Frequently Asked Question

Terms of Service

Last Updated January 28th 2024,

Changelog:
January 28th 2024: Added outputs section

AGREEMENT TO OUR LEGAL TERMS
We are Sonauto, Inc. ("Company," "we," "us," "our").
We operate the website https://sonauto.ai (the "Site"), the mobile
application Sonauto (the "App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by email at [email protected] or by mail to 555 Mission
Rock St, San Francisco, CA 94158, USA, SF, CA 94158, United States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Sonauto,
Inc., concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. Changes to Legal Terms will become effective
seven (7) days after the notice is given, except if the changes apply to new
functionality, security updates, bug fixes, and a court order, in which case
the changes will be effective immediately. By continuing to use the
Services after the effective date of any changes, you agree to be bound by
the modified terms. If you disagree with such changes, you may terminate
Services as per the section "TERM AND TERMINATION."
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. OUTPUTS
9. CONTRIBUTION LICENSE
10. MOBILE APPLICATION LICENSE
11. SOCIAL MEDIA
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND
POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to: [email protected]. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or
other material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to: use,
copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicense the licenses granted in this section.
Our use and distribution may occur in any media formats and through any
media channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your
account through the Services to any of your social networking accounts,
you:
confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission nor post any Contribution that
is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original
to you or that you have the necessary rights and licenses to submit
such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable
your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright
you own or control, please immediately refer to the "DIGITAL MILLENNIUM
COPYRIGHT ACT (DMCA) NOTICE AND POLICY" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Legal Terms; (4) you are not a minor in
the jurisdiction in which you reside; (5) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized
purpose; and (7) your use of the Services will not violate any applicable law
or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled.
You consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until such
time as you cancel the applicable order. The length of your billing cycle will
depend on the type of subscription plan you choose when you subscribed
to the Services.
Cancellation
You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at
[email protected].
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws
or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username
of another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenuegenerating endeavor or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and
these Legal Terms.
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or wellbeing of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
8. OUTPUT
As between You and the Services, and to the extent permitted by applicable law, 
You own any right, title, or interest that may exist in the musical and/or audio 
content that You generate using the Services ("Outputs"). We hereby assign to 
You all our right, title, and interest, if any, in and to Your Outputs. 
This assignment does not extend to other users' Outputs, regardless of similarity 
between Your Outputs and their Outputs.
You grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, 
transferable, royalty-free, fully-paid, worldwide license to use Your Output to 
provide, maintain, develop, and improve the Services, to comply with applicable 
law, and/or to enforce our terms and policies.
You are solely responsible for Outputs and Your use of Outputs, including ensuring 
that Outputs and Your use thereof do not violate any applicable law or these terms 
of service. We make no warranties or representations regarding the Outputs, 
including as to their copyrightability or legality. By using the Services, 
You warrant that You will use Outputs only for legal purposes.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur
in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Services; and (3) to prescreen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and
use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use
of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the
App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6)
make the App available over a network or other environment permitting
access or use by multiple devices or users at the same time; (7) use the
App for creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a nontransferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance
and support services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that
is subject to a US government embargo, or that has been designated by
the US government as a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the
App, e.g., if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal
Terms against you as a third-party beneficiary thereof.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such
account, a "Third-Party Account") by either: (1) providing your Third-Party
Account login information through the Services; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Services via your
account, including without limitation any friend lists and (2) we may submit
to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable
the connection between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party
Account by contacting us using the contact information below or through
your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such ThirdParty Account, except the username and profile picture that become
associated with your account.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree
to be bound by our Privacy Policy posted on the Services, which is
incorporated into these Legal Terms. Please be advised the Services are
hosted in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Services, you are
transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright
you own or control, please immediately notify our Designated Copyright
Agent using the contact information provided below (a "Notification"). A
copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)
(3) and include the following information: (1) A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (2) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works on the Services are covered by the Notification, a representative list
of such works on the Services; (3) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the complaining party, such as
an address, telephone number, and, if available, an email address at which
the complaining party may be contacted; (5) a statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law; and (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the
Services as a result of a mistake or misidentification, you may submit a
written counter notification to [us/our Designated Copyright Agent] using
the contact information provided below (a "Counter Notification"). To be an
effective Counter Notification under the DMCA, your Counter Notification
must include substantially the following: (1) identification of the material
that has been removed or disabled and the location at which the material
appeared before it was removed or disabled; (2) a statement that you
consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any
judicial district in which we are located; (3) a statement that you will accept
service of process from the party that filed the Notification or the party's
agent; (4) your name, address, and telephone number; (5) a statement
under penalty of perjury that you have a good faith belief that the material
in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and (6) your
physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the Notification
informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question. Please
note that if you materially misrepresent that the disabled or removed
content was removed by mistake or misidentification, you may be liable for
damages, including costs and attorney's fees. Filing a false Counter
Notification constitutes perjury.
Designated Copyright Agent
Ryan Tremblay
Attn: Copyright Agent
555 Mission Rock Street
San Francisco, CA 94158
United States
[email protected]
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain
and support the Services or to supply any corrections, updates, or releases
in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of California applicable
to agreements made and to be entirely performed within the State of
California, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties" and individually, a "Party") shall be commenced
or prosecuted in the state and federal courts located in San Francisco,
California, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms. In no event shall any claim, action, or
proceeding brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose.
19. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Sonauto, Inc.
555 Mission Rock St, San Francisco, CA 94158, USA
SF, CA 94158
United States
[email protected]