Welcome! This is a legal agreement (“Agreement” or “Terms of Service”) between you and Sondr, Inc. ("we", "us", and "our"). By accessing our online platform, currently located at www.sondr.com (the “Platform” including all sub-domains), whether through a mobile device, mobile application or computer, and using any of our Services (as defined below) accessible through the Platform, mobile devices and mobile applications, you agree to, and are bound by, the terms and conditions of these Terms of Service for as long as you continue to use the Platform, the App (as defined below) or the Services including all exclusions and limitations of liability herein, and warrant that you have full authority and capacity, legal and otherwise, to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE PLATFORM, THE APP OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use such Services.
The main services provided through the Platform are designed for social networking and consist of the following, without limitation: an introduction service for individuals matching certain common criteria while visiting in person certain locations, venues or events (“Introduction Service”), interactive content and community services such as Sondr advice (“Content Services”), and any premium services offered by or on behalf of Sondr (“Premium Services”) (collectively, the “Services”). Sondr may offer additional services or revise any of the Services, at its discretion, and these Terms of Service will apply to all additional services or revised Services. Sondr also reserves the right to cease offering any of the Services. At the present time, access to the Platform and to the Services is provided solely through one or more Sondr mobile apps (collectively, the “App”), which you can download from a third party app store and use pursuant to the Sondr’s End User License Agreement (“EULA”), the terms of which are incorporated herein by reference.
The Platform and the Services are owned and operated by Sondr. These Terms of Service govern your access to and use of the Services available on this Platform and, together with EULA, through the App. Specific features of the Platform may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user of the Platform, the App or the Services ("you" and "your") and are incorporated herein by reference.
THESE TERMS OF SERVICE LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
This Platform primarily operates as an online platform for the purpose of providing Services. Subject to these Terms of Service of Service, including, without limitation, the eligibility requirements listed below and payment of applicable subscription fees for the Services you select to receive, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Platform, directly (if this feature becomes available) or through the App, to obtain the Services. You must use this license only in the manner permitted by these Terms of Service for the sole purpose of using and enjoying the benefit of the Services provided by the Platform. Your use of the App is governed by the EULA.
a. Minimum Age. You must be at least 18 years old to use the Platform, open an account or to register for the Services. By using the Introduction Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b. Criminal History. By requesting to use, registering to use, and/or using the Introduction Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. SONDR DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Sondr reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
c. Meeting Matching System Criteria. The Introduction Service requires your completion of the Sondr personal questionnaire, along with your physical presence at a location where other Members of the Platform may congregate. Occasionally, the Sondr matching system cannot identify any matches or introductions for a given Member, in which case the Introduction Service cannot be provided.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Platform, Member's profile, inquiries made, or other information, whether submitted by you or others. The types and amount of advertising on the Platform, the App or through the Services is subject to change.
The Platform uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using this Platform you acknowledge your understanding of and consent to our use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Platform.
You also acknowledge that websites such as Google and other third-party vendors to our Platform may use DART cookies to provide add-ons to our Platform based upon visitors visiting our Platform and other websites. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/ privacy_ads.html.
By using this Platform you agree to use the Services in compliance with these Terms of Service and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in New York, United States. This Platform is meant for use by persons within the United States. It may be illegal for certain persons to use the Platform in some countries. We make no claim that the Platform will be legal or accessible outside of the United States.
Subject to these Terms of Service, you may view, print, and use our content and Services as permitted on the Platform and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Platform and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
The following uses of the Platform are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
a. Using the Platform in a manner that causes, or may cause, damage to the Platform or in a way that impairs visitors' abilities to access or use the Platform and Services, including using the Platform in a manner or for a purpose that is unlawful or fraudulent;
b. Using the Platform in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious or invasive computer software or software that may destroy, damage, or alter a computer system;
c. Conducting any systematic or automated data collection on or related to the Platform or its Members without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
d. Using the Platform to collect, harvest, or compile information or data regarding other Members without their consent;
e. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Platform or to mine data from the Platform, provided, however, that operators of public search engines have our revocable permission to copy materials from the Platform for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
f. Transmitting or sending unsolicited communications, commercial or otherwise, including any advertising materials, or conducting any marketing activities, including using the Platform to send spam, pyramid schemes, or chain letters;
g. Republishing (including on another website or platform), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Platform or otherwise commercially exploiting content, whether in whole or in part, on the Platform;
h. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Platform;
i. Accessing the Platform in order to create a similar or competitive business, product, service, or website or platform;
j. Collecting, transmitting, distributing, uploading, or displaying any content, communications or otherwise using the Platform in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission or (v) tends to be or has the effect of harassing, bullying, or stalking others, whether Members or other third parties.
k. Interfering with, disrupting, or overburdening servers or networks connected to the Platform;
l. Gaining or attempting to gain unauthorized access by any means to any part of the Platform or to computers or networks connected to the Platform;
m. providing or promoting false or misleading information about yourself, other Members or other third parties; and
l. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another Member's normal use and enjoyment of the Platform.
Though Sondr strives to encourage a respectful user experience through features like the double opt-in that only allows Members to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user, visitor or Member on or off of the Platform, the App or with respect to any Service. You agree to use caution in all interactions with other Members, particularly if you decide to communicate off the Platform or meet in person. In addition, you agree to review and follow Sondr’s Safety Tips and Introduction Rules located at https://sondr.com/______________ to using any Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SONDR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS, ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. SONDR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR AS TO THEIR COMPATIBILITY WITH ANY OTHER CURRENT OR FUTURE MEMBERS. SONDR RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT SONDR MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. YOU AGREE, HOWEVER, THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY BACKGROUND CHECKS ON MEMBERS AND MAY ONLY DO IT IN OUR OWN ABSOLUTE DISCRETION.
You may create member accounts or profiles as permitted by the Platform or the App. Upon registering for our Services through the App, you are considered a registered user or "Member" of the Platform. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Sondr is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Platform has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Platform and/or the App. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
As a Member, you agree to the following:
a. Exclusive Use. Your account is for your personal use only and not on behalf of any other person, entity or organization. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sondr is not responsible for third party access to your account that results from theft or misappropriation of your Member names and passwords.
b. Geographic Limitations. The Platform and Services are intended for use in the United States only and only in those areas where a Member's mobile phone or other mobile or wireless device has reliable connection to an available network and proper reception. You will only use the Services in a manner consistent with these Terms of Service and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether your use of the Services is legal in your jurisdiction.
c. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, communicate, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Members through the Services. In addition to sharing your information with your introductions or matches, we may allow your introductions or matches to share your profile information with members of their social network(s).
d. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting, dating and other social activities. You agree to take all necessary precautions when meeting individuals through the Introduction Service. In addition, you agree to review and follow the recommendations set forth in Sondr’s Safety Tips and Introduction Rules, which will be provided to you prior to enrolling in the Introduction Service.
e. No Guarantees. Sondr may not be able to provide introductions for everyone seeking to use its Services. Further, Sondr makes no guarantees as to the number or frequency of introductions through the Introduction Service , or to other Members’ ability, desire or criteria to communicate with you. You understand that Sondr makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Introduction Service or as to the conduct of such individuals.
f. Reporting of Violations. You will promptly report to Sondr any violation of the Agreement by others, including but not limited to, Members.
g. Content Removal. Sondr reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Sondr will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service or upon the request of any third party. Sondr further reserves the right to remove introductions or matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Platform.
h. Posting and Communication Restrictions. You will not post on the Services, transmit to other Members, communicate any content (or links thereto), or otherwise engage in any activity on the Platform or through the App or the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other Members, users or visitors of the Platform or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other Members, visitors or users of the Platform;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Platform;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Platform or Services;
xv. uses the Platform or Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
i. No False Information. You will not provide inaccurate, misleading or false information to Sondr or to any other Member. If information provided to Sondr or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify Sondr of such change.
j. No Advertising or Commercial Solicitation. You will not advertise or solicit any Member to buy or sell any products or services through the Platform or Services. You may not transmit any chain letters, junk or spam e-mail to other Members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Sondr, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sondr $100 for each such unsolicited communication you send through the Services.
k. Unique and Bona Fide Profile. As a Member of the Introduction Service, you will create only one unique profile for yourself. In addition, your use of the Introduction Service must be for bona fide relationship-seeking or socialization purposes in order to maintain the integrity of the Introduction Service (for example, you may not become a Member solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Member are available for introductions. From time to time, Sondr may create test profiles in order to monitor the operation of the Services.
l. Selection of Profiles. From time to time, your profile may be selected to introduce you to specific compatible Members, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to meet such specific Member. You will be under no obligation to accept such complimentary subscription or to meet with or communicate with any Member(s) we may introduce to you.
m. No Harassment of Sondr Employees or Agents. You will not harass, annoy, intimidate or threaten any Sondr employees or agents engaged in providing any portion of the Services to you.
n. Social Media. We may provide you the option to connect your Sondr account to your account on some social networking Platforms for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking Platform, and will use such information in compliance with our Privacy Policy. Once connected, some of the Members you were introduced to may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your Sondr account to your account on any social networking Platform, you hereby consent to the continuous release of information about you to Sondr. We will not send any of your Sondr account information to the connected social networking platform without first disclosing that to you. You can always disconnect the accounts via your App’s Settings page. Each social network may further allow you to set privacy controls around your information on their system, and Sondr’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking Platform involved, and therefore the available features and shared information are subject to change without notice to you.
o. Push Notifications. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Platform, the App and/or the Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at _______@sondr.com.
p. Location-Based Features. In addition to the Introduction Services, which are based on your and other Members' current location, the Platform and/or the App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Platform and/or the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Platform and the App use and retain your information, please read our Privacy Policy.
q. SMS Messages. By downloading the App and/or registering for the Services, you agree to receive SMS marketing material from us, and you automatically opt-in to this service. You do however have the ability to opt-out of SMS messages directly via SMS or by emailing us with your request at _______@sondr.com. The auto opt-in only applies to American Members and those using American mobile numbers within the U.S.. If you feel that the auto opt-in does not apply to you based on your country of origin and the mobile number you are using, please contact us immediately to ensure prompt removal of this service. The App will only be available for download and use in the United States.
r. Legal Compliance. Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Platform, the App and the Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Platform. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Platform, the App or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
"Member Content" means any material that you or other Members or in some instances visitors submit or transmit in any manner to the Platform for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Platform, the App and the Services provided may include multiple ways of submitting Member Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow Members to communicate with others or submit content. Unless we indicate that particular Member Content you submit will be kept confidential, your Member Content may be made available for other Members and in some instances visitors to view on the Platform or through third-party services. You hereby represent and warrant that the Member Content you submit does not violate our Acceptable Use Policy stated herein.
You are prohibited from submitting any Member Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit Member Content that has ever been the subject of any actual or threatened legal proceedings or any Member Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party.
You agree that you are solely responsible for any consequences that may result from submitting Member Content, including use of the Member Content by other visitors of the Platform and by our third party partners. Unless we indicate that particular Member Content you submit will be kept confidential, your Member Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit Member Content without the authority to do so.
We do not monitor the submission or publication of Member Content on the Platform and are not responsible for the Member Content. We do not endorse or support any Member Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any Member Content or other communications submitted or published on the Platform. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Platform or through the App, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the Member Content you submit. Your use or reliance on any Member Content is at your own risk. You assume all risks associated with the Member Content you submit, including any reliance on the Member Content and the risk of disclosure of the Member Content that may identify you personally to a third party. You understand and accept that by using the Services or Platform you may be exposed to Member Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate.
Member Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit Member Content conforming to such rules and limitations.
We may remove, edit, or delete any Member Content submitted, hosted, or stored on the Platform or our servers without providing you with prior notice. We are not obligated to store or back up any Member Content. Therefore, you are responsible for creating backup copies of any Member Content you wish to keep.
Under no circumstances may Sondr be held liable in any way for any Member Content, including, but not limited to, for any errors or omissions in the Member Content or for any loss or damage of any kind that may occur as a result of any Member Content submitted, published, or otherwise made available on the Platform, the App, the Services, or elsewhere.
By submitting Member Content you grant Sondr an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your Member Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the Member Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such Member Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your Member Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to Member Content as stated in these Terms of Service.
This means that you will always maintain ownership of the Member Content you submit. However, we have the right to display the Member Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
If you participate in any online sessions, webinars or other interactive sessions organized by Sondr, you irrevocably agree and consent that Sondr and its agents may record the video and audio content of your appearances at any such webinars, workshops, training sessions, exercises, interviews and other events you attend online or in person and use such recordings of you and any derivative works based on or related to them for any purpose, including without limitation, for training, educational, advertising, promotional and marketing purposes.
You also grant to Sondr for valuable consideration, the receipt and sufficiency of which you acknowledge, the right, throughout the world and in perpetuity, to use your appearance, picture, silhouette and other reproductions of your name, image, likeness and voice, including your personal identification, biographical information, personal experiences, life story, ideas, suggestions, techniques, methods and responses to the interviewer’s questions, your performance and/or any other works authored by you or produced with your participation as may be recorded in connection with any video, motion picture, television, computer-based, multimedia, software, SaaS and/or any other audio-visual, audio and/or visual work, program or content in which your appearance, interview and/or performance may be incorporated, and in any advertising promoting it. You agree to execute all documents, agreement, certificates and instruments to effectuate this grant of copyright and other rights to Sondr.
Sondr and/or its agents may edit your appearance, interview and performance they see fit. Sondr shall have all right, title and interest in any and all works utilizing such appearance, interview and performance and all results and proceeds from said use. Sondr may authorize or license others to perform, reproduce, broadcast, distribute and otherwise display any and all such works.
The rights irrevocably granted to Sondr here are perpetual, worldwide, exclusive, royalty-free and fee-free and include the use of recordings in any medium, including broadcast and cable television, motion pictures, internet, software, websites, SaaS platforms, mobile apps, and in any and all media which currently exist or may exist in the future in all countries of the world and in perpetuity. Sondr will have copyright in all such recordings and works, and you will not have any ownership or interest in such recordings and works or any copyrights thereto.
We reserve the right to review and investigate your use of the Platform and the App and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms of Service, other rules and policies posted on the Platform or the App or otherwise create liability, loss, or damage for us, our Platform, other Members, visitors or other third parties. Such action may include, but is not limited to, restricting your account or membership privileges or terminating your account and membership, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
The Platform may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide.
We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
We reserve the right to modify, add to, suspend, or terminate all or part of the Platform or Services at any time with or without providing prior notice to you. This includes the right to create limits on our Members' use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Platform and Services are subject to these Terms of Service.
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
Some parts of the Platform may be restricted to certain visitors or certain Members. If you have permission to access restricted parts of the Platform, you agree to not share your access information and password with third parties. We may change the restricted parts of the Platform from time to time. If you do not have access to restricted parts of the Platform, you agree not to use another Member's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Platform.
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Platform and our Services you consent to our collection and use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Platform or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information and Member Content you submit to the Platform if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Sondr, its Members, visitors, employees, agents, independent contractors, sub-contractors and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms of Service, including investigating potential violations.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Sondr is the owner of highly valuable proprietary information, including without limitation, the Introduction Service, the Content Service and the Premium Service, and all of their components and elements, such the compatibility matching system, compatibility profiles, and personal questionnaires (collectively, “Confidential Information”) . Sondr owns and hereby retains all proprietary rights in the Services and the Platform, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Members’ Information. Other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Sondr or third party proprietary information available to you via the Services, the App or the Platform.
d. License to Posted or Accessed Member Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Sondr account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Sondr and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Platform in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
e. Unless otherwise stated, Sondr and its permitted licensors own all intellectual property rights in the Platform and the Services and their respective contents, excluding Member Content. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Platform or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms of Service, neither these Terms of Service nor your use or access to the Platform give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms of Service, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Platform or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Platform or Services other than your own Member Content without our express prior written consent or the consent of any third-party owners of the content. Platform and Services content is not for resale under any circumstances.
f. Any text, graphics, user interfaces, trademarks, logos, sounds, photos, videos, artwork, other content and other intellectual property appearing on the Platform, the App or the Services other than Member Content ("Our Content") are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. you shall use Our Content for lawful purposes only.
We reserve all other rights to Our Content.
g. The visual interfaces, information, graphics, design, compilation, computer code, products, software, methodologies, tools, processes and know-how, including the mobile device applications, and all other elements of the Platform, the App and the Services (collectively, the “Technology”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Technology contained in the Services are the exclusive property of Sondr or its subsidiaries or affiliates and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Platform, the App and the Services are proprietary to Sondr or its affiliates and/or third-party licensors. Except as expressly authorized by Sondr under these Terms of Service, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Technology.
We expect you to respect the intellectual property rights of others when using the Platform and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. Identification of the copyrighted work or works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number, and an email address, if available;
e. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the Member's account if the Member is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE PLATFORM, THE APP AND ALL SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE PLATFORM, THE APP OR IN ANY SERVICES. WE, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE PLATFORM, THE APP, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE PLATFORM OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR USE OF THIS PLATFORM, THE APP AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE PLATFORM, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT MEMBER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE PLATFORM AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS PLATFORM AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS PLATFORM CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM OR THE APP ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
Opinions, advice, statements, offers, or other information or content made available through the Platform and the Services, but not directly by Sondr, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SONDR DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM, THE APP OR THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SONDR. UNDER NO CIRCUMSTANCES WILL SONDR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM, THE APP OR THE SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS.
From time to time, Sondr may offer new “beta” features or tools with which its Members may experiment on the Platform, the App and/or the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Sondr’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such “beta” features or tools.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONDR, INCLUDING ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, ADVISORS, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, THE APP OR THE SERVICES; (II) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING OTHER MEMBERS, ON THE PLATFORM OR THROUGH SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, UNLAWFUL OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (IV) ANY CONTENT OBTAINED FROM THE SERVICES; (V) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (VI) OTHER MATTERS RELATED TO THE PLATFORM, THE APP OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
FOR THE AVOIDANCE OF DOUBT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SONDR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, THE APP OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTRODUCTION, COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR THIRD PARTIES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AGENTS, ADVISORS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, THE APP OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, ADVISORS, PARTNERS, SUPPLIERS, OR LICENSORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Information Verification. Sondr and its service providers may use various ways of verifying information that visitors and Members have provided. However, you agree that Sondr and its service providers will have no liability to you arising from any incorrectly verified information or from any failure to verify information.
You agree to indemnify, defend, and hold harmless Sondr and its subsidiaries, affiliates, shareholders, officers, directors, employees, contractors, agents, advisors, partners, suppliers, and licensors, including, but not limited to, legal costs and attorney's fees, from any claim or disputes by a third party arising out of or relating to any third party claim with respect to: (a) your use of or inability to use the Platform, the App or the Services, (b) any Member postings, communications or uploads made by you or through your account, including without limitation your posting, modifying, displaying, performing or otherwise transmitting Member Content through the Platform, the App or the Services, (c) your violation of any terms of these Terms of Service or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
To the fullest extent permitted by applicable law, you hereby release and forever discharge Sondr (and our affiliates, subsidiaries, shareholders, officers, directors, managers, employees, advisors, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (i) any interactions with, or act or omission of, or Member Content provided by, other Members or third parties or (ii) any third-party platform, website, products, services, and links included on or accessed through the Services.
We may suspend or terminate your access to the Platform, the App and any Service at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Your Member Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms of Service will survive the termination of these Terms of Service, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
These Terms of Service will become effective upon your acceptance of the Agreement by your use of the Platform, the App or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Sondr may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Sondr reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information and/or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of these Terms of Service, you agree that all fees then paid to Sondr by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: ________________@sondr. com. Following any termination of any Member’s use of the Introduction Service, Sondr reserves the right to send a notice thereof to other Members which whom you have corresponded.
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Service at any time during the term of such registration or subscription or any renewal period by accessing the “Settings” page option on your membership home page or the App, clicking on “Cancel My Subscription.” or “Delete Account” link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installation payment basis, your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
If you purchased the subscription to a Service through the App from a Third Party Store, you will continue to have access to the Service through the App for the remainder of your paid subscription, however, if you delete your account under the Settings page, your profile will be deleted and you will no longer have access to the Service.
b. 3-Day Cancellation. Regarding the Introduction Service, you, the subscriber, may have the right under applicable state law to cancel the subscription, without any penalty or obligation, at any time prior to midnight of the third business day following the date of these Terms of Service, excluding Sundays and holidays. If this applies to you and you did not subscribe to the Introduction Service through a Third Party Store, to cancel the Introduction Service, click the Delete Account link on the Settings section of the App. Any refunds under this 3-day cancellation policy will be made within 10 days after Sondr’s receipt of your cancellation notice.
c. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the Introduction Service to which you subscribed, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i. If you have prepaid any amount for the Introduction Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your legal representative.
ii. “Disability” means a condition which precludes you from physically using the Introduction Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Sondr.
iii. If the physician determines that the duration of the disability will be less than six (6) months, Sondr may extend the term of the Introduction Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, Sondr automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page or on the App, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our Members. By subscribing to a Service, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.
We may modify or update these Terms of Service from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Platform and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms of Service, including, but not limited to, by email, posting on the Platform, or other reasonable means.
Should you breach these Terms of Service, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Platform and Services and your Member account. We may also choose to remove your Member Content.
Unless both parties agree otherwise, you and Sondr agree that any dispute, claim, or controversy you may have arising out of or relating to the Platform, the App, the Services, or these Terms of Service will be resolved through mandatory binding final arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, by a single arbitrator located in New York, New York, and the judgment of such arbitrator may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE PLATFORM OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of these Terms of Service and the termination of your account.
You and Sondr agree that Sondr may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
The following additional terms and conditions apply to you if you download the App from a third party app store (“Third Party Store”). To the extent that the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
a. These Terms of Service are concluded solely between you and Sondr and not with the providers of the Third Party Store, and Sondr (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms of Service provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
b. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Sondr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sondr.
c. Sondr, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms of Service, and, upon your acceptance of these Terms of Service, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).
We may make certain products and/or services available to the Members who are users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to see who has reviewed or saved your member profile (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account (when applicable), which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method (based on what is available in the app) and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to us are made as well as how such payments may be changed or canceled. Your subscription to our Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription.
Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, we do not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, we and our third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any Member from conducting any or all transaction(s); and/or to refuse to provide any Member with any product. Further, if we terminate your use of or registration to the App and/or to the Platform because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
a. Entire Agreement. These Terms of Service, EULA and our Privacy Policy represent the entire and exclusive agreement between you and Sondr regarding your use of the Platform, the App and the Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Platform or the App. In the event that these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
b. Waiver and Severability. Our failure to enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. If any provision of these Terms of Service or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms of Service; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
c. Assignment. Your rights and obligations under these Terms of Service, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms of Service and our rights and obligations hereunder without notice to you, and these Terms of Service will continue to be binding on assignees.
d. Cumulative Rights. The rights of all parties under these Terms of Service are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
e. Law and Jurisdiction. These terms shall be governed by, and will be construed under, the laws of the State of New York, United States, without regard to or application of its conflict of law principles or your state or country of residence. Other than as provided in Section 28 with respect to mandatory arbitration, all claims, disputes, and legal proceedings related to or arising out of these Terms of Service or your use of the Platform or Services will be brought exclusively in the federal or state courts located in New York, New York, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
Electronic communications occur whenever you use the Platform or Services, you send us emails, we send you emails, and we post notices on the Platform. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
We may use your email address to send you messages notifying you of important changes to the Platform or any Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Platform, the App or the Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
Please report any violations of these Terms of Service to us. If you require any more information or have any questions about these Terms of Service, you may contact us as follows: