Effective Date: November 17, 2022

This EarBuds Terms of Service (“Agreement”) is a binding agreement between you (“End User” or “you”) and Earbuds, Inc. (“Earbuds”, “we”, “us”, and “our”). This Agreement governs your use of the Earbuds.App site (“Site”) and the Earbuds mobile application on Android and iOS, (including all related documentation, the “App” and collectively with the Site, the Services). The App is licensed, not sold, to you.

Please read this Agreement carefully before you start to use our Services. By using the Site or by installing the Services, you accept and agree to be bound and abide by these Terms of Service and the Earbuds Privacy Policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use our Services. We may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email or posting them to the Services and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this Agreement from time to time so you are aware of any changes, as they are binding on you.

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  1. License Grant. Subject to the terms of this Agreement, Earbuds grants you a limited, non-exclusive, and nontransferable license to:
  2. download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
  3. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 7) made available in or otherwise accessible through the Services, strictly in accordance with this Agreement.
  4. License Restrictions. Licensee shall not:
  5. copy any part of the Services, except as expressly permitted by this license;
  6. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
  7. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
  8. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
  9. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason;
  10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
  11. use their account to impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  12. use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  13. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by EarBuds, may harm EarBuds or users of the Services or expose them to liability;
  14. use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
  15. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;