Welcome to Third Ear, provided by Third Ear Inc. (“Third Ear”, “we”, “us”, or “our”). By accessing or using our app, website, or services (collectively, the “Service”), you (“you” or “user”) agree to these Terms of Service (the “Terms”). These Terms are governed by the laws of Canada and its applicable provinces.
1. Eligibility
You must be at least 13 years old to use Third Ear. In Quebec, users under 14 require verifiable parental consent.
2. Account Registration and Security
You agree to provide accurate, complete, and current information when creating an account and to maintain the security of your credentials. Notify us immediately of any unauthorized use or breach of your account.
3. Acceptable Use
You agree not to misuse the Service, including but not limited to:
- Attempting to gain unauthorized access or interfere with any part of the Service;
- Uploading unlawful, infringing, or malicious content; or
- Engaging in conduct that could harm Third Ear, other users, or the Service’s integrity.
4. Fees and Subscription
Any paid features, fees, and refund policies are described in-app or on our website. Local consumer-protection laws apply to all purchases.
5. Intellectual Property
All content, software, and trademarks associated with Third Ear are owned by Third Ear Inc. or its licensors. You may not copy, distribute, reverse-engineer, or create derivative works from the Service or its materials without our prior written permission.
6. User Content License
You retain ownership of any audio recordings, text, or other content (“User Content”) you upload or submit.
By submitting User Content, you grant Third Ear Inc. a non-exclusive, worldwide, transferable, perpetual, and irrevocable license to use, store, process, reproduce, analyze, modify, and create derivative works from your content for the following purposes:
- Providing, maintaining, and improving the Service;
- Developing, training, testing, and evaluating artificial-intelligence models and related technologies that form part of the Service; and
- Conducting internal research, analytics, and performance optimization.
Use of your data for AI development is considered part of the Service, and your consent is assumed unless you specifically request otherwise.
You may withdraw this consent for future uses at any time by contacting us or adjusting your in-app privacy settings. Upon withdrawal, we will stop using your identifiable data for further AI-training purposes, though anonymized or aggregated data already integrated into our systems or models will remain and cannot be removed. or aggregated data already incorporated into our systems or models will remain and cannot be removed.
7. Data Processing and Storage
Your personal and audio data may be stored and processed on encrypted servers located in Canada and the United States.
We retain personal and audio data for as long as necessary to operate, maintain, and improve the Service and its AI models, including indefinite retention of anonymized or aggregated data.
When data is stored or processed in the United States, it may be subject to U.S. laws that permit access by U.S. government authorities. All third-party processors—whether in Canada or the U.S.—are contractually required to maintain equivalent privacy and security protections consistent with PIPEDA, Alberta PIPA, BC PIPA, and Quebec’s Law 25.
If you delete your account or request deletion, we will use commercially reasonable efforts to remove or de-identify your identifiable data from active systems. However, we cannot guarantee complete deletion within any specific timeframe due to technical, backup, or operational constraints.
Some data may persist in secure archives or backups for an extended or indefinite period. Anonymized or aggregated data used for AI training or analytics will be retained indefinitely and cannot be recovered or deleted.
8. Data Deletion and Retention
While we are committed to respecting your rights to delete your data, complete or immediate deletion from backups, cached data, or AI models may not always be technically feasible. We will make reasonable efforts to remove or anonymize your personal data and recordings in accordance with these limitations. Active data will typically be removed within 30 days of your request.
Data stored in backups or archives may remain beyond your deletion request but will be securely stored and not further processed.
Your audio and personal data are stored on encrypted servers located in Canada and the United States. Secure deletion methods include encryption key destruction, which renders data inaccessible.
Anonymized or aggregated data used for AI training or analytics is retained indefinitely and no longer considered personal data under Canadian law.
9. Third-Party Services
The Service may link to or integrate with third-party services or APIs. Third Ear is not responsible for the content, security, or privacy practices of those third parties.
10. Termination and Account Closure
You may cancel your account at any time. Upon termination or deletion request, your identifiable data will be marked for removal and deleted from active systems within a reasonable timeframe, typically 90 days. However, some data may persist in backups or archival storage due to technical or legal constraints.
Please note that deletion requests may affect your ability to use certain features of the Service.
Third Ear may suspend or terminate accounts that violate these Terms or applicable laws.
11. Dispute Resolution
Before initiating any formal dispute, you agree to attempt to resolve issues informally by contacting support@getthirdear.com.
If unresolved, disputes will be submitted to mediation or arbitration in Alberta, Canada, except where prohibited by local law. Class-action waivers apply where permitted but do not limit rights under Quebec’s consumer-protection laws.
12. Disclaimers and Limitation of Liability
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied.
To the fullest extent permitted by law:
- Third Ear’s total liability for all claims arising from or related to the Service is limited to the amount you paid in the 12 months preceding the claim;
- Third Ear is not liable for indirect, consequential, or incidental damages; and
- Nothing in this section excludes liability for gross negligence, fraud, personal injury, or statutory rights.
13. Governing Law
These Terms are governed by the laws of Canada and the province where you reside, including Quebec’s Law 25, BC PIPA, and Alberta PIPA. Where data is processed in the United States, applicable U.S. privacy and data-protection laws may also apply.
14. Changes to Terms
We may update these Terms at any time. Material changes will be communicated with at least 30 days’ advance notice by posting a revised version in-app or on our website. Continued use after the notice period means you accept the updated Terms.
15. Contact Information
For questions about data deletion, consent withdrawal, or other privacy concerns, please contact our Privacy Officer at privacy@getthirdear.com.
Detailed information about your rights and our privacy practices is available in our Privacy Policy.