These Terms are entered into by and between you (or "User") and Nothing Technology Limited or its affiliated companies ("Nothing" or "we"). 

In order to use the Nothing X app, you should read and comply with the "Terms of Service" stipulated herein (hereinafter referred to as the "Terms") . Please read the terms and conditions thoroughly and carefully, especially the bolded content, which will have a material effect on you. Your use of any of the services provided by Nothing X, such as downloading, installing, launching, browsing etc., is based on your acceptance of these Terms. If you do not agree to any part of these Terms, you shall not use or immediately cease using the Nothing X services.

The services we provide to you also require that you comply with other terms and conditions that we may update from time to time (including, but not limited to, Nothing X Privacy Notice , Terms of Sales, Acceptable Use Policy, User Agreement), which constitute an integral part of the Terms governing your use of the Nothing X services. This Terms shall be legally binding between you and Nothing. In the event of any conflict or inconsistent terms, this Terms shall prevail.

Service Description

Nothing X is an application that provides you with Nothing headphone connection setup service. You may log onto our Nothing X app by using your Nothing/Google/Apple account to remember your Nothing headphone setup information, or you may also enjoy the Nothing X app services anonymously.

You may choose to join our improvement program so that you can help us build better products for you.

We will also provide you with personalize your sound function together with our partner Mimi Hearing Technologies GmbH (“Mimi”) so that we can rely on the sound calibration from Mimi, which is based on the hearing test result, to further personalize your sound. For more information on Mimi test, please refer to https://mimi.io/privacy.

Privacy Policy

We attach great importance to the protection of your privacy, and we will take effective measures to protect your privacy. In order to protect your personal information, we will adhere to our commitments and covenants in the Nothing X Privacy Notice.  PLEASE REFER TO OUR NOTHING X PRIVACY NOTICE AS IT FORMS AN INTEGRAL PART OF THE TERMS.

Restrictions on Use of the Services

In addition to any other restrictions set forth in this Terms, and without limiting those restrictions, when using the Nothing X services, you agree not to (and not to attempt to):

(1) make unauthorized copies of any content made available on or through the service;

(2) use any device, software or routine to interfere or attempt to interfere with the proper working of the services, or any activity conducted on the services;

(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the services;

(4) delete or alter any material Nothing or any other person or entity posts on the services without authorization;

(5) frame or link to any of the materials or information available on the services;

(6) alter, deface, mutilate or otherwise bypass any approved software through which the services are made available;

(7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to Nothing or obtained from the services;

(8) access, tamper with or use non-public areas of the services, Nothing's computer systems and infrastructure or the technical delivery systems of Nothing's providers;

(9) provide any false personal information to Nothing;

(10) create a false identity or impersonate another person or entity in any way;

(11) solicit, or attempt to solicit, personal information from other users of the services;

(12) restrict, discourage or inhibit any person from using the services, or threaten, harass, menace or intimidate Users of the services;

(13) use the services, without Nothing's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(14) gain unauthorized access to the services, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the services;

(15) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the services or communications equipment and computers connected to the services; or 

(16) interfere with or disrupt the services, networks or servers connected to the services or violate the regulations, policies or procedures of those networks or servers.

Disclaimer

In no event shall we be liable for any failure or delay in performance due to normal maintenance of internet equipment, failure of internet connection, failure of computer communications or other systems, power failure, strikes, riots, acts of god (e.g. fire, flood, storm, etc.), explosions, war, government action, orders of judicial or administrative authorities, or any other force majeure events. As a User, you agree that you use the services and any content thereon at your own risk.

Nothing does not warrant that the services will operate error free, or that the services and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the services or any content thereon results in the need for servicing or replacing equipment or data, Nothing will not be responsible for those costs.

The services and all content thereon are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, Nothing disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.

You specifically acknowledge that Nothing shall not be liable for content or the defamatory, offensive, other illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Intellectual Property

All information related to the App are owned by or legally authorized to Nothing, which include but not limited to all the intellectual property such as copyrights, trademark rights, patent rights and trade secrets, contained in the  icons, graphics, images, diagrams, colors, interface design, layout frames, related data, additional programs or electronic files etc.

Without the written approval of Nothing, you shall not grant, use, transfer or license any third party to grant, use and transfer the above-mentioned intellectual property for any profit or non-profit purposes and Nothing reserves the right to hold you responsible for the above-mentioned unauthorized actions.

Suspension & Termination of the Service

Nothing reserves the right to unilaterally change, suspend, restrict, terminate or revoke the application service at any time without any notice for all or part of the service content due to business development needs, and users need to accept this risk.

Due to the rapid development of the Internet industry and the improvement of legislation, the existing Terms cannot guarantee to fully meet the needs of future development, and we may revise the Terms  time to time. We will inform you by web announcement, App push or in-site letter, etc., and may ask you to re-authorise if necessary. The revised terms will automatically replace the version before. If you do not agree to all or part of the revised terms, please stop using Nothing X immediately. If you continue to use Nothing X after receiving any change notification, you are deemed to have accepted such modifications and shall be bound by the revised terms. You hereby agree that Nothing shall not be liable for modifying, abridging, or retaining the Nothing X service.

Governing Law and Jurisdiction 

The Terms and any disputes arising under or in connection with it shall be governed by and construed in accordance with English law, without regard to its conflict of laws provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail. 

In the event of any dispute arising under or in connection with the Terms, the parties shall attempt, promptly and in good faith, to resolve such dispute. If no settlement can be reached, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims under the Agreement must be brought within one year after the cause of action arising, or any such claim or cause of action shall be barred to the extent permitted by law.

Contact us

If you have any questions regarding this Terms or its implementation, here is how you can reach us: Email Address: privacy@nothing.tech