our services, you agree to these Terms of Service. Please read them carefully.
2. Registration
To access certain features, you must register for an account. While we do not verify the identity of our users, you agree to provide accurate, current, and complete information during the registration process. You are also responsible for maintaining the confidentiality of your account details.
3. Privacy Policy
Your use of Auris Ear Training is also governed by our Privacy Policy, which can be foundhere.
4. Payments, Cancellations, and Service Interruption
a. Pricing: Information regarding the pricing of our services is available on our website. All fees are charged on a subscription basis and are non-refundable except as required by law or as specifically stated in these Terms.
b. Payment Processor: Payments are processed through a third-party payment processor, Stripe. When you use our premium features, you agree to Stripe's terms and conditions, which govern the processing of all payments.
c. Subscription Management: You can manage your subscription and billing preferences at any time by accessing your account settings. Changes to your subscription will take effect at the end of the current billing cycle.
d. Service Interruption: We strive to provide a consistent and uninterrupted service, but interruptions can occur. We are not liable for any loss resulting from service interruptions. We will evaluate potential refunds for substantial interruptions on a case-by-case basis.
e. Cancellation by User: You may cancel your paid subscription at any time via your account settings or by contacting customer support. Cancellations will take effect at the end of the current billing cycle, and you will not be charged for the next cycle.
f. Refunds: We do not provide refunds for subscription periods you have not used if you decide to cancel a subscription before the end of your billing cycle, except in certain circumstances as required by law or as covered by a specific promotional guarantee.
g. Discontinuation of Service: If we discontinue a service, we will provide you with reasonable advance notice and an opportunity to retrieve data from your account before the service is discontinued. We will not refund any fees upon the discontinuation of a service.
h. Lifetime Subscriptions: A 'lifetime subscription' refers to access for the duration of the operational lifetime of the Auris Ear Training app and its services. Auris Ear Training reserves the right to discontinue the app, its services, or any associated subscriptions at any time and at its sole discretion. No refunds will be issued upon service discontinuation.
5. Intellectual Property Rights and License Grant
Auris Ear Training grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal and non-commercial ear training purposes. This license does not include any resale or commercial use of any Auris Ear Training service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Auris Ear Training service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms of Service are reserved and retained by Auris Eartraining or its licensors, suppliers, publishers, rights holders, or other content providers. No Auris Ear Training service, nor any part of any Auris Ear Training service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Auris Ear Training. 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 Auris Ear Training without express written consent. You may not use any meta tags or any other 'hidden text' utilizing Auris Ear Training's name or trademarks without the express written consent of Auris Ear Training. You may use the services only as permitted by law. The licenses granted by Auris Ear Training terminate if you do not comply with these Terms of Service.
6. User Data and Conduct
a. User Data: When you participate in ear training exercises on Auris Ear Training, your performance may be processed and displayed in your user profile or on a public leaderboard, where applicable. This data reflects your usage of the service and is subject to data protection regulations as outlined in our Privacy Policy.
b. Data Accuracy and Usage: You are responsible for ensuring that any personal data you provide to us is accurate, complete, and updated as necessary for the purposes for which it is used.
c. Prohibited Conduct: You agree not to use the service for any illegal or unauthorized purpose. You also agree to not interfere with or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.
d. Removal of User Data: Auris Ear Training reserves the right to remove any user data or personal information from our service at any time if we find that it violates our Privacy Policy, these Terms of Service, or if removal is necessary to comply with the law or to protect the rights, property, or personal safety of Auris Ear Training, its users, or the public.
7. Advertisements and Google AdSense
Our website may use Google AdSense to serve advertisements. These ads may be tailored to your interests based on your browsing history and are governed by Google's Privacy and Terms. We do not control the content of the advertisements or the conduct of the third parties that provide the advertisements.
You agree that we are not responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.
8. Termination
Auris Ear Training reserves the right to terminate or suspend your account at any time, with or without notice, for conduct that we believe violates these Terms of Service or for any other reason we deem necessary.
9. Disclaimers
The services are provided 'as is' and 'as available' without any warranties of any kind, either express or implied.
10. Mailing List Subscription
By creating an account with Auris Ear Training, you agree to be automatically subscribed to our mailing list, which is maintained using Brevo. This subscription enables us to send you updates, news, promotional offers, and information about our products and services directly to your email inbox.
Your privacy is important to us, and we commit to handling your email address and any other personal information in accordance with our Privacy Policy. You will have the opportunity to opt out of receiving these communications at any time through the unsubscribe link provided in every email or by managing your subscription preferences in your account settings.
Please note that opting out of the mailing list may affect the way you receive important updates and offers related to Auris Ear Training, but will not affect your access to our services.
11. Limitation of Liability
To the fullest extent permitted by law, Auris Ear Training shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
12. Governing Law
These Terms of Service and any disputes arising out of or related to the services will be governed by and construed in accordance with the local laws of the European Union, without giving effect to any choice or conflict of law provision or rule.
13. Dispute Resolution
In the event of a dispute arising from or relating to these Terms of Service or your use of the services, we strongly encourage you to contact us first atinfo@auriseartraining.com to seek a resolution.
If we are unable to resolve our dispute amicably, then you and Auris Ear Training agree to submit the dispute to binding arbitration. The arbitration shall be conducted in the jurisdiction where Auris Ear Training is established, under the rules of the International Chamber of Commerce (ICC). The parties agree that the decision rendered by the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the above, Auris Ear Training may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. With the exception of injunctive relief, both you and Auris Ear Training waive the right to initiate or participate in any class action lawsuit or class-wide arbitration.
This arbitration agreement does not preclude you bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that any arbitration or proceeding shall be limited to the dispute between Auris Eartraining and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree that these Terms of Service and any disputes arising out of or related to the services will be governed by and construed in accordance with the laws of the European Union, without giving effect to any choice or conflict of law provision or rule.
14. Changes to Terms
Auris Ear Training may update these Terms of Service from time to time to reflect changes in our practices, service offerings, laws, or regulatory requirements. We will not make any individual notification of changes to the Terms of Service to users directly. It is your responsibility to check the updated terms periodically at ourTerms Of Service page. The 'Last Revised' date at the top of the Terms of Service will indicate when the latest changes were made. By continuing to use the services after these changes are made, you agree to the revised terms.
15. Contact
For any questions about these terms, please contact us atinfo@auriseartraining.com with the subject line 'TOS Inquiry'.
You can also refer to our Cookie Policy for more information about how we handle cookies.