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Terms and Conditions

Last Updated: June 28, 2016

The Sites (as defined below) are operated by Doppler Labs, Inc. (“Doppler,” “we”, “our”, “us”). Our registered office is at 182 Shipley St, San Francisco, CA, United States.

These Terms of Use and Conditions of Sale set out the terms on which we supply any of the products (“Product” or “Products”) listed on any of our websites, which include www.dopplerlabs.com, www.getDUBS.com, www.hereplus.me, and any other additional or successor sites that we operate or otherwise make available (the “Sites”). They also set out the additional terms which apply to your access and use of our Sites and our mobile applications, which include the Here Active Listening System app and the Here One App (the “Apps”), available for download on your mobile device. The Sites and the Apps are together the “Platform.”

Please read these Terms of Use and Conditions of Sale carefully before ordering any Products from our Sites or using our Platform. By placing an order, setting up an Account or using the Platform (including downloading the Apps), you agree to these Terms of Use and Conditions of Sale. If you do not agree to these Terms of Use and Conditions of Sale you must not order any Product through our Sites or use our Platform. Certain additional services may be subject to additional terms and conditions specified by us from time to time, and your use of such services to those additional terms and conditions, which are hereby incorporated by reference.

Contents
Part A – US TERMS OF USE AND CONDITIONS OF SALE
Part B – EU TERMS OF USE AND CONDITIONS OF SALE

PART A - US TERMS OF USE AND CONDITIONS OF SALE

1. Acceptance of Terms
You agree that by accessing or using the Platform in any manner, you are entering into a legally binding agreement with Doppler based on these Terms and the Doppler Privacy Policy and by making a purchase via the Sites you are further agreeing to be bound by the Return Policy and Product Warranty (these Terms, the Privacy Policy, and, if applicable, the Return Policy and Product Warranty shall be hereby incorporated by reference and collectively referred to as the “Agreement”).

If you do not want to agree to the terms of this Agreement, do not access, view, or otherwise use any of the Platform.

2. Changes to Terms of Use
We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at the Sites and/or notifying you by email. When we post changes to these Terms, we will revise the “Last Updated” date at the top of these Terms. We recommend that you check the Sites from time to time to inform yourself of any changes in this Agreement. If you do not want to agree to changes to this Agreement, you must immediately stop using the Platform. Your continued use of the Platform shall constitute your acceptance of and agreement to the revised Agreement.

3. Privacy
You should carefully read our full Privacy Policy before accessing or using the Platform as it governs our collection and treatment of any information, including personally identifiable information, you submit to us and is incorporated into this Agreement. You acknowledge that your submission of any information to us is voluntary and that Doppler may collect, use, and share that information within the terms of the Privacy Policy.

4. Termination of Service
Doppler reserves the right to deny service to any person in Doppler’s sole and absolute discretion. The Platform is offered with the understanding that Doppler may terminate your access to the Platform at any time, for any reason or no reason, including, without limitation, for any violation of this Agreement. Doppler may stop offering or supporting the Platform or a portion thereof at any time.

5. Order and Payment Terms
After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. In valid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Doppler’s acceptance of your order. Without prior notification, Doppler maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Doppler reserves the right not to sell to resellers. If your order is cancelled, we will attempt to notify you using the e-mail address you have given us with the order.

Doppler does not sell products through its Sites for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement and consent of a parent or legal guardian.

We accept various payment methods for Product purchases through our Sites, including Mastercard, Visa, and American Express. We will bill your payment method when you place an order for a Product through the Platform. Doppler will not fulfill any Product order without authorization validation of your purchase from your payment method.

You acknowledge and agree that any offers made available through the Platform are subject to change at any time and from time to time.

We have tried to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Platform; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Platform is accurate, complete, reliable, current, or error-free.

We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold Doppler liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Doppler, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action.

Doppler will provide replacements for Products purchased through the Platform within thirty (30) days of purchase in accordance with our Return Policy. Returned Products must be in new condition with the original packaging and accessories. Doppler will be responsible for the costs of returning Products that are returned pursuant to our Return Policy.

6. Conditions and Restrictions of Use

Use of Platform

Doppler grants you a limited, revocable, non-exclusive, non-sublicenseable, non-assignable license and right to access and use the Platform for your personal, non-commercial use in accordance with this Agreement. Except as expressly permitted by us in writing, you will not (directly or indirectly): (i) reproduce, redistribute, license, sell, create derivative works from, decompile, disassemble, reverse engineer, damage, attack, interfere with, or attempt to interfere with the Platform; (ii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform; (iii) use manual or automated software, devices, or other processes to “crawl” or “spider” the Sites; or (iv) otherwise take any action in violation of our guidelines and policies.

Furthermore, you may not use the Platform to develop, generate, transmit, or store information that: (i) is defamatory, harmful, abusive, obscene, or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Platform; (iii) performs any unsolicited commercial communication not permitted by applicable law, regulation, or ordinance; (iv) constitutes harassment or a violation of privacy or threatens another people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation, or ordinance; (vii) makes any false, misleading, or deceptive statement or representation regarding Doppler and/or the Platform; or (viii) constitutes phishing, pharming, or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

Doppler reserves the right to add or remove information, content, or Services from the Sites at any time in its sole discretion. Furthermore, Doppler reserves all rights not expressly granted in this Agreement, including, without limitation, title ownership, intellectual property rights, and all other rights and interest in Doppler, the Platform, the Product, and all related items.

Creating an Account

When you access the Apps, you can choose to register with us and set up an account with an ID and password (your “Account”).

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [email protected] away to let us know.

You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Apps.

If you are given the option to connect the Apps to a third-party service (e.g. Facebook or Twitter), we will only access and use your information from that service as permitted by you and the connected service and as set out in our Privacy Policy.

Your Right to Use a Platform

The materials and content comprising the Platform belong to us and we give you permission to use these materials and content for the sole purpose of using the Platform in accordance with these Terms of Use.

Your right to use the Platform is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.

Other than as allowed in these Terms of Use you are not given a right to use the Doppler Labs name, or any of the Doppler Labs trademarks, logos, domain names and other distinctive brand features.

As part of our Platform, we allow you to download our Apps (including any updates) [from our Sites or] via an app store for use on your mobile device for the sole purpose of accessing and using our Platform in accordance with these Terms of Use. We grant you a non-exclusive, personal, non-transferable license for this sole purpose.

Unless allowed by these Terms of Use and as permitted by the functionality of the Platform, you agree:

  • (a) not to copy our Apps or any portion of the Platform;
  • (b) not to give or sell or otherwise make available our Apps or any portion of the Platform to anybody else;
  • (c) not to change our Apps or any portion of the Platform in any way; and
  • (d) not to look for or access the code of our Apps or any portion of the Platform that we have no expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in our Apps or any portion of our Platform belong to us or the people who have licensed us to use those rights.

You agree that you have no rights in or to our Apps or any portion of our Platform other than the right to use them in accordance with these Terms of Use.

Rules of Acceptable Use

Any use of our Platform should comply with these Rules of Acceptable Use. When using the Platform, you must not:

  • (a) circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
  • (b) create more than one account on the Platform;
  • (c) give any false or misleading information in your account details;
  • (d) permit another person to use the Platform under your name or on your behalf;
  • (e) use the Platform if we have suspended or banned you from using it;
  • (f) send junk, spam or repetitive messages;
  • (g) engage in any illegal or unlawful conduct;
  • (h) modify, interfere, intercept, disrupt or hack the Platform;
  • (i) misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform’s own equipment;
  • (j) collect any data from the Platform other than in accordance with these Terms of Use;
  • (k) interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Platform or violate the regulations, policies or procedures of such networks;
  • (l) access or attempt to access any portion of the Platform by means other than through the interface that is provided by us; or
  • (m) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

  • (a) immediate, temporary or permanent withdrawal of your right to use our Platform;
  • (b) issue of a warning to you;
  • (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

These responses are not limited, and we may take any other action we reasonably deem appropriate.

No Violation of Laws

You agree that you will not, in connection with your use of the Platform or Products, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Platform any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and publicity).

No Commercial Uses

You agree that you will not use the Platform for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Platform.

Mobile Devices

The Platform contains services and features that are available to or through certain mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee that any or all of the Platform’s services and features work with or are accessible through all carriers or devices.

Mobile Apps

We may make available Apps that allow you to use certain services via a mobile device. To use the Apps you must have a mobile device that is compatible with the Apps. We do not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Apps for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third party or use the Apps to provide time sharing or similar services for any third party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that we may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Apps or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. If the Apps are being acquired on behalf of the United States Government, then the following provision applies. The Apps will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Apps originates in the United States, and is subject to United States export laws and regulations. The Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Apps and the Platform.

Apps from the Apple App Store

The following applies to any Apps you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, 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 as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Apps from the Google Play Store

The following applies to any Apps you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to our Google-Sourced Software.

7. Links

Links from the Site

The Sites may contain links to websites operated by other parties. Doppler provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Doppler, and Doppler is not responsible for the content available on the other websites. Such links do not imply Doppler’s endorsement of information or material on any other website and Doppler disclaims all liability with regard to your access to and use of such linked websites.

Links to the Site

Unless otherwise set forth in an written agreement between you and Doppler, you must adhere to Doppler’s linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Doppler’s and/or its licensors’ names and trademarks; (ii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Doppler; (iii) when selected by a user, the link must display the Sites on full-screen and not within a “frame” on the linking site; and (iv) Doppler reserves the right to revoke its consent to the link at any time and in its sole discretion.

8. Intellectual Property

Trademarks

All logos and trade names used in connection with Doppler and the Product are trademarks of Doppler. Unauthorized use of any Doppler trademark, service mark, or logo may be a violation of applicable trademark laws.

Copyright

The Platform and the content made available through the Platform are protected by U.S. and international copyright laws. You may not use, modify, reproduce, or distribute any of the content, or the design or layout of the Platform, or individual sections of the content, design, or layout of the Platform without Doppler’s express prior written permission.

9. Using the Platform Outside the United States
Doppler administers and operates the Platform from the United States. Although the Platform may be accessible in many territories throughout the world, not all features, products, or services discussed, referenced, provided, or offered through or on the Platform are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Doppler reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer or feature, product, or service made available on or via the Platform is void where prohibited. This Agreement is intended to cover use of the Platform, and all related features, products, and services, by residents of the United States and is governed by United States’ laws, which may not be as comprehensive as those in your country. If you choose to access the Platform from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

10. Children
The Platform is not directed toward children under 13 years of age nor does Doppler knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Doppler.

11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DOPPLER MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PLATFORM IS AT YOUR SOLE RISK. DOPPLER DOES NOT WARRANTY: (I) THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) THAT DEFECTS WILL BE CORRECTED; OR (IV) THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states, territories, and/or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOPPLER, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “DOPPLER AFFILIATES”), DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM AND/OR PRODUCTS, EVEN IF DOPPLER AND/OR THE DOPPLER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF DOPPLER OR ANY OF THE DOPPLER AFFILIATES EXCEED THE LESSER OF (I) US $100.00 OR (II) THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THE PLATFORM DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOPPLER WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES, OR DAMAGES INCURRED IN CONNECTION WITH THE PLATFORM OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS, OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION, OR WARRANTY CONTAINED IN THIS AGREEMENT; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY DOPPLER; OR (5) NONDELIVERY, MISDELIVERY, OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.

WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Because some states, territories, and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories, and/or jurisdictions, the liability of Doppler and the Doppler affiliates shall be limited to the fullest extent permitted by law.

13. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold Doppler and the Doppler Affiliates harmless from and against any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Platform, your negligent or intentional misuse of the Products, or any breach or alleged breach by you of this Agreement.

14. General

Governing Law; Disputes; Interpretation

This Agreement shall be governed by the laws of the States of New York, United States of America, without regard to conflicts of law principles. To the extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with this Agreement, the Platform, the Products, and/or Doppler. The parties agree that all controversies or claims arising out of or relating to this Agreement, the Platform, the Products, and/or Doppler shall be resolved by confidential, binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the English language, in the city of New York, New York. If any provision of this Agreement or the application of any such provision to any person or circumstances shall be declared to be invalid, unenforceable, or void, such decision shall not have the effect of invalidating or voiding the remainder of the Agreement, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting therefor another provision that is valid, legal, and enforceable so as to effectuate the original intent to the extent possible. Headings are for convenience only and shall not be used to construe the terms of this Agreement.

Waiver

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of the Platform, exploitation or other materials in connection therewith, or the sale, distribution, and other exploitation of the Products.

Successors; Assignment

This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, and permitted assigns. You may not assign or delegate this Agreement or any of the rights hereunder without Doppler’s prior written consent. Any purported assignment or delegation shall be ineffective. Doppler may freely assign or delegate all rights and obligations under this Agreement, full or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Doppler with any third party that assumes our rights and obligations under this Agreement.

Entire Agreement

You agree that this Agreement constitutes the entire understanding between you and Doppler regarding the Platform and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this Agreement. This Agreement may only be modified as set forth in Section 2 (“Changes to Terms of Use”). You may also be subject to additional terms and conditions that may apply when you use or purchase Products, third-party content, or third-party software.

PART B - EU TERMS OF USE AND CONDITIONS OF SALE

1. Ordering Products

You can place orders for Products with us by following the process outlined on our Sites. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

All orders are subject to acceptance by us. We will send you an email to confirm acceptance. The contract for purchase between you and us will only be made when we send you this email to confirm acceptance. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.

If you change your mind about the Products you have ordered after making your order you may be able to return the Products to us in accordance with the Cancellation and Returns Policy below at section 9.

You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.

2. Availability
All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.

If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price, we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.

3. Images and Sizing of Products
The images of the Products on our Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our Sites are approximate only.

4. Prices of Products
The price of any Product will be as quoted on our Sites, except in cases of obvious error.

The price of any Product may change from time to time, but changes will not affect any order we have accepted.

The price of a Product includes VAT (where it applies) but excludes delivery costs, which will be added to the total amount due. To see the relevant delivery charges for a product, please refer to our Shipping Policy.

It is always possible that some of the Products listed on our Sites may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our Sites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing.

5. How to Pay
We accept payment with the payment methods listed on our Sites. You must pay for the Products and any applicable delivery charges in advance.

By submitting an order to us through our Sites, you are confirming that the payment details provided on your order are valid and correct.

6. Delivery
We offer a delivery service in accordance with the timescales set out in our Shipping Policy. Please note that delivery timescales are estimates.

Please note that we only deliver to addresses in the countries set out in our Shipping Policy.

Your estimated delivery date will be as set out in a dispatch confirmation sent by email. Unfortunately, although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partner. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.

If you would like to know about the status of your order or track its progress, please contact: [email protected]

7. Risk and Title
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

The Products will be your responsibility from the time of delivery.

8. Cancellation, Returns, and Refund Policy
We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us in accordance with the returns policy described in this section.

Right to Cancel

You have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason. For hygiene reasons, this right to cancel only applies to a contract for the Product where the packaging the Product was shipped in is unopened.

The full terms and conditions that apply to your right to cancel and the process for exercising your right to cancel are set out in our Cancellation and Returns Policy.

If you are entitled to reimbursement in accordance with our Cancellation and Returns Policy, we may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

You are only liable for any diminished value of the Products resulting from the unfair/unreasonable wear and tear of the Products which is not necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement you are entitled to from us for such loss in value of any Products we supply.

Faulty or Mis-described Goods

If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges, and any reasonable costs you incur in returning the item to us. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our Cancellation and Returns Policy or these Terms of Use and Conditions of Sale.

We will refund you through the payment method used by you to pay.

How to Return the Products

If you return Products to us, you must do so as soon as reasonably practicable.

The full terms and conditions that apply to how Products are to be returned to us are set out in our Cancellation and Returns Policy

9. Your Information
We process information about you in accordance with our Privacy Policy.

10. Terms of Use - Apps
We process information about you in accordance with our Privacy Policy.

Creating an Account

When you access the Apps, you can choose to register with us and set up an account with an ID and password (your “Account”).

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [email protected] straight away to let us know.

You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Apps.

If you are given the option to connect the Apps to a third-party service (e.g. Facebook or Twitter), we will only access and use your information from that service as permitted by you and the connected service and as set out in our Privacy Policy.

Your Right to Use the Platform

The materials and content comprising the Platform belong to us and we give you permission to use these materials and content for the sole purpose of using the Platform in accordance with these Terms of Use.

Your right to use the Platform is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.

Other than as allowed in these Terms of Use you are not given a right to use the Doppler Labs name, or any of the Doppler Labs trademarks, logos, domain names and other distinctive brand features.

As part of our Platform, we allow you to download our Apps (including any updates) [from our Sites or] via an app store for use on your mobile device for the sole purpose of accessing and using our Platform in accordance with these Terms of Use. We grant you a non-exclusive, personal, non-transferable license for this sole purpose.

Unless allowed by these Terms of Use and as permitted by the functionality of the Platform, you agree:

  • (a) not to copy our Apps or any portion of the Platform;
  • (b) not to give or sell or otherwise make available our Apps or any portion of the Platform to anybody else;
  • (c) not to change our Apps or any portion of the Platform in any way; and
  • (d) not to look for or access the code of our Apps or any portion of the Platform that we have no expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in our Apps or any portion of our Platform belong to us or the people who have licensed us to use those rights.

You agree that you have no rights in or to our Apps or any portion of our Platform other than the right to use them in accordance with these Terms of Use.

Rules of Acceptable Use

Any use of our Platform should comply with these Rules of Acceptable Use. When using the Platform, you must not:

  • (a) circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
  • (b) create more than one account on the Platform;
  • (c) give any false or misleading information in your account details;
  • (d) permit another person to use the Platform under your name or on your behalf;
  • (e) use the Platform if we have suspended or banned you from using it;
  • (f) send junk, spam or repetitive messages;
  • (g) engage in any illegal or unlawful conduct;
  • (h) modify, interfere, intercept, disrupt or hack the Platform;
  • (i) misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform’s own equipment;
  • (j) collect any data from the Platform other than in accordance with these Terms of Use;
  • (k) interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Platform or violate the regulations, policies or procedures of such networks;
  • (l) access or attempt to access any portion of the Platform by means other than through the interface that is provided by us; or
  • (m) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

  • (a) immediate, temporary or permanent withdrawal of your right to use our Platform;
  • (b) issue of a warning to you;
  • (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

These responses are not limited, and we may take any other action we reasonably deem appropriate.

Our Liability to You - Platform

Unfortunately, due to the nature of the Internet and technology, the Platform is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Platform will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Platform in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Platform.

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

11. Using the Products
You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, policies and guidelines we have made and may make available.

You also agree to observe safe use practices including, but not limited to, those set out in the User Manual and Safety Guide.

12. Our Liability to You - Products
We are under a legal duty to supply Products that are in conformity with our contract with you.

In the event of a fault in our Products notified to us within a reasonable time after delivery we will (subject to confirmation of the fault), exchange the Products or refund you in full.

If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

The maximum loss or damage we will be responsible for under this section is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

We do not in any way exclude or limit our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation; or
  • (c) any breach of terms implied by law (such as those relating title and quiet possession, description, satisfactory quality, fitness for purpose and samples and defective products) except to the extent such terms can be excluded under applicable law.

13. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.

14. Resolving Disputes
If you have a dispute with us relating to our contract with you, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally.

In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.

15. Each of These Terms Operates Independently
Each of the paragraphs of these Terms of Use and Conditions of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16. Entire Agreement
These Terms of Use and Conditions of Sale set out the written terms of our contract with you for the purchase of the Products. If part of these Terms of Use and Conditions of Sale cannot be enforced then the remainder of these Terms of Use and Conditions of Sale will still apply to our relationship.

17. Updating These Terms and Conditions
We may modify or update these Terms of Use and Conditions of Sale from time to time for reasons including:

  • (a) changes in how our business operates;
  • (b) changes in the legal or regulatory requirements that we must comply with; or
  • (c) changes in how we accept payment from you.

18. Rights of Third Parties
Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

19. Transfer of our Rights
We may transfer our rights and obligations under our contract with you to another organization, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.

20. Law and Jurisdiction
These Terms of Use and Conditions of Sale are governed by English law. This means that a contract for the purchase of Products or use of our Platform made through our Sites and any dispute or claim arising out of or in connection with it will be governed by English law.

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, you may also bring proceedings in the country you are resident in.

21. Contacting You
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

22. Contact Us
If you have any queries about these terms, please contact us by sending an email to:[email protected] We’ll be here to help.