TERMS OF USE

TERMS OF USE (END USER LICENSE AND SERVICE AGREEMENT) FOR ResoClear

Last updated: March 6, 2026

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use (the "Agreement") are a binding contract between you ("you", "user") and ResoClear ("we", "us", "our"). By downloading, installing, or using ResoClear on your iOS device, you agree to abide by this Agreement and Apple's App Store Terms of Service. If you do not agree, do not use the App.

Precedence: In the event of any conflict between this Agreement and Apple's App Store Terms of Service, Apple's terms shall take precedence regarding your use of the App Store and related services.

2. AGE RESTRICTION

ResoClear is intended for use by individuals aged 13 years or older. By using the App, you represent and warrant that you are at least 13 years old. We do not knowingly permit users under 13 to use the App. If we become aware that someone under 13 is using the App, we will take steps to remove their access.

3. LICENSE GRANT

Subject to this Agreement and Apple's terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to use ResoClear on devices you own or control for personal, non‑commercial use. This license terminates if you violate any provision of this Agreement or Apple's Terms of Service.

4. FUNCTIONALITY AND DISCLAIMERS

A. Technical Architecture and Data Processing

ResoClear is designed as a local-processing application. All core functionalities—including frequency generation, audio playback, preset management, and visualization—are executed directly on your iOS device. We do not transmit, collect, or store any of your personal data, usage data, or custom presets. Your presets and audio preferences remain exclusively on your device.

For a complete explanation of how your data is handled, please refer to our Privacy Policy at: https://sites.google.com/view/resoclear-privacy

B. No Guaranteed Results

ResoClear generates audio frequencies for testing and wellness purposes. While some users report that sonic frequencies may help with speaker performance in certain circumstances, there is no guarantee of success. Outcomes vary significantly based on:

- Device model and hardware specifications

- Speaker condition and manufacturing tolerances

- Environmental factors (humidity, temperature)

- User technique and duration of use

- Speaker membrane material and design

Use the App at your own risk. We make no representations or warranties that the App will achieve any specific result or outcome.

C. Not a Repair or Diagnostic Service

ResoClear is a consumer utility audio application only. It is not:

- A warranty service or professional repair tool

- A medical device or hearing diagnostic tool

- A replacement for professional repair services or manufacturer support

- Approved or endorsed by device manufacturers for hardware repair

If your device requires professional repair, contact the manufacturer or an authorized service provider.

D. Safety Warnings

HEARING AND DEVICE SAFETY:

- Always start with low volume and increase gradually only if safe to do so.

- Prolonged exposure to high-volume or high-frequency sounds may cause:

  * Permanent hearing loss or damage

  * Discomfort to you or others nearby

  * Damage to speaker components, headphones, or audio equipment

- Do not use the App while operating vehicles or in situations requiring your full attention.

- ResoClear is not responsible for any hearing damage, device damage, or personal injury resulting from misuse, excessive volume, or prolonged use.

5. USER OBLIGATIONS

You agree to:

- Use the App lawfully and in accordance with Apple's guidelines, iOS documentation, and manufacturer instructions for your device.

- Avoid using the App in ways that could cause physical harm to yourself, others, or devices; violate applicable laws; or infringe on third‑party intellectual property rights.

- Not attempt to decompile, reverse engineer, decrypt, disassemble, or otherwise extract source code, algorithms, or proprietary methods from the App.

- Not circumvent, disable, or interfere with any security features, digital rights management, or access controls.

- Provide accurate and truthful information when requesting support, filing complaints, or applying for refunds.

- Comply with all local, state, federal, and international laws applicable to your use of the App.

6. INTELLECTUAL PROPERTY

All rights, title, and interest in ResoClear, including:

- Source code, algorithms, and technical architecture

- Trademarks, service marks, logos, and brand identity

- Copyrighted material, graphical designs, and user interface elements

- Documentation, specifications, and underlying concepts

...remain the exclusive property of ResoClear or our licensors. You receive only the limited, personal use license described in Section 3 (License Grant). Any unauthorized use, reproduction, or distribution of these intellectual property rights is strictly prohibited.

7. PAYMENTS, SUBSCRIPTIONS, AND REFUNDS

A. In‑App Purchases and Billing

If ResoClear or premium features are provided for a fee:

- All purchases are processed exclusively through Apple's In-App Purchase system.

- We do not directly collect, store, or process your payment information.

- Your billing is governed by Apple's Payment Terms, not by us.

- Charges will appear on your iTunes/Apple Account statement.

B. Subscription Terms (if applicable)

If a subscription is offered:

- The subscription period, price, and auto-renewal terms will be clearly disclosed before you confirm purchase.

- Subscriptions typically auto-renew automatically at the end of each billing period unless canceled.

- You can manage or cancel your subscription at any time:

  * Open the App Store → Account → Subscriptions → ResoClear → Cancel Subscription

  * Changes take effect at the end of the current billing period.

C. Refunds and Billing Disputes

- Apple handles all refunds. Contact Apple Support via the App Store's "Report a Problem" feature to request a refund within 14 days of purchase.

- We do not have the ability to process refunds directly.

- For billing disputes or payment issues, contact Apple Support.

D. Pricing Changes

We reserve the right to change subscription pricing at any time. Price changes will:

- Be communicated in advance through the App or App Store listing.

- Apply only to new subscription periods after the change date.

- Not retroactively affect active subscriptions.

8. UPDATES AND MODIFICATIONS

- We may provide updates, bug fixes, security patches, or feature improvements at our discretion.

- You are not obligated to install updates, but doing so is strongly recommended for security and performance.

- We reserve the right to discontinue the App or specific features at any time with reasonable notice.

- Continued use of the App following any update constitutes your acceptance of the updated version.

- We have no obligation to provide support or updates indefinitely, though we will make reasonable efforts to maintain compatibility with current iOS versions.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RESOCLEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR:

1. Indirect, Incidental, or Consequential Damages: Including but not limited to loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings.

2. Direct Damages to Devices or Hardware: Including but not limited to physical damage to speakers, microphones, headphones, batteries, or other device components resulting from use of the App.

3. Data Loss or Corruption: Loss or corruption of any data, files, presets, or other information on your device.

4. Bodily Injury or Health Conditions: Hearing loss, tinnitus, discomfort, or any other physical or health-related injury resulting from exposure to audio frequencies or sounds generated by the App.

5. Claims Arising from Misuse: Any claim arising from your use of the App in a manner inconsistent with these Terms, the App's instructions, or applicable law.

CAP ON LIABILITY:

Our aggregate liability for all direct damages arising from or related to your use of the App will not exceed the greater of:

- (a) The total amount you paid for the App or in-app purchases in the 12 months preceding your claim, or

- (b) USD 50.00

This limitation applies even if we have been advised of the possibility of such damages and even if any limited remedy provided herein fails of its essential purpose.

10. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

- IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

- WARRANTY OF TITLE OR NON-INFRINGEMENT

- WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE

- WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR FUNCTIONALITY

You assume all risk and responsibility for any results (or lack thereof) obtained through the App.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ResoClear, its affiliates, officers, directors, employees, and agents from and against any and all:

- Third-party claims, actions, lawsuits, damages, and settlements

- Liabilities, losses, costs, and expenses (including reasonable attorney's fees)

...arising from or related to:

- Your misuse, violation, or breach of this Agreement

- Your violation of any applicable law or regulation

- Your infringement of third‑party intellectual property rights, privacy rights, or other legal rights

- Any content or data you upload, submit, or transmit through the App

- Your use of the App in a manner that causes harm or damage to others

12. TERMINATION

A. Termination by ResoClear

We may suspend or terminate your license and access to the App at any time, in our sole discretion, if:

- You materially breach this Agreement

- You violate Apple's Terms of Service

- We are required to do so by law or court order

- We discontinue the App or the service

- We determine that your use poses a legal or safety risk

B. Effect of Termination

Upon termination:

- Your license to use the App immediately ceases

- You must uninstall and delete the App from all devices

- Any provisions of this Agreement that should survive termination (such as Limitation of Liability, Indemnification, and Intellectual Property) will remain in effect

- Termination does not limit any legal remedies we may pursue

C. Survival

Your indemnification obligations and our liability limitations survive any termination of this Agreement.

13. DATA PROTECTION AND YOUR RIGHTS

A. Your Privacy Rights

For information on how ResoClear handles your data (or does not collect it), please review our Privacy Policy: https://sites.google.com/view/resoclear-privacy

Key Principle: ResoClear does not collect, store, or transmit any personal data. All processing is local to your device.

B. Exercising Your Rights

If you have questions about your data, privacy, or wish to make a data-related request, contact us at: resoclear@outlook.com

We will respond to reasonable requests within 30 days.

C. CCPA Compliance (California Users)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA):

- Right to know what personal data is collected (Answer: We collect none)

- Right to delete your personal data (Answer: No data to delete)

- Right to opt out of "sales" of personal data (Answer: We don't sell data)

- Right to non-discrimination for exercising CCPA rights

For CCPA inquiries, contact: resoclear@outlook.com

14. EXPORT CONTROLS

You agree to comply with all applicable export laws and regulations. You will not export, re-export, or transfer the App or its components to prohibited countries or end users, including:

- Countries subject to U.S. trade embargoes

- Individuals or entities on government restricted-party lists

- For military, nuclear, or missile technology purposes

15. DISPUTE RESOLUTION AND GOVERNING LAW

A. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

B. Jurisdiction and Venue

For U.S. users, you agree that any legal action or proceeding arising from this Agreement will be brought exclusively in the federal or state courts located in San Francisco County, California. You consent to the personal jurisdiction and venue of these courts.

C. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force and effect.

D. Waiver

The failure of either party to enforce any right or provision will not constitute a waiver of such right or provision.

16. CHANGES TO THESE TERMS

We may change, update, or modify these Terms at any time, at our sole discretion. If a change is material:

- We will provide notice at least 14 days in advance via:

  * In-app notification

  * Update to this document on the App Store listing

  * Email to the address you provided (if applicable)

Continued use of the App after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must uninstall and stop using the App.

17. ENTIRE AGREEMENT

This Agreement, together with:

- Apple's App Store Terms of Service

- Our Privacy Policy (https://sites.google.com/view/resoclear-privacy)

- Any other terms or policies we explicitly incorporate by reference

...constitute the entire agreement between you and ResoClear regarding the App and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral.

18. CONTACT AND SUPPORT

For legal, technical, support, privacy, or other inquiries:

Email: resoclear@outlook.com

Response Time: We aim to respond to all inquiries within 7–10 business days.

End of Terms of Use