Terms of Service
These Terms of Use govern your use of the internet-based mobile application and service (“O6“, "App“) provided to you by Fingertips Lab, Inc., 990 De Haro Street, San Francisco, 94107 ("us“, "we“, "our“). By using O6, you accept these Terms of Use and our Privacy Policy.
1. Service Description
O6 is a content reading application that lets you listen to your text based content via a spoken voice. It also allows you to navigate content items, menus and take actions on it. It will function in the background or while the phone is locked and allows external media controls to control the application, including some bluetooth headphones, bluetooth remote controls and some car steering wheel controls.
2. Registration
You do not need to register for the App in order to use it.
3. Costs
Your use of O6 is free of charge. You may incur connection costs depending on the particular internet service, cell phone contract or any other contracts you have concluded with third parties in order to access the App. Costs may be incurred for improve voice quality or premium channels added in the future, that you buy within O6 ("In-App Purchase“).
4. Your use of O6
4.1. User License
Subject to your strict compliance with the Terms of Use, we grant you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable license to use O6 in order to listen to your content and take actions on it.
5. In-App Purchase
O6 will soon offer a premium functionality (“Premium Functionality”), that allows you to purchase enhanced functionality or content. The In-App Purchase is operated by our partners, Apple Inc. (USA) if you are using an Apple iOS device and Google Inc. (USA) if you are using an Android device. Thus, your purchase is subject to the additional terms and conditions of (i) the Apple iTunes Store (http://www.apple.com/legal/internet-services/itunes/) in case of iOS devices and (ii) the Google Play Store (https://play.google.com/intl/en/about/play-terms.html) in case of Android devices. An active iTunes / Google Play account is a prerequisite to use the Premium Functionality.
The purchase contract between you and us becomes binding once you have successfully finished the iTunes checkout-process.
All prices for the Premium Functionality are final prices including VAT (if applicable). Some of the functionality offered in the Premium Functionality may be free of charge. We reserve the right to change prices at our own discretion at any time.
6. Termination
The statutory termination rights shall apply. We reserve the right to terminate your use of O6 for good cause.
7. Disclaimer
We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness of the App for a particular purpose. We do not make any representations or warranties that the App will be error free or that access thereto will be continuous or uninterrupted.
8. Limitation of Liability
We are not liable for
a. other people overhearing your personal content that is read from this application;
b. any special, incidental or consequential damages;
c. the cost of procurement or substitute products or services;
d. for interruption of use or loss or corruption of data; or
e. for any amounts that exceed the fees paid by you to us under this agreement.
We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, we shall not be liable to other businesses and shall be liable to consumers only for personal damages. We shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
9. Indemnification
You shall indemnify us from any and all third-party claims and all reasonable legal defense costs as well as for any other damages resulting from any violation by you of these Terms of Use or the infringement of any third-party rights by Your content.
10. Changes /Amendments
We reserve the right to change and/or amend the Terms of Use from time to time. Should you object to the changes/amendments, the old version of the Terms of Use shall remain binding; in this case we reserve the right to terminate the agreement with you.
11. Severability, Applicable Law, Place of Jurisdiction
If a provision of the present Agreement should be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by one that comes as close as possible to the commercial intent behind the old provision. The Parties shall be obligated to cooperate in arriving at a corresponding clarification of the text of the Agreement. The same shall apply to any potential legal gaps/omissions in the Agreement.