Welcome to Earo, an advanced audio analysis application ("App") provided by Earo Technologies. By accessing, downloading, or using the App, you ("User") agree to be legally bound by the following terms and conditions ("Agreement"). This Agreement constitutes a binding contract between you and Earo Technologies. If you do not agree to all provisions of this Agreement, you must immediately cease using the App and uninstall it from your device.
1. Description of Service
Earo is a proprietary audio analysis tool that enables Users to upload audio files and receive comprehensive AI-powered analysis results. The App features a distinctive purple-themed design, an intuitive user interface, and a range of audio processing functionalities including but not limited to:
- Secure upload of audio files from User devices
- Advanced AI-driven analysis of audio features (pitch, tone, rhythm, etc.)
- Generation of detailed emotional and musical characteristic descriptions
- User-friendly interface with four primary navigation sections: Home, Analysis, Theme Customization, and Profile
- Storage and retrieval of historical analysis records
- Personalized statistics and usage insights
Earo reserves the right to modify, update, or discontinue any feature of the App at its sole discretion, with or without prior notice to Users.
2. User Obligations & Responsibilities
Users agree to use the App in compliance with all applicable local, national, and international laws, regulations, and ordinances. In addition, Users shall adhere to the following specific obligations:
- Maintain the security and confidentiality of any User account credentials and promptly notify Earo of any unauthorized access to their account
- Provide accurate, current, and complete information during account registration (if applicable) and update such information as necessary
- Only upload audio files that they have lawful rights to use, including all necessary permissions from copyright holders and individuals whose voices may be present in the audio
- Not use the App for any illegal, fraudulent, harmful, or offensive purposes
- Not attempt to reverse engineer, decompile, disassemble, or otherwise access the App's source code or proprietary algorithms
- Not use automated scripts, bots, or other tools to access or interact with the App without express written permission from Earo
- Not overload, disrupt, or damage the App's servers or network infrastructure
- Not bypass or attempt to bypass any security measures or access controls implemented in the App
- Not use the App to upload or process audio files containing:
- Obscene, pornographic, or sexually explicit content
- Hate speech, discrimination, or incitement to violence
- Illegal activities or instructions for unlawful acts
- Confidential information belonging to third parties
- Malicious software, viruses, or corrupted data
3. Intellectual Property Rights
All intellectual property rights in and to the App, including but not limited to software code, algorithms, AI models, user interface designs, graphics, trademarks, service marks, logos, text, and audio processing techniques, are owned exclusively by Earo or its licensors. These rights are protected by copyright, trademark, patent, and other intellectual property laws worldwide.
Users are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes in accordance with this Agreement. This license does not include the right to:
- Reproduce, distribute, or publicly display the App or its components
- Create derivative works based on the App
- Sublicense, rent, lease, or transfer the App to any third party
- Use the App for commercial purposes without obtaining a separate commercial license from Earo
Users retain all ownership rights to the audio files they upload to the App. However, by uploading any audio content, Users grant Earo a limited, worldwide, royalty-free license to:
- Process and analyze the audio files to provide the App's core functionality
- Store the audio files and analysis results for User access and retrieval
- Anonymize and aggregate data from audio analyses to improve the App's AI models, provided that such data cannot be linked back to individual Users
4. Privacy Protection
Earo is committed to protecting User privacy. All collection, storage, processing, and transmission of User data, including personal information and audio files, is governed by Earo's Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you acknowledge that you have read and understood the Privacy Policy and consent to the collection and use of your information as described therein.
Key privacy protections include:
- Encryption of data during transmission and storage
- Strict access controls to User information
- Option to delete personal data and audio files at any time
- Transparent data usage practices with no selling of User data to third parties
5. Account Management
Some features of the App may require User registration and account creation. Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account. Users agree to:
- Provide accurate and truthful information during registration
- Update account information promptly when changes occur
- Notify Earo immediately of any unauthorized account access
- Accept full responsibility for all actions performed through their account
Earo reserves the right to suspend or terminate User accounts at its sole discretion for violations of this Agreement, fraudulent activity, or other reasons deemed necessary to protect the App's integrity.
6. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EARO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties regarding the accuracy, completeness, or reliability of analysis results
- Warranties that the App will be uninterrupted, error-free, or free from viruses
- Warranties regarding the compatibility of the App with specific devices or operating systems
Earo does not guarantee that the AI-generated analysis results will be accurate, complete, or suitable for any specific purpose. Users acknowledge that audio analysis technology is evolving and results may vary based on audio quality, background noise, and other factors.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or data
- Damages for loss of goodwill or reputation
- Costs of obtaining substitute goods or services
- Any damages resulting from unauthorized access to User data
- Any damages arising from reliance on analysis results
EARO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE CLAIM IS BROUGHT, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY.
8. Service Modifications & Termination
Earo reserves the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice, and shall not be liable to Users for any such modifications, suspension, or discontinuance.
Earo may terminate this Agreement and your license to use the App immediately upon written notice (which may be provided via email or in-app notification) if you breach any provision of this Agreement. Upon termination, you must immediately cease all use of the App and delete all copies from your devices.
Users may terminate this Agreement at any time by uninstalling the App and deleting their account through the Profile section. Upon termination, all licenses granted herein shall immediately terminate, but sections 3 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 9 (Governing Law), and 10 (General Provisions) shall survive termination.
9. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the App shall first be addressed through good-faith negotiation between the parties.
If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in San Francisco County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding on both parties. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Earo. All disputes must be resolved on an individual basis.
10. General Provisions
Entire Agreement: This Agreement constitutes the entire understanding between you and Earo concerning your use of the App, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Earo relating to the subject matter hereof.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the parties.
Waiver: The failure of Earo to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by Earo of any breach of this Agreement shall not operate as a waiver of any subsequent breach.
Assignment: This Agreement and all rights granted herein are personal to you and may not be assigned, transferred, or sublicensed by you without the prior written consent of Earo. Earo may assign this Agreement or any of its rights or obligations hereunder without your consent.
Notices: All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered personally, sent by reputable overnight courier, or by email to the addresses provided during registration (for Users) or to the contact email provided below (for Earo). Notices sent by email shall be deemed received upon transmission, provided no bounce-back or other delivery failure notification is received.
11. Changes to This Agreement
Earo reserves the right to modify or update this Agreement at any time. When we make material changes to the Agreement, we will provide you with prominent notice through the App (such as a pop-up notification) and update the "Last Updated" date at the top of this Agreement. The modified Agreement shall become effective 14 days after such notice is provided, unless you accept the changes earlier. Your continued use of the App after the effective date of the modified Agreement constitutes your acceptance of the revised terms.
It is your responsibility to review this Agreement periodically for changes. If you do not agree to the modified Agreement, you must cease using the App and terminate your account as provided in Section 8.
For questions, concerns, or notices regarding this Agreement, please contact us at: earohelpcenter@outlook.com