PRIVACY, GDPR COMPLIANCE & TERMS OF SERVICE

Privacy Policy
Effective date: 8 August 2020

SONIK app (“us”, “we”, or “our”) operates the www.sonik.app website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.sonik.app

Definitions
Service – Service is the www.sonik.app website operated by Sonik App

Personal Data – Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data – Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies – Cookies are small pieces of data stored on your device (computer or mobile device).

Data Controller – Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers) – Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)​ – Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Use of Data
Sonik app uses the collected data for various purposes:

To provide and maintain our Service

To notify you about changes to our Service

To allow you to participate in interactive features of our Service when you choose to do so

To provide customer support

To gather analysis or valuable information so that we can improve our Service

To monitor the usage of our Service

To detect, prevent and address technical issues

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Sonik app legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Sonik app may process your Personal Data because:

We need to perform a contract with you

You have given us permission to do so

The processing is in our legitimate interests and it’s not overridden by your rights

For payment processing purposes

To comply with the law

Retention of Data
Sonik app will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Sonik app will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Sonik app will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data
Business Transaction
If Sonik app is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement
Under certain circumstances, Sonik app may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements
Sonik app may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation

To protect and defend the rights or property of Sonik app

To prevent or investigate possible wrongdoing in connection with the Service

To protect the personal safety of users of the Service or the public

To protect against legal liability

Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Sonik app aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Sonik app relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Advertising
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

Google AdSense & DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

Behavioral Remarketing
Sonik app uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe –
Their Privacy Policy can be viewed at https://stripe.com/us/privacy

PayPal –
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

BlueSnap –
Their Privacy Policy can be viewed at https://home.bluesnap.com/privacy-policy/

Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us
If you have any questions about this Privacy Policy, please contact us:

By email: info@sonik.app

Terms Of Service

You hereby further agree that this beta testing does not constitute and shall not
constitute in the future an “offer-to-sale”. The information you may be reviewing herein
may be the subject of patents, trademarks and copyrights of the company and hence
your cooperation in maintaining confidentiality is appreciated. If you have any questions
about this agreement for confidential disclosure please do not hesitate to in touch by
sending an e-mail to: info@sonik.app. If you have any questions please let me know.
These Terms of Service (“Terms of Service” or “Agreement“) govern the services
offered by Sonik app (“Sonik app” or “us” or “we” or “our“) including the website
at www.sonik.app as well as any other related websites, toolbars, widgets, or other
distribution channels we may, from time to time, operate (collectively, “SONIK.APP“)
and any other features, content, services or applications offered, from time to time, by us
(collectively, including SONIK.APP, the “Services“).This Agreement sets forth legally
binding terms for your use of the Services. By using the Services, you agree to be bound
by these Terms of Service, whether you are a “Website Creator” (which means that you
have registered to utilize our tools to build a website (“Website“)), a “Member” (which
means that you have registered on one of the SONIK.APP hosted Websites), or a
“Visitor” (which means that you are visiting SONIK.APP or any hosted Website)). The
term “User” refers to a Visitor or a Member or a Website Creator.
By browsing or registering with, creating or using any Website or Services on
SONIK.APP you are agreeing to these Terms of Service, and these Terms of
Service along with any other guidelines we may post from time to time (collectively,
the “Guidelines“) will govern your use of the Services. PLEASE READ CAREFULLY
THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES,
AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO
THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE
USE OF THE SERVICES.

  1. Eligibility
    Sonik app offers its Services to its Users. It shall have absolute discretion as to
    whether or not it accepts a particular applicant or site for participation in any Service.
    Without limiting the foregoing, use of and membership in the Services is void where
    prohibited. By using the Services, you represent and warrant that: (a) you are fully able
    and competent to enter into the terms, conditions, obligations, representations and
    warranties set forth in these Terms of Service; and (b) If you are using or creating a
    Website on or through SONIK.APP as a representative of a company or legal entity: (i)
    you represent that you have the authority to enter into this Agreement on behalf of that
    company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement
    refers to your company or legal entity; and (c) all registration information you submit is
    truthful and fully accurate; and (d) you shall maintain the accuracy of such information;
    and (e) you are at least 13 years of age; and (f) your use of the Services does not violate
    any applicable law or regulation. You acknowledge and accept that your account and
    Website (as applicable) may be deleted and your membership may be terminated without
    notice, if, at our sole discretion, we suspect that you are in violation of any of the above
    provisions.
  2. Paid Services
    Some of the Services offered on SONIK.APP require payment of fees (“Paid
    Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees
    in connection with such Paid Services selected by you, as further described therein. You
    authorize SONIK, to make any inquiries it considers necessary to validate your account
    and financial information as provided while signing up for such Paid Services, whether
    directly or via third parties, at our discretion.
    It is hereby clarified, that all SONIK rates and fees in connection with Paid Services or
    otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable
    taxing authorities, and you shall be fully responsible and liable in connection with
    payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay
    for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to
    your use of the Services and payments made by you to SONIK APP. SONIK APP
    reserves the right to change its rates and at any time, by publishing the revised rates on
    SONIK.APP with no further notice.
  3. Password
    By becoming a Member or a Website Creator you will also be requested to choose a
    password for your account. You are solely responsible for maintaining the confidentiality
    of your password, and fully responsible for all activities that occur under your account.
    You agree not to use the account, username or password of another User at any time or
    to disclose your password to any third party or do anything else that might jeopardize the
    security of your account. You agree to notify us immediately of any unauthorized use of
    your password or account or any breach of security and understand that we reserve the
    right to take legal action against individuals who misuse accounts and memberships on
    SONIK.APP. In addition, You acknowledge and accept that we shall not be liable for
    losses sustained by you due to unauthorized use of your account and/or Website and
    that you shall be fully liable for any and all costs and/or losses sustained by us or by third
    parties due to such unauthorized use.
  4. User Data and Website Content Control
    You control the Websites you create using the Services and SONIK APP does not
    claim any ownership rights in any text, files, images, photos, videos, sounds, musical
    works, comments, recommendations, forums, listings, logos, trademarks, postings,
    messages, tags, works of authorship, animation, or any other work or authorship added
    to or submitted with any of the foregoing (collectively, “Content“) posted by you or by
    Visitors or Members of your Websites. Therefore, SONIK APP takes no responsibility
    for any Content located on your Website and SONIK APP has no obligation to monitor
    such Content or your Website. You are therefore responsible for the removal of any such
    Content that is in violation of these Terms of Service or applicable law and for ensuring
    compliance with these Terms of Service and applicable law. By visiting or becoming a
    Member of a Website created by using the Services, you agree that the Content and
    information you provide during the registration process (including your email address)
    and other interactions with the Website may be accessed by the Website Creator and
    their authorized representatives and administrators. Similarly, by adding or using a
    service provided by one of our affiliates or business partners, you agree that the Content
    and information you or your Website Visitors or Members provide in the interactions with
    your Website as well as that service may be accessed by the respective affiliate or
    business partner and their authorized representatives. We require Website Creators,
    affiliates and business partners to respect your privacy settings and our privacy
    guidelines, but your agreement with that Website affiliate or business partner will control
    how they can use the Content and information shared with them. BE SURE TO
    CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND
    PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR
    INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER. Note
    that SONIK APP cannot guarantee that such third parties will comply with their
    contractual requirements, and SONIK APP does not assume any liability or
    responsibility for any third party’s actions, or for enforcing any agreements such third
    parties may enter into with you or with us.
    As a Website Creator, you and your authorized representatives and administrators will
    have access to the email address of the Members of your Website, along with certain
    information, Content and data provided or collected during their registration and use
    of your Website (“Website Member Data“). SONIK APP may also provide you with
    access to certain Visitor data that we collect as part of our Services (collectively with
    Website Member Data and other data you collect, “User Data“). You agree to have
    a privacy policy or otherwise make it clear to your Visitors and Members what User
    Data you are going to use and how you will use, display or share that data. You further
    agree that, as between you and SONIK APP, subject to this Agreement and each
    User’s rights: (i) SONIK APP owns all right, title and interest, including all intellectual
    property rights, in and to the User Data collected by us, and (ii) you own all right, title
    and interest, including all intellectual property rights, in and to the User Data collected
    by you. Notwithstanding the foregoing, in order for SONIK APP to run your Website
    on SONIK.APP, you hereby grant SONIK APP a nonexclusive, worldwide, perpetual,
    irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to:
    (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform
    and display the User Data on or through SONIK.APP and in all current and future
    media in which the Services may be distributed; (ii) use and disclose the User Data and
    related metrics in an aggregate or other non-personally identifiable manner (including,
    for use in targeting advertising in a non-personally identifiable manner through and in
    connection with SONIK.APP); and (iii) use User Data for other purposes permitted by
    the SONIK APP privacy guidelines.
  5. Obligation to Protect User Data
    If you collect or have been provided access to User Data, you hereby agree not to use,
    display or share User Data in a manner inconsistent with the User’s privacy settings,
    our Terms of Service and Guidelines, and all applicable laws and regulations. You
    hereby further agree that your use and disclosure of User Data shall be reasonably
    protective of each User’s rights and in no event shall you observe standards of privacy
    and confidentiality in connection with the use and disclosure of User Data that are less
    stringent than the standards set forth in our privacy guidelines. You agree to promptly
    delete all User Data: (i) relating to any User who de-authorizes, disconnects or otherwise
    disassociates from your Website or service, or (ii) if we disable your Website or Services,
    or (iii) upon request by us or the User. SONIK APP is not required to keep back-up
    copies of User Data on SONIK.APP once the Website or User Data is deleted. SONIK APP makes no guarantee that User Data will be safely stored on SONIK.APP
    or elsewhere. You may independently back-up User Data, to the extent permitted herein
    and by applicable laws and regulations. You acknowledge that SONIK APP may
    terminate the account of any User (including Members of your Website(s)) in accordance
    with this Agreement, but shall have no obligation to do so and you shall have no claim
    against us in such respect.
  6. Proprietary Rights to Content
    By displaying or publishing/posting any Content on or through the Services, you hereby
    grant to SONIK APP a limited license to use, modify, publicly perform, publicly
    display, publish, reproduce, distribute, list information regarding, edit, translate, and
    make derivative works of such Content, in whole or in part, and in any form, media or
    technology, whether now known or hereafter developed for use in connection with the
    Services. Without this license, SONIK APP would be unable to provide the Services.
    The license you grant to SONIK APP is non-exclusive, fully paid and royalty-free,
    transferable and sub-licensable, and worldwide. Unless you have shared your Content
    with others, and they have not deleted it, this license will terminate at the time you
    remove your Content from the Services, but you understand and agree that your
    Content may continue to appear on SONIK.APP or Websites after you remove it
    from the Services, as portion of your Content may remain on pages cached by third
    parties, incorporated into RSS feeds, User profiles or other features, or archived on
    servers. When you post any Content on a Website, you provide the Website Creator,
    other Members of that Website or the public in general with permission to view and use
    your Content depending on the Website’s privacy settings and policies, and you shall
    have no claim against us in respect to such use.
    SONIK APP (1) offers on SONIK APP links to Content hosted on third party
    websites, the use of which is subject to the license terms of such Content, at your full
    responsibility; and (2) allows you to post Content, as well as download, embed or link to
    Content hosted on third party websites. You acknowledge that we do not have the ability
    to determine the rightful owner of such Content and do not monitor the Services and/or
    Websites for Content infringement by Users. Therefore, you represent and warrant that:
    (i) you own the Content posted by you on or through the Services or otherwise have the
    right to grant the license set forth in this section, and (ii) the use and/or posting of your
    Content on or through the Services does not violate the privacy rights, publicity rights,
    intellectual property rights, moral rights, contract rights, license terms of such Content or
    any other rights of any third party. You agree to pay for all royalties, fees, penalties and
    any other monies owing any person by reason of any infringing Content posted by you to
    or through the Services, including any infringement by your Members and/or Visitors.
    If a Website is removed from SONIK APP, the Content associated with that Website
    may also be deleted at the discretion of the Website Creator or SONIK APP. You
    should be aware that SONIK APP is not required and may not keep back-up copies
    of Content on SONIK APP once the Website or Content is deleted. Additionally,
    SONIK APP makes no guarantee, either during or after the term of this Agreement, that
    your Content will be safely stored on SONIK APP.
    The SONIK APP Services contain proprietary content that is protected by copyright,
    trademark, patent, trade secret and other laws in the United States and around the
    world (the “SONIK APP Content“). SONIK APP owns and retains all rights in the
    SONIK APP Content and the Services. SONIK APP hereby grants you a limited,
    freely revocable, non-sublicensable license to reproduce and display the SONIK APP
    Content (excluding any software code) solely for your personal use in connection with
    using the Services as permitted herein. As between you and SONIK APP, all the
    intellectual property rights in the SONIK APP technology, which does not include your
    Content, are owned by SONIK APP or its licensors.
    The SONIK APP Services contain Content of Users and other SONIK APP licensors.
    Except for Content posted by you, you may not copy, modify, translate, publish,
    broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer,
    attempt to access the source code, create derivative works from, rent or sell any Content
    appearing on or through the Services without permission of the Content owner.
    SONIK APP Website may contain links and content of third parties not controlled or owned
    by us, including but not limited to affiliates or business partners of SONIK APP. You
    hereby acknowledge that we have no control and assume no responsibility or liability for
    any such content or actions of any third party, and you shall have no claim against us for
    any such content and/or actions.
  7. Content Posted
    You may not use the Services to post, disseminate or communicate any obscene, lewd,
    excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
    Despite this prohibition, content communicated by other Users may contain inaccurate,
    inappropriate, offensive or sexually explicit material, products or services, and
    SONIK APP assumes no responsibility or liability for this material. If you become aware of
    misuse of the Services, please contact us by sending an email to info@SONIK.APP.
    Without assuming any obligation to do so, SONIK APP may delete any Content
    or suspend any Website or account associated with it, that in the sole judgment of
    SONIK APP violates this Agreement or that may be offensive or illegal, or violate
    the rights, harm, or threaten the safety of any person. SONIK APP assumes no
    responsibility for monitoring the Services for inappropriate Content or conduct. If, at
    any time, SONIK APP chooses, in its sole discretion, to monitor the Services,
    SONIK APP nonetheless assumes no responsibility for the Content, no obligation to
    modify or remove any inappropriate Content, and no responsibility for the conduct of the
    User submitting any such Content.
    You are solely responsible for the Content that you post on or through any of the
    Services, and any material or information that you transmit to other Users and for your
    interactions with other Users. SONIK APP does not endorse and has no control over
    the Content. Content is not necessarily reviewed by SONIK APP prior to posting and
    does not necessarily reflect the opinions or policies of SONIK APP. SONIK APP
    makes no warranties, express or implied, as to the Content or to the accuracy and
    reliability of the Content or any material or information that you transmit to, or receive
    from, other Users. For the avoidance of doubt, the abovementioned refers to links to
    Content hosted on third party websites offered by SONIK.APP, as well.
  8. Prohibited Content and Activity
    The following is a partial list of the kind of Content and activity that is prohibited on any
    Website and through the use of the Services. SONIK APP reserves the right, in its sole
    discretion, to reject, refuse to post or remove any posting (including private messages) by
    you, or to restrict or terminate your access to all or any part of the Services at any time,
    with or without prior notice, and without liability, if we believe you are in violation of this
    provision. SONIK APP further reserves the right to investigate and take appropriate
    legal action against anyone who, in our sole discretion, violates this provision, including
    without limitation, reporting it to, and cooperating fully with, law enforcement authorities.
    Prohibited Content and activity includes, but is not limited to, Content or activity that in
    the sole discretion of SONIK APP:
    • interferes with, disrupts, impairs or creates an undue burden on the Services or
    the networks or services connected to the Services;
    • may constitute or contribute to a crime or tort;
    • communicates any information or content that you do not have a right to make
    available under any law or under contractual or fiduciary relationships, or
    otherwise infringes or violates someone else’s rights;
    • engages in unlawful multi-level marketing, such as a pyramid scheme;
    • is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing,
    discriminatory, invasive of personal privacy or publicity rights, humiliating to other
    people (publicly or otherwise), libelous, pornographic, or that contains nudity or
    graphic or gratuitous violence;
    • involves sending or otherwise posting unauthorized commercial communication
    (such as spam);
    • solicits or posts personal identifying information from other Users, or knowingly
    collects any information from minors under the age of 13;
    • solicits login information or accessing an account belonging to someone else;
    • makes automated use of the system, such as using scripts, bots, spiders or
    scrapers, to send messages, log into accounts, or collect Users’ Content or
    information;
    • facilitates or encourages any violation of these Terms of Service.
    • attempts to impersonate another person or entity, including, but not limited to, a
    Member or SONIK APP official, to falsely state or otherwise misrepresent your
    affiliation with a person or entity;
    • provides false personal information on SONIK.APP, or creates an account for
    anyone other than yourself without permission;
    • creates and maintains a Website that (i) redirects to another web page or (ii)
    stores or hosts content for remote loading by other web pages;
    • uploads viruses or other malicious code;
    • involves selling or otherwise transferring your account without our prior
    permission;
    • uses the Services to hyperlink to content not permitted on SONIK.APP;
  9. Third Party Interaction
    YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE
    TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING
    THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE
    FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND
    CONDITIONS OF SUCH LICENSE AND RESTRICTIONS. You understand that by using
    SONIK.APP you may be exposed to Content that is offensive, objectionable, or
    indecent, and that you use SONIK.APP at your own risk. Content from other Users or
    third parties is made available to you through Websites and SONIK.APP. The inclusion
    of any such Content on SONIK.APP does not imply our affiliation or endorsement of
    such Content. Because SONIK APP does not control such Content, you agree that
    SONIK APP is not responsible for any such Content, including without limitation, any
    advertising and information about third-party products or services, or the accuracy,
    integrity, quality, legality, usefulness, safety or intellectual property rights of any such
    Content. Your interactions with other Users and third parties on SONIK.APP, including
    payment and delivery of goods or services, and any other terms, conditions, warranties
    or representations associated with such dealings, are solely between you and the User
    or third party as applicable. Like with any web-based interaction, we suggest that you
    use caution and good judgment. You agree that SONIK APP is not responsible for any
    loss or damage incurred as the result of any such dealings or with respect to any other
    User’s or third party’s use or disclosure of your personal information. If there is a dispute
    between you and any third party (including any User), SONIK APP is under no
    obligation to become involved. You release SONIK APP, its officers, employees,
    agents and successors from claims, demands and damages of every kind or nature
    arising out of or related to any disputes with other Users and third parties. If you are a
    California resident, you waive California Civil Code Section 1542, which says: “A
    general release does not extend to claims which the creditor does not know or
    suspect to exist in his favor at the time of executing the release, which, if known
    by him must have materially affected his settlement with the debtor.” And, if you
    are not a California resident, you waive any applicable state statutes of a similar effect.
    Additionally, SONIK APP, Website Creators, Users or third parties may provide
    hyperlinks on SONIK.APP or Websites, or any other form of link or redirection of
    your connection to other sites (“Third Party Sites“). Links to these Third Party Sites
    are provided solely for your convenience and in no way does the inclusion of any link
    on SONIK.APP or any Website imply our affiliation or endorsement of the linked site,
    their business practices (including their privacy policies) or any information therein.
    SONIK APP expressly disclaims responsibility for the accuracy, quality, legality, nature,
    availability or reliability of Third Party Sites linked to by or through SONIK.APP.
    ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION,
    MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE
    THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
    You further agree to abide by GoDaddy’s anti-spam policy as GoDaddy are our partner
    with respect to domains provided to you. GoDaddy and/or SONIK APP reserve the
    right to investigate and take appropriate action against anyone who, in our or GoDaddy’s
    sole discretion (as applicable), violates the GoDaddy anti-spam policy or these Terms
    of Service, including without limitation, immediate disconnecting of sites and deletion of
    accounts and legal actions.
  10. SONIK APP Marks; Templates
    SONIK APP trademarks, logos, service marks, images, trade names and other
    distinctive branding features used in connection with the Services are the trademarks
    and sole property of SONIK APP and may not be used without permission. Other
    trademarks that may appear on our Services are the property of their respective
    owners. SONIK APP reserves the right to include within your Website applicable
    SONIK APP copyright and trademark notices for SONIK APP and links to our Terms of
    Service, privacy guidelines and other Guidelines. All notices and links will be displayed
    consistently in such form and placement as determined by SONIK APP. For purposes
    of this Agreement, all templates offered by SONIK APP are copyrighted material
    and are considered part of SONIK.APP. Such templates are offered for use to
    SONIK APP Users under a limited license only, and are not offered for sale or unbridled
    use. Such license limits use of SONIK APP templates to Websites hosted by
    SONIK APP. SONIK APP templates may not be transferred to or hosted on another web
    host or Internet Service Provider.
  11. Support of Your Website
    As a Website Creator, you are responsible for implementing and maintaining all security
    and support for your Website(s), including answering questions from your Members
    and Visitors. If you are a Website Creator and have any question with regards to your
    account, please email us at info@SONIK.APP
  12. Price Changes and Promotions
    Today, our Paid Services include various options for our Website Creators such as
    connecting to a domain, hosting. All prices are subject to change from time to time.
    SONIK APP may choose to temporarily change the fees for the Paid Services for
    promotional or new services, and such changes are immediately effective when
    SONIK APP posts the temporary promotional event or new service on SONIK.APP.
    Any changes to fees for Paid Services that are not temporary or promotional will be valid
    and binding as of the posting such changes on SONIK.APP. The revised fees for Paid
    Services will apply to you as of the posting of such changes on SONIK.APP if you are
    a User who registers or first uses SONIK.APP on or after the posting of the revised
    fees, and/or in regard to Paid Services not yet purchased by you at such time. Unless
    otherwise stated, all fees are quoted in U.S. Dollars.
    In addition to Paid Services, as a Website Creator you may purchase other paid
    services which may be provided as a one-time transaction or recurring subscription in
    connection with additional services. Such Paid Services may be provided solely by us or
    in collaboration with affiliates or business partners. You may be presented with additional
    terms related to a specific purchase before you confirm such transaction. Without
    derogating from this Agreement, those additional terms will also govern that transaction.
    Please note that if you enter into a transaction with a third-party, such as by purchasing
    an item through a Website hosted on SONIK.APP, and have a dispute over the goods
    or services you purchased we assume no responsibility and shall have no liability for
    such goods or services.
  13. Payments
    You are responsible for paying all fees and applicable taxes associated with the Paid
    Services in a timely manner with a valid payment method. You authorize SONIK APP
    to charge your credit card, charge card, debit card, PayPal, or financial institution
    account (herein “Payment Method“) for all charges to your accounts with SONIK APP.
    When you provide a Payment Method to us, you confirm that you are permitted to use
    that Payment Method. You also authorize us to collect and store it, along with other
    related transaction information. When you make a purchase, you authorize us (and our
    designated payment processor) to charge the full amount to the Payment Method you
    designate for the transaction. FOR THE SERVICES, WE ONLY OFFER RECURRING
    PAYMENTS; THEREFORE, YOU AGREE THAT SONIK APP MAY AUTOMATICALLY
    CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH
    RECURRING PERIOD. For example, if you choose a monthly plan, you will be billed
    every month on the anniversary date of the date you clicked either of the “purchase” /
    “add to cart” / “subscribe”/”buy” buttons.
    It is hereby clarified that as long as SONIK APP does not receive a request for Paid
    Services termination in writing to one of the addresses listed on SONIK.APP under
    “Contact Us,” SONIK APP will continue to charge you for the Paid Services for as
    long as your account remains active, regardless if the Paid Services are being actually
    used or not. If, at any time, you contact your bank or credit card company and reject the
    charge of any payable fees due to the Paid Services, this act will be considered a breach
    of your obligations under these Terms of Services and your use of the Paid Services will
    be automatically terminated with no notice. Your use of the Paid Services will not resume
    until you re-subscribe for any such Paid Services, subject to our discretion.
    You acknowledge and agree that any credit card and related billing and payment
    information that you provide to SONIK APP may be shared by SONIK APP with third
    parties, such as payment processors and/or credit agencies, for the purpose of checking
    credit, effecting payment to SONIK APP and servicing your account.
    If you pay by credit or debit card we may obtain a pre-approval from the issuer of the
    card for an amount up to the amount of the purchase. We will bill your card at the time
    of purchase or shortly thereafter. If you cancel a transaction before completion,
    that pre-approval may result in your funds not otherwise being immediately available.
    If you pay by debit card and your payment results in an overdraft or other fee from your bank,
    you alone are responsible for that fee. You agree to pay SONIK APP all charges incurred
    under your account for any Paid Service in which you or anyone else who uses your
    account (including children, family, friends or other third parties) enroll in accordance with
    this Agreement and any applicable Paid Services terms. If your Payment Method fails
    or your account is past due, (a) you agree to pay all amounts due on your account upon
    demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties
    and other liability incurred by us (including costs and related expenses) that were caused
    by or arising out of payments that you authorized or accepted, and (b) SONIK APP
    may collect fees owed using other collection mechanisms (this includes charging other
    payment methods on file with us), and (c) SONIK APP reserves the right to either
    suspend or terminate your Paid Services or your account with SONIK APP, including
    deletion of your Website from SONIK APP. EXCEPT AS MAY BE SET FORTH
    HEREIN, ANY FEES CHARGED TO YOUR ACCOUNT ARE NON-REFUNDABLE.
    You agree to submit any disputes regarding any charge to your account in writing to
    SONIK APP within twenty (20) days of such charge, otherwise such dispute will be
    considered waived and such charge will be final and not subject to challenge by you.
  14. Taxes and related charges
    You are responsible for paying any governmental taxes imposed on your use of
    SONIK.APP, including, but not limited to, sales, use, or value added taxes. If
    requested, you will promptly furnish to SONIK APP the applicable receipts and/or
    certificates regarding such remittances as soon as reasonably practicable. To the extent
    that SONIK APP is obligated to collect such taxes, the applicable tax will be added to
    your billing account.
  15. Money-Back Guarantee
    Paid Services include a 14-day money-back guarantee. If you are dissatisfied with your
    service for any reason, you will receive a full refund (minus domain name registration fee
    and overage charges) if you cancel your paid services within 14 days of the activation of
    your account. The 14-day money-back guarantee may NOT apply to certain services (as
    indicated therein), such as domain name registration. It is hereby clarified, that once you
    purchase your domain name, you are its owner and it cannot be “returned” Under this
    Section 15 or otherwise under this Agreement.
  16. SONIK APP Platform Policies
    (a) You may not use profanity or others’ trademarks in the name, domain or subdomain
    of your Website; (b) You may not edit or remove the SONIK APP link at the bottom of
    your Website unless you purchase a Premium Service; (c) The SONIK APP ID link may
    not be edited and must be available in the Sign in and Sign up pages of your Website; (d)
    The SONIK APP Terms of Service may not be edited and must be available in the Sign
    Up page of your Website.
  17. Copyright Infringement
    Without derogating from Sections 6, 7, 8, 9 of this Agreement, you may not post, modify,
    distribute, or reproduce in any way any copyrighted material, trademarks, or other
    proprietary information belonging to others without obtaining the prior written consent
    of the owner of such proprietary rights and you hereby agree to fully comply with the
    license terms and restrictions applicable to each item of such copyrighted material,
    trademarks, or other proprietary information. It is our policy to respond to clear notices of
    alleged copyright infringement that comply with the Digital Millennium Copyright Act of
    1998, as may be amended from time to time (“DMCA“). In addition, we may terminate,
    without notice, the membership privileges and accounts of those determined by us
    to be repeat infringers. If you are a copyright owner and you believe that any content
    hosted on SONIK.APP infringes your copyrights, then you may submit a notification
    pursuant to the DMCA by providing us with the following information in writing to the
    following address: SONIK APP, 1-12A-19 Suntech @ Penang Cybercity, 11950 Penang,
    Malaysia or email to info@SONIK.APP
    • a statement by you, made under penalty of perjury, that the above information in
    your notice is accurate and that you are the copyright owner or authorized to act
    on the copyright owner’s behalf.
    • your address, telephone number, and email address;
    • an electronic or physical signature of the person authorized to act on behalf of the
    owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a written statement by you that you have a good faith belief that the disputed use
    is not authorized by the copyright owner, its agent, or the law;
    • a description of where the material that you claim is infringing is located on our
    Services, such as by providing us the URLs to the content;
    As a Website Creator, you agree to have a policy for removing infringing Content and
    terminating repeat infringers that complies with the DMCA. In addition, you agree to
    promptly (and in any event in no later than 24 hours) address any copyright owner’s
    written notice (including any notices forwarded to you by SONIK APP) that specified
    Content posted on a Website that you control infringes that third-party’s rights (including
    copyrights), provided that the notice substantially complies with the requirements in the
    DMCA. If you receive a counter-notice from the applicable User instructing you to replace
    the allegedly infringing Content, you agree to promptly comply with it to the extent
    required by law and to forward a copy of it to SONIK APP immediately. SONIK APP
    may remove any allegedly infringing Content without any liability to you or to the User
    that posted such Content. In all such matters, we strongly recommend that you consult
    your attorney to confirm your obligations under the DMCA and other applicable laws. You
    are solely responsible and liable for complying with all applicable laws in connection with
    your Website.
  18. SONIK APP Communications
    It is our policy to provide notifications, whether such notifications are required by law
    or are for Service related purposes, to you via email or, written or hard copy notice, or
    through posting of such notice on our website, as determined by SONIK APP in its
    sole discretion. By providing SONIK APP your email address you consent to our using
    the email address to send you Service-related notices, including any notices required
    by law, in lieu of communication by postal mail. We may also use your email address to
    send you other messages, such as updates, user communications, newsletters, changes
    to features of the Service, or SONIK APP offers. If you do not want to receive certain
    email messages, you may opt out by contacting us at info@SONIK.APP. Opting out
    may prevent you from receiving valuable messages regarding updates, improvements,
    offers, or communications from other Users. Notwithstanding the above, SONIK APP
    reserves the right to send you notices about your account even if you opt out of all
    voluntary email notifications and you shall have no claim against us in such respect.
  19. Privacy of Your Information
    We care about the privacy of our Users. Your information may be stored and processed
    in any country in which SONIK APP and its service providers maintain facilities. In this
    regard, or for purposes of sharing or disclosing data in accordance with this Agreement,
    SONIK APP reserves the right to transfer information outside of your country and
    by using the Services, you consent to any such transfer of information outside of your
    country and shall have no claim against us for such transfer of information.
  20. Indemnity
    You agree to indemnify, defend, and hold harmless SONIK APP, its subsidiaries,
    and affiliates, and their respective shareholders, officers, agents, co-branders or other
    partners, employees, and third party Paid Service providers from and against any claim,
    demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising
    out of or relating to: (a) any Content you submit, post, transmit, link, or make available
    through SONIK.APP; or (b) your use or misuse of the Services; or (c) your connection
    to the Services; or (d) your breach or alleged breach of this Agreement; or (e) your
    violation of any rights (including intellectual property rights) of a third party.
    SONIK APP reserves the right, at your expense, to assume the exclusive defense
    and control of any matter for which you are required to indemnify us and you agree to
    cooperate with our defense of these claims. You agree not to settle any matter without
    the prior written consent of SONIK APP. SONIK APP will use reasonable efforts to
    notify you of any such claim, action or proceeding upon becoming aware of it.
  21. Disclaimer of Warranties
    YOUR USE OF SONIK.APP, AND ALL WEBSITE CODE, PLATFORM CODE,
    APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING
    THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
    SONIK.APP, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES,
    THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY
    CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    SONIK APP AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES,
    SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM
    ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND,
    WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
    IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM
    INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
    SONIK APP AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS,
    EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY
    WARRANTY THAT SONIK.APP, OR ANY WEBSITE CODE, PLATFORM CODE,
    APIS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD
    PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
    TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
    THAT SONIK.APP, OR THE SERVER THAT MAKES SONIK.APP, AVAILABLE IS
    FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONIK APP MAKES
    NO GUARANTEE REGARDING: (A) THE VOLUME AND QUALITY OF ANY TRAFFIC
    TO YOUR WEBSITE; OR (B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER
    CODE WITH ANY SONIK APP TECHNOLOGY.
    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
    USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS,
    SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD
    PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
    WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR
    COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
    FROM THE DOWNLOAD OF ANY SUCH MATERIAL AS WELL AS DAMAGES
    OF SONIK APP AND/OR THIRD PARTIES. NO ADVICE OR INFORMATION,
    WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONIK APP OR
    ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS,
    LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM SONIK.APP,
    SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF
    SERVICE.
    SONIK APP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON
    SONIK.APP, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO
    LIABILITY THERBY.
  22. Limitation of Liability
    YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED
    TO NEGLIGENCE, SHALL SONIK APP OR ITS SUCCESSORS, AFFILIATES,
    CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS,
    BE LIABLE TO YOU FOR: (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
    CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
    TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF
    COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
    SONIK APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
    ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE
    INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY
    DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR
    GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN
    EXCESS OF THE SMALLER OF :(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO
    SONIK APP BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE
    INITIAL NOTICE OF ANY CLAIM.
    THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES
    INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED
    ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES
    OTHER THAN SONIK APP AND RECEIVED BY YOU THROUGH OR ADVERTISED
    ON SONIK.APP OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
    WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
    IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
    DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
    YOU MAY HAVE ADDITIONAL RIGHTS. NOT WITHSTADING THE ABOVE, YOU
    HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE
    EXTENT PERMITTED BY LAW AND YOU AGREE THAT THE LIMITATIONS OR
    EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS
    AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR
    EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN
    WHICH YOU ARE LOCATED.
  23. Changes to SONIK APP Services
    SONIK APP reserves the right at any time (and from time to time) to modify, suspend,
    or discontinue providing the SONIK APP Services or any part thereof with or without
    notice. SONIK APP will not be liable to you or to any third party for any modification,
    suspension or discontinuance of the Services.
  24. Amendments
    We may amend, modify, change, add or remove portions of this Agreement or
    any Guidelines at any time, without notice to you, by posting a revised version on
    SONIK.APP or elsewhere on SONIK.APP. The revised version will be effective
    immediately at the time we post it. Please check this Agreement and any Guidelines
    periodically for changes. Your continued use of SONIK.APP or any Website after
    posting of the changes constitutes your binding acceptance of such changes. However, if
    the revised version includes a material change, it will be effective for an existing User on
    the earlier of: (a) the date you accept it, and (b) 30 days after the material changes are
    initially posted to www.SONIK.APP or elsewhere on SONIK.APP. The revised version
    will apply to you immediately if you are a User who registers or first uses SONIK.APP
    on or after the posting of the revised version.
  25. Term and Termination
    This Agreement shall remain in full force and effect unless and until your account is
    terminated as provided herein. You may terminate your account and end your use of
    SONIK.APP at any time and for any or no reason. SONIK APP has the right (at its
    sole discretion) for any reason to: (i) delete, disable or deactivate your account, block
    your email or IP address, or otherwise terminate your access to or use of SONIK.APP
    or any Website, and (ii) remove and discard any Content within any Website or anywhere
    on SONIK.APP, and (iii) shut down a Website, with or without notice, and with no
    liability of any kind to you.
    If you terminate your account, we will have no obligation to refund you any fees you may
    have paid except as may be required by applicable law.
  26. Effects of Terminating
    Upon deactivating your account, this Agreement terminates and your access rights to
    SONIK.APP and any Websites immediately cease to exist. For Content you wish
    to delete from SONIK.APP, you can delete it by going to each of the Websites to
    which you’ve contributed. SONIK APP is not responsible for deleting Content on your
    behalf and SONIK APP will not have any obligation to assist you in migrating your
    data or your Website(s) off of SONIK.APP. Note that, even if Content is deleted from
    SONIK’s active servers, it may remain in our archives (although we have no obligation
    to archive or back-up your Content) and we shall be under no obligation to preserve or
    delete such Content. SONIK APP will have no obligation to refund any fees paid for
    Paid Services.
  27. Survival
    The provisions under the following sections will survive termination of this Agreement for
    any reason: Sections 2, 4-9, 10, 12-17, 19-23, 25-30.
  28. Law and Arbitration
    This Agreement shall be governed by the laws of Malaysia without giving effect
    to any principles that may provide the application of the law of another jurisdiction. You
    agree to submit to the personal jurisdiction of the competent jurisdiction located in Malaysia
    for the purpose of litigating all such claims or disputes. Without derogating
    from the above, any claim or dispute in connection with this Agreement shall be resolved
    in a cost effective manner through binding non-appearance-based arbitration and has
    to be initiated within thirty (30) days after it arises, or the cause of action is barred. The
    arbitration shall be initiated through an established alternative dispute resolution provider
    mutually agreed upon by the parties. The alternative dispute resolution provider and the
    parties must comply with the following rules: (a) the arbitration shall be conducted by
    telephone, online and/or be solely based on written submissions, the specific manner
    shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve
    any personal appearance by the parties or witnesses unless otherwise mutually agreed
    by the parties; and (c) any judgment on the award rendered by the arbitrator may be
    entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may
    seek injunctive or other equitable relief to protect our intellectual property rights in any
    court of competent jurisdiction.
  29. United States Export Controls
    You agree to comply with all applicable export and reexport control laws and regulations,
    including the Export Administration Regulations, as may be amended from time to time
    (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions
    maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”),
    and the International Traffic in Arms Regulations, as may be amended from time to time
    (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall
    not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose
    of any products, software, or technology (including products derived from or based on
    such software or technology) received from SONIK APP under this Agreement to any
    destination, entity, or person prohibited by the laws or regulations of the United States,
    without obtaining prior authorization from the competent government authorities as
    required by those laws and regulations. You agree to indemnify, to the fullest extent
    permitted by law, SONIK APP from and against any fines or penalties that may arise
    as a result of your breach of this provision. This export control clause shall survive
    termination or cancellation of this Agreement.
  30. General
    You agree to comply with all policies applicable to SONIK APP and SONIK.APP,
    and those of our third party Paid Service providers, which policies are either posted on
    SONIK.APP or provided to you by a link in these Terms of Service. In addition, you
    agree to comply with all applicable laws.
    The failure of SONIK APP to exercise or enforce any right or provision of this
    Agreement does not constitute a waiver of such right or provision.
    If any provision of this Agreement is found by a court of competent jurisdiction to
    be invalid, the parties nevertheless agree that the court should try to give effect to
    the parties’ intentions as reflected in the provision, and the other provisions of this
    Agreement remain in full force and effect.
    The parties are independent contractors with respect to each other and nothing in this
    Agreement shall be deemed to create a partnership, joint venture, agency, or employer-
    employee relationship between SONIK APP and you or between SONIK APP and
    any Users of the Services.
    Your accounts are non-transferable. You may not delegate your duties under this
    Agreement or assign this Agreement, in whole or in part. SONIK APP may assign this
    Agreement in whole or in part in its sole discretion without your consent and without
    notice.
    Any unauthorized use of any SONIK APP computer system is a violation of this
    Agreement and certain federal and state laws. Such violations may subject you and your
    agents to civil and criminal penalties.
    This Agreement, including links to any third party Paid Service provider terms and
    conditions, constitutes the entire agreement between you and SONIK APP and
    governs your use of SONIK.APP, superseding any prior agreements (whether written
    or oral) between you and SONIK APP regarding the subject matter hereof. The other
    Users of SONIK.APP are intended third party beneficiaries of your obligations under
    this Agreement.
    SONIK APP will not be liable for non-performance or delay in performance caused
    by any event beyond its direct control, including, but not limited to: internet failures,
    electrical power failure, strikes, labor disputes, labor or material shortages, wars, terror,
    acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national
    emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo,
    or any “act of God”. It is hereby clarified that this provision is in addition to Section 22
    (Limitation of Liability).
    Nothing in this Agreement shall prevent us from complying with the law and applicable
    regulations.