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Sohnne Terms of Use
Last Updated: December 13, 2024
Sohnne Warranty Policy
1. Terms of use
These Terms of Use (“Terms”) are an agreement between you (including any company or entity you represent, if applicable) (“you”) and Sohnne Inc., a corporation with a registered address at 1301 Folsom St, San Francisco, CA 94103 (“Sohnne,” “we,” or “us”). These Terms govern your access to and use of our websites, APIs, email notifications, buttons, widgets, and any related services (“Services”), as well as any content, text, images, graphics, or materials made available through the Services (“Content”). By using our Services or clicking to accept these Terms, you agree to be bound by them. Please read these Terms carefully as they outline important legal rights and responsibilities.
2. Additional Terms
Your use of our Services is also governed by our Privacy Policy, which explains how we process personal data collected from you or provided by you. Additionally, by using our Services, you consent to receiving communications from us, including administrative messages and service notifications.
3. About Us
Your use of our Services is also governed by our Privacy Policy, which explains how we process personal data collected from you or provided by you. Additionally, by using our Services, you consent to receiving communications from us, including administrative messages and service notifications.
4. Changes To Our Services
We are continually evolving and improving our Services, which means their nature and features may change without prior notice. We reserve the right to modify, suspend, or discontinue the Services (or specific features within them) at any time and without obligation to provide prior notice. We may also impose limits on certain features or functionalities.
5. Accesing Our Services
- 5.1 Our Services are offered free of charge unless specified otherwise.
- 5.2 We do not guarantee uninterrupted access to the Services and may withdraw or alter them without notice. Sohnne will not be held liable for any temporary or permanent unavailability of the Services.
- 5.3 You are responsible for ensuring that you have all necessary arrangements in place to access the Services.
- 5.4 If others access our Services via your internet connection, it is your responsibility to ensure they are aware of and comply with these Terms and other applicable terms and conditions.
6. Right To Use The Services
Subject to these Terms, Sohnne grants you a limited, personal, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable license to access and use the Services. This license is provided solely for your use and enjoyment of the Services as intended under these Terms.
7. Intellectual Property Rights
- 7.1 All intellectual property rights related to the Services belong to Sohnne or have been licensed to Sohnne for lawful use. These rights are protected under applicable laws, and no implied licenses are granted under these Terms. You may not reproduce, distribute, modify, or create derivative works of the Services without prior written consent.
- 7.2 To use the Services, you may be required to provide accurate and complete registration information. Sohnne reserves the right to disable any user account or identifier at its sole discretion if it determines a violation of these Terms has occurred.
- 7.3 By providing feedback, suggestions, or other communications about the Services (“Feedback”), you grant Sohnne the right to use, disclose, and modify such Feedback without any obligation to compensate you. You waive all claims related to the use of your Feedback by Sohnne.
8. User Content And Rights
- 8.1 Any content you submit, post, or display on the Services (“Your Content”) remains your property. However, by providing Your Content, you grant Sohnne a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, modify, and publicly display Your Content in connection with operating and improving the Services. You represent and warrant that you either own all of Your Content or otherwise have all rights necessary to grant the rights in these Terms of Use and that use of Your Content by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Services any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.
- 8.2 You represent and warrant that Your Content is not confidential, does not violate any laws or third-party rights, and you possess the necessary rights to grant the licenses described in these Terms.
- 8.3 Sohnne reserves the right to modify or adapt Your Content as necessary to distribute it across various media and devices or to comply with technical requirements.
- 8.4 If your Content is claimed to infringe another party’s rights, Sohnne reserves the right to disclose your identity to the claimant or take other lawful actions.
9. Limitation Of Liability And Warranties
Please read this section carefully since it limits the liability of Sohnne Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Sohnne Inc.”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. We do not accept any responsibility whatsoever in respect of such information.
- 9.1 The Services are provided “as is” and “as available.” Sohnne disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.
- 9.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ENTITIES OF SOHNNE INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE ENTITIES OF CASTLERY INC. TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE SERVICES OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S. DOLLARS.
- 9.3 Sohnne does not guarantee:
- a. the accuracy or completeness of information provided through the Services;
- b. the Services will be secure, uninterrupted, or error-free.
- c. that defects will be corrected;
- d. that the Services are free of harmful components like viruses; or
- e. use of the Services will achieve any particular result.
- 9.4 You will exercise and rely solely on your own skill and judgement on using, interpreting and comprehending the information when using the Services.
- 9.5 You agree to use the Services at your own risk and are solely responsible for compliance with applicable laws.
- 9.6 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, you are advised to contact us at help.us@sohnne.com. No lack of response shall be deemed to constitute any acquiescence or waiver.
- 9.7 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
10. Content On The Services
- 10.1 Content shared by other users on the Services does not reflect Sohnne’s views or values. Sohnne reserves the right to remove any user-generated content it deems inappropriate or non-compliant with these Terms.
- 10.2 Sohnne does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any content posted by users or third parties. By using the Services, you acknowledge that you may encounter content that is offensive, inaccurate, or otherwise objectionable.
- 10.3 Sohnne, under any circumstances, is not liable for any user-generated content or actions resulting from the use of such content. You are solely responsible for your reliance on such materials.
11. Content Copyright Policy
- 11.1 Sohnne respects intellectual property rights and complies with copyright laws. If you believe your work has been copied or used in a manner constituting copyright infringement, you may notify Sohnne by providing:(a) Your contact information, including name and email address;(b) Identification of the copyrighted work allegedly infringed;(c) The location of the infringing material on the Services;(d) A statement of your good faith belief that the use is unauthorized; and(e) A declaration under penalty of perjury that the information provided is accurate and you are authorized to act on behalf of the copyright owner.
- 11.2 Sohnne reserves the rights to remove or disable access to content that infringes upon intellectual property rights without prior notice and reserves the right to terminate repeat offenders.
12. Use Of The Services
- 12.1 Sohnne reserves the right to remove, block, or refuse to distribute any content, suspend user accounts, and monitor usage of the Services for compliance with these Terms.
- 12.2 We cannot provide assurances that our Services will be secure or devoid of bugs or viruses. The responsibility for the configuration of your information technology, computer programs, and platform to facilitate access to our site rests with you. Using your own antivirus software is advised.
- 12.3 The following actions are prohibited when using the Services:
- a. Accessing non-public areas of the Services without authorization;
- b. Interfering with the security or functionality of the Services;
- c. Using automated tools to extract data (e.g., scraping);
- d. Uploading malicious software or harmful content; and
- e. Engaging in any activity that disrupts or burdens the Services.
- 12.4 Violations of these Terms may result in immediate suspension or termination of your access to the Services. Sohnne may cooperate with law enforcement authorities to address breaches.
13. Linking To Our Services
You may link to Sohnne’s website as long as it is done in a legal and fair manner that does not harm Sohnne’s reputation or suggest unauthorized endorsement. Links from websites not owned by you are prohibited. Sohnne reserves the right to withdraw linking permission without notice.
14. Third-Party Links And Resources
- 14.1 The Services may contain links to third-party websites, plugins, or resources (“Third-Party Components”). These are provided for your convenience, and Sohnne does not control or endorse their content or functionality. We have no control over the contents of the Third Party Components, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD-PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD-PARTY COMPONENTS. If you access any such Third-Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third-Party Components.
- 14.2 Sohnne is not liable for any issues arising from your use of Third-Party Components, including their accuracy, security, or availability.
- 14.3 The Services may encompass advertisements, which may be directed towards the Content or information present within the Services, inquiries conducted through the Services, or other relevant information. The nature and scope of promotional activities conducted by Sohnne Inc. on the Services may be modified at any time. In exchange for the access and use of the Services provided to you, you hereby consent to the placement of advertising by Sohnne Inc. and its third-party providers and partners on the Services or in relation to the display of Content or information from the Services, regardless of whether such Content or information is submitted by you or by others.
- 14.4 The inclusion of advertisements or links on the Services does not constitute endorsement by Sohnne. Any reliance on third-party materials is at your sole discretion and risk.
15. Indemnity
You agree to defend, indemnify, and hold Sohnne, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with:(a) Your breach of these Terms of Use;(b) Your Content or feedback provided to Sohnne;(c) Your use of the Services, including any content you submit or actions you take; and(d) Any violation of applicable laws or third-party rights by you.
Sohnne reserves the right, at its sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Sohnne’s defense of such claims.
16. Severance
The illegality, invalidity, or unenforceability of any provision of these Terms of Use in any jurisdiction shall not impact its legality, validity, or enforceability in any other jurisdiction, nor shall it affect the legality, validity, or enforceability of any other provision herein.
Sohnne reserves the right, at its sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Sohnne’s defense of such claims.
17. Multiple Users
If two or more individuals or entities use the Services under a single account, they agree to be jointly and severally liable for compliance with these Terms of Use.
18. Waiver
No failure or delay by Sohnne to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. Similarly, any partial exercise of such rights or remedies will not prevent Sohnne from fully exercising its rights in the future.
19. Termination
- 19.1 The Terms of use remain in effect until terminated by either you or Sohnne as follows.
- 19.2 You may terminate your agreement with Sohnne at any time by ceasing to use the Services. No formal notice is required.
- 19.3 Sohnne may suspend or terminate your access to the Services at any time, with or without cause, including, but not limited to: (a) Violation of these Terms; (b) Risk of legal exposure to Sohnne; or (c) Discontinuation of the Services for commercial or operational reasons.
- 19.4 Sohnne will make reasonable efforts to notify you of termination via the email associated with your account or at your next login attempt.
- 19.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 4 (Changes to our Services).
20. Arbitration and Governing Law
Any disputes arising from or related to these Terms or the Services will be resolved through final and binding arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will occur on an individual basis, and you expressly waive any right to participate in class actions or consolidated proceedings.
The arbitrator&'s award may be enforced in any court of competent jurisdiction. All arbitration proceedings are confidential, except as required by law. Improper disclosure of confidential information will result in sanctions.
These Terms are governed by the laws of the State of California, excluding its conflict of law principles.
21. Limitation On Time To File Claims
Any claim or cause of action arising from these Terms or your use of the Services must be filed within one (1) year of the incident giving rise to the claim. Failure to do so will result in the permanent bar of such claims.