User Agreement

Effective date: November 06, 2020

If you are located in Australia, the following provisions apply:

The clause “Eligibility and Access to the Services” shall be amended as follows:

“You understand that Savonix is located in the United States, and agree and expressly consent, through your access and use of the Services, that, (a) we will handle (including, without limitation, collect, use, disclose and/or store) your information, including your Personal Information, in accordance with the laws of the United States (and not Australian law), and (b) your information (including your Personal Information) will be subject to the laws of the United States (and not Australian law). You also understand and agree that your use of the Services will be governed by the laws of the State of California, United States.”.

The clause “Your User Materials” shall be amended as follows:

“In order to, (a) display your User Materials on the Services, (b) allow other users to enjoy them (where applicable), and (c) provide and improve the Services, you agree and consent to us using and/or disclosing your User Materials for any lawful purpose, and also grant to us certain rights in those User Materials, as follows:”.

The clause “Ownership and Feedback” shall be amended as follows:

The sentence of “To the extent you provide any feedback, suggestions, improvements, enhancements and/or feature requests relating to the Services (“Feedback”) you hereby assign all right, title and interest in and to such Feedback to Savonix, for nil consideration and understand, agree and expressly consent to Savonix using and/or disclosing any such Feedback for any lawful purpose without any further reference to you.”.

The sub-clause “No Medical or Other Professional Advice” in the clause “Miscellaneous” shall be amended as follows:

The sentence of “If you think you may have a medical emergency, call your doctor or 911 immediately.” shall be replaced with, “If you think you may have a medical emergency, call your doctor or 000 immediately.”.

To the extent that any agreement (including without limitation this User Agreement) between you and Savonix with respect to the Services is deemed to be a consumer contract under any State, Territory or Commonwealth Australian law, and in particular (but not limited to) any provision (including the Second Schedule) of the Competition and Consumer Act 2010 (Cth) and/or any equivalent Australian State or Territory legislation (Australian Consumer Law):

  • The sub-clause “Warranty Disclaimer” in the clause “Miscellaneous” shall be amended as follows:

    “Nothing in the agreement (including without limitation this User Agreement) will operate so as to exclude, restrict or modify the application of any of the provisions of the Australian Consumer Law that relate to, (a) consumer protection, (b) the exercise of a right conferred by such a provision or any remedy available or (c) any liability of Savonix for a breach of a condition, warranty or guarantee implied by such a provision, where the Australian Consumer Law would render it void and therefore unenforceable to do so.”.

  • The sub-clause “Limitation of Liability” in the clause “Miscellaneous” shall be amended as follows:

    “Nothing in the agreement (including without limitation this User Agreement) will operate so as to exclude, restrict or modify the application of any of the provisions of the Australian Consumer Law that relate to, (a) consumer protection, (b) the exercise of a right conferred by such a provision, or (c) any liability of Savonix for a breach of a condition, warranty or guarantee implied by such a provision, where the Australian Consumer Law would render it void and therefore unenforceable to do so.  To the fullest extent permitted by law (including the Australian Consumer Law), you acknowledge and agree that Savonix expressly limits its liability for any breach of any condition, warranty or guarantee implied under the Australian Consumer Law to, at Savonix’s sole and absolute option (as applicable):

    1. in the case of goods, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the payment of the cost of replacing the goods, or of acquiring equivalent goods;
      3. the repair of the goods; or
      4. the payment of the cost of having the goods repaired; or
    2. in the case of services (including the Services):
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.”.

Privacy Policy

Effective date: November 06, 2020

If you are located in Australia, the following provisions apply:

The clause “What does this Privacy Policy cover” shall be amended as follows:

“This Privacy Policy covers handling (collection, use, disclosure and/or storage) of any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not (“Personal Information”) that we gather when you access or use our Services. This Privacy Policy does not apply to the practices of companies we do not own or control, or people that we do not manage.

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at [email protected]”.

The sub-clause “Information you provide to us” in the clause “What Information does Savonix collect?” shall be amended as follows:

“We collect and store your information (including Personal Information) –including your name, email address, date of birth, education level, gender, and third-party account credentials through the registration process and/or through your account settings – as part of  our provision of the Services to you (and for the other purposes described herein which you expressly consent to by your access of and use of the Services).”.

The sub-clause “Information Collected Automatically” in the clause “What Information does Savonix collect?” shall be amended as follows:

“Whenever you interact with our Services, you understand, agree and expressly consent (as evidenced by your access and use of the Services) to us automatically collecting and storing your information (including Personal Information) on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested.

“Cookies” are small data identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us and transfer information about you and your use of our Services. You also understand, agree and expressly consent (as evidenced by your access and use of the Services) to us using this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services, for example, this data can tell us how often users use a particular feature of the Services, and we may use that knowledge to make the Services interesting to as many users as possible.”.

The clause “How does Savonix use the Personal Information it Collects?” shall be amended as follows:

“You understand, agree and expressly consent to us using Personal Information we gather from our users (including you), for the purposes of providing you with the Services (and any other purpose as described in other sections in this Privacy Policy), and also, for the purposes of (without limitation) personalizing, providing, and improving our services, allowing you to set up a user account and profile, contacting you and allowing other users to contact you, fulfilling your requests for certain products and services, analyzing how you use the Services, and/or research. In certain cases, we may also disclose and share some Personal Information with third parties, but only as described below.”.

The clause “Will Savonix share any of the Personal Information it receives?” shall be amended as follows:

“You understand, agree and expressly consent (as evidenced by your access and use of the Services) to us disclosing and sharing your Personal Information with third parties as described in this section:”.

The sub-clause “Business Transfers” in the clause “Will Savonix share any of the Personal Information it receives?” shall be amended as follows:

“You understand that we may receive financing or choose to buy or sell assets, and expressly consent (as evidenced by your access and use of the Services) to us disclosing and sharing your Personal Information in connection with the evaluation of, negotiation of, and/or entry into such transactions.  Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through any other change of control, Personal Information may be transferred as one of our business assets. Accordingly, you acknowledge, agree and expressly consent (as evidenced by your access and use of the Services) that if your Personal Information is transferred as one of our business assets, its handling (including without limitation collection, use, disclosure and/or storage) will (as applicable) not be subject to Australian law, but the laws of the jurisdiction of the receiving entity.”.

The clause “International Transfer” shall be amended as follows:

“You understand, agree and consent to us handling (including without limitation, collection, use, disclosure and/or storage) your information, including your Personal Information, in accordance with the laws of the United States (and not Australian law), and that your information (including your Personal Information) will be subject to the laws of the United States (and not Australian law).”.

Notwithstanding the clause “What choices do I have?”, you may, in accordance with the relevant provisions of the Privacy Act 1988 (Cth) and the Australian Privacy Principles, make requests to us (at [email protected]) in relation to your Personal Information that we hold (including, requesting to withdraw your consent to our handling (including (without limitation) collection, use, disclosure and/or storage) of your Personal Information, though you should be aware that if withdraw your consent, you may no longer be able to access and/or use the Services) in accordance with Australian law. Under the Australian Privacy Principles, you may also request us to amend or correct any Personal Information which is incorrect or not up to date.