LOGIQ TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Effective Date: September 1, 2026
Version: terms-2026-09-01
These Terms of Service and End User License Agreement (the “Terms”) form a legally binding agreement between you and Synergistic Research, Inc., a California corporation located at 11208 Young River Avenue, Fountain Valley, California 92708, USA (“Synergistic Research,” “SR,” “we,” “us,” or “our”).
These Terms govern the LogIQ physical hardware, associated firmware, companion mobile and tablet applications, user accounts, cloud synchronization, music analysis and identification, artificial-intelligence features, subscriptions, updates, support materials, and related services.
IMPORTANT NOTICE
YOU OWN THE PHYSICAL HARDWARE YOU PURCHASE. THE APP, FIRMWARE, AND OTHER SOFTWARE ARE LICENSED, NOT SOLD.
Some Product functions operate locally. Other functions require an internet connection, an SR account, SR-operated systems, or third-party services. Connected Services may be interrupted, modified, replaced, or discontinued only as described in these Terms and subject to applicable mandatory consumer law. AI-generated information may be inaccurate, incomplete, or unsuitable for a particular system or preference.
Except where required by applicable law or an express written warranty, modification or discontinuation of a free, ancillary Connected Service does not, by itself, entitle you to return otherwise conforming Hardware or receive a refund, exchange, or compensation.
If SR permanently discontinues a paid subscription before the end of a prepaid period and does not provide a materially equivalent replacement, SR will stop future billing and provide a proportionate refund or credit for the unused prepaid period, subject to applicable law and app-store billing rules.
Nothing in these Terms excludes or limits consumer rights that cannot legally be excluded or limited.
1. Acceptance and Eligibility
1.1 Affirmative Acceptance
You accept these Terms by checking the agreement box and selecting “Agree and Continue,” “Accept,” or a substantially similar control after being provided a conspicuous link to these Terms and being informed that the action signifies agreement. SR will maintain an appropriate record of the account or user, date, time, document version, and acceptance method.
Purchasing Hardware through a dealer or partner does not, by itself, constitute acceptance of these Terms unless the Terms were actually presented and affirmatively accepted during the purchase process. Acceptance may instead occur when the purchaser first activates the App, account, subscription, or Connected Services.
For a material future change, SR will request renewed affirmative acceptance where required by law or reasonably appropriate in light of the change, including changes to recurring billing, materially reduced services, or materially new uses of identifiable personal data.
1.2 Eligibility and Minors
You must have reached the age of legal majority where you live and have legal capacity to enter into these Terms. A parent or legal guardian may establish and manage an account for an eligible minor where permitted by the Product, the Privacy Notice, and applicable law. The Product is not directed to children under 13.
1.3 Consumer and Commercial Use
These Terms are principally intended for consumers and household users. Dealers, distributors, installers, demonstration facilities, and other commercial users may be subject to additional written terms.
2. Definitions
“Hardware”: the physical LogIQ unit and hardware components supplied with it.
“Software”: the App, firmware, object code, interfaces, and related software supplied by or for SR.
“Local Features”: functions identified in the applicable Feature Schedule as capable of operating without communicating with SR’s servers. A Local Feature may still require the App, Bluetooth, a local network, or another clearly disclosed local requirement.
“Connected Services”: features that require or use internet access, an SR account, SR servers, or third-party online systems.
“AI Features”: Connected Services that use machine learning, generative AI, large language models, automated audio recognition, recommendation systems, or similar technologies.
“Feature Schedule”: the versioned pre-sale disclosure that identifies Local Features, Connected Services, subscription requirements, compatibility requirements, and material limitations for the applicable Product version.
“Plan Details”: the price, billing period, included functionality, usage allowances, trial terms, cancellation information, and other conditions displayed immediately before a subscription purchase.
“Third-Party Services”: AI providers, music databases, recognition services, hosting providers, payment processors, app stores, operating systems, network services, and other services not controlled solely by SR.
“Product”: the Hardware, Software, Connected Services, documentation, updates, and related support materials collectively.
3. Hardware Purchase, Ownership, Returns, and Warranty
3.1 Ownership
After full payment, you own the physical Hardware, subject to any lawful financing arrangement, security interest, or condition imposed by the seller. Ownership of Hardware does not transfer ownership of the Software, algorithms, databases, documentation, trademarks, or other intellectual property.
3.2 Seller and Dealer Sales
If you purchase directly from SR, SR is the seller. If you purchase through an authorized dealer, distributor, or other partner, that party may be the seller and may have separate sales, delivery, return, and statutory obligations.
Authorized dealers may explain and demonstrate the Product but may not modify these Terms or promise indefinite availability of a Connected Service unless SR confirms that promise in writing. This provision does not eliminate rights arising from representations that applicable law makes binding on SR or the seller.
3.3 Returns
For purchases from participating Authorized Dealers, SR's published 30-day return policy applies: contact the selling dealer within 30 days, provide proof of purchase, and return the product in like-new condition; shipping costs are the purchaser's responsibility. A direct seller's displayed policy applies to direct purchases. Mandatory withdrawal, cancellation, rejection, conformity, repair, replacement, and refund rights remain unaffected.
3.4 Hardware Warranty
LogIQ Hardware is covered by SR's published five-year limited warranty for the original purchaser, subject to its stated proof-of-purchase, shipping, misuse, modification, and other exclusions. The written warranty and mandatory law control. See https://ftp.synergisticresearch.com/warranty/.
4. Software License and Transfer
4.1 License Grant
Subject to these Terms, SR grants you a limited, personal, non-exclusive, non-sublicensable license to install and use the Software in object-code form with lawfully acquired Hardware for personal or household purposes.
This license may be suspended or terminated only as expressly provided in Section 18. Rights reasonably necessary to use the Local Features transfer with lawful ownership of the Hardware, subject to the recipient’s acceptance of the applicable terms governing the App and Connected Services.
4.2 Hardware Transfer
You may transfer the Hardware to another person. Your account, subscription, saved cloud data, and usage credits do not automatically transfer. Before transfer, remove the Hardware from your account and erase personal data using SR’s published instructions.
4.3 Restrictions
Except where applicable law expressly permits the activity notwithstanding these restrictions, you may not:
- copy, modify, translate, distribute, sell, rent, sublicense, or commercially exploit the Software;
- reverse engineer, decompile, disassemble, or attempt to discover protected source code, algorithms, models, or nonpublic interfaces;
- bypass access, subscription, usage, security, or technical controls;
- remove proprietary notices;
- introduce malware or interfere with the Product or another user;
- use the Software separately from authorized Hardware where it is designed for that Hardware; or
- use the Product to develop or benchmark a competing product without written authorization, except where law provides otherwise.
5. Technical Requirements, Compatibility, and Updates
5.1 Requirements
Some functions require compatible Hardware and a supported mobile or tablet device; a supported operating-system version; Bluetooth, Wi-Fi, a local network, or internet connectivity; an active SR account; current Software versions; device permissions; and, for paid functions, an active subscription or sufficient usage allowance.
You are responsible for internet access, mobile data, compatible network equipment, electricity, compatible third-party equipment, and related charges.
5.2 Compatibility
SR will publish currently supported operating systems and material compatibility requirements. SR does not guarantee indefinite compatibility with every future third-party device, operating system, network product, music service, or audio component.
SR will not intentionally remove material compatibility during a prepaid subscription period without a legitimate technical, security, legal, provider, or operational reason and any notice or remedy required by law.
5.3 Updates
SR may provide App, firmware, security, compatibility, and feature updates. Updates may install automatically where your settings and applicable law permit and may add, modify, or remove functionality.
Where applicable law requires an update to keep the Product secure or in conformity, SR will make the update available for the required period. If you do not install a necessary update after receiving clear notice of the update and the consequences of not installing it, SR may not be responsible for a problem caused solely by that failure, to the extent permitted by law.
6. Support Period
SR's current security-update and Connected Service commitments are described in the LogIQ Connected Services and Security Support Policy at https://logiq.synergisticresearch.com/legal/support-policy.
The initial Support Policy provides:
- security updates for at least five years after the last date on which SR makes the applicable LogIQ model available for sale, or longer where required by law;
- core Connected Services while SR makes the model available for sale and while SR offers an applicable service or subscription for it, subject to any longer period required by law or an express sales commitment and to the change, discontinuation, refund, and mandatory-rights provisions in these Terms; and
- vulnerability reports through service3@synergisticresearch.com and country-specific compliance information.
Nothing in the Support Policy reduces longer rights or obligations imposed by applicable law.
7. Accounts and Security
You must provide accurate account information and keep it current. You are responsible for protecting your password, authentication method, and devices. Notify SR promptly at service3@synergisticresearch.com if you believe an account or Product has been accessed without authorization.
SR may require multifactor authentication or other reasonable security measures. You may not share an account in a way that circumvents household, device, subscription, or usage limits.
8. Local and Connected Operation
8.1 Local Features
Local Features are intended to operate as described in the Feature Schedule applicable when the Hardware was originally sold, subject to compatible Hardware, Software, updates, configuration, ordinary maintenance, and the Hardware warranty.
The Feature Schedule must clearly identify whether a Local Feature requires the App, Bluetooth, a local network, periodic online validation, or another dependency.
8.2 Connected Services
Connected Services depend on systems and circumstances that may be outside SR’s control, including internet or local-network failure, maintenance, security incidents, cloud-hosting outages, provider changes, licensing restrictions, legal requirements, operating-system changes, geographic restrictions, and force-majeure events.
Unless the Plan Details expressly provide a service-level commitment, SR does not promise uninterrupted or error-free Connected Services.
8.3 Geographic Availability
Connected Services, AI providers, music databases, subscription plans, pricing, and functionality may differ by country. Attempting to evade lawful geographic, sanctions, licensing, or technical restrictions may result in suspension.
9. AI, Music Analysis, and Audio Inputs
9.1 AI Disclosure
The AI assistant is an automated AI system. It is not a human representative, licensed professional, or substitute for Product safety instructions. The Product will identify the assistant as AI where required by law.
9.2 Nature of AI Results
AI Features use probabilistic and automated processes. Results may be inaccurate, incomplete, inconsistent, delayed, or unsuitable for a particular audio system, recording, or preference. Music recognition may identify the wrong track or fail to identify a track. You remain responsible for deciding whether and how to apply any suggested setting.
9.3 Prohibited Reliance
Do not rely on AI Features for medical, legal, financial, emergency, electrical-safety, hearing-protection, safety-critical, or other professional decisions.
9.4 Audio and Other Inputs
When you deliberately activate a listening, identification, voice, or analysis function, the App may capture an audio sample, spoken request, music metadata, text prompt, device information, or related data. The App will provide an appropriate visual or audible indication and any permission prompt required by the operating system or applicable law.
Data categories, recipients, purposes, retention periods, training uses, and deletion options are described in the Privacy Notice and, where applicable, the Connected Product Data Notice.
9.5 Your Responsibilities
You must have the rights and permissions needed to provide any audio, text, metadata, or other input. You may not use the Product to secretly intercept or record a private or confidential conversation. Where another person’s voice or personal information may be captured, you are responsible for any notice or consent required by law.
9.6 Providers and Data Uses
SR may use and replace third-party AI, audio-recognition, hosting, and music-information providers for legitimate performance, availability, security, legal, or commercial reasons. A provider change does not authorize a materially different use of identifiable personal data without any notice, consent, or lawful basis required by privacy law.
SR and its providers may process data to operate, secure, troubleshoot, and improve the Product only as disclosed in the applicable Privacy Notice and provider arrangements. SR will not rely solely on a silent or retroactive change to these Terms to authorize a materially new use of identifiable audio or personal data for general-purpose model training.
9.7 AI Usage Allowances
A subscription may include a limited number of AI requests, credits, tokens, minutes, or other usage units. Unless the Plan Details state otherwise, usage units have no cash value, are nontransferable, do not roll over, and expire or reset at the end of the applicable billing cycle.
SR may change usage methodology prospectively. A material reduction affecting an existing paid plan will take effect no earlier than the next renewal after reasonable notice, except where an immediate change is reasonably required for security, abuse prevention, law, or provider availability.
10. Third-Party Services and Content
Third-Party Services may be governed by their own terms and privacy practices. SR does not control and cannot guarantee the continuing availability, accuracy, licensing, or performance of an outside provider.
Music titles, artist information, artwork, credits, and similar data may originate from third parties and may contain errors or be removed. SR may change or discontinue an integration when reasonably necessary, subject to Section 11 and mandatory remedies.
Nothing in these Terms grants you a license to copy, distribute, publicly perform, or otherwise exploit music or third-party content.
11. Changes, Interruptions, and Discontinuation
11.1 Temporary Interruptions
SR may temporarily interrupt Connected Services for maintenance, upgrades, security, capacity, provider failure, legal compliance, or circumstances outside its reasonable control. A brief or occasional interruption does not automatically entitle you to a refund or Hardware return. Mandatory rights and any express service-level commitment remain unaffected.
11.2 Permitted Changes
SR may modify, improve, reorganize, replace, or remove a Connected Feature for a legitimate reason identified in these Terms, including improving performance or security; addressing misuse, defects, or legal requirements; changing an AI, hosting, music-data, or other provider; adapting to operating-system or app-store changes; replacing a feature with a materially equivalent function; responding to low usage or technical infeasibility; or maintaining commercial viability.
SR will not exercise this right arbitrarily or in a manner intended to deprive consumers of the material benefit of a current paid subscription.
For EU/EEA consumers, and where Article 19 of Directive (EU) 2019/770 or corresponding national law applies, a covered modification will be made without additional cost during the current contractual period, will be communicated clearly, and will include any legally required advance notice and right to terminate without charge.
11.3 Notice of Material Adverse Changes
When practicable, SR will provide reasonable advance notice—ordinarily at least 30 days—before permanently discontinuing or materially reducing an important Connected Feature. Advance notice may not be possible where immediate action is required because of security, law, intellectual-property claims, provider termination, emergency conditions, or circumstances outside SR’s reasonable control.
Notice may be provided through account email, the App, a durable electronic communication, or another method required by law.
11.4 Free Ancillary Connected Features
Except where an express written warranty or applicable law provides otherwise, changing or discontinuing a free Connected Feature that is ancillary to the Hardware does not, by itself, entitle you to return otherwise conforming Hardware, exchange the Hardware, recover its purchase price, or receive consequential or expectation damages.
This limitation applies only where the Hardware and its remaining digital elements continue to conform to the contract, applicable law, the Hardware warranty, and material representations made at the time of sale.
11.5 Paid Subscriptions
If SR permanently discontinues a paid Connected Service before the end of a prepaid term and does not provide a materially equivalent replacement, future renewals will be canceled, access will continue through the shutdown date where reasonably possible, and SR will provide a proportionate refund or account credit for the unused prepaid period.
Refund administration may be handled by Apple, Google, the dealer, or another payment provider where that provider processed the transaction.
11.6 Functions Integral to the Hardware
Sections 11.2 through 11.5 do not eliminate a remedy where a discontinued digital service is legally part of the Hardware sales contract; its absence prevents the Hardware from performing a material advertised or agreed function; the Product no longer meets an applicable conformity or consumer-guarantee requirement; SR violated an express support commitment; or applicable law otherwise requires repair, replacement, price reduction, termination, refund, or compensation.
11.7 Service End-of-Life Procedure
For a planned permanent shutdown of an important Connected Service, SR will, where reasonably possible:
- publish a shutdown date and list of affected features;
- explain which Local Features will remain available;
- provide instructions for exporting or deleting applicable user data;
- provide a reasonable transition period;
- identify available replacement or migration options; and
- explain subscription cancellation and refund procedures.
12. Subscriptions, Automatic Renewal, and Payment
12.1 Plan Details
Before purchase, SR will display the material Plan Details, including:
- price and currency;
- billing frequency and renewal term;
- whether the subscription renews automatically;
- the length and conversion terms of any trial or promotion;
- included features and usage allowances;
- material geographic or device restrictions;
- how to cancel; and
- the timing and effect of cancellation.
The Plan Details accepted at checkout form part of these Terms.
12.2 Automatic Renewal and Consent
Unless you cancel before the applicable renewal deadline, an automatically renewing subscription will renew for the period disclosed at checkout, and the payment method on file will be charged the then-applicable price plus taxes.
SR will obtain affirmative consent to recurring billing and provide a retainable acknowledgment, reminders, renewal notices, and consent records as required by applicable law.
12.3 Trials and Promotions
A free or discounted trial may convert to a paid subscription on the disclosed date unless canceled beforehand. SR will provide reminders where required by law. Only one trial may be available per person, household, account, payment method, or Hardware unit unless the offer states otherwise.
12.4 Cancellation
You may cancel an SR-billed subscription through https://logiq.synergisticresearch.com/account (Subscription > Manage Subscription). Cancellation will be available through the same or another method required by applicable law. For subscriptions accepted online, SR will provide an immediately available online cancellation method without obstructive or unnecessary steps.
A subscription purchased through Apple, Google, or another platform must ordinarily be canceled through that platform’s subscription-management tools.
12.5 Effect of User Cancellation
Cancellation ordinarily takes effect at the end of the current paid period unless law or the Plan Details provide otherwise. Except where required by law or stated in the Plan Details, canceling during a paid period does not produce a partial refund for the remaining period, and access may continue through the end of that period.
This rule does not apply to SR’s permanent discontinuation under Section 11.5 or to statutory withdrawal, cancellation, conformity, or refund rights.
12.6 Price Changes
SR may change subscription prices prospectively. SR will provide the notice required by applicable law and, for a material increase, ordinarily at least 30 days’ notice. A price increase will not take effect before the next renewal, and you may cancel before the increased price is charged.
12.7 Failed Payments, Taxes, and Currency
If payment fails, SR may retry payment, request an updated method, suspend paid functionality, or terminate the subscription after any notice or grace period required by law. Prices may exclude sales tax, value-added tax, goods and services tax, import charges, or similar amounts unless stated otherwise. Currency conversion and bank charges may be imposed by your payment provider.
13. Privacy and Connected Product Data
13.1 Privacy Notice
SR’s collection and use of personal data are described in the LogIQ Privacy Notice at https://logiq.synergisticresearch.com/privacy. Where applicable, SR will also provide a California Notice at Collection, jurisdiction-specific supplements, information about international transfers and providers, and procedures for exercising applicable privacy rights.
Review the Privacy Notice before activating audio capture, cloud synchronization, analytics, or AI Features. Privacy notices do not reduce contractual or statutory rights granted by these Terms or law.
13.2 Connected Product Data Notice
For connected products and related services subject to Regulation (EU) 2023/2854 or similar law, SR or the seller will provide required pre-contract information concerning data generated by the Product, including applicable data types, formats, estimated volumes, generation frequency, storage, retention, access, retrieval, erasure, and permitted uses.
The applicable Connected Product Data Notice is available at https://logiq.synergisticresearch.com/legal/connected-product-data.
14. User Content
“User Content” means text, audio, settings, scene names, prompts, feedback, or other material you submit. You retain ownership of your User Content.
You grant SR and its service providers a limited, worldwide license to host, copy, transmit, transform, analyze, and otherwise process User Content only as reasonably necessary to provide requested functionality, maintain and secure the Product, troubleshoot problems, comply with law, enforce these Terms, and perform other uses disclosed in the Privacy Notice with any consent required by law.
This license ends when the relevant data is deleted from active systems, subject to reasonable backup retention, legal preservation, security records, and properly deidentified information.
15. Acceptable Use
You may not use the Product to:
- violate law or another person’s rights;
- capture private communications without legally required notice or consent;
- upload malware or malicious instructions;
- interfere with servers, networks, accounts, or other users;
- probe or defeat security controls without written authorization;
- impersonate another person;
- submit content you do not have the right to use;
- harass, threaten, or harm another person;
- generate unlawful content;
- automate requests in a way that imposes an unreasonable load;
- resell consumer Connected Services without authorization; or
- circumvent subscriptions, usage limits, or payment requirements.
SR may use reasonable technical measures to prevent fraud, abuse, unlawful use, or security threats.
16. Intellectual Property
SR and its licensors own all rights in the Software, Connected Services, algorithms, interfaces, designs, databases, documentation, trademarks, and other SR-provided content.
Subject to these Terms, you may use Product-generated analyses and recommendations for personal use with your audio system. No ownership interest in SR technology or third-party music content transfers to you.
If you voluntarily provide suggestions or product feedback, you grant SR a perpetual, worldwide, royalty-free right to use that feedback without identifying you or disclosing confidential personal information.
17. Beta and Experimental Features
A feature identified as beta, preview, experimental, or early access may be incomplete, unstable, or withdrawn. Beta features are provided for evaluation and may not be included in the final Product. To the extent permitted by law, SR may discontinue a free beta feature without compensation.
A paid feature is not treated as a free beta merely because SR labels it experimental after purchase.
18. Suspension and Termination
18.1 Suspension by SR
SR may suspend an account or Connected Service where reasonably necessary because of nonpayment; a material or repeated violation of these Terms; fraud or unauthorized access; a security or safety threat; unlawful use; excessive technical interference; or a legal requirement. Where appropriate, SR will provide notice and an opportunity to cure before termination.
18.2 Termination of Free Services
SR may terminate a free account or free Connected Service for a legitimate operational reason after reasonable notice.
18.3 Paid Services
SR will not terminate an active paid subscription merely for convenience without continuing service through the paid period, providing a materially equivalent replacement, or applying Section 11.5.
18.4 Termination by You
You may stop using the Product and delete your account through https://logiq.synergisticresearch.com/account (Account and Legal > Delete Account). If an SR-billed subscription is still active, including during a remaining paid period after cancellation is scheduled, you must first use Subscription > Manage Subscription and wait until the paid period ends before account deletion becomes available. An app-store subscription must be canceled through that store and does not end merely because a LogIQ account is deleted.
18.5 Effect of Termination
Termination ends your right to use the affected account and Connected Services. It does not transfer ownership of the Hardware; eliminate Local Features that do not require the terminated service; eliminate accrued payment obligations; eliminate rights or liabilities arising before termination; or reduce mandatory consumer or warranty rights.
Sections concerning ownership, intellectual property, disclaimers, liability, governing law, and other provisions that logically survive will remain effective.
19. Support
Product documentation and support information are available at https://logiq.synergisticresearch.com/legal/support-policy. Support may be delivered by SR or an authorized dealer. Unless a paid plan or written warranty promises a particular response time, support-response estimates are targets rather than guarantees.
SR may use diagnostic information with your permission and in accordance with the Privacy Notice.
20. Warranties and Disclaimers
20.1 Mandatory Rights and Hardware Warranty
Nothing in this Section excludes or limits an express written Hardware warranty, statutory warranty or consumer guarantee, a remedy for nonconforming goods or digital services, liability that cannot legally be disclaimed, or any other nonwaivable consumer right.
Hardware warranty coverage is governed by the applicable written Hardware warranty and mandatory law.
20.2 Connected Services
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONNECTED SERVICES, AI FEATURES, THIRD-PARTY INFORMATION, AND BETA FEATURES ARE PROVIDED “AS AVAILABLE.”
SR does not promise that:
- every Connected Service will always be available;
- a third-party provider will continue operating;
- every music lookup will be correct;
- every AI response will be accurate, complete, or suitable;
- a recommendation will produce a particular audible result;
- the Connected Services will be free from every delay, interruption, or error; or
- the Product will be compatible indefinitely with every future third-party product or operating-system version.
20.3 Implied Warranties
Any exclusion of an implied warranty applies only to the extent the warranty may lawfully be excluded. Where an implied warranty cannot be excluded but may be limited in duration, it is limited only to the shortest duration permitted by applicable law and the applicable written warranty.
21. Limitation of Liability
21.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SR NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING FROM THE APP OR CONNECTED SERVICES.
21.2 Connected Services Cap
To the maximum extent permitted by law, SR’s total aggregate liability arising from the App or Connected Services will not exceed the greater of the amount you paid SR for the affected Connected Services during the 12 months before the event giving rise to the claim or US $100.
21.3 Hardware Cap
For a claim relating directly to Hardware, SR’s aggregate contractual liability will not exceed the amount paid for the affected Hardware, except where the written Hardware warranty or applicable law provides a different remedy.
21.4 Exclusions from the Limitations
The exclusions and caps above do not apply to the extent prohibited by law, including where applicable to:
- fraud or fraudulent misrepresentation;
- willful misconduct;
- death or personal injury caused by negligence;
- gross negligence where it cannot be limited;
- violation of nonwaivable consumer rights;
- mandatory product-liability obligations;
- an express written warranty obligation;
- unlawful infringement of intellectual-property rights; or
- privacy or data-security liability that cannot legally be limited.
Some jurisdictions do not permit certain exclusions or caps. In those jurisdictions, the relevant provision applies only to the maximum lawful extent.
22. Limited User Responsibility for Third-Party Claims
To the extent permitted by applicable consumer law, you will be responsible for third-party claims and reasonable costs directly caused by your intentional unlawful use of the Product, your knowing infringement of another person’s rights, or your unlawful recording of another person.
This Section does not require a consumer to indemnify SR for SR’s negligence, Product defect, legal violation, or conduct for which SR is responsible.
23. Export and Sanctions Compliance
You may not export, re-export, transfer, or use the Software or Connected Services in violation of applicable export-control, sanctions, or trade laws. You represent that you are not prohibited from receiving the Product under applicable law.
24. Changes to These Terms
SR may update these Terms to reflect:
- new or changed Product functionality;
- legal or regulatory requirements;
- security practices;
- provider or app-store requirements;
- improved clarity; or
- legitimate operational changes.
For a material change that adversely affects existing users, SR will provide reasonable advance notice and request renewed affirmative acceptance where required by law or appropriate in light of the change.
A material change to subscription price, renewal, included usage, or cancellation will ordinarily apply no earlier than the next renewal. SR will not use a Terms update by itself to authorize a materially new use of identifiable personal data where privacy law requires separate notice, consent, or another lawful basis.
If you reject a required update, you may stop using the affected Connected Services and cancel before the next renewal. Rejecting updated Connected Service terms does not transfer ownership of or automatically disable the Hardware, except where a service or account is technically necessary and that dependency was properly disclosed before purchase.
25. Governing Law and Mandatory Local Rights
Except where mandatory consumer law provides otherwise, these Terms are governed by California law without regard to conflict-of-law principles.
For a U.S. dispute, the parties consent to the state and federal courts located in Orange County, California, except that an eligible claim may be brought in small-claims court.
If you are a consumer outside the United States, this choice of law and forum does not deprive you of mandatory protections or access to courts provided by the law of your habitual residence.
26. Regional Consumer Terms
26.1 European Union and EEA
Nothing in these Terms limits rights under national laws implementing applicable EU consumer-protection legislation. Where required, you retain rights concerning conformity, updates, repair, replacement, price reduction, termination, withdrawal, reimbursement, and modifications to digital services.
A material modification that negatively affects access to or use of a digital service will be supported by a valid contractual reason, communicated as required, and accompanied by any legally required termination right.
26.2 United Kingdom
Nothing in these Terms limits rights under the Consumer Rights Act 2015, Consumer Contracts Regulations 2013, or other mandatory UK law. SR will separately provide applicable connected-product security information, a defined security-support period, and a Statement of Compliance where required.
26.3 Australia
Nothing in these Terms excludes, restricts, or modifies guarantees, remedies, or other rights that cannot be excluded under the Australian Consumer Law. Mandatory Australian Consumer Law remedies prevail over an inconsistent limitation in these Terms.
26.4 Canada and Other Countries
SR may provide a country-specific addendum or translated version. A country-specific addendum controls to the extent necessary to comply with mandatory local law, including applicable French-language requirements for Quebec consumers.
27. Apple App Store Terms
Where you download the App from Apple’s App Store:
- these Terms are between you and SR, not Apple;
- SR, not Apple, is responsible for the App and its support, subject to these Terms;
- Apple has no obligation to provide maintenance or support;
- where the App fails an applicable warranty, you may notify Apple and Apple may refund the App purchase price, if any, as required by its rules;
- Apple is not responsible for other claims concerning the App;
- you must comply with applicable third-party terms, including carrier and App Store terms; and
- Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it.
28. Google Play and Other Platforms
Where a subscription or App is obtained through Google Play or another platform, that platform’s billing, cancellation, restoration, and refund procedures may apply in addition to these Terms. These Terms do not expand or reduce the platform’s legal obligations or your mandatory rights.
29. General Terms
29.1 Entire Agreement
These Terms, the accepted Plan Details, applicable Feature Schedule, written Hardware warranty, regional addenda, and any expressly incorporated document form the agreement concerning the Product. A Privacy Notice describes data practices but does not reduce rights granted by these Terms or law.
29.2 Order of Precedence
If documents conflict, the following order applies unless mandatory law requires otherwise:
- a regional consumer addendum;
- the accepted Plan Details for subscription price and term;
- the applicable written Hardware warranty for warranty coverage;
- the Feature Schedule for the Product version sold; and
- these Terms.
29.3 Assignment and Transfer
You may transfer Hardware as provided in Section 4.2 but may not transfer your account or subscription without SR’s written consent.
SR may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of the relevant business, provided the assignment does not reduce mandatory consumer rights.
29.4 Force Majeure
SR is not responsible for delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, widespread network failure, labor disruption, government action, or major provider outage. This provision does not eliminate a refund, termination, conformity, or other remedy required after a service becomes permanently unavailable.
29.5 Severability and No Waiver
If part of these Terms is unenforceable, it will be limited or severed only to the minimum extent necessary, and the remaining provisions will continue where legally possible. Failure to enforce a provision is not a waiver.
29.6 Electronic Communications
You consent to receive contractual notices electronically where permitted by law. Notices may be delivered through your account email, the App, or another durable electronic medium.
29.7 Language
Translations may be provided for convenience or compliance. Where law permits the parties to select a controlling language, the English version controls. Mandatory local-language requirements prevail.
30. Contact Information
Synergistic Research, Inc.
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Fountain Valley, California 92708 USA
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