Terms of Service
These are terms of service which apply to all users of our platform, service and applications (together “services/Vanido”) (“you”) and Vanido (“we/us/Vanido”). You can also access these terms online at http://vanido.io/terms.html (our “terms”). Our terms describe your obligations and our responsibilities while using our service. To see how we handle your personal data, please see our privacy policy at http://vanido.io/privacy.html.
Operating system requirements: The Vanido application requires Internet access and an iOS device (with iOS 9.0 or later).
We provide you with an application called Vanido. Vanido is an education app that delivers daily singing sessions to train your voice and ear. Each session is personalised according your vocal range and past performance. You can track your real time pitch, review recordings and evaluate your progress.
By using our services, you confirm that you have read and understood these terms and agree to abide by them. You confirm that either you are at least 18 years old or that if you are younger than 18, you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms.
If you do not agree to abide by these terms, you may not use Vanido. In this case, do not download Vanido, or if you already have it installed, please stop using our service.
We may update these terms from time to time. If any changes to the terms are made, the update will be mentioned first in an email update to you.
Vanido provides you with a smartphone application called Vanido with a suite of features consisting of games and tools designed to help you measure and improve your vocal performance. Unless otherwise stated, any further services that may be provided by Vanido are also subject to these terms.
In consideration of you agreeing to abide by these terms and our Privacy Policy, we grant you a non-transferable, non-exclusive licence to download a basic version of Vanido free of charge. Access to additional features, which may be available in the future, including (but not limited to) goals, access to all games, access to advanced statistics, comparisons with other users and early access to new games, you must pay for the premium version of Vanido. When we release these features and have a pricing structure, you shall be informed by email.
We reserve all other rights.
Once you have downloaded Vanido, you will need to register to create an account before you can fully use it. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable.
You agree to not share your account with any third party, to immediately notify Vanido should you suspect any unauthorised use of your account, to provide true, up-to-date and complete information about yourself during registration, and ensure this information remains up-to-date.
In order to provide you with an adequate service, we need access to certain information about you and about your usage of Vanido. See our Privacy Policy at http://vanido.io/privacy.html. By using Vanido, you agree to the terms laid out in our Privacy Policy.
You agree to use Vanido in a proper and lawful manner, and ensure that you do not violate any applicable laws (whether international, national, state or local) or infringe the rights of any third parties.
You agree that you will not use Vanido to maliciously attempt to access or damage the data of other users or third parties, that you will not try to hack or unlawfully distribute or sell the software of Vanido, and that you will not attempt to interfere with any other party’s appropriate use of the service without their permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Vanido.
You understand that Vanido will retain user information and, if obliged to do so by law or otherwise, disclose user information according to the terms set out in the Vanido Privacy Policy.
You understand that should you violate these terms, Vanido may terminate your right to access and use the service at our discretion without warning and without being obliged to provide a refund.
You acknowledge that Vanido may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Vanido’s servers on your behalf. You agree that Vanido has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Vanido reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Vanido reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Vanido may terminate your access and use of the service at its discretion if it has good reason to believe you have breached these terms. In such circumstances you are not entitled to any refund.
Vanido may modify or discontinue, temporarily or permanently, the service (or any part of it) at its discretion. Notice of any such modification or discontinuance shall be emailed to you wherever possible. You agree that Vanido shall not be liable to you or to any third party for any modification or discontinuance of the service.
Vanido (or its licensors) retains all intellectual property rights in its services including without limitation in Vanido, including all software and all other content provided by Vanido.
Subject to the above, Vanido grants you the limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use its software in accordance with these terms and for your non-commercial and personal use.
Your licence to use the Vanido application is restricted to use of the object code of the Vanido application, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such software or any third party content.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Vanido application, in whole or in part, except with Vanido’s explicit permission.
You further agree: (i) to include our copyright notice on all entire and partial copies you make of the application on any medium in accordance with these terms; (ii) not to provide or otherwise make available the Vanido application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (iii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the application or any service.
YOU AGREE THAT USE OF VANIDO IS AT YOUR OWN SOLE RISK, THAT WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR VOICE AND THAT VANIDO IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VANIDO AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING VANIDO, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
WE ONLY SUPPLY THE SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
VANIDO IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND VANIDO IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VANIDO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VANIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL ELEVATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VANIDO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
These terms and the relationship between you and Vanido shall be governed by the laws of India without regard to any conflict of law provisions of any jurisdiction. Both you and Vanido agree to submit to the exclusive jurisdiction of the Indian courts, except that Vanido may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
No person other than you and Vanido shall have any rights under these Terms in relation to your use of our services.
Any failure of Vanido to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and Vanido in respect of your relationship with Vanido (except in respect of Paid Services, which are also governed by the Paid Services Terms). These Terms and Conditions supersede any previous agreements between you and Vanido including any previous version of these Terms of Service.
Questions, comments and requests regarding our terms and conditions are welcomed and should be addressed to [email protected]