Terms and Conditions

Introduction

These user terms (the “User Terms”) together with the applicable Privacy Policy sets out the terms and conditions governing access and use of the streaming service (the “Service”) by the user (“You”).

By using the Service, You agree to these User Terms. By using the Service, You acknowledge that You are 18 years or older, or if You are 13 years or older that You have obtained parental or guardian consent to enter these User Terms.

Melodies Solutions International AB (”Melodies”) is the company providing the Service. The Service offer You the ability to stream sound recordings on-demand by way of playlists for your personal non-commercial use.

These User Terms might be subject to updates from time to time. Updated User Terms, along with their effective date will be published here: https://www.melodies.audio/eula. If You continue to access or use the Service after the effective date of the updates, You are thereby accepting to be bound by the updated User Terms. If You do not agree with the changes, You must stop using the Service. It is your responsibility to on a regular basis check whether updates have been made.

The Service  

The Services offer sound recordings through online streaming. Access to all content will solely be on an on-demand playlist basis. All playlists are curated by MeThe Service can be provided free-of-charge during a Free Trail (definitions below) or require payment before You can have access (the "Subscription"). The Service can also be provided with discount (e.g., discounts for annual Subscription plans, family Subscription plans, integrated carrier billing, student plans, etc).

Free trials

Melodies may from time to time offer a prospective customer access to the Service for a limited number of days without payment (“Free Trial”). If You are required to submit your credit card for a Free Trial period, upon expiration of the Free Trial period, such Free Trial will automatically convert to a Subscription, unless such Free Trial has actively opted out prior to expiration of the Free Trial period.

Third Party App Stores

The Service may be integrated with, or may otherwise interact with, third-party applications, such as but not limited to Apple Inc.’s (“Apple”) “App Store” and Google Inc.’s (“Google”) “Google Play” application stores ("Third-Party App Stores"). Your use of Melodies software application (“App”) though such Third-Party App Stores may be subject to additional terms, conditions, and policies provided to You by the applicable third party. Melodies does not guarantee that Third-Party App Store will be compatible with the Service.

Third-party rights

If You have downloaded the App from Apple’s App Store or using the App on an iOS device You acknowledge and agree on the following:

• These User Terms are between Melodies and You only, and not with Apple.
  
• Your use of the App must comply with Apple’s applicable Usage Rule outlined in the Apple Media Services Terms and Conditions.
  
• Melodies, not Apple, is solely responsible for providing maintenance and support services as specified in these User Terms or as required under applicable law regarding the App. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the App to You. Apple has, to the maximum extent permitted by applicable law, no other warranty obligation whatsoever for the App or these User Terms.
  
• Melodies, not Apple, are responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy, or similar legislation; and (d) claims concerning intellectual property infringement. Melodies will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  
• You are not located in a country that is subject to a U.S. Government embargo, or which has been designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
  
• You comply with all applicable third party terms when using the App.
  
• Apple, and Apple’s subsidiaries, are third party beneficiaries of these User Terms. By accepting these User Terms, Apple will have the right to enforce these User Terms against You.

If You use the App on an Android-powered mobile device You acknowledge and agree on the following:

• These User Terms are between Melodies and You only, and not with Google.
  
• Your use of the App complies with Google’s applicable Google Play Terms of Service.
  
• Google is only a provider of Google Play where You can download the App. Google has no responsibility or liability to You regarding Your use of the App. Melodies, not Google, is solely responsible for the App and for any third party claims regarding intellectual property infringement relating to the App and Your possession or use of the App.
  
• Google is a third party beneficiary of these User Terms.

Service Limitations

Melodies shall make reasonable efforts to keep the Service operational. The Service may change from time to time, without liability to You. For example, the Services may experience temporary interruptions due to technical difficulties, checking or updates. Melodies will continue to develop and update the Service, and may therefore modify, suspend, or stop (permanently or temporarily) providing the Service. Melodies has no obligation to provide any specific content through the Service, and Melodies or the applicable owners may remove playlist, sound recordings and music without notice.

Melodies has no liability to You, nor any obligation to provide a refund to You, in connection with above service limitations, internet or other service outages or failures that are caused by the actions of other third parties, or events beyond our control.

Your Use of the Service

User account and password

To use the Service, You need to create a user account. Your username and password are for your personal use. You are fully and solely responsible for all use of and via your user account irrespective of whether it is used by You or an unauthorized party. Protect your user account by keeping the password secret, not allowing third parties to access your user account. If any unauthorized use of your account occurs, You should immediately change your password and notify Melodies.  

You may access the Service from any personal computer or portable device but only while logged into your account with a username and password. You are not allowed to be more than one instance of access to the Services via your account at any one time (for example without limitation, if two individuals attempt to access the Service from the same account, Melodies reserves its right to immediately block the one attempt). Save in respect of family Subscriptions.

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Access to the Service

Provided You comply with these User Terms, Melodies grant You limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service (“Access”). The Service provides licensed sound recordings, music and playlists, not sold or transferred to You, and Melodies and its licensors retain ownership of the Services and its software applications, sound recordings, music and playlists.

You will Access the Service when You create a user account and become a subscriber. Access to the Service will be ad-free and offered solely on a paid Subscription basis. Access to the Service shall remain in effect unless and until terminated by You or Melodies. You agree to not redistribute or transfer the Service (including its sound recordings, music, and playlists). You also agree to not use the Service in a way that contradicts these User Terms. You might be held liable for losses and damages incurred to Melodies or other users of the Service, caused by You or anyone else using your user account or otherwise arising because of your failure to comply with these User Terms.

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‍Melodies and licensors property rights

The Service, its software, sound recordings, music and playlists are the property of Melodies or its licensors. All trademarks, service marks, trade names, logos, domain names, and any other features of Melodies brand are the sole property of Melodies or its licensors. You agree to not use any above whether for commercial or non-commercial use. You agree to not make offline copies and/or download any of the sound recording content offered through the Service.

For the avoidance of doubt,  you may not, and you may not permit any third parties, to:

• use (including, but not limited to, reproducing, distributing, publicly performing, ripping, scraping, crawling, mining, recording, altering, making extractions of, or preparing derivative works of) any creative works owned or controlled by Melodies or its licensors or to link to or ingest such creative works in connection with the creation of datasets, as inputs for any machine learning or AI technologies, or to train or develop any machine learning or AI technologies (including by automated means).
• use the name, image, likeness, and/or voice of any of the licensor artists and/or songwriters in connection with any machine learning or AI technologies.

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Payment – price and taxes

You purchase a Subscription from Melodies or through a third party by paying a monthly Subscription fee plus applicable taxes in advance.

Melodies may from time to time make price changes, including the Subscription fees and will communicate any price changes to You in advance. Price changes will take effect at the start of the next Subscription period following the date of the price change and, by continuing to use the Service after the price change takes effect, You have accepted the new price. If You do not agree to a price change, You can reject the change by unsubscribing prior to the price change going into effect.

Tax rates are calculated based on the information You provide and the applicable rate at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information You provide.

Melodies will market direct billing options to You who paid through Third Party App Stores. Separate terms and conditions can occur when purchase access to the Service and Subscription through a third party, with such third party may apply to your use of the Service in addition to these Terms

Subscription renewal

Your Subscription will automatically renew monthly and your payment for the paid Subscription will automatically renew at the end of the applicable Subscription period unless You cancel your paid Subscription before the end of the then-current Subscription period.

Cancellation by You

You may cancel your user account and these User Terms at any time, in which case You may not continue accessing or using the Service. The cancellationwill take effect the day after the last day of the current Subscription period. Payment, if any, is non-refundable, even if You did not use the Services. Contact us via our Customer Support for instructions on how to cancel.

These User Terms shall remain in effect even after termination of your user account and these Terms.

Customer Support and Contact information

Any questions, help or complaints regarding the Services can be directed to:  

Melodies Solutions International AB,
Kungsgatan 64,
111 22 Stockholm,
SWEDEN

or by email to: feedback@melodies.audio

Privacy Policy

Melodies Privacy Policy forms part of these User Terms and is incorporated herein by reference.

Problems and Disputes

Suspending and termination by us

Melodies reserve the right to suspend your access to the Service following a warning, if You act in breach of these User Terms or if your use of the Service could cause damage or loss to us or any other user of the Service. The suspending and termination will take effect immediately. You agree that Melodies shall have no liability or responsibility to You, and Melodies will not refund any amounts that You have already paid.

No warranties / Limitations of liability

Melodies expressly disclaim all warranties and conditions of any kind, in relation to users such as yourself regarding the Service. Your use of the Service is at your own risk. The Service, its sound recordings, playlist, and music are provided “as is” and “as available” without any warranties of any kind, whether express, implied, or statutory. Melodies makes no representations, warrants, or assume any responsibility for any third-party applications. No advice or information to You from Melodies shall create any warranty on behalf of Melodies.

You agree that your sole and exclusive remedy regarding any problems or dissatisfaction with the Service is to cancel your access and stop using the Service. In no event will Melodies, its employees, suppliers, licensors be liable for damages, loss of use or inability to use the Service. Melodies liability in relation to your losses is strictly limited to your purchase price You paid for accessing the Service, and Melodies are not responsible for any loss or damages that is not foreseeable at the time You used the Service.

These User Terms do not limit Melodies liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

Indemnification

To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold Melodies harmless from and against all claims, damages, losses, including, without limitation, reasonable fees and costs arising from or relating to (a) your breach of these User Terms; (b) your unauthorized access to, use or misuse of the Service; (c) your violation of any law or the rights of a third party.

Governing law and disputes

These User Terms shall be governed by and construed in accordance with the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these User Terms shall be finally settled by in the city court of Stockholm.

Miscellaneous

If any term of these User Terms should be held to be invalid, illegal, or unenforceable, the remaining provisions of these User Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

These User Terms and the incorporated Privacy Policy, constitute all terms and conditions agreed upon between You and Melodies and supersede any prior agreements in relation to the subject matter of these User Terms, whether written or oral.

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