BY USING THIS APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THIS APPLICATION, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THIS APPLICATION. ANY CONTINUED USE OF THIS APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS APPLICATION.
This document governs your use of the software application Sans Hands (“Application”) for mobile devices that was created by Beacon Apps, LLC ("Company"/"we"/"us"). The Application provides you ("User"/"you") a hands-free way to answer and place phone calls and reply to and send text messages using voice commands. The Application is accessible from its own activity, its widget on your home screen, and its notification (when turned on).
1. Intellectual Property Rights
The Application and its original content, features, functionality, and associated graphics are owned by Beacon Apps, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to attempt to reverse engineer, translate, create derivative works from, or obtain source code for the Application in anyway unless given permission in writing by the Company. If you believe that your intellectual property rights have been infringed upon by us, please contact us at firstname.lastname@example.org.
2. Data and Privacy
We may terminate your access to the application, without cause or notice, which may result in the forfeiture and destruction of your backed up data and license information. If your access is terminated while you own an active license, you will not be refunded, but future scheduled payments will be canceled. All provisions of this Agreement that, by their nature, should survive termination shall survive termination.
4. Licensing and Payment
You may use the Application unrestricted during a one-time 30-day free trial. The free trial will begin the first time the Application is opened. You are restricted to one free trial and uninstalling and then reinstalling the Application will not affect the expiration of your nor start a new free trial. Once the free trial has expired, you must purchase a license to continue using the Application. Users selected by Beacon Apps, LLC who are deemed to be necessary for testing or otherwise maintaining the Application will be exempt from requiring a license.
License options will be displayed in the Application. All transactions are handled by Google Wallet In-App Billing and the Application will not collect payment information. No refunds will be issued. Users who purchase an automatically renewing license may cancel their subscription at any time in Google Play. A recurring license which has been cancelled will remain active until its expiration date.
5. Use of Speech Software
Sans Hands uses your mobile device's default speech recognition and speech synthesis software. We are not responsible for the correctness or maintenance of this software. We are also not responsible for this software's output or reliability, including, but not limited to, incorrect results, performance in noisy environments, and utterance and censoring of obscenities. This includes content provided by the Application, content sent to you by third parties and announced by the Application, and content sent to third parties using the Application.
6. Use of Internet and Cellular Network
a. Sans Hands directly communicates with a third party server for the purpose of validating free trials and licenses and for data backup. In addition, the Application uses services which may require use of internet to function, including, but not limited to speech software, Google Wallet In-App Billing, and analytics software. You understand and accept that the Application may use your cellular network's data if Wi-Fi is not available and that this may incur fees from your cellular network provider. We are not responsible for the incursion or payment of these fees.
b. Sans Hands receives and sends text messages (SMS). Standard cellular network messaging rates may apply to these messages. We are not responsible for any and all messages received or sent by your mobile device nor are we responsible for the incursion or payment of the associated fees. In addition, you understand and accept that you are solely responsible for any and all text messages (SMS) sent from your mobile device.
7. Correctness of Product
Sans Hands is an ongoing product and is susceptible to bugs and other imperfections. The Company makes no promises that it will fix or attempt to fix any bugs or other imperfections. You may send bug and crash reports to email@example.com.
You agree to hold harmless the Company, its affiliates, and their respective officers and employees from any and all legal proceedings and any and all losses, liabilities, damages, and expenses incurred from your use of the Application, including downloading, installing, uninstalling, and using the application, or your violation of this Agreement.
9. DISCLAIMER OF WARRANTIES
WE PROVIDE THIS APPLICATION AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE COMPANY DOES NOT MAKE ANY PROMISES ABOUT THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ITS CONTENT, FUNCTIONS, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK.
THIS APPLICATION IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. EXERCISE EXTREME CAUTION WHEN USING THE APPLICATION WHILE OPERATING ANY VEHICLE OR MACHINERY. ANY ON-SCREEN CONTENT PROVIDED BY THE APPLICATION IS NOT INTENDED FOR USE WHILE OPERATING ANY OF THE ABOVE.
10. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, LIABILITY, INJURY, OR DEATH THAT MAY OCCUR DURING OR BECAUSE OF YOUR USE OF THE APPLICATION, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY HAS BEEN MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH OCCURRING.
11. Choice of Forum
This Agreement shall be governed in all respects by the laws of the state of Colorado and any dispute not settled by private negotiation or by mediation shall be finally resolved by a court located in El Paso County, Colorado.
12. Notification of Changes
b. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such. All rights and provisions will still be available to the Company at any time.
14. Date Effective
This document is effective as of 17 September, 2015.