Terms of use

These Terms of Use and License Agreement create a contract between You and Tyxit SA (the “Agreement”).   Publication Date: April 1st 2023, Effective Date: April 15th 2023. These Terms and Conditions supersede all previous versions. Welcome to SONIX®, a service provided by TYXIT SA (“SONIX”, “TYXIT SA “, “We”, “Us” and “Our”, referred below as “the Licensor”),  registered under CH-550-1185270-2, to You (“User”,” You”, and “Your”, referred below as “the Licensee”). These Terms of Use govern Your use of sonixapp.com, sonix.gg, sonix.app and tyxit.com (together, the “Website”), our desktop software (“SONIX App”, “Software”) and all related players, widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by TYXIT (the “Services”). These Terms of Use and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the “Agreement”), between You and SONIX in relation to Your use of the Website, the Software and Services (together, the “Platforms”). Please also be sure to review our Privacy Policy and Cookies Policy for more information on how we collect and use data relating to the use and performance of the Platforms, as well as our responsibilities and Your rights in relation to any processing of Your personal data. PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE USING THE SONIX SOFTWARE. BY USING THE SONIX SOFTWARE, You AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF USE. IF You DO NOT AGREE TO THE TERMS OF USE, DO NOT INSTALL AND/OR USE THE SOFTWARE. THE SOFTWARE IS CURRENTLY AT BETA (“BETA”) VERSION. Be aware that this Software is a BETA version. BETA versions are provided AS IS, may contain bugs, errors or other defects, and Your use of an BETA version is at Your sole risk. In addition, Tyxit SA does not assert that a BETA version will ever be made generally available and reserves the right to discontinue or modify an BETA version at any time without notice. We do not provide any support and maintenance for the Software. You will find the following sections in this Terms of Use:

1. Acceptance of Terms of Use & minimum age: Basically, by using the Platforms, You accept our Terms of Use and agree to abide by them. We also define the minimum age required to download the App and use the Services.
2. Changes to Terms of Use: Section explaining that our terms of Use may change from time to time, typically as over time our product would evolve as well as regulations.
3. Description of the Platforms: It describes our Platforms, its features and functionality as well as some key requirements that are required for the Platforms to perform its functions.
4. Your SONIX account: It explains Your responsibilities as soon as You choose to register for a SONIX® account.
5. Your License to Use of the Platforms: It explains the scope of Your right to use the Platforms, and the conditions that apply to Your use of the Platforms.
6. Code of Conduct: Describe what we do not authorize as behavior on our Platforms.
7. Content: ownership and liability: It explains content ownership, but also duty about Your content as well as others content, typically when it comes to copyright infringement.
8. Grant of License to others: this section explains how Your content could be used on SONIX and the permission that You grant, typically to allow to stream a team-play
9. Representations & warranties: You ensure that You have checked that You have the full rights to share every part of the content, should You share it to others.
10. Liability for content: This section explains that SONIX is a hosting service and that its users are solely liable for material that they upload to
11. Reporting infringements: This section explains how to notify us of any content on our Platforms that you believe infringes your copyright or any other intellectual property right, or that is unlawful, abusive, defamatory or otherwise contrary to our Terms of Use
12. Commercial terms and conditions: You may buy some Services on our Platforms and we thank you for this. This section describes the engagement you take when you buy.
13.  Subscription to Features and Services: This section describe that you can take subscription of some of our Services, and how you can cancel your purchases in certain circumstances
14. Rewards within the SONIX App: This section covers the Xcoins, this awesome internal money that you can earn with some specific reward scheme, and that you can use to purchase a selection of Services on the SONIX App.
15. Third party websites and services: We explain the relationship we have with some of our partners, in case we promote them to you when we think that will bring you some value.
16. Disclaimer: The Software is provided as is. We explain here that SONIX cannot give any guarantees that the Platforms will always be available as you may expect – sometimes even a Software as awesome as ours will have a few problems.
17. Limitation of Liability: This section explains some of those things that SONIX will not be liable for. Please make sure you read and understand this section.
18. Indemnification: If you use the Platforms in a way that results in damage to us, you will need to take responsibility for that.
19. Data protection, privacy and cookies: It is really important to us that you understand how we use your personal information. All information is collected, stored and used in accordance with our Privacy Policy, so please make sure that you read and understand that policy. Like most other websites, we also use cookies to help us analyze how people use our Platforms, so that we can keep improving our service. Our use of cookies is explained in our Cookies Policy.
20. Changes to the Platforms, accounts and pricing
21. Termination: This section explains how you can terminate your SONIX account, and the grounds on which we can terminate your use of the SONIX App.
22. Assignment to third parties: This section deals with SONIX’s right to transfer this agreement to someone else.
23. Severability: This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
24. Entire agreement: Your use of our Platforms is governed by these Terms of Use, our Privacy Policy and Cookies Policy. Any changes need to be made in writing.
25. Third party rights: These Terms of Use apply to the relationship between you and SONIX only.
26. Applicable law and jurisdiction: All of our documents are generally governed by Swiss law.
27. Disclosures: This section provides information about SONIX, including how to contact us.

1. Acceptance of Terms of Use and minimum age

Please read these Terms of Use, Privacy Policy and Cookies Policy very carefully. If You do not agree to any of the provisions set out in those documents, You should not use the Website, our Platforms or any of the Services.  By accessing or using the Platforms, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platforms, You represent and warrant that You have read and understood the Terms of Use, will abide by them, and that You are either 18 years of age or more, or the applicable age of majority in Your jurisdiction, or if You are under 18 years of age or the age of majority in Your jurisdiction, You are 16 years of age or more if You reside in the European Union and UK or 13 years of age or more if You reside in the United States or anywhere else.

2. Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Platforms, at our discretion. The date of last modification is stated at the beginning of these Terms of Use. It is Your responsibility to check this page from time to time for updates. When we make any material changes to these Terms of Use, we will provide You with prominent notice under the circumstances, including for example displaying a notice within the Platforms and/or by sending You an email to the email address that You have provided us or a message to Your SONIX account, and the revised Terms of Use will become effective two (2) weeks after such notification. You will have no obligation to continue using the Platforms following any such notification, but if You do not terminate Your account as described in the Termination section below during such two (2) week period, Your continued use of the Platforms after the end of that two (2) week period will constitute Your acceptance of the revised Terms of Use.

3. Description of the Platforms

The Software is primarily a communication service that runs on Microsoft Windows versions 10 and 11. Registered users of the Platforms may connect to other Registered users, communicate via audio and/or video, record audio and video streams, exchange text and audio messages, upload and share pictures as well audio and video files, graphics, comments, and other content, data or information (“Content”). Some of those Content may be stored by SONIX such as Your profile picture, text, audio and video chat messages. Most of those stored Content aim at enabling users to quickly connect or reconnect with other users with some level of persistence of previous exchange. Some features of our Platforms are only available to registered users who subscribe to a certain Service. A certain portion of SONIX however remains free for users. In order to make a certain portion of the Platforms available for free and provide You with personally relevant features, we may serve tailored ads on the Platforms on behalf of third party advertisers. To that end, we use information that You make available to us when You interact with the Platforms to inform the nature of the ads we show You and provide You with a customized experience. More information on how we use data to show You personalized ads is described in our Privacy Policy. We may, from time to time, release new tools and resources on the Website, release new versions of our Software, or introduce other services and/or features for the Platforms. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features. As an online communication service, the use of that Services requires one or more compatible devices and Internet access. Because the use of the Services involves Software and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended.

4. Account

You are obliged to register to use the Platforms to access the SONIX App and Services. Your Account is personal to You and You are not entitled to transfer Your Account to any other person.  When You register to use the Platforms, You will provide us with Your email address, and will choose a username and password for Your account. You must ensure that the email address that You provide is, and remains, valid. Your email address and any other information You chose to provide about Yourself will be treated in accordance with our Privacy Policy. Alternatively You may login using Your Discord or Google account. You are solely responsible for maintaining the confidentiality and security of Your username and password, and You will remain responsible for all use of Your username and password, and all activity emanating from Your account, whether or not such activity was authorized by You. SONIX requires You to ensure that any information You provide to them during registration and at any other time is true, accurate, current, and complete to the best of Your knowledge. If Your username or password is lost or stolen, or if You believe that Your account has been accessed by unauthorized third parties, You are advised to notify SONIX in writing, and should change Your password at the earliest possible opportunity. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. SONIX has the right to delete Your Account at any time and without notice and explanation. Your data will be deleted when SONIX no longer needs data are only kept for the time strictly necessary for the purposes stated above or to meet the legal obligations of SONIX.  SONIX is not responsible to You for any loss that You suffer as a result of an unauthorized person accessing Your Account and/or using our Services and We accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise. You may terminate Your account at any time as described in the Termination section below. We reserve the right to delete Your Account (and all Your data) if no activity is conducted by You in relation to the Account for three (3) years. You will be noticed one (1) month before deletion. You understand that if You delete Your Account, or if We delete Your Account in accordance with these terms, You may lose access to any data previously associated with Your Account.

5. Your license to use of the Platforms

Subject to Your strict compliance with these Terms of Use at any and all times during Your use of the Platforms, SONIX grants You, for a private and domestic use only, a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to access and/or use the Software (but not the associated object and source codes). You agree not to use our services for any other purpose. These Terms also apply to any update or patch that We may release or make available for any of the Services and such update or patch shall be considered part of the Services for purposes of these Terms.  If You are a for-profit or a not-for-profit “Organization”, and You want to use our Software, You must first contact us at this email address:  sales@tyxit.com. “Organization” means an entity, such as but not limited to a company, an institution, school, or an association.     License covers the following, if strictly done in accordance with these Terms of Use and any other applicable terms posted on our Platforms, or applicable to those Apps or Services from time to time: (i) use of the multi-user audio and video communication channel, use of the chat-bar channel including text messages, soundmojis, emojis and mascots and the use of the audio recording and screen sharing functions. (ii) share, post and stream Content from the Software; (iii) participate in the community areas and communicate with other members of the SONIX community; and (iv) use SONIX App and other Services provided as part of the Platforms. The Software visual interfaces, Content and any data accompanying this Agreement, on any media or in any other form are licensed, not sold, to You by SONIX for use only under the terms of this Agreement. SONIX retains ownership of the Software itself and contents and reserves all rights not expressly granted to You. You agree that the terms of this Agreement will apply to this Software Title and intellectual property rights in and to any Content displayed by or accessed through the Software belongs to the respective Content owner. This Content may be protected by copyright or other intellectual property laws, and may be subject to the terms of use of the third party providing the Content. Tyxit SA does not grant You any rights to use such Content nor does it guarantee that such Content will continue to be available to You.  

6. Code of conduct

The licenses are conditional upon Your strict compliance with these Terms of Use at any and all times during Your use of the Platforms, including, without limitation, the following: (i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio, images or video Content from the Platforms or any part of the Platforms. (ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platforms at any and all times, except (i) where such Content is Your Content at any and all times during Your use of the applicable Content, or (ii) as permitted under these Terms of Use. (iii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Software or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platforms, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content. (iv) User must take all necessary and reasonable precautions to prevent others from using the Software in a manner that would constitute a breach of this Agreement, including, without limitation, those precautions that User would otherwise take to protect its own software. (v) You must not use the Platforms to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:

• any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in SONIX’s reasonable discretion;
• any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
• any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in SONIX’s reasonable opinion;
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platforms or servers or networks forming part of, or connected to, the Platforms, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platforms; or
• any unsolicited or unauthorized advertising, promotional messages, spam,  ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation or any other form of solicitation;
• that is or could reasonably be viewed as invasive of another’s privacy or as violating any privacy rights, such as the registration of the voice or the image
• information that You are not legally allowed to share (such as insider information, information that belongs to someone else, or sensitive information);

(vi) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation. (vii) You must not rent, sell or lease access to the Platforms. (viii) You must not deliberately impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person. (ix) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any SONIX employee. (x) You must not use or attempt to use another person’s account, password, or other information, unless You have express permission from that other person. (xi) You must not sell or transfer, or offer to sell or transfer, any SONIX account to any third party without the prior written approval of SONIX. (xii) You must not collect or attempt to collect personal data, IP addresses, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. (xiii) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by SONIX; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, a server or account which You are not authorized to access; attempt to scan or test the vulnerability of SONIX’s servers, system or network or attempt to breach SONIX’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking SONIX’s  servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of SONIX under these Terms of Use, SONIX reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. (xiv) You must not interfere with or disrupt our Services, servers, or networks that provide our Services; (xv) You must not disrupt the normal flow of a audio or video session; (xvi) You must not disobey any requirements or regulations of any network connected to our Services; (xvii) You must not Alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Software or any Content appearing on the Software. This means, but is not limited to, that by capturing images and videos, You agree to keep the Tyxit logo and all design elements referring to the Software.  Here are the measured that SONIX has put in place to protect users for problematic contents: Chat messages: Users have the capability to “flag” any chat message by clicking on the “three-dot menu” on the right side of the messages. The SONIX team will then be informed automatically of this flagged message and will be able to act depending on the gravity of the situation: send a warning, block the user or delete the account. The appropriate action will be taken after detailed review of the claim. Meanwhile, the flagged chat message will be removed from the chat. Crew & communities adhesion & withdrawal:if the user is admin of a crew or a community, he can remove other users from that crew or community from his settings.  If the user is simply part of a crew or a communitie he can quit it, from his settings. Direct Messages (DM): the user has also the capability to delete Direct Messages from another user. A user can accept or reject any invitation (DM, crew, community) from other users Digital assets in the Marketplace: A method for filtering objectionable content: contents that are being uploaded on the SONIX  marketplace by partners will be reviewed by our internal team before publishing. This is done through the partner’s admin panel. In case the content violates any of the points above, SONIX will inform the partner and block that content preventively, then discuss with the partner the reasons for violations. General flag mechanism: A mechanism for users to flag objectionable content: If You are concerned that any other User is not complying with any part of these terms, please contact Us here: moderation@sonixapp.com or  moderation@tyxit.com

General mechanism in case of harassment: If a user is abusing another one, he has the capability to inform SONIX by sending an email via moderation@tyxit.com or moderation@sonixapp.com providing the basics information of both parties such as username and context of the abuse, so that SONIX can investigate further. For any other reported problematic content, either on SONIX marketplace, private discussion or public discussion, SONIX will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content. You agree to comply with the above conditions at any and all times during Your use of the Platforms, and acknowledge and agree that SONIX has the right, in its sole discretion, to terminate Your account or take such other action as we see fit if You breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

7. Content: Ownership & Liability

Any and all audio, video, text, soundmojis, photos, pictures, graphics, comments, and other content, data or information that You record, upload, store, transmit, submit, exchange or make available to or via the Platforms (hereinafter “Your Content”) is generated, owned and controlled solely by You, and not by SONIX. SONIX does not claim any ownership rights in Your Content, and You hereby expressly acknowledge and agree that Your Content remains Your sole responsibility. Without prejudice to the conditions set forth in Your Use of SONIX, You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which You do not hold the necessary rights. In particular, any unauthorized use of copyright protected works within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platforms), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of Your access to the Platforms as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. We do not control Content posted on our Services by other people and therefore We do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, You may be exposed to Content that You may consider offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services. If You are concerned that any other User is not complying with any part of these terms, please contact Us here: iprights@tyxit.com   If We determine, at our sole discretion, that uploaded Content violates any of these terms or may bring Us or our Services into disrepute, We may remove it from our Services. However, You acknowledge that We do not actively monitor Content that is contributed by people that use our Services and We make no undertaking to do so.   The Content that You contribute will be used solely at Your own risk. SONIX will not be liable for any loss or damage resulting from Content (Yours or another user’s), including but not limited to defamation, harassment, or false endorsement claims. Even though SONIX has no legal obligation to monitor the Content on the Software, SONIX reserves the right to block, remove, or delete any Content at any time, or to limit or restrict access to any Content, for any reason and without any liability, including but not limited to, if we have reason to believe that such an action is necessary, believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, or applicable law, or is otherwise unacceptable to SONIX. We may, from time to time, invite or provide You with means to provide feedback regarding the Platforms, and in such circumstances, any feedback You provide will be deemed non-confidential and SONIX shall have the right, but not the obligation, to use such feedback on an unrestricted basis. Using the service, You agree that You are solely responsible for the Content displayed by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights.   Under no circumstances will SONIX be liable in any way for any: (i) content that is transmitted or viewed while using the Services; (ii) errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. We reserve the right to delete Content, at any time, without prior notice to You, if We consider that it violates this Agreement or any law. Content You submit, post, or display on or through the Services remains Your property, including any copyrights You hold. Our Software includes functionality that may allow You to participate in text and/or video chat with other users. You may be able to: (i) participate in video chat with Your contacts through the Software; (ii) participate in text chat with other players; (iii) invite Your personal contacts to join a video chat through the Software. You must only invite people that have consented to receive such an invitation from You and who do not consider such messages unwanted or unsolicited. You are responsible for compliance with all recording laws. You must not record any video chats if You don’t have the express consent of the User/Users.

8. Grant of license to others

SONIX is a multi-person interaction App, using audio, video and text. A large portion of our users expressed the wish to share or stream the Content they are creating when playing, creating, interacting. Typically gamers would want to share their screen directly onto other streaming Platforms. Because it is a multi-user App, this implies that You may either stream Your screen while interacting with others, and vice-versa someone may stream his screen that contains some of Your information and Content. Therefore, by accepting this Terms of Use, You grant any member of that studio/crew the right to stream out their screen, which may or may not contain information about You, text message exchange, audio or video stream. In particular, You grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users that You were interacting with, to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platforms from time to time.  By posting or streaming Your Content on other media, by using screen sharing it will most likely mean also diffusing or streaming some of the SONIX intellectual property, including for example User Interface, logo and various designs. In this case, SONIX grants You the right to stream those intellectual property rights, but in return, You grant to SONIX the right to re-post, re-share Your diffused Content, on SONIX’s personal social media and public documentations, in the form of photos, text or videos. You grant such licenses to SONIX on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. In addition, SONIX will acknowledge You as the source of the Content when sharing those Contents. The licenses granted in this section are granted separately with respect to each item of Your Content that You generate on the Platforms. Licenses with respect to comments or other contributions that You make on the Platforms will be perpetual and irrevocable, and will continue notwithstanding any termination of Your account. You hereby acknowledge and agree that once Your Content is distributed to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services  (the “Linked Services”), SONIX is not obligated to ensure the deletion of Your Content in any of the other media where Your Content is present.

9. Representations and warranties

You hereby represent and warrant to SONIX as follows:  (i) Your Content that is being either recorded and shared or streamed out to other media, and each and every part thereof, is an original work by You, or You have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize SONIX to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platforms, any and all Services and any Linked Services. (ii) Your Content and the availability thereof on the Platforms does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information. (iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platforms and via any Linked Services. (iv) Your Content, including any comments that You may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation. (v) Your Content does not and will not create any liability on the part of SONIX, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. SONIX reserves the right to remove Your Content, suspend or terminate Your access to the Platforms and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

10. Liability for content

You hereby acknowledge and agree that SONIX: (i) stores Content and other information at the direction, request and with the authorization of its users;  (ii) acts merely as a passive conduit and/or host for the streaming, storage and distribution of such Content, and; (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that You upload, post or distribute to, on or through the Platforms, and to the extent permissible by law, SONIX excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that SONIX cannot and does not review the Content created or uploaded by its users, and neither SONIX nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platforms for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. SONIX and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platforms by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platforms. By using the Platforms, You irrevocably waive the right to assert any claim with respect to any of the foregoing against SONIX or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

11. Reporting infringements

If You discover any content on the Platforms that You believe infringes Your copyright or trademark, please report this by sending us an email at iprights@tyxit.com Please make sure that You include the following information:

• a statement that You have identified Content on SONIX that infringes Your copyright or the copyright of a third party on whose behalf You are entitled to act;
• a description of the copyright work(s) that You claim have been infringed;
• a description of the Content that You claim is infringing and where such Content can be located;
• Your full name, address and telephone number, a valid email address on which You can be contacted, and Your SONIX username if You have one;
• a statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• a statement by You that the information in Your notice is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed

In addition, if You wish for Your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

• with respect to Your statement that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
• Your electronic or physical signature (which may be a scanned copy).

12. Commercial terms and conditions

A number of services can be purchased on our Website as well as on the SONIX App, the commercial terms and conditions regarding the purchase of those services are: (i) All sales are final: Once a purchase is made on our website or on the SONIX App, the sale is final, and we do not offer refunds or exchanges for any reason. This includes, but is not limited to, changes of mind or dissatisfaction with the product. (ii) No exceptions: We do not make any exceptions to our no-refund policy, regardless of the circumstances surrounding the purchase. (iii) Product descriptions: We make every effort to accurately describe our products, but we do not guarantee that the descriptions are completely accurate, current, or error-free. It is Your responsibility to review the product description and ensure that the product meets Your needs before making a purchase. (iv) Technical issues: If You experience technical issues with our software service, please contact our support team immediately. We will make every effort to resolve the issue in a timely manner, but we do not offer refunds for technical issues. (v) Chargebacks and disputes: If You initiate a chargeback or dispute with Your bank or credit card company, we reserve the right to suspend or terminate Your account and any associated services or products. We may also pursue legal action to recover any funds owed to us. By purchasing our software services on our website or on the SONIX App, You agree to be bound by these terms and conditions. If You have any questions or concerns about our refund policy or these terms and conditions, please contact us before making a purchase.

13. Subscription to Features and Services

Certain features and services on the SONIX App are available to registered users under a subscription (“Subscription”), for example the “Supersonix” or the “Mascots” features and services or any other features and services available to purchase. In the payment page of those subscriptions, details about VAT and taxes will be clearly displayed, before You can effectively make the payment. Once Your payment has been received, Your Subscription will be activated, and we will send confirmation of Your activated subscription by email to the address associated with Your account; The contract for Your Subscription is concluded when You receive our confirmation email (or when we activate Your account, if this happens first), not when You make Your payment. Payments for Subscription are payable in advance and will be taken at the time the contract is concluded as described above. Payment can be made by Visa, Mastercard or PayPal and/or any other payment method that is presented to You during the purchase process. If You choose a monthly payment option, Your Subscriptions will run from month to month, and will renew automatically at the end of each monthly period, unless You cancel Your Subscription before the applicable date of renewal. Payment for the next monthly period will be taken at the applicable date of renewal. If You purchase an annual Subscription, Your initial Subscription will be for a twelve (12) month period, and Your Subscription will renew automatically for additional, successive twelve (12) month periods thereafter. SONIX will automatically charge Your payment account for the associated Subscription fee on the date of commencement of each applicable twelve (12) month renewal period, unless You cancel Your Subscription before the applicable date of renewal. You can cancel Your Subscriptions at any time on Your subscription tab on the Website, where You will also find Your Subscription expiry date. AUTOMATIC RENEWAL: AS STATED ABOVE, IF You DO NOT CANCEL YouR SUBSCRIPTION PRIOR TO THE COMMENCEMENT OF AN APPLICABLE SEVEN (7) DAYS, OR ONE (1) MONTH, OR TWELVE (12) MONTH RENEWAL PERIOD, WE WILL AUTOMATICALLY CHARGE YouR PAYMENT ACCOUNT AT THE BEGINNING OF EACH SUCCESSIVE SEVEN (7) DAY, OR ONE (1) MONTH OR TWELVE (12) MONTH PERIOD, AS APPLICABLE. Right of withdrawal: Under European law You also have a legal right to withdraw from Your purchase of an Subscription within fourteen (14) days of Your purchase, as set out below: Model instructions on withdrawal: You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the contract. To exercise the right of withdrawal, You must inform us of Your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email) at either of the following: contact@tyxit.com To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal: If You withdraw from this contract, we shall reimburse You with all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. If You requested to begin the performance of services during the withdrawal period, You shall pay us an amount which is in proportion to what has been provided until You have communicated Your withdrawal from this contract, in comparison with the full coverage of the contract. Following receipt of Your notice of withdrawal, the feature or services and associated benefits linked to the withdrawal will be removed. Change to prices: We may occasionally need to change the features of our Subscriptions and/or change the prices charged to these accounts. In the event of any increase in the price or material reduction in the features of any Subscriptions to which You subscribe, we will communicate these change(s) to You at least four (4) weeks in advance and the changes will only take effect with respect to any subsequent renewal of Your subscription.

14. Rewards within the SONIX App

Within the SONIX App, rewards mechanisms have been implemented. Those rewards will be exclusively done using Xcoins (“Xcoins”), the internal currency used within the SONIX App. Those Xcoins can be exclusively used to purchase a predefined selection of features and services within the SONIX App. Under no circumstances, those Xcoins can be monetized outside of the SONIX App, in whatever form. Under no circumstances, SONIX is liable for any loss of Xcoins, whether the loss is due to misconduct, to technical issues on SONIX side or any other reason. Under no circumstances SONIX will provide compensation for any Xcoins losses.

15. Third party websites and services

The Platforms may provide You with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “External Services”). SONIX does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, SONIX does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by SONIX with respect to the Platforms. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing Your use of these External Services, which You use at Your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect Yourself from fraud when using External Services, and to protect Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. SONIX disclaims any and all responsibility or liability for any harm resulting from Your use of External Services, and You hereby irrevocably waive any claim against SONIX with respect to the content or operation of any External Services.

16. Disclaimer

THE Platforms, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. WHILST SONIX USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE Platforms AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO SONIX’S ATTENTION, SONIX MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. SONIX DOES NOT WARRANT THAT YouR USE OF THE Platforms WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Platforms OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE Platforms OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONIX DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE Platforms WILL BE SECURE OR THAT ANY ELEMENTS OF THE Platforms DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YouR USE OF THE Platforms IS LAWFUL IN ANY PARTICULAR JURISDICTION. SONIX AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

17. Limitation of Liability

IN NO EVENT SHALL SONIX’s AGGREGATE LIABILITY TO You UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY You TO SONIX DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. SONIX AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1. ANY LOSS OR DAMAGE ARISING FROM: (A) YouR INABILITY TO ACCESS OR USE THE Platforms OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE Platforms; (B) ANY CHANGES THAT SONIX MAY MAKE TO THE Platforms OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE Platforms OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; (C) ANY ACTION TAKEN AGAINST You BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YouR CONTENT OR YouR USE OF THE Platforms, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY SONIX OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YouR USE OF THE Platforms; (D) ANY ERRORS OR OMISSIONS IN THE Platforms’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; (E) YouR FAILURE TO PROVIDE SONIX WITH ACCURATE OR COMPLETE INFORMATION, OR YouR FAILURE TO KEEP YouR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL; (F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE Platforms, ESPECIALLY IN BREACH OF THE AGREEMENT;
2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YouR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
3. ANY LOSS OF PROFITS, OR ANY LOSS You SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF SONIX BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY You AND SONIX AT THE TIME You AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YouR USE OF THE Platforms MUST BE NOTIFIED TO SONIX AS SOON AS POSSIBLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO You. IN SUCH CASES, You ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN You AND SONIX AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN You AND SONIX, AND THAT SONIX’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF SONIX, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW

18. Indemnification

You hereby agree to indemnify, defend and hold harmless SONIX, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from: (i) any violation by You of these Terms of Use ; (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platforms, and/or Your making available thereof to other users of the Platforms, and/or the actual use of Your Content by other users of the Platforms or Linked Services in accordance with these Terms of Use and the parameters set by You with respect to the distribution and sharing of Your Content; (iii) any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent unless such activity was caused by the act or default of SONIX.

19. Data protection, privacy and cookies

All personal data that You provide to us in connection with Your use of the Website or the SONIX App is collected, stored, used, disclosed and otherwise processed by SONIX in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Website or the SONIX App, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy.

20. Changes to the Platforms, accounts and pricing

SONIX reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platforms or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, SONIX shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that SONIX and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to You or to any third party for any changes or modifications to the Website, Apps and/or any Services that SONIX may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or Your possibility to use or access the same from or within any territory or territories. SONIX may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which You have purchased, such change(s) will be communicated to You and will only take effect with respect to any subsequent renewal of Your subscription. In all other cases, where SONIX proposes to make changes to any type of Subscription You have purchased, and these changes are material and to Your disadvantage, SONIX will notify You of the proposed changes by sending a message to Your SONIX® account and/or an email to the then current email address that we have for Your account, at least four (4) weeks in advance. You will have no obligation to continue using the Platforms following any such notification, but if You do not terminate Your account during such four (4) week period, Your continued use of Your account after the end of that four (4) week period will constitute Your acceptance of the changes to Your Subscription

21. Termination

You may terminate this Agreement at any time by sending notice in writing to SONIX at Rue de Galilée 7, 1415 Yverdon-les-bains, Switzerland confirming such termination, by removing all of Your Content from Your account, or by deleting Your account and thereafter by ceasing to use the Platforms. If You have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of Your Subscription, nor any Xcoins credited in your account. Xcoins cannot be transferred to another account. SONIX may suspend Your access to the Platforms and/or terminate this Agreement at any time if (i) You are deemed to be a Repeat Infringer as described above; (ii) You are in breach of any of the material provision of these Terms of Use, including without limitation, the provisions of the following sections: Your Use of the Platforms, Your Content, Grant of Licence, and Your Representations and Warranties; (iii) SONIX elects at its discretion to cease providing access to the Platforms in the jurisdiction where You reside or from where You are attempting to access the Platforms, or (iv) in other reasonable circumstances as determined by SONIX at its discretion. If You have a Subscription and Your account is suspended or terminated by SONIX pursuant to (i) or (ii) above, You will not be entitled to any refund for any unexpired period of Your subscription. If Your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of SONIX. Once Your account has been terminated, any and all Content residing in Your account, or pertaining to activity from Your account (for example, data relating to the distribution or consumption of Your sounds), will be irretrievably deleted by SONIX, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that You have uploaded to Your account before terminating Your account, as SONIX assumes no liability for any material that is irretrievably deleted following any termination of Your account. SONIX is not able to provide You with any .csv or other similar file of data relating to activity associated with Your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via Your account page on the Website for as long as Your account is active. If You access the Platforms via any of our Apps or via any third party app connected to Your account, deleting that app will not delete Your account. If You wish to delete Your account, You will need to do so from the Account page within Your Settings on the SONIX App. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your SONIX Account, Your Content, Grant of License , Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.

22. Assignment to third parties

SONIX may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of SONIX. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of SONIX.

23. Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

24. Entire agreement

These Terms of Use constitute the entire agreement between You and SONIX with respect to Your use of the SONIX App and the Website, and supersede any prior agreement between You and SONIX. Any modifications to this Agreement must be made in writing. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

25. Third party rights

These Terms of Use are not intended to give rights to anyone except You and SONIX. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

26. Applicable law and jurisdiction

Except where otherwise required by the mandatory law of the United States or any member state of the European Union: (i) this Agreement is subject to the Swiss laws, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and (ii) You hereby agree, and SONIX agrees, to submit to the exclusive jurisdiction of the courts in Lausanne, Switzerland for resolution of any dispute, action or proceeding arising in connection with this Agreement. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which SONIX seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by SONIX or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against SONIX, including with respect to Your Content, and Your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

27. Disclosures

The services hereunder are offered by TYXIT SA, a company incorporated under the laws of Switzerland and with its main place of business Rue de Galilée 7, 1415 Yverdon-les-bains, Switzerland. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@tyxit.com. If You are a resident of the State of California, You may have these Terms of Use mailed to You electronically by sending a letter to the foregoing address with Your electronic mail address and a request for these Terms of Use.

28. Miscellaneous

Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

29. Acceptance

All terms, conditions and obligations of this Agreement will be deemed to be accepted by the User (“Acceptance”) upon execution of this Agreement.   Note: to write those Terms of Use, we were genuinely inspired from SoundCloud. They are doing an amazing job to inform and protect their users, and themself, and we want to follow their path.