Welcome to our website, www.sonalabs.com (the “Site”), which is operated by Sona Labs LLC (“Sona Labs,” “we,” “us,” “our”). Please read these Terms and Conditions (the “Terms”) and our carefully because they - along with other posted policies, rules, and guidelines - govern your use of and interaction with our Site, products, services, and our communications with you. To make these Terms easier to read, we use the word “Services” here to collectively describe and encompass our Site, software, products, services, and our communications with you. These Terms govern your access to and use of our Services, whether as a guest, visitor, registered user, or account holder, as applicable. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, you must not use the Services and are prohibited from doing so.
Important Notice Regarding Arbitration
When you agree to these Terms, by registering for an account or by using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Sona Labs through binding individual arbitration rather than in court. Please carefully review the section entitled “Dispute Resolution” for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so.
Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, we’ll let you know either by posting the updated Terms on our Site or through other communications. It’s important that you review the Terms whenever we update them or when you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Sona Labs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Sona Labs reserves the right to modify, revise, or remove the Services we provide, including the Site, at Sona Labs' sole discretion without notice. Sona Labs may restrict access to some parts of the Site, or other Services. Sona Labs will not be liable for any outages to the Site or other Services that may occur, for whatever reason.
Subject to your compliance with the Terms, Sona Labs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device; and (ii) access and use any Content (as defined herein), information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Sona Labs.
Your Representations, Warranties, and Covenants
By using the Services, you expressly represent and warrant that your use of the Services is solely for your personal use. When using the Services, you agree to comply with all applicable laws. By using the Services, you agree, represent, and warrant that:
You are eligible to use the Services, based on the requirements outline in the section entitled “Who May Use the Services”;
You will only use the Services for lawful purposes, using only authorized means; you will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes;
You will not use the Services, or any Content accessible through the Services, for any commercial purpose, including but not limited to competing with Sona Labs services;
You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any Content displayed through the Services except for your personal, noncommercial use;
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services;
You will only use the Services for your own use and will not resell the Services to a third party; and
You will not conduct any systematic retrieval of data or other Content from the Services, and you will not copy any Content displayed through the Services, including but not limited to publication or republication in any format or media.
General Prohibitions and Sona Labs' Enforcement Rights
You agree not to do any of the following:
use, display, mirror or frame the Services or any individual element within the Services, Sona Labs' name, any Sona Labs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sona Labs' express written consent;
use the Services in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws regarding related to the export of data or software to and from the US or other countries;
access, tamper with, or use non-public areas of the Services, Sona Labs' computer systems, or the technical delivery systems of Sona Labs' providers;
impersonate or attempt to impersonate Sona Labs, a Sona Labs employee, contractor or agent, another user, or any other person or entity;
attempt to probe, scan or test the vulnerability of any Sona Labs system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sona Labs or any of Sona Labs' providers or any other third party (including another user) to protect the Services;
use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site;
attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Site, or any server, computer or database connected to the Site;
attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover, within any Service, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service;
collect or store any personally identifiable information from the Services; and/or
encourage or enable any other individual to do any of the foregoing.
The following disclaimers are made on behalf of Sona Labs, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
You agree to indemnify, protect and hold Sona Labs and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Sona Labs or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services. Sona Labs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sona Labs in asserting any available defenses.
NEITHER SONA LABS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SONA LABS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SONA LABS' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SONA LABS AND YOU.
Telecommunications Consent
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Sona Labs or anyone calling on its behalf, you expressly consent to be contacted by Sona Labs and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Sona Labs, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) you have provided to Sona Labs, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your Account or use of the Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your correct and current contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.
Unless you have agreed to a separate services agreement with Sona Labs, these Terms constitute the entire and exclusive understanding and agreement between Sona Labs and you regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sona Labs and you regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect - except as described in subsection (vii) of the Dispute Resolution Section. You may not assign or transfer these Terms, by operation of law or otherwise, without Sona Labs' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will have no legal effect. Sona Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Sona Labs is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. Sona Labs encourages all qualified applicants to apply.