Terms of Service (EULA)

End User License Agreement (EULA) for Tape

This End User License Agreement ("Agreement") is a legal agreement between you ("You", "Your", or "End-User") and Ohm, Inc ("Company", "we", "us", or "our") governing your use of the Tape mobile application ("Tape", "Licensed Application" or the "App"). By accessing or using Tape, you agree to be bound by the terms and conditions of this Agreement.

1. Acknowledgement: You acknowledge that this Agreement is concluded between you and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for Tape and the content thereof. This Agreement does not conflict with the Apple Media Services Terms and Conditions as of the Effective Date.

2. License Grant: Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use Tape solely for your personal, non-commercial purposes on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to sublicense, distribute, or modify Tape in any way.

3. Subscription Services: Tape offers subscription-based services ("Subscription Services") that provide access to premium features and content. By purchasing a subscription, you agree to the following terms:

a. Subscription Plans: Tape offers monthly subscriptions priced at $9.99, which grants users 850 credits per month. Credits are used to access premium features and services within the App.

b. Credit Consumption: Credits are consumed proportionally to your usage of the application. Longer audio files and certain actions within the App, such as generating AI reports, may consume more credits.

c. Non-Rollover: Credits do not rollover from one month to the next and are reset at the beginning of each billing cycle.

4. Payment and Billing:

a. Billing Cycle: Your subscription will automatically renew on a monthly basis unless canceled. Payment will be charged to your iTunes Account at confirmation of purchase.

b. Cancellation: You may cancel your subscription at any time through your iTunes Account settings. However, no refunds or credits will be provided for partial subscription periods.

c. Price Changes: We reserve the right to change the subscription price at any time. Price changes will take effect at the beginning of the next billing cycle.

5. Maintenance and Support: The Company is solely responsible for providing any maintenance and support services with respect to Tape, as specified in this Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Tape.

6. Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This Agreement provides that, in the event of any failure of Tape to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Tape to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Tape, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

7. Product Claims: You acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to Tape or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that Tape fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Tape's use of the HealthKit and HomeKit frameworks. This Agreement does not limit the Company's liability to you beyond what is permitted by applicable law.

8. Intellectual Property Rights: Tape and its content are protected by copyright, trademark, and other intellectual property laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or through Tape. In the event of any third party claim that Tape or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

9. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Developer Name and Address: Any questions, complaints or claims by you with respect to Tape should be directed to:
Ohm, Inc
Email: contact@ohmplatform.com

11. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Tape, e.g., if Tape uses VoIP functionality, you must not violate your wireless data service agreement when using the App.

12. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

13. Termination: We reserve the right to terminate or suspend your access to Tape at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.

14. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of \[Your State\], without regard to its conflict of law provisions.

15. Changes to Terms: We reserve the right to modify or replace this Agreement at any time. Any changes will be effective immediately upon posting the updated terms within Tape. Your continued use of Tape after any such changes constitutes your acceptance of the new terms.