Welcome to Earhook!
1.1 To be eligible to enter into these Terms and set up an account or enter into a subscription plan with Earhook You must
1.2 You must also provide Earhook with correct information about Yourself when registering an account with us and provide correct contact details and a valid method of payment. Agreeing to the Terms and providing such information is a requirement for Your access to and use of the Service. If You do not agree to the Terms You may neither use the Service or its functions and functionalities nor consume any Content provided in the Service.
2.1 Earhook provides a personalized digital subscription service through which You as a Subscriber can stream and/or temporarily download audiobooks, ebooks and other literary content to Your mobile phone or via other internet accessible devices accessed via the Earhook app or any other Earhook preinstalled software. Additionally, the Service includes personalized recommendations, messages, and features developed and modified specifically for You to enhance Your user experience. Earhook may also from time to time offer access to different kinds of social media forums, which may or may not be open to the public, in order to further enhance and enrich Your user experience. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by Earhook to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.
2.2 In order to use the Service, You must use a an internet-connected device compatible with Earhook’s technical requirements or one of Earhook’s business partner platforms onto which Earhook’s application is installed and provide us or our business partner with Your choice of the payment methods accepted by Earhook and as applicable from time to time. For a full and updated list of the technical requirements for using the Service, a complete list of Earhook’s business partners and a list of the currently accepted payment methods please visit Earhook’s website. Earhook reserves the right however to modify technical requirements for the use of the Service and to change, add or remove business partners and payment methods from time to time. Earhook will use its best efforts to notify You, via email or via push notification from within the Service, of any modifications which may limit Your technical ability to use the Service. Such notification will be sent no later than thirty (30) days prior to the entry into force of such modification. Earhook reserves the right, at any time, to add or remove a business partner and payment solution without any prior notification to You.
3.1 Earhook reserves the right, at its sole discretion, to offer the Service through different kinds of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties, plans based on the number of offered simultaneous streams, or plans based on limitations in the Content provided.
3.3 The number of simultaneous streams offered under a subscription plan will depend on the type of subscription plan that You have signed up to and will be stipulated in more detail in the supplemental terms and conditions separately accepted.
3.4 Please see the Earhook website for updated information on prices and any type of subscription plan offered from time to time in your country of residence. Here You will also find a presentation of the currently available subscription plan(s) and their corresponding supplemental terms (including any specific limitations) to which You, in order to access such plan, have to agree separately.
3.5 Information about Your current subscription plan is always available by accessing Your account on the Earhook website (i.e. by logging into Your Earhook account with Your username and password and by navigating to “my pages”).
3.6 In the event that more than one subscription plan is offered for You to choose from, You may change Your current subscription plan to another subscription plan currently offered by Earhook in Your country of residence. However, any such change may take effect from the day that the change was registered and last until after Your next recurring payment date before a new change may be registered for the same account. Your original payment cycle of thirty (30) days will not be altered by a change between different subscription plans. You can easily review, manage or change Your account details and subscription plan by accessing Your account (i.e. by logging into Your Earhook account with Your username and password and by navigating to “my pages”).
4.1 Any pre-installed Content filters, such as e.g. “kids’ mode” or other similar filter functions that may be offered from time to time, are offered to a user as an optional function. The metadata for each title in the Content that Earhook relies on regarding e.g. age limits and identification of literary genres is provided by Earhook’s publishing business partners. Earhook therefore takes no responsibility for, and does not warrant that, You will find the filters based on such metadata completely to Your personal satisfaction. Furthermore, Earhook cannot in any way guarantee that such filters are completely accurate or that they with complete certainty have filtered all non-relevant Content in accordance with what has been intended. If a filter does not work to Your satisfaction, please discontinue any use of the filter immediately and let us know how we may improve the filter and the Service to better meet Your expectations by contacting Earhook via the Earhook website. Earhook welcomes any feedback regarding Content that You find inappropriate or unsuitable in light of the filters used or that you otherwise suspect may contain infringing or otherwise unlawful features. Earhook depends on Your feedback so that we may improve our filters and our Service over time.
4.2 If and where a pre-installed “kids’ mode” filter is offered to You as a Subscriber of the Service, the settings of such filter have been made based on the metadata to allow only such Content that is deemed by its publisher as suitable for children aged twelve (12) years old or younger. This means that the Content made available in “Kids’ mode” may include any and all books and genres in the Earhook content catalogue intended for kids of all ages within this age group. Earhook can not in any way guarantee that the filter is completely accurate or that it with complete certainty have filtered all non-relevant Content in accordance with what has been intended.
5.1 Your Subscription may start with a free trial period (“Free Trial”) of the Service. The Free Trial lasts fourteen (14) days, or as otherwise specified when You sign up, and is intended as a way to allow users to try the Service.
5.2 When You sign up for a Free Trial, You acknowledge and agree that You will automatically be transferred to a monthly subscription plan at the end of the Free Trial, unless You terminate Your subscription of the Service prior to the last day of the Free Trial, in which case You will not be charged, and Your subscription will be cancelled.
5.3 If a Free Trial is offered to You, it is Earhook’s intention to offer such Free Trial once. Thus, a user who has already activated any type of Free Trial offer may be blocked from using additional Free Trials. Free Trial eligibility is determined by Earhook at its sole discretion and Earhook may limit the eligibility to prevent Free Trial abuse and/or a breach of the Terms. Earhook reserves the right to revoke or terminate a Free Trial if Earhook, in its sole discretion, determines that a user is not eligible. The user may not combine the Free Trial offer with other offers.
6.1 Earhook cooperates with third party payment service providers through which all Your payments will be made before settled with Earhook.
6.2 Subscriptions are paid monthly in advance until the subscription is terminated or as otherwise specified. As regards the timing of the monthly payments, You will be charged once every thirty (30) days, commencing on the date when You activate Your subscription, or in the case where the subscription has started with a Free Trial from the date of the expiry of such Free Trial unless the subscription has been terminated by You or Earhook before such time. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.
6.3 Earhook may offer time limited subscription plans for which You pay the full price in advance. Any such subscription plan will be automatically terminated at the end of the fixed time period.
6.4 Prices are displayed on the Earhook website. All prices include Goods & Services Tax (GST). Payment can be made by credit/debit card or by such other payment method (including but not limited to in-app payments) that Earhook at any given time may inform You As regards credit cards, please be informed that Earhook may refuse or block credit cards which are not issued in the country in which the Service is offered to You. Earhook also reserves the right at any time and at its own discretion to deny certain types of credit cards.
6.5 Prices may vary depending on type of payment method used. If prices vary, Earhook will communicate this on the Earhook website in connection to the general information on prices. Further, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.
6.6 In the event of default of or a delayed payment, Earhook reserves the right to suspend or terminate Your access to the Service. If this should occur, please log in to the Earhook website with Your username and password and re-activate Your subscription from within Your Earhook account under the ‘My Pages’ section. In the event of a delayed payment Earhook is however entitled to charge You reasonable penalty interest, reminder fees, and where applicable, statutory debt collection fees.
7.1 Earhook may offer different types of Gift Cards. Some Gift Cards may be product specific, which means that such a Gift Card is connected to a specific subscription plan, as determined by the buyer at time of its purchase. Any such a Gift Card can only be used in accordance with the terms applicable to such plan.
7.2 When You sign up as a Subscriber with a Earhook Gift Card You agree to and accept the Terms the same way a paying subscriber of the Service does, less the payment provisions herein.
7.3 As a Earhook Gift Card user You will be provided full access to the Service in accordance with the relevant subscription plan during the full period of the Gift Card. Upon the expiry of the Gift Card, the Service will be automatically terminated unless You actively sign up as a paying subscriber or redeem a new Earhook Gift Card. However, if You activate a Earhook Gift Card when You are already a subscriber of the Service, Earhook will temporarily suspend the requirement for payment of the Service until the expiry of the Gift Card, upon which time You will be automatically transferred back as a paying customer of the Service and resume the monthly subscription payment plan. your most previously used subscription plan. However, if such subscription plan is based on a product specific gift card you will be automatically transferred back to your most previously used recurring subscription plan based on a payment method not using a Gift Card.
8.1 When signing up as a Subscriber of the Service, regardless of which subscription plan You choose, You have a right to a fourteen (14) day cooling-off period. The cooling-off period applies from the date of signing up to a subscription plan.
8.2 If You begin to listen to or read an audiobook or ebook, or use the Service in any other way, You agree that You forfeit the right to cancel Your purchase of the Service as per the cooling-off rights mentioned in section 8.1 You do however still have the right to termination of the Service in accordance with section 12 below.
8.3 If You are incorrectly charged, You will be credited the charged amount within fourteen (14) days from the day on which Earhook received Your notice.
9.1 The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by Earhook should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.
10.1 The Content offered to You via the Service may vary from time to time and between the different countries and regions where the Service is available. The Content may also vary depending on Your location when You access the Service. Earhook makes no representation that the Service or the content accessible through the Service will be available for use in any other country than Your residing country in which the Service is made available to You. For information on the content currently available in Your country, please visit the Earhook website. Please be informed that Earhook is under no obligation to notify You of any changes in the Content offered.
10.2 The Service is configured to enable the use of the Service software, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual items or other material for Your personal, non-commercial use only.
10.3 You acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Earhook or except as otherwise expressly permitted under applicable mandatory law.
10.4 You also acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
10.5 This section 10 also applies to everyone who has access to the Service.
11.1 The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, our website and any forums provided by Earhook both inside and outside of the Service does not constitute endorsement by Earhook and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. Earhook does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Earhook is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, Earhook will not be responsible for content provided on any third-party website/social media platform, and further Earhook will under no circumstances be liable for any direct or indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.
12.1 As soon as You have registered an account with Earhook and signed up to become a monthly subscriber under a Subscription plan or to try a Free Trial offer Your subscription with Earhook will continue from month to month until terminated by You or by Earhook. Unless You cancel Your subscription You therefore authorize us to charge You the next month’s subscription fee in accordance with the Terms and from the payment method that You have chosen and registered with Earhook when You signed up for the Service, or otherwise as per Your later instruction to us.
12.2 To terminate the Service before a new month is added to Your subscription term, You must terminate the Service no later than the day before a new monthly period begins, otherwise the subscription continues, and You are charged for another month before it is terminated.
12.3 To unsubscribe, please turn to the Earhook website and login. Click on “My Pages” and “My Account”, select the option Unsubscribe and follow the instructions. You can also cancel the Service by contacting Earhook by other means.
12.4 In addition to Earhook’s termination rights in sections 3, 6.5 and 14.4 or elsewhere in the Terms, Earhook has the right to terminate or restrict Your use of the Service with immediate effect if Earhook has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also apply if You are otherwise using the Service in a fraudulent way or a way that may cause damage to Earhook or any third party.
13.1 As part of providing the Service, Earhook may contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service for the purpose of communicating regarding the functionalities (including sending reminders about credit card expiration dates) and the Content of the Service. Where applicable Earhook may also, unless You have declined such contact, contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service regarding promotions or similar activities, products and events that are related to the Service.
13.2 If You have separately agreed and accepted thereto, Earhook may also contact You via any other means of communication e.g. via third party social media platforms.
13.4 Earhook is not liable for any disruption to mobile networks or in the service of internet providers.
13.5 The Service is available around the clock, seven (7) days a week. However, Earhook provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Earhook will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. Earhook also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.
14.1 Unless otherwise follows from any applicable supplemental terms, the Subscriber may listen to audiobooks, read ebooks and use the Content in the Service for the Subscriber’s private non-commercial use only. Users of the Service may e.g. not play audiobooks for an audience or in a public place. Your account details (including but not limited to login details) are personal and they may not be shared with others.
14.2 The Subscriber undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, audiobooks, ebooks or other content in the Service, even for private use.
14.3 You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.
14.4 If You are offline from the Service for a period of thirty (30) days or more and have temporarily downloaded content into the app, Earhook may require You to go online to ensure that You still have an active subscription of the Service and to update the Content in the Service. If You refuse to do so Earhook reserves the right to suspend any further use of the Service until You have verified that You have an active subscription with Earhook. If no such subscription is verified Earhook may, at its own discretion, continue to suspend the Service or to terminate Your account.
14.5 You are responsible for ensuring that the information provided at registration is correct and that any personal data provided to Earhook, including Your e-mail address, is correct. You are responsible for informing Earhook of any change in the data provided, especially to Your e-mail address. Any e-mail that Earhook sends to Your e-mail address shall be deemed to have been received by You within two (2) days of the e-mail being sent.
14.6 You are responsible for maintaining control over Your account, to prevent undue access to the Service and undertakes not to reveal Your password or any other personalized details associated with Your account for as long as You subscribe to the Service.
14.7 In any reviews of audiobooks, ebooks or other literary content that the Subscriber writes, the Subscriber is responsible for ensuring that the Subscriber’s opinions are expressed in accordance with applicable laws and with respect to others and that the Subscriber does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with Earhook. It is furthermore the Subscriber’s responsibility to ensure that the Subscriber does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.
14.8 The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has Earhook’s written consent to do so.
14.9 The Subscriber must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Earhook, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and our website and any forums provided by Earhook both inside and outside of the Service appropriately and for lawful purposes only. Subsequently You agree not to use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.
14.10 In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact Earhook by way of the contact form on the Earhook website, from the email address registered to Your account or by using any other means to inform us or to lodge a complaint.
14.11 The Subscriber acknowledges that the Service includes Content not appropriate or suitable for minors. You therefore agree, regardless of whether or not You have chosen to use a Content filter (such as e.g. the kids’ mode filter), not to let minors access the Service unless they are under Your supervision.
15.1 The Service is provided and made available to You under the Terms by Earhook, a limited liability company incorporated and corporate address Box Address: Attention: # 301, A Block, Anuhar Nature Walk, Road no 25, Alkapur Township, Neknampur, Hyderabad – 500089
To contact us or our customer service department, please send an e-mail to [email protected].
16.1 The Service is provided to You solely for the non-commercial purpose of consuming entertainment, information and other similar purposes
16.2 The Terms shall be governed and construed in accordance with the laws of India, excluding its conflict of laws principles.
16.3 In case of a dispute between Earhook and the Subscriber, the parties should first attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute may be referred to the National Consumer Disputes Redressal Commission, Upbhokta Nyay Bhawan, ‘F’ Block, GPO Complex, INA, New Delhi- 110 023, India, https://www.arn.se/ https://www.ncdrc.nic.in
16.4 If You are dissatisfied with the Service, the content available on it, or with the Terms, Your sole and exclusive remedy is to discontinue accessing or using the Service.
16.5 To find more information about the Service or if You need assistance with any feature or with Your account please contact [email protected].
Address: Attention: # 301, A Block, Anuhar Nature Walk, Road no 25, Alkapur Township, Neknampur, Hyderabad – 500089
Earhook UNLIMITED SUBSCRIPTION (“SUS”)
1.1 With “Subscriber” means anyone with an active Earhook account who has access to the Service via an active subscription plan.
1.2 With “User” means anyone who has access to the Service regardless of whether he/she is a Subscriber, e.g. the child of a Subscriber. The User must be part of the same household as the Subscriber.
3.1 To get started, the Subscriber must create an account on the Earhook website.
3.3 The SUS Plan can be managed on the Earhook website under “my pages”. Here the Subscriber can make changes to the subscription plan, account details, payment method or choose to terminate the subscription.
Address: Attention: # 301, A Block, Anuhar Nature Walk, Road no 25, Alkapur Township, Neknampur, Hyderabad – 500089