Terms of Service
By using the BossEars.com web site ("Service"), or any services of BossEars Ltd. ("BossEars"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If BossEars makes material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:
Violation of any of the terms below will result in the termination of your Account. While BossEars prohibits such conduct and Content on the Service, you understand and agree that BossEars cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be age of majority in accordance with your jurisdiction to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. BossEars cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one free trial account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
- You expressly understand and agree that BossEars shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BossEars has been advised of the possibility of such damages), resulting from your use of the Service or any of its components.
- Abuse or excessively huge number of created resources of your BossEars account without understandable reason may result in the temporary or permanent suspension of your account's access. BossEars, in its sole discretion, will determine abuse or excessive usage of the Service. BossEars will make a reasonable attempt via email to warn the account owner prior to suspension.
- You may not bypass or attempt to circumvent any measures we may use to prevent or restrict access to the Service.
- BossEars reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Service with or without notice.
- We start to provide all Service functionality immediately after application for free trial or successful payment for any subscription plan.
- BossEars account can be used by its owner or any directly delegated person by account owner only.
Payment and Refund Terms
- All paid plans must enter a valid payment account. Free trial accounts are not required to provide payment account information to start using the Service.
- When exceeding the free trial, you will be required to purchase any of the BossEars subscription plans. Minimal acceptable paid period equals to one month.
- BossEars will not charge you with any additional fees. All Service functionality is included in the provided subscription plans.
- If your paid subscription period will expire soon, you will be notified via email. Failure to prolong subscription will result with Service access termination.
- You can contact us and request for a refund given a reasonable purpose.
- Refunds can be requested up to 60 days post purchase. You can get a refund that equals 80% of paid amount of money for the remaining full months left on your subscription. It is not possible to request for a refund for the remaining days.
Cancellation and Termination
- You are solely responsible for properly canceling of your account. You can cancel your account at any time by sending an e-mail to firstname.lastname@example.org stating that you want to cancel your account.
- All of your Content will be deleted from the Service immediately after cancellation. This information cannot be recovered after being deleted.
- Your subscription will be immediately terminated after trial period exceeding or paid period exceeding according to your plan. You can restore all Service functionality immediately by purchasing one of subscription plans or renewal of your current subscription plan.
- All of your Content and account data will be deleted in 6 months without existing active subscription on your account. Access to account will be terminated as well.
- BossEars, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BossEars service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BossEars reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- BossEars reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the BossEars Site (https://www.bossears.com) or the Service itself.
- BossEars shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- You shall defend BossEars against any claim, demand, suit or proceeding made or brought against BossEars by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify BossEars for any damages finally awarded against, and for reasonable attorney’s fees incurred by, BossEars in connection with any such claim, demand, suit or proceeding; provided, that BossEars (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases BossEars of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- You cannot pretend on any sort of exclusive rights on BossEars.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for BossEars services is only available in English, Ukrainian and Russian via email.
- You understand that BossEars uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- BossEars may use third-party IT consulting and development companies in order to improve Service quality and provide Service as itself.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BossEars, or any other BossEars service.
- BossEars is not responsible for any account or content loss.
- You agree to indemnify, defend and hold harmless BossEars, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable legal fees) arising from (i) any information that you or anyone using your account may submit or access in the course of using the Services; (ii) your breach of any representation or warranty in, or violation of the terms of this Agreement or any agreement or other instrument with a third party applicable to you; (iii) any violation or failure by you to comply with all laws and regulations in connection with your use of the Services, whether or not described herein; and (iv) any disputes between you and your customers.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BossEars.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BossEars customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- BossEars does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that BossEars shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BossEars has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Service; (v) or any other matter relating to the Service.
- The failure of BossEars to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BossEars and govern your use of the Service, superseding any prior agreements between you and BossEars (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.
- BossEars Ltd.
- 50027, Dnipropetrovsk region, Kryviy Rih, Yaroslava Mudroho str. 48
- Company number: 41515143