Home / Terms of Service
I. INTRODUCTION

We at KANOA INC. (“We”, “Us”) welcome you to use the KANOA services (the “Services”), available through the KANOA website www.getKANOA.com (the “Website”) and the KANOA mobile application (the “Application”). The service allows users to listen to music through through our completely wireless earphones (the “Earphones”).

These terms of use (collectively the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Service. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Service. Therefore, we encourage you to carefully familiarize yourself with the Terms. By registering with the Service and/or by clicking an “I accept” or similar button and/or by installing, accessing or using the Service (including any software or application forming part of the Service) you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by this agreement. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or other problem that could impair judgment. Your use of the Service constitutes your acceptance of the Terms. Consequently, if you do not accept or understand the Terms, please do not use, install, access or register with the Service (including any software or application forming part of the Service). If your agreement to these Terms is required in connection with or after the installation process of any software or application forming part of the Service, and you do not agree to these Terms, you are not entitled to use the respective software or the Application, in which case you must promptly uninstall and delete all copies thereof.

From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.

We wish to remind you that you are solely responsible for any material or content that you post on Application, regardless of the manner in which you post it. Similarly, your use of, or reliance on, any material or content posted in the Service is at your own risk.

You acknowledge and agree that you are solely responsible for any content that you post and any and all activity that occurs under your account (even if such content is posted by someone else using your account), and that you have all rights necessary to upload all content uploaded to the Service through your account (“Your Content”). You further acknowledge and agree that Your Content and your other activities in connection with the Service do not, and will not, violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.

We may, but have no obligation to:

Monitor or moderate any material or content posted in the Service;
Remove any material or content from the Service; and
Restrict access to any part of the Service at any time in our sole discretion and without advance notice.
IMPORTANT DISCLAIMER: THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE.
The information and materials provided in the Service must not be used in place of a visit, call, consultation or advice of your physician or other health care provider. KANOA is not a diagnostic tool and does not promote or recommend any particular form of medical treatment. Content found in the Service is for informational purposes only and is not intended to replace the relationship between you and your physician or other health care provider. You should always consult a physician if you have any health care-related questions. You should never disregard medical advice or delay in seeking it because of something you have read or inferred in or through the Service. If you think you may have a medical emergency, call your physician or the applicable emergency listing in your country immediately. If you feel pain or discomfort, immediately stop the activity causing such discomfort or pain.

We are not responsible for any health problems that may result from recommendations, activities, or other information or events you learn about through the Service. You agree that you use the Service at your own risk and are voluntarily engaging in the activities described in the Service.

II. ELIGIBILITY; REGISTRATION; PRICING, PAYMENT, RENEWAL, CANCELLATION

These Terms govern the use of the Service. By using the Service, you accept these Terms. You must be at least eighteen (18) years of age to use the Service. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions.

Once you download the Application and connect it to the Earphones as provided for in the instructions contained in the Application (the “Instructions”), you may use the basic features of the Service. You agree to use the features of the Application in conjunction with the Earphones only as directed by the Instructions for each feature, which are accessible in the “Instructions and Terms of Use” section of the Application.

The Application feature of the Service requires registration, for which you must provide the required registration information, including a username and a password. We reserve the right to deny a user the ability to create a profile if the registration information provided is incomplete or otherwise inadequate. Usernames and passwords are user-specific and should not be given to third parties. You are responsible for the use of the Service with your user account. You must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password. If your username or password becomes compromised, you must inform us of this as soon as possible in order to limit your liability.

By ordering the Earphones through the Website, you agree to pay us all the fees associated with you. You also authorize us to charge you for any sales or similar taxes that may be imposed on your fees. Applicable fees will be charged from you and payment will become due at the time of your purchase, and you authorize us to charge you using the payment method(s) available in the Service (the “Designated Payment Method”). A binding agreement occurs when we have accepted your order by delivering to you an order confirmation by email or text message.

You agree and acknowledge that we may correct any billing errors or mistakes that we may have made even if we have already requested or received payment from you. The terms of your payment will be based on your Designated Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the Designated Payment Method.

III. INTELLECTUAL PROPERTY

These Terms confer only the right to use the Service while these Terms and the specified license(s) are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service (“Our Content”) will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.

IV. LICENSE TERMS

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use. We reserve all rights in the Application not expressly granted to you in these Terms.

The copy of the Application is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Application, including all intellectual property rights therein, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Application.

Except as expressly specified in these Terms, you may not: (a) copy or modify, or create derivative works of the Application or the Service, including, without limitation, make adaptations or modifications to the Application or the Service; (b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Application or the Service to any third party; (c) make the Application or the Service available to multiple users by any means, including without limitation by uploading the Application or the Service to a file-sharing service or other type of hosting service or by otherwise making the Application or the Service available over a network where it could be used by multiple devices at the same time; (d) disassemble, decompile, reverse engineer, or attempt to derive the source code of the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Application or the Service that allow you to use the Application or the Service only in certain ways.

We are not obligated to maintain or support the Application or the Service, to provide all or any specific content through the Application or the Service, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Application or the Service, disable access to the Application or the Service for any period of time or permanently, and automatically update or upgrade the version of the Application that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms of Use will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Application or the Service.

The license to the Application or the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Application in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Application and promptly delete and destroy all copies, full or partial, of the Application. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

You represent and warrant that you will not use or otherwise export or re-export the Application to a country that is subject to a U.S. Government embargo or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also represent and warrant that you are not located in any such country or on any such list.

V. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at info@getKANOA.com with “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:

The identity of the original copyrighted work that you claim is infringed or if your notice covers multiple copyrighted works you may provide a representative list of the copyrighted works that you claim have been infringed;

A sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work;

Your contact information, including your full name, mailing address, telephone number, and email address, if available;

A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law;

This statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is infringed”; and
A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf.

Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may, in our discretion, reinstate the material in question in not fewer than 10 nor more than 14 days after we receive the counter notice, unless we first receive notice from the original complaining party who filed the infringement notice that it has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at info@getKANOA.com. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:

Identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, telephone number and, if available, email address;
Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
“I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which KANOA may be found, and I will accept service of process from the complaining party who notified KANOA of the alleged infringement or an agent of such person.
Provide your full legal name and your electronic or physical signature.

VI. USER POSTINGS

You are solely responsible for Your Content on KANOA. You will not post on KANOA, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other registered user of the Service. If information provided to us, or another registered user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

We may, but have no obligation to, in our sole discretion and without notice, review and delete any User Content.

You acknowledge and agree that Your Content, whether publicly posted or privately transmitted to KANOA, is your sole responsibility. We disclaim any responsibility for the backup and/or retention of any of Your Content transmitted to KANOA. If you transmit Your Content to KANOA, you understand and agree that Your Content may be reproduced, distributed, publicly performed and publicly displayed on the Service for the purpose of providing the Service.

The following types of Your Content are examples of Your Content that is prohibited in the Service:

Your Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Your Content that is harassing;
“Junk mail,” “chain letters,” or “spam”
Your Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Your Content that purports to solicit passwords or personal data for commercial or unlawful purposes from other registered users of the Service; and
Your Content of commercial nature without authorization from us.

VII. PROHIBITED ACTIVITIES

You shall not, and shall not authorize any third party to: (i) submit any material which includes incorrect, incomplete or otherwise misleading information, or use of which would be illegal or would infringe third party rights, (ii) use any material in a way which could be regarded as deceptive marketing or marketing contrary to sound business practices, (iii) submit any material that contains any pornographic, hate-related or violent content, (iv) act in any way that violates these Terms, as may be revised from time to time by the Service, (v) engage in any action or practice that reflects poorly on the Service or otherwise disparages or devalues its reputation or goodwill, (vi) make features or functionalities of the Service available on any website which features illegal, infringing, or offensive information or content, which includes, but is not limited to, pornography, racism and hate content, adware, spyware, Peer2Peer and file sharing, or (vii) create a new account to use the Service after we have terminated this agreement with you as a result of your violation of these Terms. You undertake to notify us with no undue delay of any known or suspected improper or wrongful use of the Service.

We reserve the right, in our sole discretion, to remove data containing prohibited content and to terminate or suspend the rights of a submitter of such content to use the Service. Suspended or terminated users of the Service remain obligated to pay us for any and all unpaid fees.

VIII. USER/CUSTOMER SERVICE

You can contact us by using the Feedback Form available in the Service. You can also email us at info@getKANOA.com. We are generally available during regular PST business hours.

IX. BLOCKING OF IP ADDRESSES

In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.

X. PRIVACY AND SECURITY

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. In addition to what is stated in the Privacy Policy, you agree to:

Y Respect the privacy of other users;
Not engage in unauthorized collection of users content or information, and/ or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
Not utilize a username that is the name of another person and intending to impersonate that person; and
Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.
Moreover, by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy and applicable laws and regulations related to personal data.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.

X. PRIVACY AND SECURITY

The Service is Available “AS-IS” Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.

Links to Third Party Websites The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.

Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ALL CASES OUR MAXIMUM LIABILITY IS LIMITED TO ANY FEES PAID BY YOU TO US.

Indemnity You agree to indemnify and hold us harmless from any claim or demand, including attorneys fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

Waiver and Severability Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

Shipping Customers outside the United States are responsible for any customs and import duties, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. As customs policies vary widely from country to country, please check the requirements in your country before placing an order. We will not be liable for any customs or import duties. Once an order has left the KANOA facility, it is in the custody of the mail carrier you have selected to deliver the order to you. Risk of loss and title for items purchased from the Website pass to you upon delivery of the item(s) to the carrier. You are responsible for filing any claims with carriers for damaged, lost, and delayed shipments, and KANOA disclaims all liability with regard to such shipments.
Governing Law and Resolution of Disputes The laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms, and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of the County of San Francisco, State of California. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

XII. CONTACT

The Service is operated and provided by KANOA INC. If you have any questions about these Terms, please contact us at info@getKANOA.com.

XIII. WARRANTY

The KANOA One Year Limited Warranty is a voluntary manufacturer's warranty. Your device is warranted for a period of up to one year after the original date of purchase against defects in workmanship or materials if used properly according to the user manual specific to that product. KANOA earphones come with a satisfaction guarantee. If you are not satisfied with your KANOA product, you may return the item within 14 days for a refund. You may return the item to us within the first 30 days in exchange for KANOA store credit or a replacement of that item.

XIV. TERM AND TERMINATION

We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your Membership at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.