1. Acceptance of Terms and Eligibility
By downloading, installing, or using the Earmuffs application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the App.
You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By allowing a minor to use the App, the parent or guardian accepts these Terms and is responsible for the minor's activity.
2. Description of Service
Earmuffs is a podcast listening application that provides optional real-time audio content filtering. The App allows you to stream podcast content from third-party sources and apply configurable filters intended to reduce exposure to certain language or content categories.
3. Content Disclaimer
3.1 Third-Party Content
All podcast content accessible through the App is created, published, and hosted by third-party content providers. Earmuffs does not create, endorse, verify, or control any podcast content. You acknowledge that:
- Earmuffs is not responsible for the accuracy, legality, appropriateness, or quality of any podcast content.
- Podcast content may contain opinions, viewpoints, language, or subject matter that you find objectionable, offensive, or harmful.
- The availability of content through the App does not constitute an endorsement or recommendation by Earmuffs.
3.2 Assumption of Risk
You access and consume podcast content at your own risk. Earmuffs bears no responsibility for any harm, distress, offense, or damage arising from content you listen to through the App, whether or not content filtering is enabled.
4. Content Filtering Limitations
4.1 No Guarantee of Filtering Accuracy
The content filtering feature is provided on an "as-is" basis. Earmuffs does not guarantee that the filtering will:
- Detect or mute all instances of profanity, explicit language, or other targeted content.
- Operate without errors, interruptions, or delays.
- Meet your specific expectations or standards for content appropriateness.
- Function consistently across all podcast sources, audio qualities, accents, languages, or speaking styles.
4.2 Filtering Is Assistive, Not Absolute
Content filtering is an assistive technology that uses automated processing to identify and reduce exposure to certain audio content. By its nature, automated filtering is imperfect. You acknowledge and agree that:
- Some targeted content may pass through the filter undetected (false negatives).
- Some non-targeted content may be incorrectly filtered (false positives).
- Filtering effectiveness may vary based on audio quality, background noise, speaker characteristics, context, and other factors beyond our control.
- The filter categories and sensitivity levels are approximations and may not align precisely with your personal standards.
4.3 Parental and Guardian Responsibility
If you permit a minor to use the App, you accept full responsibility for determining whether the content and filtering levels are appropriate for that minor. Earmuffs does not guarantee that filtered content is suitable for any particular age group.
5. Limitation of Liability
5.1 General Limitation
To the maximum extent permitted by applicable law, Earmuffs and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Emotional distress, offense, or psychological harm from exposure to unfiltered or inadequately filtered content.
- Any decision or action taken based on content consumed through the App.
- Loss of data, revenue, or profits arising from your use of the App.
- Service interruptions, filtering failures, or technical malfunctions.
5.2 Maximum Liability
To the maximum extent permitted by applicable law, our total cumulative liability to you for all claims arising from or related to these Terms or your use of the App shall not exceed the amount you paid to Earmuffs in the twelve (12) months preceding the claim, or fifty US dollars (USD $50), whichever is less.
5.3 No Liability for Content
Earmuffs expressly disclaims all liability for any content consumed through the App, whether filtered or unfiltered. This includes, without limitation, liability for content that is defamatory, obscene, harmful, inaccurate, misleading, or otherwise objectionable.
6. Disclaimer of Warranties
The App and all associated services, including the content filtering feature, are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory. Earmuffs disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
7. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Earmuffs and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the App or any content accessed through it.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Any claim that content you accessed through the App caused harm to you or any third party.
This Section 7 does not apply to the extent prohibited by the laws of your jurisdiction, including but not limited to the Australian Consumer Law and the EU Unfair Contract Terms Directive.
8. User Conduct
You agree not to:
- Use the App for any unlawful purpose.
- Attempt to circumvent, disable, or interfere with the App's security or technical features.
- Reverse-engineer, decompile, or disassemble any part of the App.
- Use the App to infringe on the intellectual property rights of others.
9. Subscription, Payments, and Refunds
9.1 Subscription Plans
Earmuffs offers both free and paid access. Without a subscription, you may listen to a limited number of filtered episodes each month. Paid subscriptions ("Earmuffs Unlimited") provide unlimited access to content filtering and other premium features as described in the App at the time of purchase. Feature availability may vary by subscription tier and may change over time.
9.2 Billing and Payment
All payments are processed through the platform's app store (Apple App Store or Google Play Store). By purchasing a subscription, you agree to pay the applicable fees as presented at the time of purchase. You also agree to the payment and billing terms of the applicable app store.
- Recurring billing: Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) unless you cancel before the renewal date.
- Price changes: We may change subscription pricing at any time. Price changes take effect at the start of your next billing period. The app store will notify you of any price changes and, where required, seek your consent before charging the new price.
- Taxes: Prices may be exclusive of applicable taxes, which are determined and collected by the app store based on your location.
9.3 Free Tier and Trial Access
Without a paid subscription, you may use the App's content filtering feature for a limited number of episodes per calendar month. The specific episode limit is displayed in the App and may change at our discretion. Once the monthly limit is reached, you may continue to listen to podcasts without filtering or subscribe to Earmuffs Unlimited for unlimited filtered listening. The monthly episode allowance resets at the beginning of each calendar month.
We may also offer introductory or promotional offers from time to time. The terms of any such offer will be presented at the time it is made available.
9.4 Cancellation
You may cancel your subscription at any time through your app store account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of that period. Earmuffs does not process cancellations directly — all subscription management is handled through the Apple App Store or Google Play Store.
9.5 Refunds
Refund eligibility and processing are governed by the policies of the app store through which you made your purchase:
- Apple App Store: Refund requests must be submitted to Apple at reportaproblem.apple.com. Apple determines refund eligibility in its sole discretion.
- Google Play Store: Refund requests must be submitted through Google Play. Google's refund policies apply.
Earmuffs does not have the ability to issue refunds for purchases made through app stores. If you believe you were charged in error or have a billing dispute, please contact the applicable app store directly.
9.6 No Refunds for Filtering Performance
Subscriptions provide access to the App's features, including content filtering. Because filtering effectiveness is not guaranteed (see Section 4), dissatisfaction with filtering performance does not entitle you to a refund from Earmuffs. App store refund policies still apply at the app store's discretion.
9.7 Account Suspension and Subscription
If we terminate your access for cause (violation of these Terms or applicable law), you are not entitled to a refund for any remaining subscription period. If we terminate your access without cause, you will receive a pro-rata refund for the unused portion of your current billing period, to the extent we are able to process such a refund. In either case, billing through the app store may continue unless you cancel your subscription through your app store account settings.
10. Intellectual Property
The App, its design, features, and underlying technology (including content filtering models and algorithms) are the property of Earmuffs and are protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other brand features.
11. Termination
We may suspend or terminate your access to the App at any time for cause, including violation of these Terms, fraudulent activity, or as required by law. We may also terminate access without cause upon reasonable notice. Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Disclaimer of Warranties, Indemnification, and Arbitration) will survive.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at support@earmuffsapp.com and attempt to resolve the dispute informally for at least thirty (30) days.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, you and Earmuffs agree that any dispute, claim, or controversy arising from or related to these Terms or your use of the App shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the State of Wyoming or, at your election, by phone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.3 Class Action Waiver
You and Earmuffs agree that all disputes shall be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
12.4 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
12.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@earmuffsapp.com within thirty (30) days of first accepting these Terms. The notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Wyoming.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wyoming.
14. Force Majeure
Earmuffs shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, third-party service provider failures, cyberattacks, pandemics, or other events of force majeure. During any such event, our obligations under these Terms are suspended for the duration of the event.
15. Export Compliance
The App may be subject to United States export control and sanctions laws. You agree not to use, export, or re-export the App in violation of any applicable export control or sanctions laws, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or the U.S. Department of Commerce.
16. Account Deletion and Data
Because Earmuffs uses anonymous authentication, we do not maintain traditional user accounts with email addresses or passwords. If you wish to delete the data associated with your anonymous identifier or request information about what data we hold, please contact us at support@earmuffsapp.com. For full details on data collection, retention, and your rights, see our Privacy Policy.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any subscription or purchase terms presented within the App at the time of purchase, constitute the entire agreement between you and Earmuffs regarding your use of the App and supersede any prior agreements.
19. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by updating the "Last updated" date and provide notice in the App. For material changes that reduce your rights or increase your obligations, we will seek your affirmative consent before the changes take effect. Your continued use of the App after non-material changes take effect constitutes acceptance of the revised Terms.
20. Contact Us
If you have questions about these Terms, contact:
Email: support@earmuffsapp.com