Last updated on November 23, 2023
Legal Notice :
AudioVitality SA, Rue de Genève 21
Mr Mike Hecker – CEO
+41 21 318 73 90
Nr IDE: CHE-258.965.513
In addition, the provisions of the Apple App Store (“App Store”) and Google Play (“Google Play”), which the user agrees with the provider of the App Store and Google Play shall apply.
1. Acceptance of the Terms
By using our Services, you agree to be bound by these Terms.
3. Changes to the Terms
We reserve the right to modify the Terms as needed, and we will notify you by publishing them on the Site or through other communication channels. It is vital to stay informed by reviewing the Terms whenever they are updated. Your continued use of the Services following the posting of these updated Terms indicates your agreement to comply by them.
You may use our Services only if you are at least 13 years old and you are not prohibited by applicable law from doing so. To make a purchase of our Services (as described in the “Purchases” section below), you must be at least 18 years old and have the capacity to discern.
5. Registration and Information About You
To access our Services, we kindly request that you create an account, referred to as the “Account”. This can be done via our website. We greatly appreciate your commitment to providing us with accurate, thorough, and up-to-date information for your Account. Furthermore, we kindly request that you regularly update this information to ensure its accuracy and completeness. In the event that you do not adhere to this, it may become necessary for us to suspend or terminate your Account.
We also ask that you exercise caution and refrain from sharing your Account password with anyone. Should you become aware of any unauthorized use of your Account, please promptly inform us.
Please be aware that you bear responsibility for all activities conducted under your Account, whether or not you possess direct knowledge of them.
6. Use of the Services
You are granted access to the Services by utilizing both the subscription-based features and the appointment scheduling functionality.
7. Return Policy
The purchase of the AudioVitality App with Remote Expert Guidance (i.e. our Starting Program) is non-refundable.
In the event that the customer fails to attend the scheduled appointment, without providing prior notice at least 24 hours before the appointment, AudioVitality reserves the right to withhold reimbursement of the appointment fee.
8. Automatic Renewal of Subscriptions Until Terminated and Procedure for Terminating a Subscription
– For one-time purchases (e.g., our Starting Programs with AudioVitality App), you will be charged at the time of your order placement.
– For our quarterly App subscriptions, charges occur at the beginning of the subscription period, and automatic renewals will continue for an additional period equal to the term of the expiring subscription unless you choose to cancel your subscription. You can cancel your subscription 24 hours prior to expiry at the latest.
– If you purchased a subscription in the Application via App Store or Google Play, you can cancel the renewal directly in the respective App Store or Google Play.
– Please note that fees for the current subscription period are non-refundable, and you will have access to the Services until the end of that period.
9. Changes to Subscription and Other Services Pricing Terms
AudioVitality maintains the right to modify its Subscription pricing terms at its discretion. In accordance with the App stores or Google Play policies, you will be notified of these changes before they take effect.
Please note that these price adjustments will not be applied retroactively and will only impact Subscription renewals occurring after the communication of the changes.
If you disagree with AudioVitality’s pricing updates, you have the option to cancel your subscription as outlined in the “Automatic Renewal of Subscriptions Until Terminated and Procedure for Terminating a Subscription” section.
Payments to us are made through the Site or the App store / Google Play. AudioVitality provides services available through quarterly Subscriptions. When you initiate a Subscription purchase (collectively referred to as a “Transaction”), you’ll be asked to provide necessary Transaction details, including Payment Information such as credit card data and billing/shipping addresses. By making a Transaction, you authorize us to share your Payment Information with third-party service providers for Transaction completion.
Please note that once payment is confirmed, you’ll receive a confirmation email, making the order binding. Refunds or transfers are only allowed as specified in the Terms.
AudioVitality reserves the right to refuse or cancel orders under specific circumstances, such as declined credit cards or suspected fraud. We may also conduct identity verification, necessitating additional information to finalize your transaction. In cases where we do not process or cancel orders, no charges will be incurred.
11. Intellectual property rights and your rights of use
Our App and all related software, sounds, music, databases, graphics, user interfaces, designs and other content, designations, names and trademarks are protected by copyright, trademark and other intellectual property laws. AudioVitality is the sole owner and beneficiary of all intellectual property rights.
Subject to compliance with these Terms and any other Applicable provisions, AudioVitality grants you the non-exclusive and non-transferable right to use the App and the Services offered therein as permitted by AudioVitality. The right of use expires at the end of the agreed period of use. In particular, the user is not entitled to (i) transfer the App or his access to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass on; (ii) use the App or the Services to develop other services; (iii) to activate and use functionalities of the App or the Services for which he has not been granted any rights of use; (iv) to change, translate, reproduce, decompile the source code of the App, to examine its functions, except to the extent expressly permitted by law.
12. Disclaimer of Warranties
The Services are provided without warranty of any kind. We do not warrant that the Services will meet your requirements.
13. Limitation of Liability
AudioVitality’s liability arising directly or indirectly from these Terms or the use of, or inability to use, the Services shall not exceed the total amounts paid by you to AudioVitality for the usage of the Services. AudioVitality shall only be liable in the event of willful misconduct or gross negligence.
14. Applicable law and dispute resolution
Any dispute, directly or indirectly, related to this agreement, regardless of its cause, shall be governed by Swiss law. Any dispute arising out of or in connection with this agreement is subject to the exclusive jurisdiction of the courts in Lausanne, Switzerland.
15. Miscellaneous Terms
These Terms constitute the entire and exclusive understanding and agreement between AudioVitality and you with respect to the Services, and these Terms supersede any prior agreements, oral or written.
If any provision of these Terms is found to be invalid or unenforceable, that provision will apply to the fullest extent permitted and the remaining provisions of these Terms will remain in full force and effect.
You shall not assign or transfer these Terms without the prior written consent of AudioVitality. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Subject to the foregoing, these Terms will be binding upon and endure to the benefit of the parties, their successors and permitted assigns.
All notices and other communications given by AudioVitality under these Terms, including those regarding changes to these Terms, shall be given (i) by email from AudioVitality or (ii) by posting on the web site. In the case of notices given by email, the date of receipt will be deemed to be the date the notice is sent.
AudioVitality’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of AudioVitality.
16. Contact Information
If you have any questions about these Terms and the Services, please contact AudioVitality at firstname.lastname@example.org.