ProDio Terms of Service

 

This Terms of Service Agreement (“Agreement”) is between you and ProDio Audio Learning Inc. (“ProDio”) and governs use of the ProDio website and mobile app made available through the Google Play Store (Android) or Apple App Store (iOS).  By registering with ProDio online, or installing the ProDio mobile app, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the ProDio website or mobile app.   

1. Parties to the Agreement: This Agreement is between you and ProDio only, and not Apple Inc. (“Apple”) or Google Inc. (“Google”). Notwithstanding the foregoing, you acknowledge that Apple and Google and their subsidiaries are third party beneficiaries of this Agreement and have the right to enforce this agreement against you. ProDio is solely responsible for the ProDio website and mobile app and all content contained therein.

2. Privacy: ProDio may collect and use limited information about your usage of the ProDio website and mobile app, including certain types of information from and about your device. This information will be held in the strictest confidence by ProDio and ProDio undertakes to take the necessary steps to secure and protect your information.  ProDio may use this information as detailed in the Privacy Policy.

3. Limited License: ProDio grants you a limited, non-exclusive, non-transferable, revocable license to use the ProDio website and mobile app for your personal, non-commercial purposes. You may only use the ProDio website and mobile app on computers or mobile devices that you own or control and as permitted by the Google Play Store or Apple App Store Terms of Service.

4. Age Restrictions: By using the ProDio website and mobile app, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; or (b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the ProDio website and mobile app does not violate any applicable law or regulation. Your access to the ProDio website and mobile app may be terminated without warning if ProDio in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the ProDio website and mobile app, you agree to be bound by this Agreement in respect to your child's use of the ProDio website and mobile app.

5. Warranty: ProDio stands behind the quality of its product, but does not specifically warranty the ProDio website and mobile app to the extent any warranty exists under law that cannot be disclaimed, ProDio, not Apple nor Google, shall be solely responsible for such warranty.

6. Maintenance and Support: ProDio provides necessary customer maintenance and support for the ProDio website and mobile app. To the extent that any maintenance or support is required by applicable law, ProDio, not Apple nor Google, shall be obligated to furnish any such maintenance or support.

7. Product Claims: ProDio is responsible for addressing any claims by you relating to the ProDio website and mobile app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the ProDio website and mobile app fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

8. Third Party Intellectual Property Claims: ProDio shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the ProDio website and mobile app. To the extent ProDio is required to provide indemnification by applicable law, ProDio, not Apple nor Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the ProDio website and mobile app or your use of it infringes any third party intellectual property right.

9. Content: ProDio is the sole copyright owner and has purchased licenses for all content, including but not limited to: fully produced audio courses, graphics, music, video and marketing content on the ProDio website and mobile app. The user may not reproduce, distribute by sharing or sell to anyone any portion of content uploaded to or downloaded from the ProDio website and mobile app. 

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