Terms and conditions

Important

Copyright

A notification of claimed copyright infringement must be addressed to eBeat Music's copyright agent listed above and substantially include the following:

• A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed upon;
• Specific identification of each copyrighted work claimed to have been infringed upon;
• An in-app screenshot or a proof of the material claimed to be infringed upon;
• Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
• A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

eBeat Music may, in accordance with our own policy, terminate the accounts of users who are found to be repeat infringers of copyright.

Conditions of Use and User Submissions and Site Content Standards

Monitoring and Enforcement, Suspension and Termination

• Take appropriate legal action, including, without limitation, referral to law enforcement or any regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services.
• Terminate, restrict or suspend your access to all or part of the Services, for any or no reason, including, without limitation, any violation of these Terms and Conditions.

Service status and service interruption

Third-Party Websites

Consent to Electronic Communication

Terms of Use and Sale for the eBeat Premium Service

Article 1 – General

Welcome to the Terms of Use and Sale for the eBeat Premium Service, which includes the website accessible at https://ebeat.app (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application").

These conditions of use and sale (hereinafter the "Terms") govern exclusively the eBeat Premium Service. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site or the Application.

The purpose of these Terms is to define the contractual and commercial relationship between eBeat, on the one hand, and any subscriber to the eBeat Premium Service (hereinafter the "Subscriber"), on the other hand.

The use of the Site and of the eBeat Premium Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Subscription and access to the eBeat Premium Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.

Article 2 – Presentation of the eBeat Premium Service

The eBeat Premium Service is a service subject to consent to these Terms, to listen to songs without any advertisements or limitations, on multiple devices as described hereunder.

The eBeat Premium Service includes personalised music, playlists and other content recommendations.

Once the Subscriber has signed up, he/she has access to all features of the eBeat Premium Service from the Site or the Application.

The main characteristics of the eBeat Premium Service are as follows:

- Access to songs without any limits;

- No advertising.

The eBeat Premium Service can only be used on all the devices in which the free version is running.

The eBeat Premium Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.

The eBeat Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber.

eBeat informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third-parties and which may be integrated into and/or referred to on the Site or the Application.

Article 3 – Use of the eBeat Premium Service

The use of the eBeat Premium Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by eBeat; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the eBeat Premium Service.

A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.

The music catalogue available as part of the eBeat Premium Service may be subject to change. eBeat cannot guarantee the availability of any given track or album or any artist or group in the eBeat Premium Service catalogue. Moreover, eBeat cannot guarantee that any given track, album, artist or group in the eBeat Premium Service catalogue will be available indefinitely (see copyright claims reported above). eBeat incurs no liability for the withdrawal of any part of the catalogue content made available, since they are managed and hosted by third-party services like YouTube.

As a Subscriber, you can activate the eBeat Premium Service on a compatible portable device registered with the eBeat Premium Service.

Article 4 – Availability and modification of the eBeat Premium Service

The eBeat Premium Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.

The songs made available within the eBeat Premium Service are determined based on the country where the Subscriber has subscribed to the eBeat Premium Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the eBeat Premium Service from a member state of the European Union will have access to the same content in the same manner when using the eBeat Premium Service while temporarily present in another member state, at no additional cost. However, eBeat cannot guarantee the same quality of service as provided in the Subscriber's country of residence.

Any Subscriber who has subscribed to the eBeat Premium Service outside the European Union will also be given access to the same content in the same manner when using the eBeat Premium Service while temporarily present in another country, at no additional cost. However, eBeat cannot guarantee the same quality of service as provided in the Subscriber's country of residence.

eBeat has the right to make any changes or improvements to the eBeat Premium Service as it deems necessary. eBeat nevertheless guarantees that it will not affect the quality or substantially change the features of the eBeat Premium Service.

In addition, eBeat has the right to temporarily remove access to the eBeat Premium Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that eBeat cannot be held liable and thus waives any right to compensation and/or action against eBeat in that respect. Notice of temporary interruptions in the eBeat Premium Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. eBeat is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the eBeat Premium Service will be given via the Site or Application. The Subscriber will no longer be liable for any payment from the date of the eBeat Premium Service shutdown.

Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the eBeat Premium Service

5.1 No right of withdrawal (cooling-off period)

The Subscriber expressly recognises and accepts that the supply of the eBeat Premium Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.

5.2 Period – Trials and discovery offers

eBeat offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).

5.3 Renewal

Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.

5.4 Cancellation

Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her device subscription management (istruction are provided for every platform) and cancel the subscription. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber's account, unless stated otherwise on the Site.

If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must follow the instructions provided by the third party (reported below) to cancel the subscription.

• App Store subscription cancellation (iOS)


• Play Store subscription cancellation (Android)

Article 6 – Terms of access to the eBeat Premium Service

The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).

The Subscriber declares that he/she is a resident in a country where the eBeat Premium Service is available and that he/she is the owner of a credit card issued by a bank in the same country.

Article 7 – Creation of an account

In order to subscribe to the eBeat Premium Service, every Subscriber must:

- Create an account on the Application or, if the Subscriber is already registered, log in to the Application;

- Provide the information requested on the subscription form;

- Give his/her consent to the Terms;

- Pay the price for his/her subscription via one of the payment systems offered;

- Confirm his/her subscription.

The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the eBeat Premium Service.

The Subscriber can change the password given on his/her account at any time by going on the specific section of the website.

The Subscriber must immediately inform eBeat of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third-party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber acknowledges that eBeat and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.

Article 8 – Price

The subscription price is stated in the Application and is inclusive of all taxes.

eBeat has the right to change the price of all subscription offers from time to time.

Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the eBeat Premium Service. The same will apply should a new tax be created, based on the price of the eBeat Premium Service and applicable to eBeat. The conditions for cancellation applicable in the event of a change in price of the eBeat Premium Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.

Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the eBeat Premium Service are not borne by eBeat and are payable solely by the Subscriber.

Article 9 – Payment of the price

The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or eBeat.

For optimised transaction security, eBeat has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by eBeat in terms of transaction security are identical to those obtained by eBeat from these payment service providers.

Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of eBeat and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and eBeat. This information shall be treated as valid proof between the Subscriber and eBeat unless the Subscriber is able to provide written proof to the contrary.

Article 10 – Subscriber liability

i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or Subscribe published by him/her on the Site or desktop Application; eBeat is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or Application, over which eBeat has no control or supervision.

To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):

- Does not infringe third-party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third-parties without the prior consent of the owner or owners of said rights;

- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application's features;

- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

- Does not infringe any right to privacy or promote disrespect for human dignity;

- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;

- Does not harass other Users;

- Does not promote or encourage any criminal activity or enterprise;

- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;

- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;

- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;

- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third-party rights or is in breach of the Terms.

ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.

iii) If the Subscriber breaches any law or infringes any third-party rights, eBeat has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

Article 11 – Disclaimer of warranties

The Subscriber declares that he has been informed of the scope and limitations of the Internet network.

As a result, eBeat disclaims all liability for any malfunction in access to the eBeat Premium Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the eBeat Premium Service, and the fraudulent use by third-parties of the information provided on the Site or Application.

It is therefore the Subscriber's duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which eBeat can never be held liable. eBeat can never be held liable for any malfunction of or damage caused to the Subscriber's equipment.

More broadly, eBeat disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

eBeat disclaims all liability should it transpire that the eBeat Premium Service is incompatible with certain equipment and/or features of the Subscriber's equipment.

Finally, the Subscriber is solely liable for his/her use of the eBeat Premium Service and cannot hold eBeat liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against eBeat by a third-party in relation to the Subscriber's use of the eBeat Premium Service.

Disclaimer of Warranties

Limitation on Liability

Indemnification

Waiver

Severability and Survival

Entire Agreement

Reporting and Contact