Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING IHYP. THE USAGE OF IHYP INDICATES THAT YOU HAVE AGREED TO THE TERMS OF THIS AGREEMENT, AND YOU ACCEPT THAT YOU ARE BOUND TO THEM.

Welcome to the I Hear Your Pain application (“IHYP”). IHYP is intended to act as a tool to support individuals in assessing, tracking and communicating their feelings. The application allows the identification of sounds that match feelings so that this information can be shared, tracked and compared.

These Terms of Use apply to the use of IHYP. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.

Definitions

“App” means the I Hear Your Pain software application for mobile phones and tablet computers.
“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.
“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.
“We”, “our” and “us” means Juggling Solutions Pty Ltd, I Hear Your Pain and includes all employees, directors and contractors from time to time.
“You” means each of the end user, subscriber or Advertiser (as relevant).

Agreement

These Terms of Use (this “Agreement”) constitute a legal agreement between you and Juggling Solutions Pty Ltd (“us” or “we”) governing the use of IHYP.

We license use of IHYP to you on the basis of this Agreement. We do not sell IHYP to you and we remain the owner of IHYP and associated intellectual property at all times.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF OUR APPLICATION TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR USE IHYP.

You should print a copy of this Agreement for future reference.

Provisions

The provisions set out in this Agreement govern your access to and your use of IHYP and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use IHYP.

Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use IHYP on the terms of this Agreement.

During the term of this Agreement, you are granted a non-exclusive, non-transferable, non-sub-licensible, revocable and limited right to access and use IHYP solely for purposes of your personal use in accordance with the terms of this Agreement. IHYP is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of IHYP. You will not copy, reproduce, alter, create derivative works from, or otherwise modify IHYP. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of IHYP and associated websites except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to IHYP or associated Websites is granted to you, and all such licenses and rights are hereby expressly reserved.

By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using IHYP, you confirm that:

You reside in Australia;
you have read the terms set out in this Agreement and agree to be bound by and comply with them;
you are 18 years old and above. We may ask for proof of age before you can register for an account with us. If we learn that any account has been created directly by a minor under 18 years of age, we may terminate or suspend access to that account.
any account used by a minor under the age of 18 years, must be created by a parent or guardian. In these circumstances the agreement is made between us and that parent or guardian, and any usage of our services by that minor is considered the responsibility of that parent or guardian.
you are not associated with a company providing similar or related services and meet all the foregoing eligibility requirements.

IF YOU DO NOT MEET ALL THESE REQUIREMENTS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE IHYP.

You are not licenced to use IHYP for the purposes of conducting a clinical trial. You are not licenced to use IHYP as a participant in a clinical trial and you are not permitted to use IHYP to take readings that will be used in a clinical trial or provided to researchers or others associated with a clinical trial.

You are not licenced to use IHYP to take readings from another individual. The licence is for your exclusive personal use.

Access

We reserve the right to, without any notice, explanation or liability and in our sole discretion, suspend or refuse access to IHYP or your account at any time, or remove or edit content (including readings and diagnosis information) on IHYP or on any of our associated websites (including social media pages).

We reserve the right to change, expand, modify, suspend or discontinue any portion of IHYP or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

The following additional terms also apply to your use of IHYP and form part of this Agreement:

We reserve the right to introduce, withdraw or amend IHYP or associated websites, or any content, material, product offering, in our sole discretion without notice. We will not be liable if for any reason all or any part of IHYP is unavailable at any time or for any period. From time to time, we may restrict access to some parts of IHYP to users.

Confidentiality
To access IHYP or some of its resources, you may be asked to provide certain registration details or other information. If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to IHYP using your username, password, or other security information — not even to another person associated with your business. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your IHYP account.

Intellectual Property Rights
IHYP and its entire contents, features, and functionality (including but not limited to all information, software, specific frequencies, waveforms and volumes played by the app, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Juggling Solutions or David Danks or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a limited, personal, non-exclusive, and non-transferable license to access and use IHYP only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible or created using IHYP, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may download the application to your mobile device(s) solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You may communicate the readings you have entered into the application with others

Reliance on Information
The information presented on or through IHYP is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of IHYP, or by anyone who may be informed of any of its contents or readings facilitated by it. IHYP is under no circumstances intended to make a diagnosis or suggest treatment options for any health condition. For a proper diagnosis of your medical condition and the treatment that may stem from such a diagnosis, consult a doctor or health care professional.

Prohibited Uses
You may use IHYP only for lawful purposes and in accordance with these Terms of Service. You agree not to use IHYP:

In any way that competes with our business.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia, the US or other countries)
For commercial purposes
To take readings that will be used in a clinical trial
As a participant in a clinical trial
To analyse the frequencies and/or volumes that are generated by IHYP
To reverse engineer the operation of IHYP
To assess another person’s feelings or pain

Updates to the Terms
We may revise and update this Agreement and the Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of IHYP thereafter. Your continued use of IHYP following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. This agreement applies to any future versions of IHYP that you access.

Geographic Restrictions
We provide IHYP for use only by persons located in Australia. We make no claims that IHYP or any of its content is accessible or appropriate outside of Australia. Access to IHYP may not be legal by certain persons or in certain countries. You are not permitted to access IHYP from outside Australia.

Non-Confidential Information
Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the App, Websites or by anu other means, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Subscriptions
You must register and pay your subscription fee in advance in order to access our App services. The fee may be automatically renewed unless you or we cancel the subscription in accordance with the below Cancellation terms or you change the in-App settings to prevent and stop the auto-renew function.

Subscription Cancellation
You are solely responsible for cancelling your subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your subscription, all of your content, material and links will be deleted.

Subscription Termination
We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.

Subscription Refunds
There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

How to deactivate your IHYP Account
You can deactivate your IHYP account by contacting support@ihearyourpain.com from your user’s email address and requesting that your account be de-activated. When you do, data that can identify you will be removed from the IHYP system. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. We may continue to use your de-identified information after you deactivate your account. De-identified information is fully anonymised and there will be absolutely no way to trace any of this information to your personal identifiable information.

Liability
Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis. By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems. In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Privacy
Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your personal information. Our Privacy policy can be found here: https://ihearyourpain.com/privacypolicy

Professional Disclaimer

The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED IN IHYP OR ASSOCIATED WEBSITES IS SOLELY AT YOUR OWN RISK.

Governing Law
These Terms of Use are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms of Use.

Questions about the Terms of Use
Please send any comment, question or complaint regarding our Terms of Use or any request to access or correct your Personal Information by mail or email using the following email address: support@ihearyourpain.