Điều khoản sử dụng của Effa

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Gndsoft LLC ("Gndsoft," "we," or "us") for your use of Effa (the "App"). By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

2. Not a Medical Device

Effa is a hearing check for reference only. It is not a medical device, does not diagnose or treat any condition, and does not replace an examination by an ENT doctor or audiologist. Results are estimates that depend on your headphones, volume, and surroundings, and they can be wrong.

Do not use the App to make medical decisions. If you are worried about your hearing, see a hearing professional. If your hearing changes suddenly, or you have ear pain, dizziness, or ringing that does not go away, seek medical care promptly instead of relying on the App.

3. Hearing Safety

Follow the App's volume instructions. The App limits how loud its tones can get, but headphones differ, so stop the check and lower the volume if any sound is uncomfortable. Do not use the App while driving or in situations where you need to hear your surroundings.

4. Who Can Use the App

Anyone can use the App, but if you are under the age of majority where you live, use it with the permission of a parent or guardian. Sharing anonymous results is only available if you are 16 or older.

5. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, for personal, non-commercial purposes, subject to these Terms and the rules of the store you got it from. The App is licensed, not sold. All rights not expressly granted are reserved.

6. Acceptable Use

You agree not to:

• Copy, modify, distribute, sell, or rent the App or any part of it.
• Reverse engineer, decompile, or try to extract the source code, except where the law allows it.
• Interfere with our servers, get around upload limits, or upload results you know to be fake.
• Use the App in any way that breaks the law or infringes others' rights.

7. Results You Share

If you choose to share anonymous results, you allow Gndsoft to use them, as described in the Privacy Policy, to build correction profiles, reference curves, and other statistics, and to publish or share those statistics. Statistics do not contain any one person's results and may continue to be used after you delete your data.

8. Price

The App is currently free and has no ads. If we introduce ads or paid features in the future, we will tell you in the App and update these Terms first.

9. Intellectual Property

The App, including its software, text, graphics, sounds, and the Effa and GndWell names and logos, is owned by Gndsoft or its licensors and protected by intellectual property laws. Result cards you create may be shared freely for personal, non-commercial purposes.

10. Updates and Availability

We may update, change, or discontinue the App or any feature at any time. Some updates may be required to keep using it. We do not guarantee the App will always be available or work with every phone or headphone.

11. App Stores

If you downloaded the App from the Apple App Store, these Terms are between you and Gndsoft only, not Apple. Apple has no obligation to provide maintenance or support, and is not responsible for claims relating to the App; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the App must also comply with the store's terms of service.

12. Disclaimer of Warranties

The App is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Some jurisdictions do not allow these exclusions, so some may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by law, Gndsoft will not be liable for any indirect, incidental, special, consequential, or punitive damages, for loss of data, or for decisions made based on the App's results, arising from your use of the App. Our total liability for any claim relating to the App is limited to the greater of the amount you paid us for the App in the twelve months before the claim or US$50. Nothing in these Terms limits liability that cannot be limited under applicable law, including your statutory consumer rights.

14. Termination

You may stop using the App at any time by deleting it; use Delete my data first if you also want your shared results removed. We may suspend or end your license if you breach these Terms. Sections that by their nature should survive termination will survive.

15. Governing Law

These Terms are governed by the laws of the United States and the state in which Gndsoft LLC is organized, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise. If you are a consumer in the EU, the UK, or Korea, you keep the protection of the mandatory laws of your country and may bring claims in its courts.

16. Changes and Contact

We may update these Terms from time to time. If we make material changes, we will update the date above and, where required, notify you in the App. Continuing to use the App after changes take effect means you accept them. Questions about these Terms can be sent to [email protected].