END USER LICENSE AGREEMENT
IMPORTANT: BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY USING THE SOFTWARE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.
- LEGAL AGREEMENT
1.1 This EULA is a legal agreement between you and Elevoc Technology Co., Ltd. (“ELEVOC”, or “we”, including affiliates of ELEVOC when applicable). This EULA governs your use of the ELEVOC software that performs device management for the selected ELEVOC product on the iOS and Android platforms (the “Software”). The Software provides an interface that allows you to adjust product settings and any updates/upgrades provided by ELEVOC.
1.2 A written amendment or addendum to this EULA may accompany the Software, its Update Pack or such manner designated by ELEVOC. The terms of this EULA and any amendment or addendum thereof shall also apply to any subsequent updates of the Software, including but not limited to firmware updates, bug fixes, patches, updates, enhancements, and new versions of the Software (collectively “Updates”) and to additional services that ELEVOC may provide to you in connection with the Software, unless different licensing or service terms accompany those items. If so, those different licensing or service terms shall apply.
- SOFTWARE LICENSE
2.1 The Software is licensed, not sold. The Software is protected by copyright and other intellectual property laws and international treaties.
2.2 Subject to your compliance with these terms, ELEVOC hereby grants you a non-exclusive limited license to use the Software on your mobile device to interface with and operate a ELEVOC wireless product for your personal non-commercial use only. If you desire to use the Software for commercial purposes, you must receive separate written permission from ELEVOC. This license grant is subject to, and conditional on your compliance with, the terms and restrictions set forth in this EULA.
2.3 ELEVOC retains all rights, title and interest in and to the Software and related application (including, but not limited to, any images, photographs, animation, video, audio, music, text ) which ELEVOC owes.
- LICENSE RESTRICTIONS
3.1 You may not copy, sub-license, make derivative works of, transfer or otherwise distribute the Software to any third party.
3.2 You shall not modify the Software and related application in any manner, including but not limited to:
3.2.1 You may not modify, translate, reverse, assemble, reverse engineer, decompile, or disassemble the Software or any of its sub-components without express written permission from ELEVOC.
3.2.2 You may not remove any copyright notices, trademark notices, or other proprietary notices or disclaimers or warnings on or embedded in the application.
3.3 The application may enable access to ELEVOC’s and other third-party services and websites (collectively and individually, “Services” ). Use of the Services may require internet access for which you must accept other additional terms of service, for which neither ELEVOC nor Apple are liable to You for any losses, damage, or claim.
4.1 ELEVOC may modify, update, or discontinue the Services or Software and related application, including any of their portions or features, at any time without liability to you or anyone else. However, ELEVOC will make a reasonable effort to notify you before we make the change.
4.2 You may not exploit the Services in any unauthorized way, including but not limited to:
4.2.1 You may not reproduce, modify, distribute, sell, rent, lease, or create derivative works of the Services or content in any manner.
4.2.2 You must comply with applicable law, including but not limited to export control laws and regulations. You acknowledge and agree that any illicit, inappropriate and/or dishonest behavior shall be prohibited, whatsoever, including but not limited to, by trespass or burdening network capacity.
4.2.3 You are prohibited from taking advantage of the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. ELEVOC is not in any way responsible for your of the Services.
4.4 The Software and related application may automatically download and install updates to the application or the ELEVOC products related to the application ("Product"). These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from ELEVOC as part of your use of the Software and related application.
- USE OF THIRD PARTY CONTENT SERVICES.
5.1 If you use the Software to run applications or services developed by a third-party (e.g. a streaming music content service) or that access data, content or resources provided by a third party, you agree that ELEVOC is not responsible for those applications, services, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person or entity from which they originated and that ELEVOC is not liable for any loss or damage that you may experience as a result of the use or access of such third party applications, data, content, or resources.
6.1 Without prejudice to any other rights, ELEVOC may terminate this EULA without notice if you fail to comply with the terms and conditions of this EULA.
6.2 You may terminate this EULA without notice to ELEVOC by ceasing use of and destroying all copies of the application, including archival copies.
6.3 Upon termination of the EULA for any reason, You shall immediately cease use of the application and destroy all copies of the application, including all archival copies.
- LIMITATION OF LIABILITY
7.1 ELEVOC, ELEVOC affiliate and each of the third-party suppliers (for purposes of this section, ELEVOC, ELEVOC affiliate and each of the third-party suppliers shall be collectively referred to as "ELEVOC") shall not be liable for any incidental or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability or under any other legal theory related to the software, including, but not limited to, any damages arising out of loss of profits, loss of revenue, loss of data, loss of use of the software or any associated hardware, down time and user’s time, even if any of them have been advised of the possibility of such damages. In any case, each and all of ELEVOC aggregate liability under any provision of this EULA shall be limited to the amount (a) you actually paid for the software and (b) the sum of ten dollars, regardless of whether such liability is asserted on the basis of contract, warranty, tort or otherwise and even if ELEVOC or any ELEVOC parties may foresee or have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
8.1 Excluding Third-Party Software subject to contrary free or open-source licensing rights, you agree that you shall promptly notify the ELEVOC in writing if you are requested or required, by any governmental agency, any judicial or administrative proceeding or any law or regulation, to copy, transfer, reverse engineer, disassemble, or otherwise disclose any of the contents of the Software. In such event, ELEVOC shall be entitled to object to the disclosure, seek a protective order, or pursue an alternative appropriate remedy, or to waive compliance with the applicable provisions of this EULA prior to the disclosure. If such protective order or other remedy is not obtained or ELEVOC waives compliance with the applicable provisions of this EULA, you shall disclose only such elements of the Software as is legally required to be disclosed, and you shall use your best efforts to ensure that confidential treatment is accorded to the Software so disclosed.
- ENTIRE AGREEMENT, WAIVER, SEVERABILITY
- ENTIRE AGREEMENT
10.1 You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. Except as otherwise is expressly provided in regarding specific Third-Party Software components subject to different licensing terms, you agree that this EULA is the complete and exclusive statement of the agreement between the parties and except as permitted or provided herein supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. There are no prior representations, warranties or agreements between the parties relating hereto.
- "AS IS"
11.1 This software is provided by the copyright holders and contributors "AS IS" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
- GENERAL AND MISCELLANEOUS PROVISIONS
12.1 APPLICABLE LAW. The courts in some jurisdictions will not apply P.R.China law to some types of disputes. If you reside in one of those jurisdictions, then where P.R.China law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of P.R.China, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a court located in Shenzhen city, Guangdong Province, P.R.China and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that ELEVOC may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
12.2 INJUNCTIVE RELIEF. You acknowledge and agree that remedies at law would be inadequate to protect the ELEVOC against any actual or threatened breach of this EULA by you, and you agree not to oppose the granting of equitable relief in favor of the ELEVOC(without proof of actual damages) in the event of any such actual or threatened breach (in addition to any remedies to which ELEVOC may be entitled at law). You further agree to pay all reasonable costs and expenses of ELEVOC (including attorney, accountant and expert fees) in enforcing this EULA.
OUR INFORMATION. The Application (“App”) is operated by ELEVOC from its office located at 5/F, Unite B, Block 12, Shenzhen Bay Tech-Eco Park, Nanshan Dist, Shenzhen, Guangdong, China. To contact us, please see our “Contact Us” page.
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms.
The Services are owned and operated by ELEVOC and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by ELEVOC and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.
You agree to protect the proprietary rights of ELEVOC and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by ELEVOC or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify ELEVOC immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.
You acknowledge and agree that all user content that you upload/post is your sole responsibility. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
a) is in breach of any law, statute, regulation or bye lawof any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party.
You understand that ELEVOC does not control, and is not responsible for, user content .You acknowledge and agree that ELEVOC and its designees may or may not, at ELEVOC's discretion, pre-screen user content before its appearance on the Services (but does not assume any obligation to).
We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
How effective is Elevoc Clear’s Active Noise Cancellation(ANC)?
Elevoc Clear detects noise from your environment and adapts immediately, thanks to an innovative use of hybrid active noise cancellation technology powered by microphones in and outside of your ears. Then it can actively silence your surroundings, using its dynamic drivers to emit reverse noise-cancelling sound waves at up to 35 dB. Tap to switch to Transparency mode to hear your surroundings or have a quick chat, all while leaving your earbuds in.
How does Environmental Noise Cancellation (ENC) work?
Most earbuds now do have Active Noise Cancellation without the commitment to Environmental Noise Cancellation which’s particularly beneficial to giving you the clearest calls possible. Each Elevoc Clear earbud features 3 microphones with different characteristics and a specially designed voice accelerometer. By combining our patented Vocplus algorithm with innovative hardware design, Elevoc Clear is able to analyze and process all the captured data from 6 microphones and 2 accelerometers with unmatched precision, which extracts your clear voice, and instantaneously lets people on the other end hear exactly what you're saying.
Does the Elevoc Clear feature latest Bluetooth technology?
Yes, Elevoc Clear is Bluetooth 5.1 compliant (class 1) and supports a reliable and stable Bluetooth connection. Elevoc Clear has enhanced Bluetooth device management that makes it easy to switch between devices.
What is the battery time on Elevoc Clear?
With just a single charge, the Elevoc Clear earbuds will last for up to 6 hours. Add the charging case, and you’ll get another 24 hours for a total of 30 hours of talk time.
How do I charge the earbuds and charging case?
The earbuds charge automatically once placed into the charging case. The case itself charges via an USB-C cable.
How do I manually reset my Elevoc Clear earbuds?
Follow these steps to reset.
- Ensure the charging case and the earbuds are clean. Insert both earbuds into the charging case.
- Leave the charging case open, press and hold the multi-function button(approximately 10s)until the 4 LED indicators stop flashing.
The earbuds have now been reset. You can repeat these steps if you are unsuccessful.
What should I check if my earbuds are Bluetooth connected but music is not streamed to the earbuds?
- Put earbuds into charging case, close the lid and reopen, take out earbuds and check.
- Pair the earbuds with your mobile device again.
- If it still doesn’t work, then manually reset the earbuds.
What should I check if I can’t hear anything when using the earbuds?
Make sure that the earbuds are charged and connected to your Bluetooth device. Check the Bluetooth settings of your connected device and make sure that media and calls connection is activated. Increase the volume on your Bluetooth device and on the earbuds by pressing on the right earbud’s touch pad until you hear the voice prompt “volume max”.
What should I check if I can’t pair the earbuds with my Bluetooth device?
If Bluetooth pairing does not work, proceed in the following order:
- Make sure Elevoc Clear earbuds and charging case is charged.
- Remove the Elevoc Clear in Bluetooth setting of your device.
- Place earbuds into charging case, then press and hold the multi-function button for 5s.
- Search and select Elevoc Clear in the Bluetooth menu on your device.
How comfortable are Elevoc Clear earbuds?
Very comfortable. Made with ultra-soft silicone, Elevoc Clear ear tips effortlessly conform to the shape of your ears, greatly improving sound quality and wearability. Plus, with six different sizes, you’re sure to find the right fit for you.
In what kinds of environments do Elevoc Clear earbuds work?
Elevoc Clear has great performance with wind noise and low Signal-to-Noise Ratio scenarios, like on the subway, at a bar or café, or in public settings.