1. Acceptance of Terms

By accessing and using ClearTone Diagnostics services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms of Service constitute a legally binding agreement between you and ClearTone Diagnostics LLC.

Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our services, you acknowledge that you have read, understood, and agree to be bound by both these Terms of Service and our Privacy Policy.

2. Description of Service

ClearTone Diagnostics provides professional audio diagnostic tools and services designed to identify and resolve call audio issues in enterprise and professional environments. Our comprehensive platform includes:

• Advanced noise floor analysis and measurement tools for identifying background interference
• Sophisticated echo path testing and loop detection algorithms for conference room optimization
• Intelligent microphone gain optimization guidance with real-time feedback
• Comprehensive device chain validation and compatibility checking across audio hardware
• Professional room acoustics assessment with actionable improvement recommendations
• Automated driver firmware auditing and update notifications for optimal performance
• Real-time call quality metering and monitoring with detailed analytics
• Curated quick fix playbooks with step-by-step remediation procedures
• Integration capabilities with popular conferencing platforms and IT management systems
• Professional technical support and consultation services
• Enterprise-grade reporting and analytics dashboards
• Custom diagnostic workflows tailored to specific organizational needs

3. User Accounts and Registration

To access certain features of our service, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and complete
• Keep your account credentials secure and confidential, including passwords and API keys
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or security breaches
• Use only one account per individual unless explicitly authorized for multiple accounts
• Ensure that your account information complies with applicable laws and regulations
• Provide valid contact information for account verification and important communications
• Comply with your organization's policies regarding software usage and data handling

4. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the service for any illegal, unauthorized, or fraudulent purpose or activity
• Interfere with or disrupt the service, servers, or networks connected to the service
• Attempt to gain unauthorized access to any systems, accounts, or networks
• Reverse engineer, decompile, or attempt to extract source code from our software
• Use the service to transmit malicious code, viruses, or other harmful content
• Violate any applicable local, state, national, or international laws or regulations
• Harass, abuse, or harm other users or our support staff
• Share your account credentials with unauthorized individuals
• Use automated systems to access the service without explicit permission
• Attempt to circumvent usage limitations or access controls
• Collect or harvest personal information from other users
• Use the service to compete with or create competing products

5. Intellectual Property Rights

The service and its original content, features, and functionality are and will remain the exclusive property of ClearTone Diagnostics and its licensors. The service is protected by copyright, trademark, patent, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to use our service in accordance with these Terms. This license does not include any right to resell or make commercial use of the service, collect and use product listings or descriptions, make derivative use of the service or its contents, or use data mining or similar data gathering techniques.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our service. By using our service, you agree to the collection and use of information in accordance with our Privacy Policy.

We implement appropriate technical and organizational measures to protect your data, including encryption, access controls, and regular security audits. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7. Service Availability and Modifications

We strive to maintain high service availability but cannot guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue the service with reasonable advance notice
• Perform scheduled and emergency maintenance as necessary for optimal performance
• Temporarily suspend access for technical, security, or legal reasons
• Update these terms as our service evolves and legal requirements change
• Implement new features, modify existing functionality, or remove outdated features
• Change our service architecture, hosting providers, or technical infrastructure
• Adjust service capacity and resource allocation based on demand
• Implement security measures that may temporarily affect service availability

8. Payment Terms and Billing

For paid services, the following terms apply:

• Subscription fees are due in advance and are generally non-refundable unless otherwise stated
• Prices may change with 30 days' advance notice to existing subscribers
• Late payments may result in service suspension after appropriate notice
• All fees are exclusive of applicable taxes, which are your responsibility
• Automatic renewal applies unless cancelled before the renewal date
• Refunds are provided only in accordance with our refund policy
• Payment disputes must be raised within 60 days of the billing date
• Enterprise customers may negotiate custom payment terms
• Currency conversion fees may apply for international payments

9. Service Level Agreement

We commit to maintaining high service availability and performance standards:

• Target uptime of 99.9% for our core diagnostic services, excluding scheduled maintenance
• Scheduled maintenance windows will be announced at least 48 hours in advance
• Emergency maintenance may be performed with minimal notice when necessary
• Support response times vary by subscription tier and issue severity
• Service credits may be available for extended outages as defined in enterprise agreements

10. Limitation of Liability

To the maximum extent permitted by law, ClearTone Diagnostics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.

Our total liability to you for all claims arising from or relating to these Terms or your use of the service shall not exceed the amount you paid us in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

11. Disclaimer of Warranties

The service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, and hereby disclaim all other warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the service will be uninterrupted, error-free, or completely secure. You acknowledge that your use of the service is at your own risk and that you have not relied on any representations or warranties not set forth in these Terms.

12. Indemnification

You agree to defend, indemnify, and hold harmless ClearTone Diagnostics and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the service or violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content you submit, post, or transmit through the service

13. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason in our sole discretion.

You may terminate your account at any time by contacting our support team. Upon termination, your right to use the service will cease immediately, and we may delete your account and data in accordance with our data retention policies.

14. Governing Law and Dispute Resolution

These Terms shall be interpreted and governed by the laws of the State of Texas, United States, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration shall take place in San Antonio, Texas, and shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: