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Updated 1/21/2023
Welcome to Eartrainer! These user terms (“Terms”) govern your use and access to our services, web sites, mobile applications, and client software (the “Service”). They constitute your agreement with Lion Theory, LLC, d/b/a Eartrainer (“Eartrainer,” “we,” “us,” “our”). Our Privacy Policy (eartrainer.io/privacy) explains how we collect and use your information, and our Acceptable Use Policy (eartrainer.io/acceptable) outlines your responsibilities when using our Service. By using our Service, you agree to be bound by these Terms, and to review our Privacy and Acceptable Use policies. The Terms are effective as of the date of your first registration or use of the Service (“Effective Date”). If you do not agree to these Terms, do not use the Service.
IMPORTANT: If you join a Eartrainer account of an entity that has an existing contract with us (“Organizational Account”), then (1) your use of the Service within that Organizational Account will be governed by the Customer Terms or other agreement between that entity and Eartrainer, (2) such terms will control in the event of a conflict with these User Terms, and (3) you must use the Service in compliance with that entity’s terms and policies. For organizational accounts, your administrators may be able to access, disclose, restrict, or remove information in or from your Listening Exams account. They may also be able to restrict or terminate your access to your Eartrainer account within that entity.
For most uses of the Service, you’ll need to register as a User for an account (“Account”). A “User” is anyone who is registered for the Service.
You agree to ensure that your User information is accurate and kept up to date.
If you are under the age of 18, one of the following conditions will apply to you and your account:
If you are a teacher, the following condition may apply:
You agree to safeguard your password to the Service, make sure others don’t have access to your password, and to log off when you’re finished using the Service. In order to maintain required levels of privacy and security, you are expressly not permitted to share your User Account with others; each individual must register for a separate account. We’re not responsible for any loss or damage from you not complying with these safeguards.
Most of the Service components require a current version browser and a broadband/high-speed Internet connection. You agree that these resources and their performance and reliability are your responsibility.
The Children’s Online Privacy Protection Act applies to the online collection of personal information from children under the age of 13. To provide essential services and support to its users, eartrainer.io collects and stores the FIRST and LAST name of each user. It is possible that the SITE will be used by users under the age of 13, such as in a Middle or High school music program. In these cases, eartrainer.io will work with the teacher(s) at the school to gain verifiable written consent from a parent/guardian of each said user. Until verifiable written consent is obtained and validated, eartrainer.io will immediately destroy ALL incoming data from unvalidated users. If it is discovered that a user under the age of 13 who is outside of an official Middle or High school relationship is using the SITE, all efforts will be made to purge all information relating to this user from the system as soon as possible.
You may not use the Service for any purposes other than those described in these Terms. Some offerings of our Service allow you to download software (“Software“) to a desktop or mobile device which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms.
Security. We employ both an internal technical team and external security experts in order to keep your information secure and test for vulnerabilities. We also continue to work on features to keep your information safe.
Retention and right to deletion. We’ll retain information you store on our Service for as long as we need it to provide you the Service. In most cases, that means information will be kept for at least three (3) years, which most users find helpful in order to retrieve past samples of their work. If you request to delete your account, you may also request that we delete your information, and/or you may also request a copy of your data we have stored in our system. Please note: (a) there might be some latency in deleting this information from our servers and back-up storage; (b) feedback and similar content you’ve provided for others will remain, and (c) we may retain certain information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Eartrainer’ other services, so please keep that in mind. Eartrainer isn’t liable for anything that arises out of your use of beta services.
All fees and other charges (“Fees”), if applicable, are due and payable to Eartrainer at the time of online purchase. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
If you purchase a subscription account, we’ll automatically bill you at each periodic renewal until cancellation. You may cancel your Eartrainer Account at any time but you won’t be issued a refund unless it’s legally required. Eartrainer may discontinue the Service if any Fees are not paid in full.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
When you use our Service, you provide us with things like your musical scores, recordings, files, comments, other content, and so on (“User Submissions“). Any User Submission posted by you is yours. These Terms don’t give us any rights to your User Submissions except for the limited rights that enable us to offer the Service. In the case of our community dictation bank we may only use your dictations when express permission is obtained.
You’re responsible for your conduct. Your User Submissions and you must comply with our Acceptable Use Policy (eartrainer.io/acceptable). Content within the Service may be protected by others’ intellectual property rights. You agree not to copy, upload, download or share such content unless you have the right and permission to do so.
We may review your conduct and User Submissions for compliance with these Terms and Eartrainer's Acceptable Use Policy; however, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service, and in compliance with applicable laws, we may remove any User Submission at our discretion.
You use all User Submissions at your own risk. Your interactions with other Users are solely the responsibility of you and that User. Eartrainer is not responsible for anything that occurs as a result of those interactions. If there is a dispute between you and any other User, we are under no obligation to become involved.
We need your permission to do things like host your User Submissions, back them up, and share them when you ask us to. Our Service also provides you with features like thumbnails, downloads, document previews, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan your User Submissions. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties that we work with to deliver the Service.
Posting User Submissions via the Internet involves networks not controlled by Listening Exams. We’re not responsible for User Submissions that are delayed, lost, altered, or stored during transmission over those networks.
Eartrainer will use industry standard or better technical and organizational security measures to transfer, store, and process User Submissions. These measures include appropriate administrative, physical, and technical safeguards to secure User Submissions and other data from unauthorized access, disclosure, and use. We’ll also conduct periodic risk assessments and remediate any identified security vulnerabilities in a reasonable timeframe. Eartrainer will notify you in the event of a security or privacy incident.
Finally, while we store User Submissions for a length of time (typically at least 3 years), the Service is not an archive. You’re responsible for maintaining independent archival and backup copies of any User Submissions that you wish to preserve.
We may collect data that is defined as Personally Identifiable Information (“PII”) by the U.S. Family Educational Rights and Privacy Act (“FERPA”). We’ll use that PII only for the purpose of fulfilling our responsibilities to deliver the Service, and will not monitor, share, or disclose any such PII to any third party except as provided for in these Terms, as required by law, or as authorized in writing by you (or your organization if used under a Listening Exams Enterprise agreement). You agree that de-identified data, from which all PII-qualifying identifiers have been removed in accordance with FERPA definitions, is not PII and may be used for lawful purposes.
For additional privacy information, please review our Privacy Policy.
The Service as well as Eartrainer names, trademarks, logos, content, designs, and other brand features (collectively “Eartrainer Property”) are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in any Eartrainer Property or in others’ User Submissions. We welcome feedback; please note that we may use any comments or suggestions without any obligation to you.
You’re free to stop using our Service at any time. We also reserve the right, as needed, to terminate these Terms, disable access to your Account, or suspend the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service, or disrupt others’ use of the Service. We may delete your Account, including all User Submissions, when you no longer use your Account or when we have disabled access to your Account or the Service. Eartrainer is not responsible to you nor to any third party for any termination of your access to the Service or deletion of User Submissions.
We strive to provide a great Service, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTRAINER AND ITS AFFILATES, PARTNERS, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN EARTRAINER GIVES THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR EARTRAINER’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL EARTRAINER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT EARTRAINER OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, EARTRAINER, ITS PARTNERS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE FOR MORE THAN THE GREATER OF $10 OR THE AMOUNTS PAID BY YOU TO EARTRAINER FOR THE PAST 4 MONTHS OF THE SERVICES IN QUESTION.
Some places don’t allow the types of limitations in this section, so they may not apply to you.
By uploading content and User Submissions to the Service, you agree that you have: (a) all necessary licenses and permissions to use and share such content and User Submissions, and (b) the rights necessary to grant the licenses in these terms.
To the fullest extent permitted by applicable law, you will indemnify us and our subsidiaries, affiliates, officers, agents, employees, Partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to such content, User Submissions, your use of the Service or Software, or your violation of these Terms and any applicable laws.
Subject to limitations of applicable law and this section, Eartrainer will indemnify you from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of any claim by a third party against you to the extent based on an allegation that our technology used to provide the Service to you infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. Alternatively, we may choose to take action to rectify the alleged infringement. Eartrainer will have no obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by Eartrainer, and (ii) any content, information, or data provided by you or other third parties.
Subject to limitations of applicable law and this section, Eartrainer will also indemnify you from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of Eartrainer's gross negligence or willful misconduct in preventing unauthorized access to confidential User Submissions, as finally determined in a non-appealable judgment by a court of competent jurisdiction in connection with a claim alleging a breach of confidentiality.
We want to address your concerns without needing a formal legal proceeding. Before filing a claim against Eartrainer, you agree to try to resolve the dispute informally by contacting support@eartrainer.io. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Eartrainer may bring a formal proceeding.
You and Eartrainer agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Travis County, Texas, unless otherwise required by applicable law of any other jurisdiction. Both you and Eartrainer consent to venue and personal jurisdiction in such courts.
These Terms will be governed by Texas law except for its conflicts of laws principles, unless otherwise required by applicable law of any other jurisdiction.
These Terms constitute the entire agreement between you and Eartrainer with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Eartrainer's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Eartrainer may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your Account or alerting you at your next login). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.
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