Terms of Service & Conditions

Section 1: General Terms and Conditions

1.1 Acceptance of Terms

By accessing, downloading, registering for, or otherwise using any applications, websites, content, or services provided by Hear It Technologies LLC dba Punk Audio (collectively, the "Service"), you agree to be bound by these Terms and Conditions. If you do not agree to all of these terms, you are strictly prohibited from using the Service.

1.2 Changes to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. Any changes will be effective immediately upon posting the revised terms within our application or on our website. Your continued use of the Service following the posting of revised terms constitutes your acceptance of those changes.

1.3 Intellectual Property Rights

All software, code, audio algorithms, user interfaces, visual designs, graphics, trademarks, trade names, and documentation comprising the Service are the exclusive, proprietary property of Hear It Technologies LLC dba Punk Audio and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these terms.

1.4 Disclaimer of Medical Liability

The Service, including any audio personalization features, equalizers, or frequency adjustments, is provided strictly for entertainment, lifestyle, and consumer audio enhancement purposes.

• The software is not a medical device, hearing aid, diagnostic tool, or clinical treatment for hearing loss or any other medical condition.
• The software has not been evaluated, cleared, or approved by the Food and Drug Administration (FDA) or any other medical regulatory body.
• It is not intended to diagnose, treat, cure, or prevent any hearing impairment, disease, or medical condition. If you experience hearing difficulties, discomfort, or medical issues, you should consult a licensed audiologist or physician immediately.

1.5 Limitation of Liability & Disclaimers of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an "AS-IS" and "AS-AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Hear It Technologies LLC dba Punk Audio and its officers, directors, employees, and agents shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages—including hearing discomfort, auditory fatigue, data loss, or device damage—arising out of or in connection with your use of or inability to use the Service.

1.6 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Hear It Technologies LLC dba Punk Audio operates, without regard to its conflict of law principles.

Section 2: SMS/MMS Mobile Messaging Terms and Conditions

The Punk Audio mobile message service (the "SMS Service") is operated by Punk Audio. Your consent, enrollment, and use of the SMS Service constitute your explicit agreement to these mobile-specific terms and conditions.

2.1 Program Description

We may send administrative alerts, account updates, and promotional messages via SMS or MMS regarding your participation in our platform, community events, and "Who Has the Best Ear?" music challenges, including new challenge notifications and friend competition updates.

2.2 Message Frequency

Message frequency varies based on your activity and interactions within the platform.

2.3 Cost and Charges

Message and data rates may apply to each text message sent or received in connection with the SMS Service, as determined by your wireless communications service provider. Please contact your mobile carrier for details regarding your specific pricing plan.

2.4 Opt-Out Instructions

You may cancel or opt out of the SMS Service at any time. To stop receiving messages, reply STOP to any text message received from us. Upon doing so, you may receive a single, final opt-out confirmation message, after which no further text messages will be sent to your mobile device unless you re-enroll.

Complete opt‑in workflow description

1. User navigates to the public Punk Audio website/app onboarding screen.
2. User enters their mobile phone number into the designated profile settings field.
3. Directly adjacent to the phone number input field, the user is presented with an explicit consent disclosure and an unchecked opt-in checkbox (unchecked by default).
4. The user must manually check the box to consent to receive SMS updates from Punk Audio.
5. Once checked, the user clicks "Save Profile" or "Verify Phone," triggering a double opt-in verification or welcome message.
6. Publicly accessible links to our Privacy Policy and Terms & Conditions are permanently displayed directly beneath the opt-in form.

Opt‑in disclosure language (shown to user)

Opt‑out & HELP keyword responses

• Opt-Out: "Punk Audio: You have successfully unsubscribed from SMS alerts. No further messages will be sent. Reply START to resubscribe."
• Help: "Punk Audio: For assistance, visit punkaudio.com/support or email support@punkaudio.com. Msg&data rates may apply."

2.5 Help and Support

For assistance, questions, or customer support regarding our messaging program, reply HELP to any message received from us, or contact our support team directly via email at contact@punkaudio.com.

2.6 Carrier Disclaimer

The SMS Service is offered on an "as-is" basis, may not be available in all geographical areas at all times, and may cease to function properly in the event of product, software, coverage, network, or structural changes implemented by your wireless carrier. Carriers are not liable for delayed or undelivered messages.

Section 3: Beta Tester Agreement & Specific Disclaimers

If you participate in our pre-release testing program, you acknowledge and agree to the following additional terms:

3.1 Scope of Beta Participation

By checking the designated acknowledgment box, clicking "Join Beta", or downloading/accessing pre-release beta software, you acknowledge that you are participating in an experimental evaluation program for unreleased features and technologies.

3.2 Confidentiality Obligations

• You acknowledge that the beta software, including all related code, audio algorithms, user interfaces, documentation, features, and pre-release information (collectively, the "Confidential Information"), are the exclusive, proprietary property of Hear It Technologies LLC dba Punk Audio.
• You agree to keep all Confidential Information strictly confidential and secure.
• You will not copy, distribute, publish, reverse-engineer, decompile, or share screenshots, audio samples, performance metrics, or details of the beta software with any third party, public forum, or social media platform without prior express written consent from Hear It Technologies LLC dba Punk Audio.

3.3 "As-Is" Beta Software & Feedback Assignment

• You understand that the beta software is an experimental version that may contain bugs, errors, instability, or cause unexpected device behavior.
• Any feedback, bug reports, data logs, suggestions, or creative ideas you provide regarding the beta software become the absolute and exclusive property of Hear It Technologies LLC dba Punk Audio, and we may utilize such feedback freely without restriction, attribution, or financial compensation to you.