Terms and Conditions for Recorder

1. Parties.
a. These Terms and Conditions for Usage of Recorder ("Application") are between you, the user ("you" or "User"), and Nothing Technology Limited (herein, "Nothing").
b. These terms read together with the User Agreement and Privacy Policy available on the website www.nothing.tech ("Terms") together govern your use of the Recorder(as defined below) in connection with a Nothing smartphone.

2. Agreement to Terms.
a. By using the Recorder, you agree to be bound by these Terms.
b. In the event you are not agreeable to any of the Terms provided herein, you shall not use the Recorder.
c. In using the Recorder, you agree that you are the rightful owner of a Nothing smartphone and possess full capacity to agree to these Terms.

3. Non-Commercial Usage.
a. "Recorder" is an application provided by Nothing that enables audio recording for User's personal/everyday use on your Nothing smartphone.
b. The Recorder shall not be used for commercial purposes.

4. User Responsibility.
a. The use/intended use of the application is for the personal or private use of the User only.
b. Nothing does not take any responsibility for the User's use or misuse of the Recorder.

5. General Use of the Recorder.
a. In order to use the Recorder, Users must grant consent for (i) receipt of notifications; (ii) making and managing phone calls; (iii) accessing music and audio on the device; (iv) accessing microphone. Without granting such consent, Users will not be able to make full use of the Recorder.
b. The Recorder must be used strictly in accordance with applicable laws and regulations and shall under no circumstances be used for any illegal purposes.

6. Territorial Restrictions.
a. The Recorder's feature is only available and may only be used in regions where local laws and regulations permit such functionalities.
b. By downloading, installing, or using this application, you confirm that you are within a permitted jurisdiction and that you will only use the recording feature in accordance with local laws and regulations.
c. It is the user's responsibility to ensure that the use of the Recorder is in compliance with any applicable laws and regulations in your location, and you agree not to use this feature in any manner that violates applicable local laws.
d. Unlawful use of the recording function is strictly prohibited.

7. Liability.
a. The User shall further be liable for any loss, damage, penalty and legal action arising out of or relating to use/misuse of the Recorder.
b. Nothing will have no liability if any conversation is recorded in violation of any law being in force. YOU SHALL INDEMNIFY AND HOLD HARMLESS NOTHING, ITS AFFILIATES, SUCCESSORS, ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, JUDGEMENTS, PENALTIES, INTEREST, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM AND RELATING TO YOUR USE OF THE RECORDER.
c. By clicking 'I agree', you, the User, declare that you will use this application in strict adherence to applicable laws, including, without limitation and as applicable, the Indian Information Technology Act 2000 & the rules made thereunder, Digital Personal Data Protection Act 2023, the European Union's General Data Protection Regulation (GDPR), the California Consumer Privacy Act, and other such laws which are for the time being in force in User's country.

8. Governing Law and Dispute Resolution.
a. This Agreement and any disputes arising under or in connection with it shall be governed by and construed in accordance with English law, without regard to its conflict of laws provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail
b. In the event of any dispute arising under or in connection with this Agreement, the parties shall attempt, promptly and in good faith, to resolve such dispute. If no settlement can be reached, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims under the Agreement must be brought within one year after the cause of action arising, or any such claim or cause of action shall be barred to the extent permitted by law.

9. Severability.
a. Each term and provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
b. Any invalid, illegal, void or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.

10. Entire Agreement.
a. These Terms comprise the entire understanding regarding their subject matter and supersede and merge all prior and contemporaneous agreements, understandings and discussions.

11. Relationship Amongst the Parties.
a. The relationship between you and Nothing is on a principal-to-principal basis and nothing in these Terms will be construed as creating a partnership, joint venture, association of persons, or employment/agency relationship between you and Nothing. You shall not have any right to bind Nothing.
b. These Terms shall give any rights of any kind to any third parties, whatsoever.