Last Updated: January 1, 2023
Introduction
Welcome to Biconic® Bluetooth Speaker, Speaker, Headphones (“Biconic”). These Terms of Use (“Terms”) form a legally binding agreement between you and Biconic regarding your use of Biconic’s websites, mobile applications, and related products and services (collectively, the “Services”).
Please review these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.
Biconic may modify these Terms at any time, at our sole discretion. If we make material changes to these Terms, we will notify you by updating the date at the top of this page and sending you an email or notification through the Services. Your continued use of the Services confirms your acceptance of the updated Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You must be at least 18 years old or the legal age of majority where you live to use the Services. If you are under 18 or the applicable legal age of majority, you are not permitted to access or use the Services.
Key Terms
Account. Your Biconic account, which must be registered and activated to use certain Services.
Content. Any text, images, audio, video, or other material appearing on or through the Services.
Intellectual Property. Patents, copyrights, trademarks, trade secrets, and any other proprietary rights recognized in any jurisdiction, including all applications and registrations.
User Content. Any Content a user posts, uploads, publishes, submits, or transmits to be made available on the Services.
Acceptable Use
You agree not to misuse the Services or help anyone else to do so. For example, you must not use the Services to do any of the following:
- Break laws or regulations.
- Infringe Biconic’s or anyone else’s Intellectual Property or other rights.
- Spread harmful code, like viruses or malware.
- Gather people’s personal data without consent.
- Mislead others about who you are or who you represent.
- Damage, disable, overburden, or impair the Services.
- Resell or redistribute the Services or Content.
You must follow any policies made available to you within the Services.
Accounts and Registration
To fully use the Services, you must register for a Biconic account.
Account eligibility. You must be at least 18 years old or the legal age of majority where you live. Biconic reserves the right to change eligibility criteria at any time. We may terminate accounts that do not meet the criteria.
Keeping your account secure. You are responsible for protecting your account password and keeping it confidential. You must notify Biconic immediately if you discover any unauthorized use of your account.
Account termination. You may terminate your account at any time by contacting customer service. Biconic may also terminate your account for any reason or no reason, including account inactivity. Parts of the Services may remain available to you after account termination.
Purchases and Payments
Purchasing. The Services may allow you to purchase products. Additional terms apply to all purchases, including pricing, availability, and payment terms. Biconic may decline any order in our sole discretion.
Recurring payments. Some Services may automatically renew or charge recurring periodic payments. Details will be provided prior to you agreeing to any recurring payments. You must cancel before each renewal date to avoid being charged.
Taxes. Unless stated otherwise, you are responsible for any applicable taxes.
Payment information. You must provide valid payment information and keep it updated. You authorize Biconic to store payment information for future purchases and use.
User Content
Ownership. Biconic does not claim ownership of User Content you post or share using the Services. You retain full ownership.
License to Biconic. By posting or sharing User Content through the Services, you grant Biconic a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works, and publicly display and perform the User Content in connection with the Services.
Removal. Biconic can remove or refuse to display any User Content for any reason.
Intellectual Property
Biconic’s rights. The Services and Content are owned and operated by Biconic. Unless stated otherwise, the Content and Intellectual Property rights belong to Biconic or our licensors.
Your rights. These Terms do not grant you any right, title, or interest in the Services, Content, brands, trademarks, or Intellectual Property rights owned by Biconic or others, except as stated in the “User Content” section above.
Feedback. You grant Biconic a perpetual, global, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, distribute, and disclose to third parties any feedback you provide to Biconic.
Disclaimer of Warranties
As far as the law allows, the Services and Content are provided “as is” without warranty of any kind.
Biconic disclaims all warranties, conditions, representations or other terms, whether express, implied or statutory. This includes warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from Biconic will create any warranty.
Limitation of Liability
As far as the law allows, Biconic will not be liable for:
- Any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, use, data, goodwill or intangible losses; and
- The cost of procurement of substitute goods or services.
The limitations apply even if Biconic knew or should have known about the possibility of damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
Indemnification
As far as the law allows, you agree to defend, hold harmless, and indemnify Biconic and our subsidiaries, affiliates, officers, directors, employees, consultants, agents, suppliers, and partners from any third-party claim or demand arising from:
- Your breach of these Terms;
- Your misuse of the Services or Content; or
- Your violation of law.
We will notify you of any claim, demand, or proceeding that triggers your responsibilities in this section.
Termination
Biconic may terminate your access and use of the Services at any time for any reason.
You may stop using the Services at any time. Termination does not relieve you of obligations arising during the period these Terms were in force.
Rights and obligations under these Terms which by their nature should survive termination will remain in effect after termination. This includes all limitations of liability.
Changes to the Terms
Biconic may update these Terms periodically. We will notify you of material changes by posting the updated Terms on the Site. We may also attempt to notify you by email or other means. You should periodically review the most up-to-date version of the Terms.
Your continued use of the Services after an update constitutes your acceptance of the updated Terms. The updated Terms will apply prospectively to your use of the Services after such changes become effective.
General Provisions
Governing law. These Terms are governed by the laws of the State of California without regard to conflict of law principles.
Waiver. Any failure by Biconic to enforce these Terms is not a waiver of the right to do so.
Severability. If a court determines any provision of these Terms is invalid or unenforceable under applicable law, that part will be replaced with terms that most closely match the intent of the original terms and the rest of these Terms will remain in effect.
Entire agreement. These Terms constitute the entire agreement between you and Biconic with respect to the Services. The Terms supersede any prior agreements.
Assignment. You may not assign or transfer these Terms without Biconic’s prior written consent. Biconic may assign these Terms at our sole discretion.
Contact information. Feel free to contact us at [email protected] for any questions about these Terms.
