Terms & Conditions
eargym, ltd. ("eargym") has designed and developed an eargym Beta Program ("eargym Beta Program") to, among other things, allow a limited number of people to download test versions of eargym applications for mobile devices (the “Experimental Software”), such as the eargym for Android or eargym for iOS applications, and to provide feedback and comments to eargym regarding use of such applications. By joining the eargym Beta Program, you agree to be bound by the terms and conditions set forth below (the "Agreement").
1. Your Feedback By enrolling in the eargym Beta Program you will have the ability to: (a) download, test, evaluate and analyze the Experimental Software (b) and provide feedback, analysis, suggestions and comments to eargym (including, but not limited to, bug reports and test results) (collectively, “Feedback”).
By participating in the eargym Beta Program, you agree that any Feedback you provide will become the property of eargym and you agree that eargym may use or otherwise exploit all or part of your feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
2. Confidentiality Confidential Information. The eargym Beta Program is designed to assist eargym in researching, analysing and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). eargym may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.
Definition. “Confidential Information” means all information disclosed by eargym, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, eargym may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to eargym, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, eargym shall be entitled to seek equitable relief, including injunction, in the event of such breach.
3. No Compensation or Employment You acknowledge that you are participating in the eargym Beta Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist eargym to use, implement, and understand various facets of the Experimental Software. eargym, at its sole discretion, may provide you compensation or credit for your participation and/or Feedback but you acknowledge and agree that eargym has no obligation to do so. In the event eargym provides you any form of compensation, you represent and warrant that you will pay all applicable local taxes based on any payments received by you. eargym makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that eargym will not compensate you for your participation in the eargym Beta Program. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and eargym.
eargym may, in its sole discretion, at any time, terminate or discontinue the eargym Beta Program, discontinue your participation in the eargym Beta Program, or remove your Feedback. You acknowledge and agree that all such decisions by eargym are final and eargym will have no liability with respect to such decisions.
4. Notices Unless otherwise set forth in this Agreement, eargym may give general notices to you by posting on any eargym website or in their Facebook community group (e.g., eargym.world) and, where possible, by electronic mail to your email address.
5. No Warranty from eargym YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE EARGYM BETA PROGRAM IS AT YOUR OWN RISK. THE EARGYM BETA PROGRAM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EARGYM EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE EARGYM BETA PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE EARGYM BETA PROGRAM, THE EXPERIMENTAL SOFTWARE, EARGYM, AND/OR THE EARGYM WEBSITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
6. Limitations of Liability IN NO EVENT SHALL EARGYM, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF EARGYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, EARGYM’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO £100.00. You acknowledge that eargym has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.