Term & Condition
Updated on: Wed Apr 2025 09:04 am
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Earwink mobile application (“App”) operated by [Your Company Name] (“we”, “us”, or “our”). By downloading, installing, or using the App, you (“User”, “you”, or “your”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App.
1. Acceptance of Terms
By accessing or using the App, you agree that you have read, understood, and accepted these Terms, including any additional terms, guidelines, or rules that may apply to specific features of the App. Your use of the App constitutes your consent to the collection, use, and sharing of information as described in our Privacy Policy, which is incorporated herein by reference.
2. Description of the App
Earwink is a social networking mobile application designed to let users share 30‑second audio recordings (“winks”) quickly and easily. The App allows you to record, post, and share your winks with other users as well as to interact with content posted by others.
3. User Accounts and Registration
Account Creation: While you may use the App without registering for an account, registering provides additional features such as personalized content and the ability to post, comment, or interact with other users.
Account Responsibility: If you register, you are responsible for maintaining the confidentiality of your account information, including your password, and you agree to notify us immediately of any unauthorized use or breach of your account.
Accuracy of Information: You agree to provide accurate, current, and complete information during registration and keep such information updated.
4. User Content
Ownership: You retain full ownership of all winks, comments, or other content (“User Content”) you create or submit on the App.
License to Use: By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the App and our business.
Responsibility: You acknowledge that you are solely responsible for your User Content. You agree that your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or any applicable laws.
Feedback: Any feedback or suggestions you provide regarding the App is deemed non-confidential and shall become the property of earwink.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Illegal or Unauthorized Use: Using the App for any purpose that is illegal or unauthorized by these Terms or by any applicable laws.
Inappropriate Content: Posting, transmitting, or distributing content that is defamatory, harassing, abusive, hateful, obscene, or otherwise objectionable.
Unauthorized Access: Attempting to gain unauthorized access to any portion of the App, other accounts, or computer systems or networks connected to the App.
Interference: Interfering with or disrupting the operation of the App, servers, or networks.
Commercial Use: Using the App for any commercial purpose without our express written consent.
6. Third-Party Links and Services
The App may include links to third-party websites or services that are not owned or controlled by us. We do not endorse, guarantee, or assume any responsibility for any such third-party content or practices. Your interactions with third-party websites or services are solely between you and the third party, and you agree that we will not be liable for any loss or damage incurred as a result of such interactions.
7. Intellectual Property
Our Content: All content and materials provided on the App (such as text, graphics, logos, images, and software) are the property of earwink or its licensors and are protected by intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works of such content without our express written permission.
User Content License: As noted above, by posting User Content, you grant us the right to use, display, and distribute your content in connection with the App. You retain ownership of your User Content.
8. Disclaimers and Limitation of Liability
“AS IS” Basis: The App is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.
No Guarantee of Results: We make no guarantee regarding the accuracy, reliability, or usefulness of any content posted on the App.
Limitation of Liability: In no event shall earwink, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of or inability to use the App, even if advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless earwink and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your violation of these Terms, your use of the App, or your User Content.
10. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of these Terms. Your continued use of the App after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
11. Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the App will immediately cease, and any data or content associated with your account may be deleted in accordance with our data retention policies.
12. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of United Kingdom, London, without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising out of or related to these Terms or the use of the App shall be resolved primarily through negotiation or mediation. If these methods fail, the dispute shall be submitted to binding arbitration or the appropriate courts within United Kingdom.
13. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and earwink regarding your use of the App and supersede any prior agreements or understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Failure by earwink to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
14. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Email: support@earwink.com