Terms of Use

Agreement to these terms

These Terms of Use ("Terms") are an agreement between you and Energetic Health and Research ("we", "us") for the Sound Renew apps for iPhone and Android (including the earlier iTherapySmartCure, iTherapySC Dog and iTherapySC Horse apps) and this website (together, the "Services"). By downloading or using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use them.

Not medical advice

Sound Renew is not medical or veterinary advice and is not a substitute for it. Always seek medical attention first, and use Sound Renew only in addition to medical treatment. For dogs and horses, consult a veterinarian before treating pain or emotional problems. We make no claims that this therapy will cure disease. Read the full Medical Disclaimer, which forms part of these Terms.

Who may use the Services

You must be old enough to form a binding contract where you live (18 in most places) to subscribe. Younger people may use the free parts of the Services only with a parent or guardian, who is responsible for their use. You are responsible for the animals you treat and for using the Services safely.

License to use the apps

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the apps on devices you own or control, for your own non-commercial use, or in your professional practice if you hold a Professional plan. All rights not expressly granted are reserved.

You agree not to: copy, modify or create derivative works of the apps or their content; reverse engineer, decompile or extract the source code, treatment data, photographs or frequency tables, except where the law allows despite this restriction; sell, rent, lease, sublicense or distribute the apps or content; remove notices; use the Services to build a competing product; or interfere with their security or operation.

Free treatments and plans

Some treatments are free. Others require a paid, auto-renewing monthly subscription, described on the Pricing and Subscriptions and Billing pages. Payment, renewal, cancellation and refunds are handled by the store you bought from, under the terms in the in-app subscription notice and on the Subscriptions and Billing page, which form part of these Terms. We may change plans, prices and which treatments are free, with effect for future billing periods and as the store requires.

For practitioners

The Professional plan gives practitioners access to Custom Sonopuncture. If you use Sound Renew with patients or clients, you are responsible for working within your training, license and local law, for obtaining any consent required, and for your professional judgment. Certain treatments are marked for certified use and open with a warning; use them only if you are qualified to do so.

Acceptable use of the website

You may use the website for lawful, personal or professional purposes. You must not use it to violate any law, to send malware, to scrape it at a rate that disrupts it, to attempt to gain unauthorized access, or to infringe anyone's rights.

Intellectual property

The Services, including the apps, treatment content, photographs, text, graphics, software, the compilation of frequencies and the names Sound Renew and iTherapySmartCure and their logos, belong to Energetic Health and Research or its licensors and are protected by copyright, trademark and other laws. The published frequencies attributed to Drs. Nogier, Bahr and Reininger are credited to their discoverers; our selection, arrangement and presentation are ours. Third-party marks belong to their owners. See the Legal Notice.

Your feedback

If you send us ideas or suggestions, we may use them without obligation to you. Please do not send confidential information.

Apple App Store terms

If you obtained the app from the Apple App Store, the following also applies. These terms are between you and us, not Apple, and Apple's Licensed Application End User License Agreement (Apple's standard EULA) applies except where these Terms say otherwise.

• We, not Apple, are solely responsible for the app and its content, maintenance and support. Apple has no obligation to provide maintenance or support.
• The license is limited to use on Apple-branded devices you own or control, as permitted by Apple's Usage Rules.
• If the app fails to conform to any applicable warranty, you may notify Apple, which will refund the purchase price. Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for any claims about the app, including product liability, legal or regulatory compliance, and consumer protection claims, and for any intellectual property infringement claims.
• You represent that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and are not on any US list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play terms

If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not responsible for the app, and these Terms are between you and us.

Disclaimer of warranties

To the fullest extent the law allows, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted or error free, or that any treatment will have any particular effect. We do not warrant that sound therapy will relieve any condition in any person or animal. Some places do not allow some exclusions, so some of this may not apply to you.

Limitation of liability

To the fullest extent the law allows, we and our officers, employees and licensors are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, or for injury to a person or animal, arising from your use of the Services or from reliance on information in them, even if we were told it was possible. Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us in the 12 months before the claim and US$50. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence where the law forbids excluding it, for fraud, or for any right you have as a consumer under mandatory law.

Indemnity

To the extent the law allows, you will defend and hold us harmless from claims, losses and costs arising from your misuse of the Services, your breach of these Terms, or your treatment of any person or animal in a way that is not in line with our safety guidance. This does not apply to consumers where the law forbids it.

Suspension and termination

You can stop using the Services at any time by deleting the apps; cancel any subscription in your store account. We may suspend or end your access if you breach these Terms or if we stop offering the Services. Sections that by their nature should survive, including intellectual property, disclaimers, limitation of liability and governing law, will survive.

Governing law and disputes

These Terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict-of-law rules. Please contact us first at energetichealthandresearch@gmail.com so we can try to resolve a concern informally. If that does not work, the state and federal courts located in Nueces County, Texas have exclusive jurisdiction, and you and we consent to their jurisdiction, except where mandatory consumer law gives you the right to bring a claim where you live.

Changes to these Terms

We may update these Terms. We will change the date above and, if the change is material, tell you in the app or on this site. By continuing to use the Services after a change takes effect, you accept the updated Terms.

General

These Terms, with the Privacy Policy, Medical Disclaimer and subscription terms, are the entire agreement between you and us about the Services. If a part is held unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

Contact us

Energetic Health and Research
600 Cutoff Rd #15
Port Aransas, TX 78373, U.S.A.
Email: energetichealthandresearch@gmail.com