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Terms.txt
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Terms.txt
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Terms and Conditions
====================
Last updated: September 02, 2021
Please read these terms and conditions carefully before using Our
Service.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions shall
have the same meaning regardless of whether they appear in singular or
in plural.
Definitions
-----------
For the purposes of these Terms and Conditions:
- **Affiliate** means an entity that controls, is controlled by or is
under common control with a party, where "control" means ownership
of 50% or more of the shares, equity interest or other securities
entitled to vote for election of directors or other managing
authority.
- **Country** refers to: Quebec, Canada
- **Company** (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to SoundSwitch.
- **Device** means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
- **Service** refers to the Software.
- **Terms and Conditions** (also referred as "Terms") mean these Terms
and Conditions that form the entire agreement between You and the
Company regarding the use of the Service. This Terms and Conditions
agreement has been created with the help of the [Terms and
Conditions
Generator](https://www.termsfeed.com/terms-conditions-generator/).
- **Third-party Social Media Service** means any services or content
(including data, information, products or services) provided by a
third-party that may be displayed, included or made available by the
Service.
- **Website** refers to SoundSwitch Website, accessible from
[<https://soundswitch.aaflalo.me>](https://soundswitch.aaflalo.me)
- **Software** refers to SoundSwitch, the Application that has been
installed on your machine
- **You** means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
Acknowledgment
==============
These are the Terms and Conditions governing the use of this Service and
the agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the
use of the Service.
Your access to and use of the Service is conditioned on Your acceptance
of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the
Service.
By accessing or using the Service You agree to be bound by these Terms
and Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not
permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully
before using Our Service.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that
are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through
any such web sites or services.
We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your access immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this
Terms and Your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states,
each party's liability will be limited to the greatest extent permitted
by law.
"AS IS" and "AS AVAILABLE" Disclaimer
=====================================
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including
all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out
of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service
will meet Your requirements, achieve any intended results, be compatible
or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its
servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under
applicable law.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first
try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident
in.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that
is subject to the United States government embargo, or that has been
designated by the United States government as a "terrorist supporting"
country, and (ii) You are not listed on any United States government
list of prohibited or restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of
any subsequent breach.
Translation Interpretation
==========================
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English
text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
=====================================
We reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable
efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at
Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the
website and the Service.
Telemetry terms
===============
By having the telemetry enabled, you agree to have the version of
SoundSwitch you have installed be shared with Us anynoumously using the
service provided by [Sentry](https://sentry.io/). This information is
only used as a way to gather the adoption of new version of the sofware.
Data gathered
-------------
- Version of SoundSwitch
Contact Us
==========
If you have any questions about these Terms and Conditions, You can
contact us:
- By email: <https://www.aaflalo.me/contact/>