Terms & Conditions
Last updated: 18 January 2024 (the “Publication Date
These Terms of Service (also referred to as the “Agreement
”) are entered into by Audicin Oy (a Finnish limited liability company with Business ID 3263896-5, hereinafter “Audicin
” or “We
”) and you as an individual or, if you execute this Agreement on behalf of a legal entity, that entity (hereinafter “You
”). This Agreement governs Your use of products and services provided by Audicin, including Our software application, website, social media pages, and other services (together the “Service
Please read these Terms of Service carefully. If You do not understand or wish to be bound by these Terms of Service, please do not use, access, or register with the Service. Any additional third-party platform (e.g., Apple Store and Google Play) terms and conditions apply, when applicable. If You have any questions regarding these Terms of Service, please contact Us by email: [email protected]
BY CLICKING THE “ACCEPT” OR SIMILAR BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING OR ACCESSING THE SERVICE IN ANY OTHER WAY, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY REVIEWED AND ACCEPT THESE TERMS OF SERVICE AND, IF YOU HAVE INDICATED THAT YOU ACT ON BEHALF OF AN ENTITY, ARE AUTHORISED TO ACT ON BEHALF OF SUCH ENTITY.1. Use of the Service and Subscription Plans1.1. Registration and Use of the Service
You must be at least 18 years old to access and utilize the Service. To use the Service, You are required to register for an account and provide Us with accurate and complete information during the registration process. If any of Your account, contact, or other information changes, please promptly update Us with the revised details. It is Your responsibility to safeguard Your account information, ensuring the confidentiality of Your password, and monitoring all activity under Your account. You acknowledge and agree that You are liable for any actions that occur under Your account. Promptly inform Us of any unauthorized account use or security breaches by email: [email protected]
. You agree not to create any new accounts without Our explicit permission if Your access to any part of the Service has been previously revoked by Us.
It is Your responsibility to procure and maintain the necessary equipment and connections for Service usage. You are responsible for safeguarding Your computer system and telecommunications.1.2. Subscriptions and Promotional OffersSubscription.
If You choose to purchase a recurring subscription for using the Service, the subscription will continue for the duration You choose and will automatically renew for another subscription period unless canceled. By opting for a recurring subscription, You authorize Audicin to automatically renew Your subscription at the then-current price, including any applicable taxes and fees specified.
To avoid automatic renewal, You must cancel Your subscription at least twenty-four (24) hours before the end of Your current subscription period. If We cannot charge Your payment method for the subscription, You remain responsible for any outstanding amounts.
To cancel Your subscription, please use a third-party platform (e.g., App Store or Google Play). If You decide to cancel, You won't be eligible for a refund of the fees already paid. However, in accordance with this Agreement, You will continue to have access to the Service until the end of the subscription period.Business Subscription.
We may provide access to the Service through Your employer. To gain access, follow the instructions outlined by Your employer, as per the terms and conditions of Your employer’s agreement with Us. Upon the expiration of Your eligibility under the business subscription, Your right to use the Service will automatically cease. The cancellation period is contingent on the terms and conditions agreed upon with Your employer, and cancellation must be communicated in writing to Our designated contact person specified in the agreement between Us and Your employer
within the agreed cancellation period.Changes
. We reserve the right to modify recurring subscriptions, which may include changes to prices. We will notify You of any significant changes at least thirty (30) days in advance via the email address linked to Your account. If You disagree with the changes, You have the option to cancel Your subscription under the same terms and conditions explained in the above section regarding (individual) subscriptions. Changes to business subscriptions will be communicated to the designated contact person specified in the agreement between Us and You, and notification will be provided at least thirty (30) days before the conclusion of the current agreement period.Promotional Offers.
You may be offered a free trial period or an initial discount. Additional terms and conditions specific to each promotional offer will be outlined in the particular promotional offer terms and conditions. You must meet the eligibility requirements stated in said terms and conditions. Unless otherwise mentioned, promotional offers are exclusively for new customers who have not previously subscribed to the Service or used a promotional offer. We reserve the right to determine Your eligibility for a promotional offer and to modify or cancel a promotional offer at any time. To enroll in a promotional offer, You must provide a valid payment method.
Once Your promotional period concludes, You authorize Audicin to begin invoicing on a recurring basis at the then-current price unless You cancel Your subscription twenty-four (24) hours prior to the end of the promotional period, as provided in the section above regarding (individual) subscriptions.1.3. Other Payment Terms
If You have any questions or concerns regarding any transactions with Us, please contact [email protected]
or Your designated contact person. We reserve the right to validate Your identity or request more information related to Your account, and to decline processing or cancel purchase requests, including in cases of suspected fraud or if Your payment method is declined. You have the legal right to cancel Your purchase of a recurring subscription and receive a full refund within fourteen (14) days from the date of Your subscription purchase. To initiate a withdrawal, You must inform Us in writing of Your decision by emailing [email protected]
specifying the purchase date and providing Your contact details. Ensure that You send Your withdrawal request before the 14- day deadline expires. It is important to note that this right will be forfeited if You use the Service under Your subscription during the 14-day cancellation period unless the Service has been found to have
been defective during that timeframe and this is the reason for Your decision to withdraw from the purchased subscription.1.4. Prohibited Uses
You are accountable for Your user content and conduct under Your account while using the Service and agree not to do any of the following:
1) Harass, threaten, impersonate, or intimidate anyone;
2) Post, upload, create, publish, store, submit, transmit, or share any user content that: (i) is confidential or proprietary to a third party without You having the necessary rights to disclose such information or to grant any licenses thereto; (ii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable; (iii) violates any copyright, trademark, or other intellectual property law, or privacy rights; (iv) violates these Terms of Service, the rights of any party, or any applicable law or regulation; (v) is considered unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation at Our discretion;
3) Copy, reproduce, distribute, use, publicly perform, or publicly display the Service, or any individual element within it, Audicin’s trade name, any Audicin’s trademark, logo, or other proprietary information, or the layout and design of any page or form, without express written consent from Us;
4) Modify the Service, remove proprietary rights notices, markings, or make derivative works based upon the Service;
5) Use the Service for purposes other than intended, violate these Terms of Service, or any applicable law, regulation, contract, intellectual property, or third-party right, or interfere with other users' enjoyment of the Service;
6) Develop or use applications that interact with the Service without Our prior written consent;
7) Avoid, bypass, ignore, remove, deactivate, impair, descramble, or circumvent any technological measures implemented by Us or any third party to protect the Service;
8) Attempt to access or search the Service, scrape, extract data, or content from it, except through the provided software or search agents by Us;
9) Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Service, or anything that might discover source code;
10) Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the Service, or uploading or transmitting any worms, viruses, or any destructive code;
11) Collect or store any personally identifiable information from other users of the Service
without their express permission;
12) Use or attempt to use another user’s account without authorization from that user and us;
13) Encourage or enable any other individual to do any of the foregoing. The list above is not intended to be exclusive, and all similar acts or acts intended to achieve a similar result are prohibited.
If We reasonably believe that any user content violates these Terms of Service, We may choose to remove or decline to display such content. Whenever possible, We will make an effort to notify You of Our action in writing, with email being an acceptable means, unless We reasonably believe that providing notice would: (i) violate any applicable law; (ii) create a risk of liability for Us or Our affiliates; (iii) impede an ongoing investigation; (iv) jeopardize the operation of the Service; or (v) cause harm to any user or other party. Our decision not to enforce this section in certain instances does not waive Our right to enforce it in other cases. We retain the right to investigate violations of these Terms of Service or any conduct affecting the Service. We may also collaborate with law enforcement authorities to prosecute users who violate the law. Additionally, this section does not establish any private right of action for any third party, nor does it create a reasonable expectation that the Service will be free of user content prohibited by these rules.1.5. Suspension and Termination
We may suspend or terminate Your access to the Service if You materially or repeatedly violate these Terms of Service, if required by law or court order, or if We reasonably believe Your conduct poses potential liability or risk of harm to Us or any other party, which We could not reasonably avoid without such suspension or termination. Additionally, We reserve the right to suspend Your account for up to ninety (90) days while investigating if any of these conditions are present. Written notice, with email being an acceptable means, will be provided upon any suspension or termination, unless prohibited by law. During such periods, We will not continue to charge You for the Service.
Please be aware that We may terminate Your business subscription-based access to the Service if You no longer meet the eligibility criteria outlined in Our agreement with Your employer. Upon termination, discontinuation, or cancellation of the Service or Your account, all provisions of this Agreement that, by their nature, should survive will endure. This includes ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.1.6. Modifications, Changes and Service Interruptions
We may modify or discontinue the Service periodically for valid reasons, such as preventing abuse or harm, addressing compliance, safety, or security issues, offering new features or content, responding to substantial changes in how the Service is being used, or meeting other legal requirements. We will only cease offering a service or implement a change that significantly impacts Your ability to use existing Service after considering the reasonableness of the change, Our users' expectations, and the potential impact on You and others. In most cases, We will provide You with reasonable advance notice before implementing such changes and inform You of Your right to cancel Your subscription if You choose to do so. However, We may make changes without notice in more urgent situations, such as preventing abuse or harm, addressing safety or security concerns, or complying with legal requirements.2. Intellectual Property Rights
The software and other technology employed to deliver the Service, along with any subsequent modifications, are, or may be, protected by copyright, trademark, and other intellectual property laws in their respective jurisdictions. They belong to Us or Our third-party licensor and continue to be Our exclusive property or the exclusive property of Our third-party licensors.
Audicin exclusively owns all rights, title, and interest in and to the Service, including audio, video, images, graphics, text, and other materials provided via the Service, along with all associated intellectual property rights. You acknowledge that the Service is safeguarded by intellectual property rights and other laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices integrated into or accompanying any part of the Service.
Additionally, You will not copy, reproduce, distribute, modify, create derivative works, reverse engineer, reverse assemble, attempt to discover any source code, publicly display, publicly perform, republish, download, store, or transmit any part of the Service, except as necessary for Your permitted use of the Service.
Upon Your compliance with this Agreement and the payment of applicable fees, Audicin grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for Your personal, non-commercial purposes, unless Audicin has granted You written permission otherwise, such as on a trial or test basis. Furthermore, Audicin grants You a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app We distribute through a third-party platform
(e.g., App Store or Google Play) on a mobile device that You own or control. In addition to the right to use the Service in accordance with these Terms of Service, they do not confer any right, title, or interest in the Service or related software or technology, or the content in the
Service or related intellectual property rights. This Agreement does not grant You any rights to use the Audicin mark or other trademarks, logos, domain names, or other brand features. We retain the right to use without any restrictions any feedback, comments, or suggestions You send Us or post in any other way without any obligation to You. Any use of the Service other than as specifically authorized herein, without Our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate Our intellectual property rights. Subject to Your mobile device configurations, You authorize Us to automatically install updates to any of Our mobile apps following appropriate notice of such updates.3. Indemnification
You agree to indemnify, defend, and hold Audicin, its affiliates, subsidiaries, directors, officers, and employees (collectively “Indemnified Person(s)”) harmless from and against all third party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from Your breach of the terms and conditions of this Agreement.4. Medical Disclaimers and Limitation of Liability4.1. Medical Disclaimers
THE SERVICE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE, NOR TO SUBSTITUTE PROFESSIONAL MEDICAL CARE. AUDICIN IS NOT A LICENSED MEDICAL CARE PROVIDER, AND LACKS EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING ANY MEDICAL CONDITIONS OR PRESCRIBING TREATMENTS. AUDICIN IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR PROPER USE OF THE SERVICE. IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, IT IS CRUCIAL TO CONSULT A MEDICAL PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT DUE TO INFORMATION OBTAINED THROUGH THE SERVICE.
NOT ALL ACTIVITIES DESCRIBED AS PART OF THE SERVICE ARE SUITABLE FOR EVERYONE. AVOID USING THE SERVICE WHILE DRIVING, OPERATING HEAVY MACHINERY, OR ENGAGING IN TASKS REQUIRING ATTENTION AND CONCENTRATION. FURTHERMORE, IN THE EVENT THAT YOU EXPERIENCE ANY UNUSUAL PHYSICAL OR MENTAL DISCOMFORT, IMMEDIATELY DISCONTINUE USE OF THE SERVICE.
IT IS STRONGLY ADVISED TO SEEK MEDICAL ADVICE BEFORE UTILIZING OUR SERVICE IF YOU HAVE A NEUROLOGICAL CONDITION ASSOCIATED WITH FITS, POSSESS A PACEMAKER OR HAVE ANY HISTORY RELATED TO A HEART CONDITION, ARE UNDER 18 YEARS OLD, OR ARE PREGNANT. THE SAFETY OF ALL THE ELEMENTS IN OUR ENGINEERED SOUND HAS NOT YET BEEN SCIENTIFICALLY ASSESSED IN THESE POPULATIONS. BY USING THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT THE AUDICIN ASSUMES NO LIABILITY WHATSOEVER FOR ANY CONSEQUENCES, INJURIES, OR ISSUES THAT MAY ARISE. IT IS YOUR RESPONSIBILITY TO CONSULT WITH A QUALIFIED
MEDICAL PROFESSIONAL TO ASSESS THE APPROPRIATENESS AND SAFETY OF USING THE SERVICE IN SUCH CONDITIONS. AUDICIN DISCLAIMS ALL LIABILITY FOR ANY ADVERSE EFFECTS OR OUTCOMES RESULTING FROM THE USE OF THE SERVICE UNDER THE MENTIONED CONDITIONS.
Like all auditory treatments, using binaural beats with personal listening devices can put listeners at risk for noise-induced hearing loss. To avoid hearing damage people should avoid using Audicin at high volumes on their devices.4.2. Limitation of liability
THE SERVICE IS PROVIDED "AS IS," AND YOU SHALL USE IT AT YOUR OWN RISK. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SATISFACTORY QUALITY RELATED TO THE SERVICE OR ITS RESULTS.
WE SHALL NOT BE LIABLE FOR ANY, INJURIES, OR ISSUES THAT MAY ARISE DUE TO YOUR BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR LOSSES INCURRED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DATA, OR BUSINESS INTERRUPTION ARISING FROM YOUR ACCESS, USE, OR INABILITY TO USE THE SERVICE, OR ANY ERRORS OR OMISSIONS IN IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AUDICIN AND/OR OUR EMPLOYEES, OFFICERS, OR DIRECTORS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED ONE HUNDRED EUROS (EUR 100).
Nothing in this Agreement is intended to exclude or limit Audicin’s liability for death, personal injury, or fraudulent misrepresentation caused by Our negligence or willful misconduct, or any other liability to the extent that such liability may not be excluded or limited as a matter of applicable law.5. Confidentiality
In using the Service, You may have access to confidential information belonging to Audicin, such as details about the number of Service users, usage levels, and other similar commercially valuable information not publicly available. You agree to maintain the confidentiality of any such information and refrain from exploiting it in any manner, form, or scope.6. Data Processing
For Us to provide the Service to You, We may process personal data disclosed by You to Us. We process such personal data on behalf of You and therefore We are the processor, and You are the controller of such personal data under the General Fata Protection Regulation of the EU (679/2016) (hereinafter “GDPR
”). This Section 9 contains the data processing agreement (DPA) between the Us and You in accordance with Art. 28 of the GDPR as follows (the definitions used in this Section 7 shall have the same meaning as in the GDPR).6.1. Scope
The Parties hereby agree that the scope of the personal data processing shall be the entering and storing personal data into database for providing the Service.6.2. Purpose and duration
Personal data is processed as part of the provision of the Service, and it is processed until expiration of termination of the provision of the Services.6.3. Categories of personal data and data subjects
The processed personal data includes the following:
Information we collect in order to provide services and products:
- Personal information (name, email address, user ID)
- Company information (name, invoicing details, contact person)
- Consent information (subscription for email marketing, for research panel)
- Cookie information (opt-in for cookies)
Product usage (when using Service):
- Track and songlists listened
- How long and when listened
Personalization information (optional, based on consent):
- Reason for using the Service
- User need
- Perceived Impact
- KEDS measurement6.4. Obligations and rights of the Customer
You are solely in charge of the legality of personal data it discloses into the Service, and the You warrant that We have the right to process all personal data it discloses into the Service. If You unlawfully disclose personal data to the Service, You shall fully reimburse Us for all the costs that arise for the said activity. You may, if necessary and possible considering the provision of the Service, provide the Us with binding written instructions regarding this DPA.6.5. Instructions of the Customer
We: i) are not allowed to process the personal data for any other purposes than what has been agreed herein; ii) have an obligation to follow all applicable data protection laws; iii) ensure that only authorized persons gain access to personal data; and iv) ensures that all persons processing personal data are under a confidentiality obligation or professional or statutory obligations of confidentiality, ensuring in each case that access to personal data is limited to those individuals who need to have access to the relevant personal data for the purposes of this DPA and the Agreement.
You grant us a general permission to hand over, transfer or in any similar way process personal data outside the EU/EEA. Upon such processing, We have an obligation to follow all applicable data protection laws, the instructions from You and the Agreement. If any of the prerequisites of the approval seize to exist, We have an obligation to immediately: (a) perform an action that ensures the lawful processing of the personal data and that the processing is conducted according to the instructions given by You and the Agreement; or (b) seize the transfer of personal data outside the EU/EEA and return the personal data transferred outside the EU/EEA to Finland.6.6. Confidentiality
The confidentiality obligations set forth in the Section 5 of this Agreement shall apply to this DPA. In particular, We undertake to keep confidential any personal data (including any material and information related thereto) and not disclose the personal data to any third party unless instructed to do so by You in accordance with the Agreement and data protection laws.6.7. Data security
We shall ensure that appropriate technical and organizational data protection measures is taken to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to personal data. Each party is responsible for ensuring that the documented relevant risk management and security processes are applied to the processing of personal data. Such measures may include (i) encryption or pseudonymization of personal data, (ii) adequate protection of systems and communications, (iii) organization of ongoing confidentiality, integrity, availability and fault tolerance of processing systems and services and (iv) the ability to recover data quickly and to access data in the event of a physical or technical failure.
We shall notify You of any data breaches immediately. In addition, We shall, without delay and within 72 hours of the occurrence or threat of the violation, provide You with the information necessary to fulfil the statutory obligations, to investigate the matter, to prevent similar violations and to make statutory declarations, including a description of the data breach and the consequences of the breach, and a description of the actions taken by Us. We shall complete this information at the request of You and in accordance with Your instructions.6.8. Sub-processors
We have the right to use other processors (e.g. cloud services providers) (hereinafter ”subprocessor”) to process personal data. Subprocessors shall be under the same obligations as We and We shall remain fully liable to You for the performance of our subprocessors.6.9. Deletion or return of personal data
After the Agreement is no longer in force between Us and You, We and our subprocessors shall return, at our own expense and without delay, your personal data. If the return of personal data is not possible, we shall agree on the destruction of the material in a separate agreement.6.10. Audit
At the written request of You, We shall make available to You all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR, and We authorize and participate in audits performed by You or third-party auditor authorized by You. We shall have a right to a remuneration for reasonable direct costs that arise from fulfillment of the obligation under this Section 6.10.7. Assignment
You may not assign this Agreement or any of Your rights and obligations hereunder to any third party. Audicin may assign this Agreement and any of its rights and obligations under this Agreement to its affiliate or a third party at any time without notice.8. No Waiver
The failure to require performance of any provision of this Agreement shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.9. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect.10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the substantive laws of Finland excluding its choice of law provisions.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The language of arbitration shall be Finnish.11. Term and Termination; Amendments
These Terms of Service come into force on the Publication Date. These Terms of Service shall apply to the Service for as long as the Service is used and available or until new updated Terms of Service are published after which the updated Terms of Service shall apply. We may modify these Terms of Service periodically, citing reasons such as legal or regulatory compliance, security, adapting to changes in the Services or Our business practices, or preventing harm to Us or others. We will give reasonable advance notice of any substantial changes, except for updates related to new Service features or in urgent situations, such as for compliance or safety reasons. In the case of email notices, the date of receipt will be deemed as the date the notice is transmitted.
Any disputes will be resolved based on the version of Terms of Service in effect at the time the dispute arose. Unless We specify otherwise in Our notice, Your use of the Services after any changes or amendments to the Terms of Service will signify Your acceptance of such changes or
amendments. If You do not agree with the updated Terms of Service, You should cancel Your subscription and discontinue using the Services.
We reserve the right to terminate these Terms of Service and this Agreement with You immediately if You are in breach of any of these Terms of Service. Upon termination, the provision of Service will cease immediately, and We may delete all Your user content from the Service. However, please note that We have the right, though no obligation, to retain Your user content or parts of it, enabling You to reactivate Your subscription and continue using the Service.