Terms of Use

These Terms of Use (“Terms”, “Terms of Use”, “Agreement”, or “Service Agreement”) govern your relationship with the "DB Meter" (the “Service”) operated by A.SERYKH (hereinafter: “SERYKH“, “us”, “we”, or “our). It is important that you read this carefully because you will be legally bound to these terms.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By downloading the Application from the Apple AppStore or Google Play, and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement.

All rights not expressly granted to You are reserved.

Description

“Service” is a piece of software designed to provide its users with the ability to monitor the level of ambient noise, take into account the level of accumulated noise exposure to the user, pass a hearing test and track hearing changes and configured for Apple and Android mobile devices.

It is used to help you assess the ambient noise level, document the location of the noise and its level, and monitor the resulting noise load in accordance with the norms.

The application contains a set of the ability to save audio and video recordings, export them to various formats.

It's an DB Meter that punishes you for oversleeping by taking your cash.

All software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of “SERYKH“ Any modifications to the Service are also subject to these Terms.

Use License

You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store / Google Play Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

This license will also govern any updates of the Application provided by “SERYKH“ that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

You may not share or make the Application available to third parties (unless to the degree allowed by the Apple/Google Terms and Conditions, and with “SERYKH“ prior written consent) sell, rent, lend, lease or otherwise redistribute the Application.

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with “SERYKH“ prior written consent).

You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store / Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

“SERYKH“ reserves the right to modify the terms and conditions of licensing.

Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

Payment

Service’s subscription is purchased online or via Apple’s iTunes store, or Android’s Google Play store. When you purchase a subscription, you are also subject to the iTunes or Google Play terms of service.

Service’s’s subscription is purchased via an iTunes or Google Play auto-renewing subscription. This means your subscription is automatically renewed at the end of the subscription period.

“SERYKH“, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Free Trial

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by “SERYKH“ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, “SERYKH“ reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Cancellations

You can modify or cancel your subscription at any time from within the application (if purchased online) or by signing in to your iTunes or Google Play on your computer or iOS or Android device and changing the settings.

For more details:

• iOS: http://support.apple.com/kb/HT4098
• Android: https://support.google.com/googleplay/answer/2476088

Refunds

Your payment is managed by Apple via iTunes or Google via Google Play and you will need to contact Apple or Google customer service for refunds, as we are not able to process refunds ourselves.

Termination

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you disable subscription renewal in your iTunes account settings on your device.

Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either “SERYKH“ or our other customers.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of “SERYKH“ and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of “SERYKH“ or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Disclaimer

The materials on “SERYKH“'s website are provided on an 'as is' basis. “SERYKH“ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, “SERYKH“ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Due to the specific needs and health concerns associated with children with hearing loss, we believe that the medical evaluation requirement should continue to be enforced for all prospective hearing aid users younger than 18 years of age.

The DB Meter app is not approved as a medical device or software. Testing results are not a substitute for professional audiology tests and cannot be considered as a basis for diagnosis.

The operation of the Service is not guaranteed on all models of devices.

Limitations

“SERYKH“, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Accuracy of materials

The materials appearing on “SERYKH“'s website or application could include technical, typographical, or photographic errors. “SERYKH“ does not warrant that any of the materials on its website are accurate, complete or current. “SERYKH“ may make changes to the materials contained on its website at any time without notice. However “SERYKH“ does not make any commitment to update the materials.

Applicable Law

These terms and conditions are governed by and construed in accordance with the laws of Estonia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Links

“SERYKH“ has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by “SERYKH“ of the site. Use of any such linked website is at the user's own risk.

Modifications

“SERYKH“ may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using this mobile app.

Contacts

If you have questions about the Terms of Use, Privacy Policy or your experience with any of our sites, please contact us - decibel@aserykh.com