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SILENTMODE TERMS OF USE


1. These terms

1.1 These terms of use (“Terms”) govern your use and access to our products and services, including the Powermask and other wearables sold by Silentmode (“Products”), our websites www.silentmode.com and www.breathonics.com (“Website”), the Breathonics by Silentmode App (“App”) and our notifications and any information or content appearing therein (collectively our “Platform” and our “Services”).
 
1.2 Incorporated in these Terms are the following:
  1. our Privacy Policy which can be found which sets out how we collect and use personal information;
  2. our Acceptable Use Policy which is set out at the end of these Terms.
1.3 By using the Platform, you agree to these Terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these Terms on behalf of that entity.
 
1.4 If you don’t agree with any of these Terms or don’t understand them, please don’t use our Platform and uninstall our Platform from all of your devices.
 

2. About us and how to contact us

2.1 We are Silentmode Limited (“Silentmode”, “we”, “us”, “our”) a private incorporated in Hong Kong with company number 2499640 and having its registered office at 7/F, Block A, 35 Aberdeen Street, Central, Hong Kong trading as ‘Silentmode’.
 
2.2 For any questions or problems relating to our Platform, our or Services, or these Terms, including the Privacy Policy, you can contact us by emailing our customer service team at customer@silentmode.com.
 
2.3 Please refer to our Privacy Policy which is available here (https://silentmode.com/pages/privacy-policy). For information about what personal data we collect and what we do with it. It is important that you read our Privacy Policy, which may be updated from time to time, and understand how we use personal information and the rights that you have about your information.
 
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
When we use the words "writing" or "written" in these terms, this includes emails
 

3. Changes of terms

3.1 We may amend these Terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our Services after the changes come into effect means that you agree to be bound by the revised Terms.
 

4. Availability of our Services

4.1 We are constantly changing and improving our Platform and the Products and Services we provide. We may from time to time change or discontinue any of the Products or Services we offer, or add or remove functionalities or features, and we may suspend or stop certain Products, Services, functionalities or features altogether. If we discontinue certain Products, Services, functionalities or features, we will give you advance notice where reasonably possible.
 
4.2 We may release Products, Services, functionalities or features that we are still testing and evaluating. We will label such Services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta Services are not as reliable as other Products or Services we offer.
 
4.3 We reserve the right to limit your use of our Platform and the Services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any Services we provide.
 
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
 
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
 

5. Your account and password

5.1 A person is considered to be an applicant (“Applicant”) if that person has begun the process of registration of an account on the Platform (“User Account”) but has not received confirmation of service (“Membership”). An Applicant becomes a member (“Member”) only after the full process of registration has been completed, payment has been processed (unless on a free trial basis) and we confirm that the Membership registration is complete and you are a Member. Member registration confirms your agreement to these Terms.
 
5.2 You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a Member. Individuals under the age of 18, or the applicable age of majority, may utilise the Platform only with the involvement and consent of a parent or legal guardian, under such a person's User Account and subject to these Terms.
 
5.3 You agree not to create a false identity or give any false information, including email addresses, for the purpose of misleading or any other purposes.
 
5.4 These Terms refer to the Member as an individual. For companies, clubs, organisations, or other groups, a separate application system is used. Please contact us directly for these terms.
 
5.5 As a Member you agree that the material and content contained within or provided by Silentmode is for use by you and may not be used for commercial purposes or distributed commercially.
 
5.6 Membership may be refused by Silentmode, at the sole discretion of Silentmode. An Applicant may be deemed incapable of receiving Membership for the reasons below:
  1. The Applicant is shown not to exist.
  2. The Applicant is already a Member.
  3. The person has been banned from the Platform previously for activities that Silentmode has deemed in violation of the Terms.
  4. Information provided by the Applicant in the registration process has been deemed untrue, misleading, incomplete or in any manner incomprehensible.
  5. The credit company or other financial services company dealing with the Membership payment system elected not to authorise payment for reasons beyond the Company's knowledge.
  6. The Applicant has previously been a Member and has had an inappropriate payment of fees record in the past.
  7. The Applicant does not have the legal standing to agree to these terms due to age, mental ability, or legal requirement of guardianship.
  8. Any other reason that Silent Mode in its absolute discretion deems rational to disallow Membership.
5.7 If Silent Mode confers Membership to an Applicant who later is shown to have failed to satisfy these Terms, Silent Mode reserves the right to revoke the Membership.
 
5.8 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
 
5.9 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
 
5.10 You must inform the Company immediately if you have any reason to believe that a password has become known to someone not authorised to use it or if a password is being or is likely to be used in an unauthorised way.
 
5.11 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
 
5.12 You agree to follow our Acceptable Use Policy, which is set out at the end of these Terms.
 

6. Use of the Platform

6.1 You must comply with these Terms, including our Privacy Policy, Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
 
6.2 We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the Services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these Terms.
 
6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
 
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
 

7. Your rights

7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.
 
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
 
7.3 You warrant that Your Content is not and will not infringe the rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
 
7.4 If you believe your intellectual property rights have been infringed, please contact us at customer@silentmode.com.
 

8. Our rights

8.1 All intellectual property rights subsisting in the Platform or the Products or Services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. The system, layout, design, and content of the Platform are protected by copyright and may not be reproduced, mirrored, mimicked, reverse engineered, or broadcast without the express permission of Silent Mode.
 
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminatory, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing the rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
 
8.3 Our names “Silent Mode” and “Breathonics” and our other marks and logos are our trademarks (be they registered or unregistered) and may not be used without our express prior written consent.
 

9. Feedback

9.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any Products or Services we offer, without any payment to you.
 
9.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
 

10. Medical disclaimer

10.1 Silentmode is a provider of online and mobile audio content in the health and wellness space. We are not a licensed healthcare provider or medical device provider, and our Platform, Products and Services do not constitute medical advice and we have no expertise in diagnosing, examining, or treating medical conditions of any kind. Only your doctor, healthcare provider or other professional can provide medical advice.
 
10.2 Silentmode makes no claims, representations or guarantees that the Platform, Products or Services in any way provide users with any medical or therapeutic benefit or are fit for any other purpose.
 
10.3 You understand and agree that the Platform, Products and Services and related advice and other materials and information published on the Platform (or otherwise) relating to the Products and Services are for information purposes only and are not intended to be relied upon for any purpose, including therapeutic, medical or diagnostic-related purposes and they are not intended to replace the relationship between you and your doctor, healthcare provider or other professional you are working with, based on your individual condition and circumstances.
 
10.4 You understand that it is your responsibility to seek advice from a doctor, healthcare provider or other professional regarding your health and any condition physical, mental and/or emotional that could interfere with your judgment, or affect your health in any way, resulting from the use of Platform and the Products and Services.
 
10.5 In rare cases, users experience light-headedness, nausea, tingling, numbness and/or blackouts when using the Products and Services. If you experience any of these symptoms you must immediately cease all such use and seek advice from your doctor or other healthcare professional.
 

11. Limitation on liabilities

11.1 Some countries or jurisdictions may not allow some of the disclaimers in these Terms, in which case these disclaimers will not apply to you. You may also have certain legal rights as a consumer and nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
 
11.2 To the fullest extent permitted by law, we, Silentmode (including our group companies) affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform, the Products and Services, as follows:
  1. we provide the Platform and the Products and Services on an “as is” and “as available” basis, and your access to or use of our Platform and Products is at your own risk;
  2. we give no assurance, representation or warranty of any kind (whether express or implied) regarding the information provided on the Platform or any Products or Services we provide;
  3. we expressly disclaim all warranties and representations (for example, warranties of fitness for a particular purpose, and non-infringement);
    1. we are not responsible for;
    2. any delay or disruption in our Platform or Products or any defect, viruses, bugs or errors;
    3. the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline);
    4. the inability of a Member to find session to match the Member's preferred method or use;
    5. difficulties that may arise due to the time difference between the Member's location and the physical location of the Platform servers; or
    6. access of the Platform being interrupted or terminated by and restricted to internet services and providers, system failure, viruses, natural disasters, political acts, or war.
11.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
  1. any indirect, incidental, special, exemplary, consequential or punitive damages;
  2. any loss of data, business, opportunities, reputation, profits or revenues; or
  3. relating to the use of our Platform or the Products or Services we offer.  
11.4 The limitations of liability in this warranty do not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence; (iv) or a culpable breach of major contractual obligations. A damages claim based on a breach of major contractual obligations or gross negligence will be limited to foreseeable damages.  
 
11.5 Other than the types of liabilities that we cannot limit by law, the liability of Our Entities to you (on aggregate) are limited to the amount you have paid to us (if anything) for the use of our Platform and the Products and Services, purchased over the last twelve (12) months.
 

12. Your representations

12.1 As a Member, by using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
 
12.2 You understand the contents of clause 10 (Medical Disclaimer) and the other Terms and you agree that your use of the Platform and the products and Services is entirely at your own risk and subject to the Terms..
 
12.3 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these Terms (including our Privacy Policy and Acceptable Use Policy) on behalf of that entity.
 

13. Indemnity

13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) a breach of these terms by you, (ii) the use of our Platform by you and/or (iii) any misrepresentation made by you.
 
13.1 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
 

14. Termination

14.1 These terms will continue to apply until terminated by either you or us as follows.
 
14.2 You may stop using the Platform any time by deactivating your account.
 
14.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
  1. you are in serious or repeated breach of these Terms (including a prolonged failure to settle any payment);
  2. you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
  3. we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
  4. our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
 
14.4 Where we consider necessary or appropriate, we will report any breach of these Terms (including the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
 

15. Entire agreement

15.1 These Terms (including the Privacy Policy) constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
 
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
 

16. Other important terms

16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any Products not provided.
 
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
 
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
 
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
 

17. Applicable laws

17.1 These Terms will be interpreted in the English language and in accordance with Hong Kong Law.
 
17.2 If any legal action is sought or is to be brought against the Company, the Courts of the Hong Kong SAR is the court of first jurisdiction.
 

18. Acceptable Use Policy

18.1 As part of these Terms, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
  1. use our Platform for unlawful, unauthorised or fraudulent purposes or to send receive, upload, download, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene, or menacing;
  2. use the Platform to conduct acts which appear to be criminal by reasonable observance;
  3. use the Platform to conduct acts or prepare to conduct acts that are considered harmful to minors or be discriminatory;
  4. re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
  5. probe, scan, or test the vulnerability of any system or network;
  6. use the Platform for any political, religious, or other acts that may be deemed as similar;
  7. breach or otherwise circumvent any security or authentication measures or service use limits;
  8. access, tamper with, or use non-public areas or parts of the Platform;
  9. interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
  10. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
  11. access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
  12. send unsolicited communications, promotions or advertisements, or spam;
  13. forge any TCP/IP packet header or any part of the header information in any email;
  14. send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
  15. conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
  16. abuse referrals or promotions;
  17. post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
  18. use the Platform to conduct acts which are considered damaging to Silentmode or the Platform in any way;
  19. violate the letter or spirit of our Terms;
  20. violate any applicable laws or regulations in any way;
  21. mirror any material contained on the Platform or any other material provided to you by us;
  22. violate the privacy or infringe the rights of others;
  23. pretend to be Silentmode or pretend that we endorse you in any way;
  24. record or analyse info of other Silentmode customers; or
  25. use software programs or methods that automatically analyse our programs.

Last updated: February 2020