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terms of use

Last updated: October 21, 2021

We like plain English. Some sections of this Agreement start with a box (like this!) that summarizes parts of the legal stuff in plain English. We hope you find those helpful, but make sure to read the entire document because the legal stuff is important too. If you think there’s any difference between the summaries in these boxes and the rest of the document, the language outside of the boxes is what will govern.

This Mobile Application Terms of Use ("Agreement") is a binding agreement between you ("Licensee" or "you") and Pronounced [Human], LLC, a Maine limited liability company (“Pronounced [Human]” “we” or “us”). This Agreement governs your use of the Transcapsule mobile application(s) on the iOS and Android platforms (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

Plain English: If you use the Transcapsule mobile app in any way, you’re promising us that you’re old enough to agree legally to this Agreement and will comply with it.

BY DOWNLOADING, INSTALLING OR IN ANY OTHER WAY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THIS AGREEMENT; AND (B) REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (OR ANY OLDER AGE IN YOUR JURISDICTION THAT MAY BE REQUIRED FOR YOU TO FORM A LEGALLY BINDING CONTRACT) OR THAT YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THAT AGE OF MAJORITY, CONSENTING TO THIS AGREEMENT ON THAT USER’S BEHALF AND TAKING RESPONSIBILITY FOR HIS, HER OR THEIR USAGE OF THE APPLICATION. NO PERSON UNDER THE AGE OF THIRTEEN MAY USE THE APPLICATION IN ANY CASE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

License Grant

Plain English: We’re giving you permission to use the app with your own mobile devices, and there are some limits on how you can do that.

Subject to this Agreement, we hereby grant you a limited, non-exclusive, and nontransferable license to:

  • download, install, and use the Application for your personal, non-commercial use on any mobile devices that you own and control ("Mobile Devices") strictly in accordance with the Application's documentation; and
  • access, stream, download, and use on such Mobile Devices the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

License Restrictions

Plain English: There are some things you can’t do with the app, like modifying it or sharing it with other people.

You will not:

  • copy the Application (except as this Agreement expressly permits) or modify, translate, adapt, or otherwise create derivative works of or improvements to the Application, whether or not patentable;
  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part of it;
  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Payment

Plain English: You’re welcome to use the app for free for thirty days. After that, we start charging your payment account for a subscription plan that auto-renews unless you opt out.

You may use the Application on a free trial basis for thirty calendar days, starting when you provide your payment method information and other information requested by the Application (the “Trial Period”). Your provision to us of that payment method information constitutes your agreement to use, store and share that information as this Agreement and our Privacy Policy disclose and to bill you as this Agreement provides. At the end of the Trial Period, you will begin using the Application under a paid Subscription Plan with automatically renewing one-month terms. Notwithstanding the previous sentence, the Trial Period and any monthly Subscription Plan terms will each terminate without renewal if before the end of the Trial Period or applicable Subscription Plan term you have opted out of renewal using the opt-out features in the Application.

Unless you opt out of a renewal as provided above, the payment method that you have provided us will be charged in the amount of the monthly service fee shown in the Application when the Trial Period converts to a Subscription Plan term and with each renewal of a Subscription Plan term.

You agree to ensure that all payment information that you provide to us will always be current and accurate and that you are authorized to authorize us to make the charges described in this Agreement. You agree that the Application is provided as a subscription service and that you are agreeing to pay for it throughout the term of this Agreement regardless of the extent to which you actually choose to use it during the term. Pronounced [Human] offers no refunds for payments once made except as this Agreement provides.

Reservation of Rights

Plain English: We own the app and all of the intellectual property in it. We’re giving you permission to use it.

You agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Pronounced [Human] reserves and will retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as this Agreement expressly grants to you.

Collection and Use of Your Information

Plain English: The app collects some personal information from you, and we’ll be using that in the ways the Privacy Policy says (and in the ways that the Trans Health Research Collective Program Page says, if you opt in to that program).

All personally identifiable information that we collect through or in connection with this Application is subject to our Privacy Policy. We may also offer you, through a separate written document or screen in the Application, the option to participate in our Trans Health Research Collective Program.

By downloading, installing, using, and providing information to or through this Application, you consent to all actions we take with respect to your information in compliance with the Privacy Policy (including its provisions about the Trans Health Research Collective Program, if you opt in).

Content and Services

Plain English: All of the stuff you use in the app is called “Content and Services,” which you’ll see in a few different places in this agreement.

The Application may provide you with access to Pronounced [Human]'s website(s) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the website(s) (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by our Privacy Policy.

Geographic Restrictions

Plain English: We’re based in the United States of America. Laws vary by country, so make sure you use the app in compliance with your local laws if you’re outside the U.S.

The Content and Services are based in the State of Maine in the United States of America. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States of America and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Updates

Plain English: We sometimes update the app, and updates can change how the app works. If your settings require you to manually approve our updates, you agree to approve them.

Pronounced [Human] may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pronounced [Human] has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

You will promptly download and install all Updates and acknowledge and understand that the Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Term and Termination

Plain English: This Agreement binds us both as soon as you download or use the app in any way, including free trial use. You and we both have ways to end the Agreement.

The term of this Agreement commences when you download or install the Application or acknowledge your acceptance of this Agreement, whichever is earliest, and will continue in effect until terminated by you or Pronounced [Human] as set forth in this “Term and Termination” section. The term includes the entirety of any free trial periods that the Application may offer to you.

You may terminate this Agreement at any time by deleting the Application and all copies thereof from your Mobile Device. Pronounced [Human] may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination for any reason, all rights that this Agreement grants to you Agreement will terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Pronounced [Human]'s rights or remedies at law or in equity.

Disclaimer of Warranties

Plain English: We worked really hard to develop the app and we hope you find it useful. But we can’t promise that it will work in any particular way or produce any particular results.

The Application is provided to you "as is" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Pronounced [Human], on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, Pronounced [Human] provides no warranty, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Plain English: We won’t be liable to you for most types of damages, but we’re agreeing to some limited amounts of damages in some cases if a court finds us liable.

To the fullest extent permitted by applicable law, in no event will Pronounced [Human] or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Application or the content and services for (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages or (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise, and regardless of whether such damages were foreseeable or Pronounced [Human] was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you.

Indemnification

Plain English: If you use the app or violate this Agreement in a way that makes us incur losses, you’re agreeing to pay for our legal bills, court judgments and other expenses. So please don’t do that.

You agree to indemnify, defend, and hold harmless Pronounced [Human] and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

Export Regulation

Plain English: You won’t use the app in ways that violate US laws against exporting technology.

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

Severability

Plain English: If a court says one part of this Agreement is not valid, the other parts will still be valid.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Choice of Law and Venue

Plain English: If we have a dispute about this Agreement, we’ll use the state law of Maine and the federal law of the US to resolve the dispute and we’ll do that in a court in Maine.

This Agreement is governed by Maine law and the law of the United States of America without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application must be instituted exclusively in the federal courts of the United States or the courts of the State of Maine in each case located in Cumberland County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

Plain English: This Agreement and our Privacy Policy contain everything you and we are agreeing to. There’s not some other document or agreement out there in the universe that gives either one of us other rights that relate to the app.

This Agreement and our Privacy Policy constitute the entire agreement between you and Pronounced [Human] with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver

Plain English: If one of us has rights under this Agreement but chooses not to exercise them, that doesn’t mean we’re waiving that right forever.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

System Requirements

Plain English: The app will work on the more popular types of mobile devices and operating systems that people use today. It may not work on rare or outdated systems.

The Application will perform only with (a) for Apple users, iPhone 6 and later and iOS 12 and later and (b) for Android users, Android phones and Android OS 9.0 and later.

Changes to this Agreement

Plain English: You’re agreeing to this Agreement as it reads now as well as in ways that we might update it later.

We may amend this Agreement at any time, in our sole discretion. Any such amendment will be effective after, in our sole discretion, we send you written notice of the amended agreement, show you a popup notice on your Mobile Device, or simply post an updated agreement on the Website. By continuing to use the Application after any update to the Agreement, you consent to the amendment.

Terms Applicable to Apple Device Users

Plain English: If you’re using our app on an Apple device, there are some additional things that you’re agreeing to. For example, you won’t ask Apple for customer support, you’ll agree to Apple’s own Terms of Service, and Apple has some rights to enforce this Agreement too.

If you download the Application from the Apple Store to an Apple-branded Mobile Device, the following terms apply to you in addition to the other provisions in this Agreement.

  • Apple is not a party to this Agreement. We, not Apple, are solely responsible for the Application and the Content and Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
  • The licenses in this Agreement are limited to Apple-branded products that you own or control and are subject to the Usage Rules in the Apple App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE APPLICATION AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY APPLICABLE TO US WILL BE OUR SOLE RESPONSIBILITY. TO THE EXTENT THAT ANY WARRANTY MAY APPLY TO YOU NOTWITHSTANDING THIS AGREEMENT’S EXPRESS PROVISIONS AND THE APPLICATION FAILS TO CONFORM TO THAT WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND ANY PURCHASE PRICE THAT YOU MAY HAVE PAID FOR THE APPLICATION.
  • YOU ACKNOWLEDGE THAT WE, NOT APPLE, ARE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR BY ANY THIRD PARTY RELATING TO THE APPLICATION OR TO YOUR POSSESSION OR USE OF THE APPLICATION, INCLUDING (I) PRODUCTION LIABILITY CLAIMS, (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY OR SIMILAR LAWS, TO THE EXTENT THAT ANY OF THE FOREGOING CLAIMS ARE PERMITTED UNDER THIS AGREEMENT.
  • You acknowledge that in the event of a third-party claim that the Application or your possession or use of the Application infringes on that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
  • You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that upon your acceptance of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary.
  • You represent and warrant that you are not located in a country that is subject to a United States government embargo or which the United States government has designated as a “terrorist supporting” country and that you are not listed on any United States government list of prohibited or restricted parties.
  • The Application is offered by Pronounced [Human], LLC, a Maine limited liability company whose mailing address is PO Box 8538 Portland, ME 04104-8538, USA. With any questions, complaints or claims, please call (207) 370-2630 or email hello@transcapsule.com.