Ather Audio Terms of Service

Effective Date: 2025-03-01

These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "User") and the Company (as defined below) governing your access to and use of our audio communication software and services ("Software" or "Services").

Contracting entity ("Company")

The entity you are contracting with depends on where you are located:

• If you are located in the United States: you are bound by these Terms with Incognio LLC. Additional information: https://incognio.net/
  Incognio LLC
  Ramsey, NJ 07446
  United States
  [email protected]
• If you are located in Canada or in any other country: you are bound by these Terms with PragmaFlow, Inc.
  6981 rue des Tulipes
  Saint-Hubert, QC J3Y 8S1
  Canada

In these Terms, "Company," "we," "us," and "our" refer to the entity that applies to you under this section.

By installing, accessing, or using our Software or Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Software.

1. Use of the Software

We grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Software solely for lawful purposes and in accordance with these Terms.

2. User Responsibilities

You agree to:

• Use the Software in compliance with all applicable laws and regulations.
• Not use the Software to transmit, store, or distribute unlawful, harmful, or abusive content.
• Maintain the confidentiality of your account credentials, if applicable.
• Notify us immediately of any unauthorized access or breach of security.

3. Prohibited Activities

You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code.
• Use the Software for illegal or unauthorized purposes.
• Interfere with or disrupt the Software or servers or networks connected to it.
• Record or distribute audio communications without the consent of all parties, where required by law.

4. Account and Licensing

Use of the Software may require account registration or a license key. By registering or activating a license, you agree to:

• Provide accurate and complete information.
• Use the license solely in accordance with the scope provided.
• Not transfer, resell, or share your license or credentials.

License validation may be managed using third-party services such as LicenseSpring, and relevant data may be shared to facilitate this process, as described in our Privacy Policy.

5. Intellectual Property

All content, trademarks, and software are the exclusive property of PragmaFlow, Inc., Incognio LLC, or their licensors (as applicable). No rights are granted to you other than the limited license outlined in these Terms.

6. Updates and Modifications

We may update the Software from time to time to add new features or improve performance. You agree that such updates may be installed automatically. We also reserve the right to modify or discontinue the Software at any time without liability.

7. Termination

We may suspend or terminate your access to the Software at any time, with or without cause, and without notice or liability. Upon termination, you must stop using the Software and delete any copies you have.

8. Disclaimer of Warranties

The Software is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data or communications, arising out of your use or inability to use the Software.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company from and against any claims, damages, liabilities, losses, or expenses arising out of your use of the Software or violation of these Terms.

11. Governing Law and Dispute Resolution

Governing law and venue depend on which entity is your Company under these Terms:

• If your Company is Incognio LLC (United States customers): These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law rules. Any disputes shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.
• If your Company is PragmaFlow, Inc. (Canada and international customers): These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Any disputes shall be resolved exclusively in the courts located in the Province of Quebec, and you consent to the personal jurisdiction of those courts.

12. Changes to Terms

We may modify these Terms at any time. Continued use of the Software after changes indicates your acceptance. Material changes will be notified via the Software or our website.

13. Contact Us

If you have questions about these Terms, contact the entity that applies to your location:

United States

Incognio LLC
Ramsey, NJ 07446
United States
[email protected]
https://incognio.net/

Canada and international

PragmaFlow, Inc.
6981 rue des Tulipes
Saint-Hubert, QC J3Y 8S1
Canada
[email protected]
www.atheraudio.com