SOUND HSA Terms of Service
SOUND HSA Terms of Service
Last updated: July 7th, 2025
These Terms of Service (“Terms of Service” or “Terms”) are between you and SOUND HSA, Inc., a C corporation (SOUND and its affiliates referred to herein as “SOUND”, “we”, “us”, or “our”), pertaining to your use of SOUND’s applications and services, including but not limited to our website, mobile apps (SOUND for iOS and Android, referred to as the “App(s)” or the “Sound App(s)”), and related features (collectively, the “Services”). These Terms of Service, which incorporate by reference the terms of our Privacy Policy found at https://soundhsa.com/privacy (our “Privacy Policy’) constitute a binding obligation between you and SOUND and govern your use of our Services. The Services are provided by SOUND, including our affiliates, as applicable. By using our Services, you agree to be bound by these Terms of Service, the terms of our Privacy Policy, and any additional provisions and conditions provided to you for your use of Services (referred to as the “Policies”), which may include terms and conditions from third parties. If you don’t agree to all the stated terms, you may not use our Services.
Please read these Terms of Service carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within these Terms of Service. If you do not agree with any part of these Terms of Service or our Privacy Policy, please do not access or continue to use any of the Services or otherwise submit any of your information to us.
This policy was written in English. To the extent a translated version exists and that version conflicts with the English version, the English version controls.
We will periodically revise and update this Agreement and post the updated version to our website at soundhsa.com (the “Site”) and the App(s), as further described in Section 12 (Changes to Agreement or Services). If we make changes to our Terms of Service or Privacy Policy and you continue to use our Services, you are impliedly agreeing to the Terms of Service expressed herein and our Privacy Policy.
If your use of any of our Services is terminated for any reason, then: (a) these Terms of Service will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms of Service will survive such termination.
BY USING SOUND’S SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION, AND AGREE TO BE BOUND IN ALL RESPECTS BY THESE TERMS OF SERVICE.
1. Acceptable Use Policy
1.1 Eligibility for Account Creation. By using our Services, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms of Service. SOUND assumes no responsibility or liability for any misrepresentation of your age.
1.2 Your Account Rights and Responsibilities. When creating an account via SOUND (your “Account”), you will be assigned a cryptographic key pair, consisting of your private key (starting with “nsec”), and your public key (starting with “npub”). Your private key grants you full and exclusive control over your account on the public Nostr network. You are solely responsible for keeping your private key secret and safely stored. SOUND assumes no responsibility or liability for lost or stolen keys. SOUND does not have access to your private key and has no ability to restore it if you lose it, or to help you with retrieval efforts. You have the right to use your Nostr account on third party services by logging in via your private key. If you wish to do so, you may completely abandon using SOUND and continue using your Nostr account on third party services. As a sovereign owner of your Nostr account, you don’t require SOUND’s permission nor cooperation to use your Nostr account as you deem fit.
You shall conduct reasonable actions to prevent any unauthorized use of and/or access to your Account and promptly inform us by emailing us at support@soundhsa.com about such unauthorized use of and/or access. You agree to take responsibility for all activities that occur through your Account with the Services and accept all risks of any authorized or unauthorized access to the Services used (including without limitation use of the Services by any user who accesses the Services with your account credentials), to the maximum extent permitted by law.
You are fully responsible for how you use the Services and for all activities that occur on your Account, whether or not you know about them, including but not limited to the use and protection of private keys, recovery phrases, individual transaction records, channels on the lightning network, passwords, etc.
1.3 Backup; Storage. You shall keep a backup of all credentials, including the nsec (private key) and other sensitive information related to the Services, and shall keep this backup outside of the Services. Please be informed that if you do not maintain a backup outside of the Services, you may lose all data stored in the Services and you will not be able to access the data or assets previously accessed using the Services.
By using the Services, you may, to the extent applicable, save, store, use and/or disclose your data. You are responsible for saving any of Your data. You may save your data to the relay on the nostr network that you choose. You may also elect to store data on multiple relays.
You should ensure that you have the means to restore your data or settings in or another environment at any moment.
1.4 Content ownership. You retain all your ownership rights to the content you create or provide to SOUND (including without limitation, any Health Data or challenge participation data). However, by submitting content to SOUND, you hereby grant SOUND. a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our Services and SOUND’s (and its successors' and affiliates') business.
1.5 Prohibited content. You agree not to use our Services to create, upload, post, send, store, or share any content that is illegal, infringing, fraudulent, harmful, threatening, abusive, hateful, harassing, defamatory, obscene, or invasive of another's privacy. Such content includes, but is not limited to, content that is harmful to minors, pornographic material, violent images, hate speech, discriminatory content, and content that promotes terrorism or other criminal activities.
1.6 Conduct.
From the moment you start using our Services, you shall:
(1) use the Services in accordance with its purpose and these Terms;
(2) refrain from actions that could negatively affect the Services or make any interference in the Services;
(3) refrain from providing and/or uploading any unlawful content to the Site and the Services;
(4) comply with generally applicable laws;
(6) not modify, remove, copy, alter, or otherwise manipulate the security, coding, or any part of the Services in any way unless these Terms states otherwise;
(7) refrain from misusing the Services, including but not limited to engaging in illegal activities, or conducting any activity that disrupts or interferes with the operation of the Services;
(8) You shall refrain from actions which may violate, misappropriate, or infringe the rights of SOUND, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
(9) refrain from any conduct that harasses, intimidates, impersonates, defames, or threatens others, or promotes or incites violence;
(10) refrain from sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
(11) refrain from avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services;
(12) refrain from interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
(13) refrain from seeking to earn sats by any means other than your genuine physical movement meeting the eligibility criteria specified by SOUND from time to time and, in particular, you shall not: (i) simulate any movement using artificial and/or mechanical means, (ii) enlist third parties to earn sats on your behalf;
(14) refrain from encouraging or enabling any other individual to do any of the foregoing.
2. Privacy Notice
Please refer to the "SOUND HSA Privacy Policy", available at https://soundhsa.com/privacy, for information on how we collect, use, and disclose information, including your personal information. You acknowledge and agree that through your use of the Services, you consent to the collection, use, and disclosure of your information as set forth in the Privacy Policy. The terms of the SOUND HSA Privacy Policy are incorporated by reference into these Terms of Service.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Services
3.1 Description of Services.
As of the date of these Terms of Service, SOUND provides you with the Services listed below:
(a)Account Creation. Using our Services requires creating an Account. You can find additional information about account creation in Section 1.2 of these Terms. You can create your Account through the SOUND App. When creating your Account via SOUND, you will be assigned a cryptographic key pair, consisting of your private key (starting with “nsec”), and your public key (starting with “npub”). Your private key grants you full and exclusive control over your account on the public Nostr network.
You may only create an Account if you are an individual - the SOUND App is intended only for individuals, not entities. If you are an individual, you must (i) not be located in, or under the control of, any sanctioned or embargoed jurisdiction or a jurisdiction where our Services are restricted; and (ii) not be on U.S. or international sanctions lists, including the Office of Foreign Assets Control's SDN list, the U.S. Department of Commerce's Denied Persons List, and similar watchlists. By making an account or using the Services, you represent and warrant that you meet all of the above conditions and comply with these Terms of Service. If you stop meeting such conditions, you must immediately notify us and stop using your Account and the Services. We reserve the right to remove your SOUND Account in such a case. We also reserve the right, to reclaim, or change a username (e.g. your lightning address) you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Even if you meet the above conditions, we may, in our sole discretion, determine that you’re not eligible to have a SOUND Account or use the Services.
(b) Access to Apps. Through your SOUND Account, you can access the SOUND App(s) (SOUND for iOS and Android) and the Services described herein.
(c) Access to Health Data. Through use of the SOUND App, at your election, SOUND will collect and process the following health data as selected by you: (i) data that you provide to us about your wellness goals and step counts. (“SOUND Health Data”); (ii) data that is ingested from your connected devices’ native pedometer – such as Apple’s Motion & Fitness sensors or Android’s Step Counter API – to read your step count data (also referred to herein as “SOUND Health Data”); and (iii) data that is imported, at your election from Third Party Health Services (as explained further in Section 3.2 below) (such data, “Third Party Health Data”) that integrates with our Services (such as other fitness tracking devices or apps) (SOUND Health Data and Third Party Health Data referred to, together, as “Health Data”).
Please note that your submission of Health Data or any personal data through the Services is governed by SOUND’s Privacy Policy at https://soundhsa.com/privacy.
(d) Rewards; Challenges. At your election, through the Sound App, and your submission of certain Health Data (as described in 3.1 (c) above, you have the ability to earn sats (short for “satoshis”), which is a unit of bitcoin, as a reward for certain of your health-related activities, as further described in Section 3.4 below. Please check our Site and the App(s) for detailed information about reward opportunities and challenges, including the activity required in order to be eligible to earn sats, possible rewards and other relevant terms and conditions.
(e) Additional Services. These Terms of Service will also apply to new services or products which we will offer in the future. For example, if you are interested in creating a Health Services Account (“HSA”) through SOUND, you can enter your details on the waitlist located on our website at soundhsa.com (our “Site”). If our HSA Services becomes available, we may invite you to sign up by contacting you at the email address you provide. We work hard to keep the content on our Site up to date and accurate. However, please keep in mind that the information provided on the Site is for informational purposes only and should not be considered a binding offer or commitment to you or any third party.
By using our Services, you confirm that you have obtained and reviewed information from us about the Services of your choice, and that they meet your expectations and requirements for your intended use.
3.2 Third Party Health Data; Third Party Health Services.
At your election, SOUND may utilize connections to the Apple Health App (“HealthKit”), Apple CoreMotion, Google Fit, and other third-party fitness, health, and tracking applications and services including Nostr-based apps (“Third Party Health Services”) in order to gather Health Data and thereby enhance your experience with SOUND’s Services. You can choose to grant access for us to read certain health data from Third Party Health Services. Upon receiving such access, we can read information such as your activity steps and activity recordings (such data defined above as “Third Party (”). Likewise, you may elect to grant access for us to share certain activity data collected on a SOUND app (such data defined above as your “SOUND Health Data”) with Third Party Health Services as selected and specified by you. Upon receipt of such access, we can share your selected SOUND Health Data with Third Party Health Services selected and specified by you.
Use of Third Party Health Data and Third Party Health Services will be subject to the terms, conditions and privacy policy of the applicable third party provider. SOUND is not responsible for any services or data provided by such Third Party Health Services
3.3 Third Party Tools or Software; Third Party Fees. In connection with our provision of our Services, we may provide you with access to third party tools, software and services, including without limitation, the Third Party Health Services described in Section 3.2 above and the third party bitcoin lightening wallet provider as described in Section 3.5 below. SOUND does not monitor, nor does SOUND have any input or control over such third party tools, software or services. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions if any kind without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools or services, We have no control over the content of third party services and do not have any responsibility for any material available on such third party services nor for any use of or reliance on the contents of such third party services by you. Any use by you of optional tools or services offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools or services are provided by the relevant third-party provider(s). Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The fact that we may link to a third party service does not mean that we endorse it or the products or services on it. In particular, where the third party service relates to your health, you should always take appropriate medical advice before using it.
You may incur fees from third parties (such as if you are using bitcoin natively within the App) in connection with your use of the SOUND Services. Please note that any such third party fees are out of our control. You are solely responsible for selecting and paying any such fee and SOUND shall not advance or fund such a fee on your behalf. SOUND is not responsible for any miscalculations of fees and will not cover any excess or insufficient fee
3.4 Ability to Earn Rewards. When you engage in certain health-related activities as described in Section ___, or participate in certain challenges as described in Section _____, you may have the right to receive sats (short for “satoshis”), which is a unit of bitcoin, from us as a reward (your “Rewards”). We do not guarantee any amount of Rewards as such Rewards are subject to adjustments, nor do we guarantee the right for you to receive Rewards at all. You acknowledge that SOUND may be subject to money transmission regulations as a result of which SOUND may be restricted from providing Rewards in certain jurisdictions. In addition, you may be required to meet identify verification requirements and comply with anti-money laundering procedures in order to receive Rewards, SOUND may elect, at its sole discretion, at any time, to cease the provision of Rewards.
In order to claim your Rewards, you will be required to provide your Bitcoin Lightening Wallet address, as further described in Section 3.5 below.
We reserve the right and retain the absolute discretion to determine and alter, from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to be eligible to earn sats using the App (for example, we may alter the number of verified steps required to earn sats). Details of current eligibility criteria and the volumes of verified movement required to be eligible to earn sats are provided on the Site and within the FAQ section of the App. Movement verification conducted by the App is considered final and cannot be revised or reversed. Please note that we may also cap the maximum amount of stats that users of the App may be eligible to earn during a day or longer period of time, as applicable, using the App.
You are solely responsible for reporting Rewards in the form of bitcoin as income and paying applicable taxes. To the extent required by applicable laws, SOUND may report payments exceeding $600 to tax authorities.
3.5 Using your Bitcoin Lightning Wallet. In order to earn Sats in connection with your use of the Services, you will need to have in place a custodial or non-custodial Bitcoin Lightning Wallet -- a specialized digital wallet that allows you to interact with the Lightning Network, a “layer 2” payment protocol built on top of the Bitcoin blockchain. In order for us to transfer the Sats to your wallet, you will need to provide SOUND with your Bitcoin Lightning Wallet address. When you earn the Sats in connection with your use of the Services, we will deposit the Sats in your Bitcoin Lightning Wallet, using the address you provide to us. By using your Bitcoin Lightning Wallet to receive Sats from us, you agree to be bound by these Terms, as well as the relevant terms of service of the relevant bitcoin lightning wallet provider, as applicable. If you fail to connect your SOUND Account with a bitcoin lightning wallet, you will be unable to receive any transfers from us.
The functionality that allows you to access and utilize a bitcoin lightning wallet may be rendered by a third party lightning service provider. To the extent a third party provides such services, By using such third party services and products you enter into contractual relationship with the applicable lightning service provider. You are solely responsible for paying any fees for such services and for abiding by the relevant terms you agree to with such third party provider. In any case SOUND cannot be held liable by you for any issues arising from the use of lightning service providers including impaired payment routing, high routing fees, or unwanted channel closures and will not reimburse any fees or costs associated with these services.
4. Our Rights and Responsibilities
We undertake to provide the Services on the terms and conditions set out in these Terms.
We can:
(1) temporarily suspend the availability of any Service and/or Products due to technical reasons, including, without limitation, maintenance, updating, or upgrading of the Site, the App(s) or the Services;
(2) communicate with you, including via e-mail, in connection with the Services;
(3) terminate the Services in the event of a lack of payment of any fees, as applicable;
(4) change the specifications and functionalities of the Services through changing these Terms;
(5) change the fees for the Services.
We intend to update, develop and maintain the Services in a manner that will enable you to make the best use of our Services.
Notwithstanding the above, we may immediately suspend (“Suspension”) all or part of your use of the Services if:
(1) we become aware that your use of the Services violates these Terms or that any of your warranties are untrue, and you do not remedy the violation within 7 days of receiving our notice;
(2) we reasonable believe that Suspension is needed to protect the Services, our infrastructures or any other our client, for instance due to attack or risk of attack;
(3) we reasonably believe that unauthorized person obtained access to the Services;
(4) we reasonably believe that Suspension is needed to comply with laws;
(5) judicial or administrative authorities request to do so.
5. User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, comments whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, use such Comments for such purposes as we see fit from to time, without restriction, including without limitation, edit, copy, publish, distribute, translate, or use such Comments commercially (including to create new, or enhance existing services offered by us, and for consumer communication or product promotion). We will not be required to compensate you financially for any such Comments provided, regardless of how we or our affiliates use it.
6. Errors, Inaccuracies and Omissions
Occasionally there may be information in our Services that contains typographical errors, inaccuracies or omissions that may relate to our Services descriptions, pricing, and/or promotions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update if any information in our Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in our Services, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in our Services has been modified or updated.
7. Intellectual Property
The Services are protected by intellectual property laws and treaties around the world. We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Services in accordance with its functionality and purpose. The license will expire automatically upon termination of your Account, or termination or expiration of these Terms. Unless otherwise expressly stated in these Terms, you must not use any Services for any commercial purposes without obtaining a license to do so from us. We retain all ownership and intellectual property rights to the Services including, derivative works thereof, and anything developed or delivered by or on behalf of us under Terms. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms.
You retain all ownership and intellectual property rights in and to your Health Data or any other content which you provide to SOUND using the Services. SOUND has no control over your Health Data or any other content you provide. You shall, at your own expense, indemnify, defend and hold harmless SOUND against all claims and actions brought by any third party alleging that your Health Data or any other content provided by you through the use of the Services infringes any of their intellectual property rights.
8. Content
You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service ("Your Content" or “User Content”).
You are responsible for obtaining, and hereby represent and warrant that you have obtained, all necessary rights and permissions to permit processing of Your Content by SOUND and the Services.
We do not claim ownership of any User Content. However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual license to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.
You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.
You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that Your Content must not:
(i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
9. Availability of the Service
The Service is provided “as is” and “as available”, without any warranty of any kind, express or implied. We make no guarantees that our Services, or any part of our Services, will be error-free or run without interruptions, and we do not make any warranty regarding the quality, accuracy, reliability, or suitability of our Services for any particular purpose. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
10. Cancellation, Suspension or Termination of Services
10.1 Account Cancellation. We may, in our sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of our Services, or terminate your Account, with or without reason, including, if we reasonably believe: (i) you create risk or possible legal exposure for us; (ii) our provision of the Services to you is no longer commercially viable; or (iii) you breached any of these Terms.
10.2 Account Suspension. We have the right to immediately cause your Account to be suspended, and the assets in your Account may be frozen if: (i) we suspect, in our sole discretion, your Account to be in violation of these Terms; (ii) we are required to do so by a government or regulatory authority, applicable law, court order, or a facially valid subpoena; (iii) your Account has a negative balance; (iv) we believe there is unusual activity in your Account or that you are using your Account in an unauthorized or inappropriate manner; or (v) if you have not accessed your Account in more than two years. Your Account will remain suspended and assets in your Account will remain frozen until a determination is made in the investigation by SOUND, at which point SOUND may determine to terminate your Account.
11. Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPS LINKED TO SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES AND ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SERVICES. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE MAKE NO GUARANTEE THAT YOUR USE OF THE SERVICES WILL COMPLY WITH ANY APPLICABLE LAW OR REGULATION.
12. Indemnity.
You will indemnify and hold harmless SOUND HSA and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation reasonable legal and accounting fees) arising out of or in any way connected with (a) your improper or unauthorized access to or use of the Services; and (b) your violation of these Terms.
13. Limitations of Liability
13.1 CONSEQUENTIAL DAMAGES WAIVER.NOTWITHSTANDING ANY OTHER SECTION OF THESE TERMS OF SERVICE, NEITHER SOUND, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, 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, TRADING LOSSES, 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 SOUND, ITS AFFILIATES, OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 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.
13.2 LIABILITY CAP.NOTWITHSTANDING ANY OTHER SECTION OF THESE TERMS, IN NO EVENT WILL SOUND’S AND ITS AFFILIATES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
13.3 BASIS OF BARGAIN AND FAILURE OF ESSENTIAL PURPOSE.THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOUND AND YOU. THE WAIVERS AND LIMITATIONS IN THIS SECTION __ APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
14. Limitations of the Service; No Medical Advice
The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Service does not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, and should never be used as a substitute for medical or emergency care. Your use of the Service does not create a doctor-patient relationship between you and SOUND.
If you have a medical or mental health emergency, or are taking actions that may cause harm to you or to others, you should seek emergency treatment at the nearest emergency room or call an emergency help line.
We are not licensed medical professionals, and we are not in the business of providing medical advice or in the practice of medicine. You should always consult a qualified medical professional prior to beginning or modifying any diet or exercise program, and only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs.
15. No Tax, Legal, Financial or Investment Advice
You should not interpret any content provided by the Services as tax, legal, financial, crypto-assets or investment advice. We have no special relationship with or fiduciary duty to you and your use of the Services does not create such a relationship. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the information posted by the Services.
16. Sanctions Compliance; Prohibited Jurisdictions
SOUND is committed to complying with all applicable U.S. and international sanctions laws and regulations. By using our Services, you represent, warrant, and covenant that: (a) You are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions or embargoes; (b) You are not identified on any U.S. government restricted or prohibited party list, including OFAC's SDN List, the Bureau of Industry and Security's Denied Persons List, Entity List, or Unverified List, or the State Department's Debarred Parties List; (c) You will not use our Services to facilitate any transaction involving any person or entity subject to U.S. or applicable international sanctions; (d) You have not been designated as a "terrorist organization" by any government authority; and (e) You are not acting on behalf of any sanctioned person or entity.
Our Services are not available in the following jurisdictions, and residents of these jurisdictions are prohibited from using our Services: (i) all jurisdictions subject to comprehensive U.S. sanctions programs; (ii) any jurisdiction where cryptocurrency activities are prohibited by local law; and (iii) any jurisdiction where SOUND determines, in its sole discretion, that offering Services would be illegal or create unacceptable regulatory risk.
SOUND reserves the right to: (a) monitor transactions and user activity for sanctions compliance; (b) freeze accounts and block transactions involving sanctioned parties; (c) report suspicious activities to relevant authorities; (d) terminate accounts of users who violate these restrictions; and (e) cooperate fully with law enforcement and regulatory investigations.
These restrictions may be updated from time to time based on changes in applicable law or SOUND's risk assessment. Continued use of the Services constitutes acceptance of any such updates. You agree to indemnify and hold harmless SOUND from any losses, damages, or penalties arising from your violation of any sanctions laws or these geographic restrictions.
17. Changes to Agreement or Services
SOUND reserves the right at any time in its absolute discretion to discontinue or change all or any part of the Service, with or without notice to you.
From time to time we may update these Terms of Service (including the Privacy Policy) or make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with the updated Terms of Service (including any updates to the Privacy Policy), and such additional terms or guidance that we make available. We may also deliver a notice about the updates through the Site or potentially through other communication(s) deemed appropriate by us. It is important that you review these Terms on the Site and/or the App regularly for updates, including 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.
We may also issue updates to the App(s) from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
18. Contact Us
If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via support@soundhsa.com.
19. Acceptance of these Terms of Service.
By using our Services, you signify your acceptance of these Terms. If you do not agree to these Terms, you may not use our Services
20. General Terms
These Terms of Service, the terms of our Privacy Policy, and any additional provisions and conditions provided to you for your use of the Services (the “Policies”), constitute the entirety of your agreement and understanding in connection with the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act as a result of any act or event which occurs and is beyond our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and SOUND as a result of these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Using the Site, the App(s) and the Services via Internet may involve the cost of connection to the Internet (data transfer fee) per the package of your service provider. These Terms shall be governed by and in accordance with the laws of the State of Delaware, in the United States of America.