SMUSIX

TERMS AND CONDITIONS

1 Introduction

Below are the general terms and conditions that govern your use of the personalized services provided by Smusix (hereinafter the “Terms”). These Terms cover the use of our Services to transmit music and other content, including any related websites and software applications that incorporate or link to these Terms (collectively, the “Smusix Service”), and any music and videos or other material, which is made available via the Smusix Service (hereinafter referred to as “Content”).

Your use of the Smusix Service may be subject to additional terms and conditions of Smusix, which are incorporated into these Terms by this reference.

By registering or otherwise using the Smusix Service, you agree to these Terms. If you do not agree to these Terms, we urge you not to use the Smusix Service or access any Content.

1.1 Who provides the platform and services?

The Services and Platform are provided by Smusix. These Terms apply between you and Smusix.

2. What services are covered by these terms and conditions?

These Terms apply to your use of SMUSIX applications (including Smusix app and web), websites, software and related services, regardless of how you access them.

3. Additional terms and policies that may apply depending on the features you use.

Additional terms and policies may be imposed on certain products or features of the Platform that we may make available to you, particularly when you post certain types of content or when you use the Platform for commercial or business purposes. Below are the key terms you should know as they form an integral part of these Terms:

Rewards Policy: This policy governs the receipt of rewards from Smusix, such as virtual gold records. You will receive gold records that you can give to the singers you like the most to help them climb into the top 100. The singer who receives it will not receive any financial compensation for the time being

Copyright and Intellectual Property Policy: This policy applies to all content on the Platform that is protected by copyright. We value and respect copyright law and ask that you do the same. By accessing and using the Services, you agree not to infringe any copyright laws. We reserve the right, with or without notice and at our sole discretion, to terminate access and/or terminate the accounts of any user who infringes or is alleged to infringe any copyright or other intellectual property right.

4. Use of the Platform

4.1 Platform and services and business model

We provide the platform worldwide.

The Platform allows you and others to create, view, interact and share content and to engage with other users. We customize aspects of your experience on the Platform, such as the presentation of your feed in the Smusix application. The Feed is a special feature of Smusix that uses a recommendation system to discover a variety of content, creators, and songs that you are likely to find interesting. To determine these recommendations, the system considers factors such as likes, shares, comments, search queries, content variety and popular videos.

Our goal is to create a safe environment on the platform where people can express themselves freely and have fun. We work with our partners and use technology, human moderation and user reporting to detect violations and enforce these Terms and our Community Guidelines to protect you and all users.

Access to most of the Platform’s features is free for users, but we may also charge commissions for purchases of gold records and commissions for a future premium service.

To understand how we handle the data we collect about you, we recommend that you read our privacy policy and cookie policy. These documents do not form part of these Terms, but they are essential and we encourage you to read them.

Users may incur costs for certain features of the Platform, such as purchasing virtual gold discs (see our Currency Policy). However, these features are optional and any fees will be communicated prior to collection.

4.2 Account Information

You can access certain essential features of the Platform without having to create an account. If you use the Platform without having an account, these Terms will continue to apply to such use and we will continue to manage your personal information in accordance with our Privacy Policy.

In order to fully utilize the functionality of the Platform, you must create an account with us. We can offer different types of accounts.

When you create an account, the information associated with your account will be synchronized across the platform, including each Smusix application. For example, if you create an account through Smusix, you will have access to other Smusix applications available in your country, such as: B. Smusix WEB or future applications. Your account information, content and platform settings (including privacy settings), as well as any changes you make, are automatically synced across each Smusix app.

When you create an account to access and use the Platform, you must provide accurate and current information about yourself (such as your date of birth). You accept responsibility for maintaining and promptly updating your information should it change.

You are required to take appropriate measures to maintain the confidentiality of your account password and not to disclose it to third parties. If you know or suspect that a third party has access to your password or account, we ask that you inform us.

4.3 Age Restriction

4.4 Activities permitted on the Platform

4.5 Restrictions on the use of the platform

Our community principles are fundamental to all content on the platform. When interacting with the Platform, you are strictly prohibited from creating, posting, sharing, linking to, or interacting in any way with any content that violates our Community Standards.

Under no circumstances are you permitted to use the Platform for the following purposes:

Engage in any illegal activity such as posting, transmitting or distributing illegal content.
Take any action that violates any laws or regulations relating to money laundering, terrorist financing, export controls and economic sanctions.
Establishing inappropriate or exploitative relationships with minors.
Sabotage the operation or security of the Platform.
Engage in inauthentic business practices such as: such as operating spam accounts, phishing, or other behaviors listed in our Community Standards.
Submit obviously unfounded objections, reports, communications or complaints.
Extract any data or content from the Platform using any automated system or software not provided or authorized in writing by Smusix.
Use or attempt to use another user’s account without authorization.
Buy or have a verified user account.

In addition, it is strictly prohibited to publish, transmit or distribute any content on the Platform that:

Violate the rights of others, including intellectual property, privacy and/or publicity rights.
Establish, encourage, or give instructions for a criminal offense or dangerous activity.
Spread harmful misinformation, incite hatred or prejudice, or unduly influence elections or other civic processes.
Contains threats, intimidation, harassment, or material intended to mock, humiliate, embarrass, or harm another person.
Is obscene or pornographic material or promotes sexually explicit material.
Be hateful, inflammatory, or promote violence or discrimination based on various criteria.
Contains harmful content that, for example, causes physical, mental or moral harm to minors.
Content, be it songs or videos, that you do not own or do not have copyright

We encourage you to report any content that you suspect is illegal or violates these Terms or our Community Standards by using the reporting features provided on the Platform.

If you find that your content on our platform has been uploaded to another user’s account, report it and we will delete it immediately

4.6 Managing your content/music

When creating, publishing or sharing on the Platform, it is important that you understand the purpose of your content:

You are responsible for the content you share on the Platform and must have all rights necessary to create, publish or distribute it.
If you create, publish or share content through a Smusix application, that content may be transferred to other Smusix applications (although your privacy settings will remain in effect in each application). For example, if you publish a video on Smusix, it can also be used on the Smusix website in the TOP100 of our social networks or in our other apps.
We conduct both proactive reviews (using systems that detect illegal or harmful content) and reactive reviews (receiving notifications from users or authorities). We use technology and human moderators to moderate content. You can find out more details about our content moderation approach here.
We reserve the right to remove or restrict access to any content, including yours, that we reasonably believe (i) violates these Terms or our Community Guidelines; or (ii) cause harm to us, our affiliates, our users or other third parties. The Community Rules detail how the removal or restriction of content on the platform can be carried out.
If we remove or restrict access to your content, we are under no obligation to notify you. However, if we have the opportunity to notify you, we will do so and tell you the reasons for our decision, unless it is deemed inappropriate to do so (for example, due to legal restrictions).
If you believe that we have made a mistake in removing or restricting your content, you may object using the features provided on the Platform and we will review our decision. Further information on lodging a complaint, our complaint handling process and other redress alternatives can be found here.
You are free to remove your content from the platform at any time. If you delete content from a Smusix application, you can also ask us to delete content on other apps or social networks.
You have the ability to limit how other users interact with and use your content through your platform settings. It is recommended that you review these settings before publishing content on the platform.

4.7 Rights to content and grant of licenses

If the artist is signed by a record label or has sold the rights to the song to another person or entity, and no longer has the permission or rights to upload their music to the platform and earn royalties from it, any royalties generated will be given to the rights holder. (In the event that the artist has uploaded a song without having the rights or license and has already collected the generated royalties, the artist must return the same amount claimed to the rights holder). The rights holder will have the power to decide whether to keep the song on the platform or remove it. The rights holder or licensee must contact us. We will verify that all information is accurate and proceed according to the decision of the rights holder.

Independent Artists

If the artist is independent, the platform will never claim their intellectual property. The artist is free to upload their music to any platform they choose, and manage and monetize their content as they wish.

To activate the platform, we need certain rights from you, so-called licenses. Details of these licenses can be found below.

By creating, posting or sharing Content on the Platform, you grant Smusix:

A non-exclusive license (meaning you can license your content to others).
Royalty-free (i.e. you will not be paid for this license for now).
Transferable (meaning we may assign the rights you grant us to another company).
Worldwide (i.e. the license is valid anywhere in the world)
By uploading a video to our platform, we do not retain its license or copyright. By uploading a video or song, you agree that we can reproduce it on our app and social networks.

This license permits use of your Content, including reproduction (e.g., copying), adaptation or creation of derivative works (e.g., translation and/or subtitling), performance, and public display of your Content (e.g., their display). , for the purpose of operating, developing and providing the Platform, subject to the configuration of your Platform.

The license for your content is extended to partners as the platform becomes available.

In addition, you grant each user of the Platform a worldwide, non-exclusive, royalty-free license to access and use the Content, including copying (e.g. copying, sharing or downloading), adapting or creating derivative works (e.g . Incorporating your content into your own content) and communicating that content to the public (e.g. display) using the features and functions of the Platform for entertainment purposes, subject to your Platform settings.

Your Smusix and User licenses will terminate if you close your account or if you or we remove your Content from the Platform in accordance with these Terms. However, due to the nature of the Platform and our legal obligations, the license granted will survive the removal of your Content, provided:

Due to its growth and reach, you give us the right to publish your content on our social networks with the intention of promoting it.
For legal reasons, we are obliged to store or process your content.

5. Our Obligations and Limitations of Liability

We aim to provide the Platform with reasonable skill and care and to act with professional care in deciding to keep it available. Furthermore, we are committed to taking all reasonable measures to ensure a safe environment for our users. However, we cannot guarantee the unlimited availability of the Platform or maintain it in its current form for any particular period of time.

The main content of the Platform is generated by users coming from various people and companies using our Service. Although Smusix contributes to the content, we are not the primary creators. Subject to mandatory regulations or laws, we cannot guarantee that the content generated by users on the Platform:

– Always be accurate, complete and up to date.
– Do not violate the rights of third parties.
– Be legal.
– Cannot cause offense.

It is important to understand that the content on the Platform does not necessarily reflect our views or values and may not be suitable for all purposes.

The Platform may contain links to third-party websites, advertisements, services, offers or other events that Smusix does not control or endorse. You use these items at your own risk.

Unless we breach these terms and conditions or the loss or damage was reasonably foreseeable at the time the agreement was made, we will not be liable for any loss or damage caused by us. We will also not be responsible or liable for any loss or damage caused by events beyond our reasonable control.

These Terms do not affect your statutory rights, which cannot be varied or waived by contract, particularly if you are a consumer. We do not exclude or limit our liability to you in any way where it would be unlawful to do so. You always enjoy the full protection of the laws that apply to your situation.

6. Suspension or termination of the relationship

6.1 Your Rights

You may terminate your relationship with Smusix at any time by closing your account and discontinuing use of the Platform. For detailed instructions, see our Help Center. If you are an EEA consumer, you also have the option to close your account and terminate this Agreement at any time, either via the application or via the model cancellation form available here.

Please note that closing your account in one Smusix application will affect your access to your content and your account in all other Smusix applications linked to that account.

6.2 Rights of Smusix

In the event of a suspected violation of these Terms or our Community Standards, we may conduct an investigation. During this process, we may remove some or all of your content or block your access to some or all features of the Platform, acting reasonably and objectively depending on the severity of the alleged violation.

We may later decide to temporarily suspend or permanently terminate your account or restrict or restrict your access to the Platform’s features if:

We reasonably and objectively determine that you have committed a material or repeat breach of these Terms or our Community Standards.
We have objective reasons to believe that you are about to materially breach these Terms or our Community Standards.
We are legally obliged to do this.
This is reasonably necessary in response to a serious technical or security issue.

We keep records of violations of our Terms. Repeated violations or a single serious violation may result in permanent account suspension. Learn more about it here.

If we have previously terminated your account due to a violation of these Terms or Community Standards and you use our Platform again (for example, by opening another account), we have the right to suspend or terminate those accounts.

If you believe that we made a mistake in suspending or terminating your account, you may object using the features provided on the Platform and we will review our decision.

For the avoidance of doubt, if we suspend or terminate your account, or if you delete your account, you will lose access to all Smusix Applications.

7. Changes to these Terms or the Platform

7.1 Settings and Notifications

From time to time we may make adjustments to these Terms or the Platform. If we decide to make changes, we will consider your legitimate interests before implementing them.

We will also inform you of any significant changes that affect you in a timely and transparent manner, stating the date on which they come into force. These changes will only apply to future events in our relationship.

In urgent situations, e.g. For example, for security reasons or to comply with legal or regulatory requirements, we may not be able to notify you in advance, but we will do so as quickly as possible.

If you do not agree to the adjustments in the Terms of Use or the Platform, you have the option to stop using them.

In short: We will notify you of any changes. It doesn’t change what happened before. However, if you wish to continue using the Platform, you must accept the changes. Our platform will continue to evolve as we refine it.

7.2 Reasons for Changes

The reasons that could lead to changes to these Terms or the Platform are:

Changes in circumstances beyond our reasonable control.
Changes in the law.
Regular updates as our platform develops.
Adaptation to new technologies.
Reflect fluctuations in the number of users or relevant features of the platform.
Solve security problems.

8. Dispute Resolution

9. Email and newsletters

When you register your account, we will send you an email with a verification number to validate your email address, except for users who register through Google or Apple. You will then receive another welcome email with the opportunity to sign up for our newsletter. This newsletter offers relevant and valuable content related to the music sector.

When registering, please note that your email address may be shared with a third-party service provider (SAS) based in the United States that specializes in sending newsletters. This action is carried out exclusively to facilitate the sending of our newsletter and is subject to the data protection regulations of the respective provider, which comply with the relevant regulations.

10. Additional Considerations

You may not assign or transfer these Terms or the rights and permissions granted herein, but Smusix may make assignments without restriction. If we carry out an order, this has no impact on your rights as a consumer. In addition, you have the right to terminate this Agreement and stop using the Platform at any time if you are dissatisfied.

In Short: Although it is not within your power to assign these Terms, Smusix has the ability to do so. If at any time we decide to pass on our responsibility, this will not affect your position as a user.

With respect to account names, we may reclaim your name and make it available to other users if you have not logged in to your account for 6 months or if we have reason to believe that your account name violates our Terms of Service and/or Community Guidelines (e.g. violates third parties). brands of parties).

Even if either party fails to enforce any provision of these Terms, we may still do so in the future. Failure to immediately insist on compliance with any provision or to delay action upon non-compliance will not prevent either party from taking subsequent action.

You can contact us at info@smusix.com