Auris Tech Limited Terms of Use

This page and any pages it links to explains Auris Tech Limited’s (“Auris Tech,” “we,” or “our”) Terms of Use. These Terms of Use (“Terms”) govern your (and your children’s) access to and use of our websites, services, and applications (collectively the “Service”), which includes Fonetti®, the Fonetti School Portal, Read Aloud Books and #BeProudReadAloud. Your (and your children’s) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. If you do not agree to the Terms, do not access or use our Service.

You may use the Service only if you can form a binding contract with Auris Tech, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Your use must not infringe, inhibit, or restrict the rights or use and enjoyment of the Service by anyone else.

The Service may change from time to time as we grow, change, and add more features to the Service, which we may do without prior notice to you. In addition, Auris Tech may temporarily or permanently stop providing the Service, or any features within the Service, to any or all of its users and may not provide you with prior notice.

Your Account

By registering for the Auris Tech Service you affirm that you are at least 18 years of age or the applicable legal age of majority where you reside. You also affirm that you are competent and able to enter into, abide by, and comply with these Terms.

We may provide you with a unique ID to represent your user account within our Service. If you register and/or subscribe, you agree to provide accurate and current information and ensure it is accurate and current at all times, updating it as necessary.

Account Security

You are responsible for setting a “strong” password and safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Auris Tech or a third-party service. Auris Tech cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Auris Tech immediately upon becoming aware of any breach of security or unauthorised use of your account.

Our Service is presently only intended for use by residents of countries where the service is made available either through the Play Store, App Store or the Company’s website and anyone who accesses or uses the Auris Tech Service from outside these boundaries does so at his/her own risk and is responsible for compliance with applicable local laws.

Privacy

We care about the privacy of our users. We collect, use, and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Service, you agree to the collection of such information worldwide.

Subscriptions

Although certain features and/or content of the Auris Tech Service may be available at no charge to any user, other features and/or content may only be available to users who agree to pay via a subscription (each, a “Subscribing Member”). Each subscription plan may be described in more detail in other areas of the Auris Tech Service. Any payment terms displayed to you in the process of becoming a Subscribing Member are deemed part of these Terms.

Acceptable Use of the Auris Tech Service

We may investigate and/or suspend your account if you violate any of the rules below. We reserve the right to immediately terminate your account without further notice if, in our sole and absolute judgement, you violate these Terms, or abuse the use of our Service.

You agree not to misuse the Service. Auris Tech is trusted by its users, and we trust you to use our Service responsibly. For example, you must neither do, nor attempt to do the following things:

• use the Service for any unlawful purposes or for promotion of illegal activities;

• impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

• publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;

• send unsolicited communications, promotions or advertisements, or spam;

• transmit any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

• publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;

• access, tamper with, or use non-public areas of the Service, Auris Tech’s computer systems, or the technical delivery systems of Auris Tech’s providers;

• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);

• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;

• interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.

Scope of License

Solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Auris Tech Service, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Auris Tech Service. No right, title, or interest is transferred to you beyond the limited licence described herein. You may be allowed to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device, but may not transfer copies of cached content to any other device.

All right, title, and interest in and to the Auris Tech Service site and services are and will remain the exclusive property of Auris Tech Limited and its licensors. The content on the Auris Tech Service, including without limitation, books, text, software, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the “Fonetti” word mark, as well as certain other of the names, logos, designs, and materials displayed on or through the Auris Tech Service that constitute trademarks, trade names, service marks or logos (“Marks”) are owned by or licensed to Auris Tech and are subject to copyright, trademark, and other intellectual property rights under UK, EU, and international laws.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Auris Tech Service or any portion of the Auris Tech Service, including, without limitation, Content and Marks, except as authorised by these Terms or as otherwise authorised in writing by us or our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

Content

The Auris Tech Service provides its users with access to books and other Content through the Internet to certain devices. If you access the Auris Tech Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Auris Tech Service features may be prohibited or restricted by your network provider and not all Auris Tech Service features may work with your network provider or device.

The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the Auris Tech Service (including during any subscription period for a Subscribing Member).

Cancellation

If you are a Subscribing Member to Auris Tech via the Apple App Store or iTunes, or Google Play, you can cancel your account anytime.

Subscriptions purchased via the (i) Apple App Store are governed and controlled by the terms and conditions established by Apple, or (ii) the Google Play Store are governed and controlled by the terms and conditions established by Google.

If you are a Subscribing Member to Auris Tech via the Auris Tech or Fonetti® website, you can cancel your account anytime by logging into your Auris Tech account on our website. Subscription cancellation will take effect at the end of the current billing cycle.

Termination

We reserve the right, in our sole discretion, to terminate your access to all or part of the Auris Tech Service, for any reason, with or without notice. Your right to use the Auris Tech Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Auris Tech Service.

Third Parties

The Auris Tech Service may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the Auris Tech Service. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. We will have no responsibility or liability for any content, information, software, materials or practices of any third party website or third party application.

By accessing the Auris Tech Service using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Auris Tech Service. You agree that your access to the Auris Tech Service using these devices also shall be subject to the usage terms set forth in the applicable third party beneficiary’s terms of service.

No Warranty

YOU EXPRESSLY AGREE THAT USE OF THE AURIS TECH SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AURIS TECH AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

No Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AURIS TECH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE AURIS TECH SERVICE.

Jurisdiction and Scope

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Auris Tech may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

These Terms, together with any other rules or guidelines posted in connection with the Auris Tech Service constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your: (i) conduct; or (ii) violation (or alleged violation) of these Terms or the rights of any third party.

Disputes

These Terms shall be construed and enforced in accordance with the laws of England and Wales without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the Auris Tech Service exclusively in a court with jurisdiction over our registered office location in London. You agree to submit to the personal jurisdiction of this court for the purpose of litigation all such claims or causes of action.

Electronic Communications

By using the Auris Tech Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

Apple iOS Applications Terms

With respect to our applications designed for use on an Apple iOS-powered tablet device obtained by you from the App Store or iTunes Store (“iOS App”). You agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for our iOS App, the Auris Tech Service, or any Content. You agree that your use of our iOS App will be subject to the Usage Rules in Apple’s then-current App Store Terms of Service. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our iOS App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You agree that we, and not Apple, are responsible for addressing any claims of you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the software. You agree that, in the event of any third-party claim that our iOS App or your possession and use of that iOS App infringes such third party’s intellectual property rights, we, not Apple, will be responsible for the investigation, defence, settlement and discharge of such claim. The parties agree that Apple and its subsidiaries are third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms applicable to your use of our iOS App against you as a third-party beneficiary thereof.