ZOUNDREAM TERMS AND CONDITIONS

Notice: Welcome to Zoundream. Please carefully read the following Terms and Conditions (hereinafter referred to as these 'Terms'), which govern the User’s use of services offered by Zoundream for analyzing and interpreting Baby cries. This includes all our websites, software applications, and any related tools or platforms that incorporate or link to these Terms (collectively referred to as the 'Zoundream Service(s)'). The use of Zoundream Services implies prior acceptance by the User of these Terms.

1. DEFINITION OF TERMS

1. Access: A granted permission to use the Zoundream Service, given the compliance with these Terms.
2. Baby: The child or infant whose cries are being analyzed by the Zoundream Service.
3. Clinical Monitoring: Continuous or periodic observation and assessment of a patient's health condition, typically carried out using medical equipment or devices.
4. Cloud API (Application Programming Interface): The set of tools and protocols that allow different software applications to communicate with each other, enabling Zoundream to analyze cries sent by third-party devices.
5. Enabled devices: Specific third-party devices, such as baby monitors, that have been enabled by Zoundream to run its technology.
6. Free Period: An access to Zoundream services without charges for a limited time.
7. Medical Service: A service provided by trained health professionals intended to diagnose, cure, treat, mitigate, alleviate, or prevent any disease or health condition.
8. Password/s: A confidential set of characters used in combination with the username to access the Zoundream Account.
9. Registration: The process by which a User creates a Zoundream Account or otherwise gains access to the Zoundream Service.
10. Service: The service offered by Zoundream for analyzing and interpreting baby cries through compatible hardware and software platforms.
11. Subscription: Paid monthly access to Zoundream services.
12. Terms: Refer to these Terms and Conditions which govern the User’s use of the Services offered by Zoundream for analyzing and interpreting Baby cries. These Terms are agreed upon between the User and Zoundream.

13. Third-Party Applications: Third-party applications, websites, or services that the User may encounter while using the Zoundream Service with the Enabled devices.
14. Translations: Outputs provided by the Zoundream Service, translating baby cries into understandable feedback or information for the user.
15. User(s): Any individual who registers for and accesses the Zoundream Service. This may include, but is not limited to, parents, guardians, or caregivers of babies prior authorization of the parent or legal guardian of the baby.
16. Username: A unique identifier chosen by the user during the registration process.
17. We: same definition as Zoundream.
18. You: same definition as User(s).
19. Zoundream: Refers to Zoundream AG, a company registered and located at SIP Basel Area AG - Lichtstrasse 35, 4056 Basel, Switzerland (CH).
20. Zoundream Account: The user's registered account required to access the Zoundream Service.
21. Zoundream and its associates refers to Zoundream and its shareholders, employees, directors, subsidiaries, affiliates, successors and assigns.
22. Zoundream IP: all intellectual property rights made available through the Service provided to or made available to the User through the Zoundream Service are owned by Zoundream or by third parties that have licensed them to Zoundream.
23. Zoundream Service: same definition as Service.

2. PARTIES IDENTIFICATION AND CONTACT DETAILS

24. These Terms are agreed upon between the User and Zoundream AG, a company registered and located at SIP Basel Area AG - Lichtstrasse 35, 4056 Basel, Switzerland (CH).

25. If you have questions about these Terms, your Zoundream Account, Subscription, or need more information on the Zoundream Service, please begin by checking our FAQ section. For direct support or further questions about these Terms, don't hesitate to contact us through the in-app form located in the "Account > Support & FAQ > Contact Zoundream" section of the application. We're here to listen.

3. OBJECT

26. These Terms regulate the Access and, consequently, the use of the Zoundream Service by Users, as well as the responsibilities derived from said Access and use.

4. ZOUNDREAM SERVICE

27. SERVICE DESCRIPTION

1. The service offered by Zoundream involves analyzing and interpreting babies’ cries through compatible hardware and software platforms. The aim is to provide a translation of what the baby is trying to communicate through its crying to the User.

2. The Zoundream Service works in a similar way to other smart services, which are activated vocally by uttering a predefined command (e.g. Google Home, which is activated by the command 'Ok google'). In this case, the processing is triggered when the device detects a baby crying, it starts listening and transmits the sound to our cloud to analyse the sound of the cry and provide feedback (e.g. the baby is hungry or sleepy).

The Zoundream Service is designed to detect and transmit only the baby's cries. However, the service could interpret a noise or sound as a baby's cry and start processing it. We are constantly working to reduce the number of such events close to zero. Nevertheless, realistically a minute amount of non-cry sounds might pass the cry detection filter and go to be processed. This is the case with all similar technologies.

Therefore, the device will 'listen' for a few seconds and transmit the detected sound to our cloud.  If it does not identify a baby crying sound, the cloud excludes it from processing. We do our best to reduce sounds that are not related to the baby crying, but we cannot separate crying sounds from other sounds if they are produced simultaneously. For example, if the User happens to be talking while their baby is crying, we cannot separate these sounds.

The User can turn off the device or suspend the Zoundream Service at any time. We recommend turning off the device or suspending the Service if the User wants to be completely sure that no sounds are captured by mistake.

3. The Zoundream Service is designed to integrate with specific third-party devices, such as baby monitors, that have been enabled by Zoundream to run our technology ("Enabled Devices"). The Zoundream Service cannot function separately and is intended to be used exclusively in conjunction with these Enabled Devices. While using the Zoundream Service with these devices, you might also encounter third-party applications, websites, or services ("Third-Party Applications"). When engaging with these Third-Party Applications, you may be subject to additional terms and conditions imposed by the respective third-party providers. Zoundream does not guarantee compatibility or bear responsibility for any issues arising from the use of all Enabled Devices or Third-Party Applications with the Zoundream Service.

28. ACCESS AND USE CONDITIONS

4. Zoundream Service is aimed at users over the minimum age in their country of residence to have full capacity to act. Therefore, to use the Zoundream Service the User must comply with the following:

1. Be of the equivalent minimum age in their country of residence to have full capacity to act. If the User is below the equivalent minimum age in their country of residence to have full capacity to act, the User must have explicit consent of their parent or guardian. Such parents or guardians must agree to these Terms on the behalf of the User.

2. Have the legal capacity to enter into binding contracts and not be barred from doing so by any applicable laws.

3. Be the parent or guardian of the baby whose cries are being analyzed and interpreted by the Zoundream Service.

5. The User undertakes to make appropriate and lawful use of the Zoundream Services in accordance with the legislation applicable at all times, these Terms, generally accepted morality and good customs and public order. Specifically, the User undertakes to:

4. Ensure the authenticity, accuracy, timeliness, and veracity of all data communicated to Zoundream. The user is solely responsible for any inaccuracies or discrepancies.

5. Use the Service solely and exclusively for the purposes and functionalities provided, in accordance with these Terms.

6. Make legal and legitimate use of the Service. Any unauthorized, fraudulent, illegal, or illegitimate use of the Service, as well as the contents and information provided through the Service, is strictly prohibited.

7. Use the Service only for personal and non-commercial purposes. Particularly, the Service shall not be used to diagnose or treat medical conditions. If the User suspects that their baby has a health problem, the User shall contact a medical professional.

8. Not cause any damage to the systems or elements associated with the Service, Enabled Devices, Zoundream’s suppliers, or third parties. Do not attempt to violate their security or authentication measures. Additionally, refrain from carrying out any actions that may cause disproportionate or unnecessary saturation in the infrastructure or communication environment related to the Service or the services provided through it. Zoundream reserves the right to take any preventive or corrective measures necessary to protect its interests and ensure the proper functioning of the Service and its specific functionalities in each case.

9. Not access the Service without authorization or interact with a false identity, whether by impersonating the identity of third parties or using a profile. Additionally, refrain from carrying out any actions that may cause confusion or mislead others regarding the correct identification of the User in question.

10. Not create or facilitate the creation of additional accounts through illegitimate or unauthorized use of the Service. This specifically prohibits the generation of pirate accounts, clones or any type of account derived from a legitimate account in order to circumvent usage restrictions, security policies or access limits established by Zoundream.

11. Not assign, transfer, share or in any way grant their access or the individual rights conferred by their account to another person or entity. This includes the prohibition of sharing access credentials, use rights, or any other benefit associated with the User's account with third parties, whether temporarily or permanently.

12. Respect the intellectual and industrial property rights of Zoundream and third parties. Specifically, do not redistribute, transmit, assign, sell, retransmit, rent, share, lend, modify, adapt, edit, sublicense, make available to the public, or in any other way transfer or use the content available through the Service.

6. To access the Zoundream Service, the User will need to create previously a Zoundream Account.

7. In relation to the registration process for creating a Zoundream Account, the User agrees to provide truthful, accurate, and complete information about their identity, and to keep it updated to ensure its continued accuracy and completeness.

8. The User is prohibited from selecting Usernames or Passwords that are contrary to the law, moral standards, generally accepted good customs, or infringe upon any rights that restrict their use by the User. This includes selecting words or expressions that are profane, insulting, slanderous, identical, similar, or in any way coincident with trademarks, company names, names, surnames, artistic names, and/or pseudonyms of third parties. If the User provides false, inaccurate, or incomplete information, or if Zoundream has reasonable grounds to suspect that the information provided is false, inaccurate, or incomplete, or violates the law or moral standards generally accepted as per the previous paragraph, Zoundream reserves its right to request modification of the Username or Passwords, or to cancel the registration and deny access and use of its Services, both present and future.

9. The User agrees to use their Username and Passwords diligently and to keep them confidential. The User is solely responsible for maintaining the confidentiality of their Username and Passwords and will be held accountable for any activities or actions carried out using them.

10. If the User forgets their Passwords, they may utilize the Passwords recovery service. The User has the option to cancel and deactivate their registration at any time by using their Username and Passwords. The User acknowledges and accepts that Zoundream reserves the right to cancel inactive registrations after a reasonable period of time. 

29. SERVICE ACCEPTANCE

11. When the User activates the device and is directed within the app to create a Zoundream account and consent to these Terms and the Privacy Notice by selecting the corresponding checkboxes. A binding agreement is concluded between the User and Zoundream, which expresses and implies the User’s acceptance to all provisions contained within these Terms. Should the User disagree with any part of these Terms, they must refrain from requesting and utilizing the Services provided by Zoundream.

12. From the moment of the User’s acceptance, you acquire the status of User of the Zoundream Services described in these Terms.

30. ZOUNDREAM SUBSCRIPTION

13. Free period:

13. Zoundream offers new and existing Users, or those who purchase new devices that integrate Zoundream technology, a free trial period of the Zoundream Service for a limited time to be specified at the time of activation of the Service (“Free Period”). This period is intended to allow the User to evaluate and decide on the continued use of the Service before committing to a monthly subscription or enjoying a certain time without having to pay the monthly subscription.

14. The User acknowledges and accepts that once the Free Period of use of the Service has started, it will run continuously for the established duration and cannot be paused, stopped, or frozen to continue enjoying the Free Period later under any circumstances. The duration of the Free Period is unalterable and any interruption or cessation of the use of the Service by the User will not give rise to the extension or compensation of the remaining time of the Free Period.

15. If the User decides to cancel the Service or the Account during the Free Period, it will be understood that they irrevocably renounce the benefit of the remaining Free Period. Cancellation will result in the immediate loss of access to the benefits of the Free Period, and the User will not have the possibility to reactivate or enjoy the same Free Period again during a later date.

16. The User may cancel the Free Period in the settings section “Account > Membership > Cancel My Subscription” or cancel the Account in “Account > My Zoundream profile > Delete account” of the App. In case of cancellation of the Service during the Free Period, no charge will be made to the User.

14. Subscription:

17. To continue using the Zoundream Service after the Free Period, the User must activate a monthly subscription ("Subscription"). This activation requires the User to provide a valid payment method.

18. Upon activation, the Subscription will commence and the payment corresponding to the current monthly rate will be charged to the payment method provided by the User.

19. The Subscription will automatically renew each month on the start date of the paid subscription, and the monthly fee will continue to be charged to the User's payment method until the Subscription is canceled by the User.

20. The User can cancel the Subscription at any time. Cancellation will be effective at the end of the current monthly subscription period, and the User may continue using the Service until said date.

21. Zoundream reserves the right to modify the Subscription rate. Any change in the rate will be communicated to the User at least THIRTY (30) days before its application, and the User may choose to cancel their Subscription.

22. The User may change or cancel their Subscription in the section of their Zoundream Account: “Account > Membership > Cancel My Subscription”.

23. No refunds will be made for partial months of Service, nor will money be refunded if the User has not used the Service during the Subscription period.

15. Rates and Payments

24. The Subscription rates will be presented to the User during registration. The taxes associated with your Subscription rates are based on the billing information you provide and the tax rate in effect at the time of the transaction.

25. Zoundream's rates for the Subscription can vary based on country, region, and other relevant factors. Furthermore, Zoundream reserves the right to modify the Subscription rate. Any change in the rate will be communicated to the User at least THIRTY (30) days before its application, and the User may choose to cancel their Subscription. These changes will only apply from the next billing cycle after the announcement and will not have retroactive effects on any previously billed periods or the current period the User is enrolled in.

26. Zoundream uses a third-party Service to manage payments. Third-party service accepts the following payment methods: debit or credit card. The User will be redirected to a secure payment gateway so that they can enter the card details. Zoundream does not have access to the payment method information data. On the payment gateway, you will identify yourself as the cardholder ; for verification, you will be asked to provide specific information. All transactions are regulated by the third party’s Terms & Conditions.

31. ZOUNDREAM SERVICE MODIFICATIONS

16. At Zoundream, we aim to deliver a Service that is both stable and reliable. Despite our best efforts, there may be circumstances when the User might experience Service interruptions or disruptions which might result from but are not limited to: (a) technical issues, (b) pre-planned maintenance or service and software updates; and (c) implementing legal and regulatory changes.

17. Should there be exceptional instances, especially when considerable disruptions to the Service occur due to Zoundream's sole responsibility, Zoundream may contemplate the provision of a limited duration of Free Zoundream Service as a compensatory gesture. Zoundream explicitly excludes the offer of monetary compensation under any circumstances. Furthermore, Zoundream maintains a strict policy against issuing refunds for Services that have been previously invoiced and billed.

5. DATA PROTECTION

32. The User understands that in order for Zoundream to provide the Zoundream Service correctly it is essential to collect and process certain baby’s personal information, since this information is needed for the cry interpretation and translation service to work. To do this, Zoundream will only collect the baby's personal data that is strictly necessary to provide you with the contracted service (voice/cries).

33. Zoundream is committed to complying with the data protection regulations that are applicable to it. You can consult detailed information about the processing of yours and your baby’s data in App at: "Account>Terms and Privacy> Privacy Notice".

6. INTELLECTUAL PROPERTY

34. All intellectual property rights made available through the Service (including, without limitation, the integrated and/or underlying software, associated apps, Cloud API, underlying code, AI models, logos, trademarks, trade names, domain names, copyrights, copyrightable materials, patents, industrial designs, design patents, and all related technology and any goodwill associated thereof) provided to or made available to the User through the Zoundream Service are owned by Zoundream or, as the case may be, by third parties that have licensed them to Zoundream (hereinafter “Zoundream IP”). Nothing in these Terms shall be understood to transfer any ownership rights over Zoundream IP, nor any rights to use the Zoundream IP other than those expressly granted herein.

35. Notwithstanding the foregoing and to the maximum extent permitted by law and except when expressly authorized in writing by an empowered representative of Zoundream, the User, while using Zoundream Services or thereafter, shall not directly or indirectly carry out any of the following actions:

18.  Access nor to use the Services and Zoundream IP for purposes not expressly authorized by Zoundream. The User shall not exceed its rights to use the Services and Zoundream IP pursuant these Terms.

19. Access and attempt to access or obtain the software’s source and/or object codes, instructions or sequences, or algorithms used by Zoundream Service, or dissemble, reverse engineer, decompile or disassemble, reproduce, or copy, transform, adapt, modify, improve, create successive versions, develop updates, or adapt the software, as well as correct any of its errors.

20. Remove, circumvent, or attempt to circumvent any methods and security measures put in place for Zoundream IP and any other components, features or functions of the Zoundream Services and its technology.

21. Generate, modify, translate, adapt, enhance, change, or perform any other act involving the unauthorized alteration, reproduction, redistribution or create derivative works of Zoundream IP, in whole or in part, including the incorporation independently into another product unless expressly authorized by Zoundream.

22. Sell, resell, license, sublicense, distribute, loan, lease, rent or otherwise transfer any Zoundream IP and any other components, features or functions of the Zoundream Services.

23. Use or otherwise exploit Zoundream Services and Zoundream IP for the purposes of benchmarking, development of a competing product or service, or for competitive analysis purposes against Zoundream.

24. Use or otherwise exploit Zoundream Services to violate third party rights or applicable laws.

36. Failure to comply with this Section will constitute a breach of the intellectual property rights of Zoundream.

7. SUSPENSION AND TERMINATION

37. These Terms will remain in effect until terminated by either the User (e.g. the User cancels their Subscription) or Zoundream.

38. Failure to comply with any of the prohibitions provided in these Terms by the User will constitute a violation of the Terms of the Zoundream Service and may result in the immediate termination or suspension of the User's Zoundream Account and access to the Service. Zoundream reserves its right to exercise appropriate legal action against the User for such violations.

39. If the User or Zoundream terminate these Terms or if Zoundream suspends your access to the Zoundream Service, the User agrees that Zoundream will have no liability towards the User, and Zoundream will not refund any amounts already paid by the User. In this regard, the User will not be able to demand any compensation to Zoundream.

40. The User may terminate their Subscription and Zoundream Account in the settings section of their Zoundream Account. Subscription: “Account > Membership > Cancel My Subscription”. Account in “Account > My Zoundream profile > Delete account.”

41. Sections 8 (Warranties and Liability), 4 (Zoundream Service), and 9 (Applicable Law, Jurisdiction and European Procedure for Disputes and Resolution), and any other sections of these Terms that, whether expressly or by their nature, are required to remain in effect after the termination of these Terms, will survive termination.

8. WARRANTIES AND LIABILITY

42. The Service is provided on an "as is" and "as available" basis. Zoundream makes no warranties or representations, express or implied, with respect to the Services, including, but not limited to: (a) The absence of errors in the translations provided through the Services. (b) The invulnerability of the Service or the impossibility of violating the security measures adopted. (c) The loss of information. (d) The impossibility of access to the Service. (e) Meeting the User needs.

43. Zoundream including its shareholders, employees, directors, subsidiaries, affiliates, successors and assigns (in this Section all those previously referenced shall be referred together as “Zoundream and its associates”) do not assume any liability arising, by way of example and not limitation:

25. Regarding the Zoundream Service, Zoundream and its associates will not be responsible for direct and/or indirect and/or intangible damages that may arise from:

27. Interruption, errors, or delays in accessing the Service by the User, the slowness or impossibility of receiving the translation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of unforeseen events or force majeure and any other unforeseeable contingency beyond the good faith of Zoundream.

28. Failures or incidents that may occur in communications, deletion, or incomplete transmissions, so that it is not guaranteed that the Zoundream Service is constantly operational.

29. Errors or damage caused to the Zoundream Service by inefficient and bad faith use of the Service by the User.

30. Lack of compatibility, capacity, reliability, or effective functioning of the User’s devices for the correct use of the Service, and the User must verify such capacity, functionality and compatibility with it, as well as with the applications, prior to contracting the Zoundream Service.

31. The use that Users and/or third parties may make of the Zoundream Service nor of the damages that may arise from the same.

32. Service disturbances caused by interventions by government entities and authorities, and third parties’ actions.

33. Other damages caused by third parties through unauthorized interference beyond the control of Zoundream.

26. Regarding the obligations assumed by Zoundream in these Terms, Zoundream and its associates will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed in these Terms, when the same is due to events that are beyond its reasonable control (hereinafter, “Cause/ s of Force Majeure"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of Zoundream and, among others, the following: (a) Strikes, lockouts or other worker protest actions/measures. (b) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or any other natural disaster. (d) Impossibility of using public or private telecommunications systems. (e) Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and that Zoundream will have an extension in the term to comply with said obligations for a period equal to the duration of the Cause of Force Majeure. Zoundream will use all reasonable means to end the Force Majeure Event or to find a solution that allows it to comply with its obligations despite the Force Majeure Event.

27. The absence of viruses or other elements introduced by third parties other than Zoundream and its associates and that may cause alterations or errors in the physical or logical systems of the User and/or the device bought by the User that includes the Zoundream Service, their correct functioning, or in the documents, files and files stored in them is not guaranteed.

28. Zoundream will take various measures to protect the Service against third party cyber-attacks. However, it does not guarantee that unauthorized third parties cannot have access to the type of use of the Service that the User makes or the conditions, characteristics, and circumstances in which said use is made. Consequently, Zoundream and its associates will in no case be responsible for any damages that may arise in these cases because of said unauthorized access and knowledge by third parties.

29. Zoundream and its associates has no obligation or liability arising from or related to third-party applications or the translation and/or content made available through or in connection with the Zoundream Service.

44. Zoundream Services are not medical services and should not be used for clinical monitoring. The User acknowledges that Zoundream Services are not intended to diagnose, cure, treat, mitigate, alleviate, or prevent any disease or health conditions. It is prohibited to use the Zoundream Service for medical diagnosis or treatment. Zoundream and its associates are not liable for any health issues or complications from using the Service outside its intended purpose. If the User’s healthcare provider recommends any specialized monitoring equipment or services, Zoundream Services shall not be used as a substitute.

45. By using the Zoundream Services, Users acknowledge that they are the exclusive responsible for the well-being and following safe sleep, health, nutrition, and care guidelines for their baby.

9. APPLICABLE LAW, JURISDICTION AND EUROPEAN PROCEDURE FOR DISPUTES

46. If the User is resident in a member state of the European Union, these Terms, and the relation between the User and Zoundream will be governed by the law of the European Union country in which the User has their habitual resident. To resolve any discrepancy that may arise between the User and Zoundream, both parties submit to the Courts and Tribunals of the User’s domicile. All of this without prejudice to the User’s right to go to the Consumer Arbitration Board in their country/area.

47. The User who resides in a member state of the European Union may also access, for any dispute related to the application, execution and interpretation of these Terms, the European procedure for disputes established by European Regulation 861/2007 of the Council, of July 11, 2007, available in the following link: ec.europa.eu/consumers/odr.  

48. If the User is resident in Switzerland, these Terms and the relation between the User and Zoundream will be governed by Swiss law. The User and Zoundream agree that any disputes, claims, or controversies will be resolved exclusively in a court in Basel, Switzerland.

10. MODIFICATIONS

49. Zoundream reserves the right to modify or change these Terms, which will be binding from the moment the User accesses and uses Zoundream Service once the modifications or changes are published. Each implementation of modifications or changes to these Terms will be considered a new version of these.

50. Such changes will not apply to any dispute between Zoundream and the User that arose prior to the publication date of the revised Terms or other terms and conditions of Zoundream incorporating such changes or the user being otherwise informed of such changes.

51. Use of the Zoundream Service following changes to these Terms signifies acceptance thereof. Should you not wish to continue using the Zoundream Service under the updated Terms, you may contact us to terminate your account. The effective date stated at the beginning of this document indicates the last modification date to these Terms.

11. MISCELLANEOUS

1. Entire Agreement: Beyond what is mentioned in this section or as expressly agreed in writing between the User and Zoundream, these Terms encompass all agreed-upon terms and conditions between the User and Zoundream, superseding any prior agreements regarding the subject of these Terms, whether written or verbal. As previously mentioned, other terms and conditions governing the use of the Zoundream Service may be incorporated herein by reference.
2. Severability and Waiver: Unless otherwise specified in these Terms, should any provision of these Terms be found invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will remain unaffected, and the application of such provision will be enforced to the extent permitted by law.
3. Assignment: Zoundream may assign any or all these Terms and may assign or delegate, in whole or in part, its rights or obligations under these Terms. The User may not assign these Terms, in whole or in part, nor transfer or sublicense their rights to any third party under these Terms.
4. Safeguarding the User's Inalienable Rights: Pursuant to the applicable law, the user may have certain rights that cannot be contractually limited. These terms are in no way intended to limit such rights.
5. Reservation of Right: Any failure by Zoundream or any third-party beneficiary to enforce these Terms or any provision thereof does not waive Zoundream's or the applicable third-party beneficiary's right to do so.

Last update: April 2024.