1. INTRODUCTION
Welcome as a user of Melisono’s Auwli Software and User App (as defined below)!
The Melisono audio software for Melisono’s Auwli earbuds (the “Auwli Software”) will improve your audio experience when using your Auwli earbuds. The Auwli Software, and the associated user application (the “User App”), are downloaded and installed on your mobile device.
We who provide the Auwli Software and the User App are Melisono AB, company registration no. 559321-7952, with the address Kyrkogatan 17, 222 22 Lund, Sweden, (“Melisono”, “we”, “us”). In Section 19 below, you can find our contact information, if you would like to contact us.
2. DESCRIPTION OF THE AUWLI SOFTWARE AND EARBUDS
After you have purchased your Auwli earbuds you may download the User App and utilize the Auwli Software. You may purchase your Auwli earbuds on the following website: [●].
To use your Auwli earbuds with all features you must download the User App which allows you to register and manage a user account, through which you can activate and access the Auwli Software as further described in Section 5 below. The Auwli Software, which you access through the User App, allows you to conduct a hearing test and set up an individual audio profile that will be accessed by your earbuds when you use them.
The tailor-made audio profile optimizes your earbuds based on your unique hearing and auditory perception. This will give you an improved audio experience when you use your earbuds, for example in phone calls or when listening to music.
3. DESCRIPTION OF THE EULA AND HOW YOU BECOME BOUND BY IT
This End User License Agreement (the “EULA”) regulates your use of the Auwli Software and the User App. Please read the EULA carefully. By downloading and installing the Auwli Software on your mobile device, you agree to be bound by the EULA. If you do not agree to the EULA, you must not download, install, access or use the User App or the Auwli Software.
By downloading and installing the Auwli Software you also confirm that you are above the age of thirteen (13). If you are under the age of sixteen (16), make sure to obtain the permission of your parents or legal guardians before using the User App. If you are uncertain of whether you should download the User App, ask your parents!
4. GRANT OF LICENSE
4.1 Subject to your compliance with the EULA, Melisono hereby grants you, and you hereby accept, a non-exclusive, non-transferable, free of charge, license to download and use the Auwli Software and the User App on your mobile device in accordance with the terms set our herein. Your license does not permit you to distribute, sublicense, rent, lease, or lend the Auwli Software and the User App.
Open-source software components included in the Auwli Software and the User App are governed by the applicable open-source software license terms. The following open-source components are included in the Auwli Software and the User App, information about copyright holder, the applicable license terms and the source code of the open-source software components are available here:
The following processors are used to store and manage data:
- Amazon Web Services (AWS)
- Digital Ocean
Data is shared with the following processors for analytics:
Google (Firebase)
5 CREATION OF USER ACCOUNT AND LOGIN
5.1 You must register a user account to access the User App and the Auwli Software. To register a user account you will be required to provide a valid e-mail address, password and your country of residence. You are responsible for the correctness of the information you provide. The license will commence at the time of registration of your user account.
5.2 You can login to the User App by using the e-mail address and password that you have registered, or through third party services provided by Google, Apple or Meta. Please note that your use of such third-party services is subject to the relevant third-party user terms (i.e. Google, Apple and Meta).
6. RIGHT TO WITHDRAW
You are entitled to withdraw from the license for the User App and Auwli Software within fourteen (14) days from receiving access to the User App and Auwli Software, without any particular reason. Since the license is provided free of charge there will not be any reimbursement of payment. If you want to use the right to withdraw, please delete your user account. If you have any questions, please contact us by using the contact details provided in Section 19.
7 OFFLINE MODE AND LICENSE VERIFICATION
The Auwli Software is available in offline mode, allowing you to use it without an Internet connection. However, to verify the validity of your license, the Auwli Software and the User App require an Internet connection at least once every seven (7) days. This periodic verification ensures that you have an active and valid license for the Auwli Software. If you fail to connect to the Internet within this period, your access to the Auwli Software may be temporarily suspended until a successful verification is performed.
8. DEVICE REQUIREMENTS
You acknowledge and agree that it is your responsibility to ensure that your mobile device and its components are fully functional and meet the necessary requirements in order for the Auwli Software and the User App to work as intended. This includes, but are not limited to, verifying the system specifications, operating system compatibility, hardware requirements, and available storage space.
9. USE RESTRICTIONS
9.1 Your use of the Auwli Software and the User App, and your use of any content provided through them, must at all times be consistent with the EULA.
9.2 The Auwli Software is intended for private use. Any commercial or business use is prohibited, except as described in this Section 9.2.
9.3 You are solely responsible for ensuring that your use of the Auwli Software or the User App does not cause damage or other inconvenience to Melisono, third parties and any other users.
You may not:
• disrupt or take measures to attempt to disrupt the operation of the User App or the Auwli Software;
• reverse engineer, decompile, disassemble, or attempt to discover or modify in any way the underlying source code of the Auwli Software or the User App for any part thereof, including with no limitation to their object code or source code, except to the extent expressly permitted by the applicable mandatory law;
• copy, reproduce, sell or otherwise exploit the Auwli Software or the User App or any content provided through them;
• transmit or otherwise introduce viruses, worms, trojans or other malicious application or code, or otherwise damage or adversely affect the functionality or availability of the User App or the Auwli Software;
• use the Auwli Software or the User App for any fraudulent or illegal purpose; or
• use the Auwli Software or the User App contrary to the law or to authority regulations or decisions
9.4 Use of the Auwli Software or the User App in violation of the EULA may be reported to authorities or supervisory bodies.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Auwli Software and the User App, including their underlying technology and including any content provided through them, are protected by copyright and other intellectual property rights belonging to Melisono, our affiliates, or third parties.
10.2 Nothing in the EULA shall be interpreted, or understood, as Melisono, our affiliates, or third parties granting any such intellectual property rights to you as a user, other than as necessary to use the Auwli Software and the User App in accordance with the EULA. The Auwli Software is licensed, it is not sold or transferred to you.
11. PROCESSING OF YOUR PERSONAL DATA
Melisono collects personal data about you when you create download the User App, create a user account or use the User App and the Auwli Software. Our Privacy Notice, available in the installation package and on our website, contains information regarding how we process your personal data and what rights you have in connection therewith.
12. SUPPORT AND MAINTENANCE SERVICES
You have access to Melisono’s user support via our website.
12.1 Melisono will make available updates and upgrades of the Auwli Software and the User App, including software corrections, enhancements and upgrades, if and when Melisono decides to make them available as part of its maintenance services. The User App will inform you when updates and upgrades are available.
12.2 Melisono does not have any obligation to perform updates or upgrades, and the availability of updates or upgrades is solely at Melisono’s discretion.
12.3 Updates and upgrades will be subject to the EULA, unless the updates or upgrades are expressly provided to you under other, or additional, terms and conditions, in which case such terms apply.
13. CHANGES TO THE AUWLI SOFTWARE, THE USER APP AND THE EULA
13.1 Melisono reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Auwli Software or the User App (or any part thereof) without notice, at any time.
13.2 In the event of a permanent discontinuation of the User App or the Auwli Software, Melisono will, unless prohibited by applicable law, inform you hereof not later than thirty (30) days prior to such discontinuation.
13.3 Melisono reserves the right to change the EULA. Melisono will communicate any changes to you via the User App no later than thirty (30) days before the changes take effect. If the change is such that it has a material effect on your opportunity to use the Auwli Software, you may cancel your subscription by written notice to Melisono within ten (10) days after Melisono gave notice of the change.
Melisono further reserves the right to introduce a subscription fee for the continued use of User App and/or the Auwli Software. Should we add a subscription fee, you will be notified no later than 30 days in advanced via the e-mail you have provided and through notifications in the User App. You will not be charged without your explicit consent. If you do not consent to the subscription fee the User App and/or Auwli Software may become unavailable to you without further notice.
14. DISCLAIMER AND LIMITATION OF LIABILITY
To the fullest extent legally permissible, the Auwli Software and the User App are provided on an “as is” and “as available” basis. Melisono does not guarantee that the Auwli Software and the User App are free from errors and defects and is not obligated to update the Auwli Software or the User App e.g., with corrections or new features.
The sound calibration feature included in the Auwli Software is for audio personalization and acoustic compensation only, to enhance your listening experience based on your unique hearing and auditory perception. It is not intended for medical use, to diagnose, treat, mitigate, cure, or prevent any disease or condition, including hearing loss. It is not a substitute for professional medical advice or a hearing examination by a qualified healthcare professional. Consult a doctor if you have concerns about your hearing.
14.1 Melisono disclaims all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade.
14.2 As a user of the User App or the Auwli Software, you acknowledge and accept that the Auwli Software or the User App may from time to time be unavailable for example due to planned or unplanned downtime for maintenance and updates.
14.3 To the maximum extent legally permissible, in no event will Melisono be liable for any damages whatsoever including, but not limited to, direct or indirect damages of any kind (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the User App or the Auwli Software, your use or inability to use the Auwli Software or the User App for failure of the Auwli Software or the User App to perform as represented or expected.
15. TERM, TERMINATION AND SUSPENSION OF ACCOUNTS
This EULA enters into force upon your acceptance of the EULA by registering a user account in accordance with Section 5, and remains in force until your user account is terminated by you or Melisono. You have the right to terminate your account at any time.
15.1 Melisono has the right, at its sole secretion, to terminate your account or to temporarily or permanently suspend or limit your access to and use of the Auwli Software (i) in the event of a suspected or actual security incident or technical problem or (ii) if you violate the EULA, laws, regulations, or if you otherwise abuse the User App or the Auwli Software.
15.2 If your account is terminated, you may lose your user data (if any) and/or the functions/capabilities of the Auwli Software. Melisono does not accept any liability for such loss.
16. MISCELLANEOUS
16.1 The EULA constitutes the entire terms and conditions between you and Melisono relating to the Auwli Software and the User App and supersedes any and all prior written or oral agreements or understandings between you and Melisono.
16.2 Melisono has the right, fully or partly, to transfer its rights and obligations to third parties under the EULA. You have no right to transfer your rights and obligations under the EULA, unless you have our written consent to do so.
17. COMPLAINTS
17.1 Our mission is to provide you with an excellent experience while using the User App or the Auwli Software. However, in the event that you encounter any issues or have a complaint regarding the Auwli Software or the User App, please notify us in writing by sending an email to our e-mail address above. Please provide a detailed description of the complaint, including any relevant information.
If we are unable to reach a satisfactory resolution to your complaint, you have the option to escalate the matter to the Allmänna reklamationsnämnden (ARN) (www.arn.se), which is the Swedish National Board for Consumer Complaints. ARN’s contact details and procedures can be found on their official website.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
Swedish law applies to the EULA and disputes arising in connection with the EULA shall be settled by the Swedish general court, unless otherwise provided by mandatory law.
19. CONTACT INFORMATION
If you have any complaints or wish to contact us regarding the Auwli Software, User App or the EULA, please use the following contact details or use the support on our website:
Email: info@melisono.com
Phone: +46708 27 80 86
Address: Melisono AB
Kyrkogatan 17
222 22 Lund, Sweden