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App Terms and Conditions

Last updated – January 23, 2020

IRIS LISTEN WELL MOBILE APPLICATION – TERMS AND CONDITIONS OF USE

What’s in these terms?

These terms tell you the rules for using our mobile application, Iris Listen Well (our app).

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

The Iris Listen Well app contains audio processing software to dramatically increase the sound quality of the music provided by your streaming services. The app is operated by TGR1.618 Limited (We), a limited liability company registered in England and Wales under company number 11093621. Our registered office and main trading address is at 21 Knightsbridge, London SW1X 7LY, United Kingdom.

To contact us, please email [email protected].

By using our app you accept these terms

By registering for and/or using our app, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our app.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our app:

  • Our Privacy Policy. See further under How we may use your personal information.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our app, please check these terms to ensure you understand the terms that apply at that time. When we make material changes to these terms, we will provide you with notice as appropriate under the circumstances. In some cases, we will notify you in advance, and your continued use of the app after the changes have been made will constitute your acceptance of the changes. The current effective version of these terms can be found on our website, irislistenwell.com.

We may make changes to our app

We may update and change our app from time to time.

We may suspend or withdraw our app

Our app is made available free of charge.

We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How you may use our app

You promise and agree that you are using the app for your own personal, non-commercial use. The software contained in the app and any content you play through the app are not sold or transferred to you and we retain ownership of all the software applications even after installation of the app on your mobile handsets, tablets, wearable devices and/or other devices (each a Device).

The audio content that you stream through the app through a third party streaming service will remain the property of such third party streaming service or its licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our app must always be acknowledged.

You must not use any part of the content on our app for commercial purposes without obtaining a licence to do so from us or our licensors.

If you use any part of our app in breach of these terms, your right to use our app will cease immediately.

Third party content

Our app is designed to be used with certain third party streaming services and content providers. These third parties may have their own terms and conditions and privacy policies. You understand and agree that we are not responsible for any of the content of any third party provider or for any transaction that you may enter into with any such third party provider. Further, we do not represent or warrant that any such third party provider will continue to support access to its services or content through the app.

We respect the copyright of others and require that users of our services comply with all applicable copyright and intellectual property law. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.

You agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal costs) arising out of or in relation to your violation of any law or the rights of a third party.

Rights granted to us

In consideration for the rights granted to you under these terms, you grant to us the right to use the processor, bandwidth and storage hardware on your Device in order for us to provide the app’s services. We may also use the app to provide advertising and other information to you about other products or services that we offer.

If you provide feedback, ideas or suggestions (Feedback) to us in connection with the app’s services, you acknowledge that such Feedback is not confidential and you authorise us to use that Feedback without restriction and without payment to you.

We are not responsible for websites we link to

Where our app contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Please note that we only provide our app for domestic and private use. You agree not to use our app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses

We do not guarantee that our app will be secure or free from bugs or viruses. You are responsible for configuring your Devices to access our app. You should use your own virus protection software.

You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack any of our websites or servers on which our app is stored via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Our trade marks and other intellectual property

All Iris trade marks, service marks, trade names, logos, domain names and any other features of the Iris brand (Iris Branding) are the sole property of Iris or its licensors. These terms do not grant you any rights to use any Iris Branding, whether for commercial or non-commercial use, without our approval.

Term and termination

These terms of use will continue to apply to you until terminated by either you or us.

We may terminate or suspend your access to the app’s services at any time, including (but not limited to) in the event of your actual or suspected unauthorised use of the app, or non-compliance with these terms of use.

If we or you terminate the services, you agree that we shall have no responsibility to you.

These terms of use constitute all the terms and conditions agreed upon between you and us and superseded any prior agreements in relation to the subject matter of these terms of use and the agreements constituted thereby, whether written or oral.

You agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal costs) arising out of or in relation to your breach of these terms of use and/or any activity which you engage on or through the services provided by our app.

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