By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. If you do not agree to these Terms, please do not use our Site, Products or Applications. More details available at www.sonictonic.io
The Products and Applications are owned by GROVES Sound Branding GmbH, and the terms “we”, “us”, “our” and “SonicTonic” refer to GROVES Sound Branding GmbH. The terms you and your refer to users of the Products and Applications (each a user). The Terms contain warranty disclaimers and other provisions that limit our liability to you.
You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Groves Sound Branding GmbH (see Intellectual Property and Copyright).
Groves Sound Branding GmbH is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
SonicTonic stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that SonicTonic won’t work properly or at all.
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
We may transfer our rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. All previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
Your use of the Site, Products or Applications and any dispute arising out of your use of it is subject to the laws of Germany. You irrevocably and unconditionally submit to the jurisdiction of the Courts of Hamburg, Germany, for determining any dispute concerning the Terms. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
These Terms and your order set out the whole agreement between you and us for the supply of the Products and Applications. A contract begins on the date that you make your purchase or use our Products or Applications (whichever is first), and continues unless and until the contract is terminated in accordance with the Terms.
By purchasing our Products or Applications, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old or if you are under 18 years old then you have the consent of your parent or guardian; all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Site, our Products or Applications does not violate any applicable law or regulation.
The price of our Products or Applications and payment methods are set out at the place of purchase. All transactions on our Site or elsewhere are processed in the currency specified at the time of transaction In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
If you make a payment by credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.
Our pricing structure or payment methods may be amended from time to time in our sole discretion.
Our Site, Products or Applications are not an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of this Site, Products or Applications does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any health information in the Site, Products and Applications, whether provided by SonicTonic, or by contract from outside providers, is provided simply for your information and convenience. The Site, Products and Applications are intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
The Site, Products and Applications may support the relationship between you and your healthcare provider, but are not intended to replace it. They should not be used as a substitute for professional diagnosis and treatment. If you suffer from any health conditions please consult with your health practitioner prior to using the Products and Applications.
The Applications are designed to be used, laying or sitting down undisturbed. Do not listen to the Applications while you are driving a car or operating machinery, as they may make you feel drowsy or affect your concentration. While unlikely, it is possible that some people who use the Products or Applications may feel discomfort, unwell or anxious. These people have a risk of harm. If while using the Products or Applications, you feel discomfort, unwell or unusually anxious at any time, please stop the exercise immediately and speak to your health practitioner for approval to continue, before continuing.
Do not make changes to any current treatments or medications you are using without referring to your health practitioner. We are not liable or responsible for any actions taken due to you having used, read or been told about the Site, Products and Applications.In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information, other materials and information published on the Site, or in any Products and Applications.
Our Products and Applications contain material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by German, European, and international laws, including but not limited to the trademarks, trade names,software, content, design, images, graphics, layout, appearance, layout and look of our Products or Applications.
Intellectual Property includes all code, algorithms, copyright, fees, pricing, trade marks, logos, slogans, designs, audio tracks, information, images,photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to SonicTonic (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; registered and unregistered trademarks and Application marks including goodwill in the business and Products or Applications; trade, business company or organisation names; internet domain names; and Products or Applications content, images and layout.
You agree that, as between you and us, we own all intellectual property rights in the Products or Applications, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. We own the copyright which subsists in all creative and literary works displayed on the Site,Products or Applications.
Users do not obtain any interest or license in the Intellectual Property without the express written permission of the owner. Users may not do anything which interferes with or breaches those Intellectual Property rights.
You must not print, publish, modify, link to or distribute any content from the Site, Products or Applications or any other documentation that we provide to you, unless we have authorised you in writing.
You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
(a) Republish, copy, distribute, transmit or publicly display material from our Site, Products or Applications,
except using social media buttons to share blog content when indicated by the presence of social media share
icons on the Site;
(b) alter or modify any of the code or the material on the Site, Products or Applications;
(c) cause any of the Site, Products or Applications to be framed or embedded in another website;
(d) create derivative works from the content of the Site, Products or Applications; or
(e) use our Site, Products or Applications for commercial purposes.
SonicTonic grants you a limited, non-exclusive, royalty-free, revocable, non-transferable licence to use the Site, Products or Applications for your personal, non-commercial use, as contemplated by the Site, Products or Applications, in accordance with the Terms, and not to use the Site, Products or Applications in any other way or for any other purpose, apart from local fair dealing legislation. The Products, Applications and Site are not intended for the user’s commercial use. All other uses, other than personal use,are prohibited without our prior written consent. The Site, Products and Applications contain and/or embody copyright material, proprietary material and/or other intellectual property of SonicTonic and/or its licensors. All right, title and ownership in the Site,Products and Applications remain with SonicTonic and/or its licensors, as applicable. The rights to use the Products and Applications Are licensed to you and are not being sold to you, and you have no rights in the Products and Applications other than to use it in accordance with this Licence Agreement and our Terms.
As a condition of your use of the Site, Products or Applications, you warrant that:
(1) you are 18 years of age or older – or if you're under 18 years old, then you have the consent of your parent or guardian; have the legal capacity to enter these Terms and form a binding contract; and that you have read, understood and agree to comply with these Terms, before using our Products and Applications; and
(2) you possess the legal authority to enter into the Terms and to use the Site, Products or
Applications in accordance with the Terms. As a condition of your use of our Site, Products or
Applications, you agree:
(a) to abide by the Terms;
(b) not to provide the Products or Applications to any third party;
(c) that SonicTonic has the right to refuse you any and all current
or future use of the Site and
(d) that SonicTonic reserves the right to include or exclude
entry to, or remove a User from the Site.
You will not:
(a) Interfere With or inhibit any user from using the Products or Applications;
(b) Attempt to or tamper with, hinder or modify the Products or Applications,
knowingly transmit viruses or other disabling features, or damage or interfere with the Products or Applications,
including but not limited to the use of trojan horses, viruses, or piracy or programming routines that
may damage or interfere with the Products or Applications;
(c) use the Products or Applications for any purpose or in any way which is contrary to the Terms or which is
unlawful,including but not limited to breaching intellectual property rights;
(d) modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell or re-sell any Products or Applications; or
(e) facilitate or assist another person to do any of the above acts. We reserve the right to refuse you use of the
Products or Applications for any reason whatsoever at our sole discretion.
(a) Our Products and Applications to consumers come with consumer guarantees under applicable local consumer law
that cannot be excluded.
(b) If a Product or Application to a consumer fails to meet one or more of the consumer guarantees, you are
entitled to a remedy. If the problem is small and can be fixed, this may mean using a further Application
to rectify the problem, a replacement product, or in some circumstances compensation for consequential loss.
If the problem is major or cannot be fixed, a consumer can choose to obtain a full refund, a replacement product,
or seek compensation for the difference between the value of our Products and Applications provided compared to
the price paid.
(c) To the full extent permitted by law, we exclude all representations, warranties orterms (whether express or implied)
other than those expressly set out in these Terms and required under applicable local consumer law.
(d) Our maximum liability to you or any third party is limited to the cost of the Application or Product
that you have purchased.
To the full extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied)other than those expressly set out in these Terms, and applicable local consumer law.
The Site, Products and Applications are provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Site, Products and Applications. We assume no liability or responsibility for any errors or omissions in the content of the Site, Products and Applications, any failures, delays, or interruptions in the provision of the Products and Applications. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site, Products or Applications to the broadest extent permitted by law. We Make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site or in the Products and Applications. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site, Products and Applications. We make no warranties or representations that your use of content and information posted on this Site and in the Products and Applications will not infringe rights of third parties.
As a condition of using the Site, Products or Applications, and in consideration of the Products and Applications
provided by us, we exclude and you agree that we will not be liable to you or any third party for any direct,
indirect,incidental, special, incidental, exemplary, punitive, or consequential damages, loss of profits, loss
of earnings, loss of business opportunities, damages, expense, or costs, under any legal theory including
without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of
such damages, but including those resulting directly or indirectly from, or otherwise arising in connection with:
(a) the use of the Site, Products or Applications by you, including but not limited to damages resulting from or
arising from your reliance on the Site, Products or Applications, or the interruptions, errors, defects, delays
in operation or other conduct by third parties, or any failure of performance of the site;
(b) the content of any Product, Application, or provider mentioned orrecommended therein;
(c) the breach, or alleged breach, of any warranty, express or implied, relating to any transaction; or
(d) government restriction, strikes, war, any natural disaster or force majeure, or any other condition
beyond our reasonable control.
You agree that we shall not be liable for any damages arising from any interruption, suspension or termination of the Site. If, despite the limitations above, SonicTonic is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of the relevant SonicTonic company will in no event exceed, the cost of the Application or Product that you have purchased.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of SonicTonic.
By using the Site, Products or Applications, you agree to defend and indemnify and hold us (and our related bodies
corporate, officers,directors, employees and agents) harmless from and against any claims, actions, suits, demands,
damages, liabilities, costs or expenses(including legal costs and expenses on a full indemnity basis),
including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site, Products or Applications;
(b) any breach by you of these Terms;
(c) any wilful, unlawful or negligent act or omission by you; and
(d) any violation by you of any applicable laws or the rights of any third party.
(e) This defence and indemnification obligation will survive these Terms and your use of the Site, Products or
Applications. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by us without restriction.
You may only use the Site, Products or Applications for lawful purposes and in a manner consistent with the nature and purpose of the Site, Products or Applications. By using the Site, Products or Applications, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site, Products or Applications.
If you breach the Terms, we reserve the right to block you from the Site, Products or Applications, and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
Groves Sound Branding GmbH built SonicTonic as a Free app. This Service is provided by Groves Sound Branding GmbH at no cost and is intended for use as is.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. we will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at www.sonictonic.io unless otherwise defined in this Privacy Policy.
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Google Analytics. The information that we request will be retained by us and used as described in this privacy policy.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
– Google Play Services: https://policies.google.com/terms
– Google Analytics for Firebase: https://firebase.google.com/terms/analytics
– Firebase Crashlytics: https://firebase.google.com/terms/crashlytics
You should be aware that there are certain things that Groves Sound Branding GmbH will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Groves Sound Branding GmbH cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Groves Sound Branding GmbH cannot always take responsibility for the way you use the app i.e. you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Groves Sound Branding GmbH cannot accept responsibility.
With respect to Groves Sound Branding GmbH’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Groves Sound Branding GmbH accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Groves Sound Branding GmbH does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you.
We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
– To facilitate our Service;
– To provide the Service on our behalf;
– To perform Service-related services; or
– To assist us in analyzing how our Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We take security very seriously. When purchasing from SonicTonic, your financial details are not stored by us. You will be forwarded to a 3rd party provider who uses 128-bit SSL (secure sockets layer) encryption technology to complete the transaction before being returned to the Site. User information is stored securely. If we are aware of a breach of security, we will notify affected users as fast as we can and we will cooperate with authorities regarding the breach.
We do not warrant that our Products or Applications will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site, Products or Applications will operate on a continuous basis or be available at any time. Due to the nature of our Application, it is not possible to guarantee, and we do not warrant that the Site, Products or Applications will be free of interruption or free from intrusion or hacking by third parties.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. we have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
These Services do not address anyone under the age of 13 – We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
The Terms may be amended without notice from time to time in our sole discretion, and will be available on the Site. We will provide you with prior notice, where possible. Your continued use of our Products and Applications following any amendment indicates that you accept the amendments.
You should check the Terms regularly, prior to using our Products and Applications, to ensure you are aware of any changes, and only proceed to use our Products and Applications if you accept and will comply with the new Terms. If any modification is unacceptable to you, you can choose to cease to use our Products and Applications.
The Terms are effective until terminated by us, which we may do at anytime and without notice to you. Upon termination of the Terms, SonicTonic will have no further obligation to, and will cease to, provide the Products or Applications to you. The accrued rights, obligations and remedies of the Parties are not affected by the termination of the Terms.
This policy is effective as of 2020-07-06
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@sonictonic.io.
GROVES Sound Branding GmbH | HRB ABN 111 067 | Hamburg District Court
Isekai 20, 20249 Hamburg, Germany ǀ Email: info@sonictonic.io