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TIDAL – TERMS AND CONDITIONS OF USE

1. INTRODUCTION

The present document (the ”Agreement”) sets out the terms and conditions governing the use of the music service TIDAL (the "Service”) by the end user (“you”).The term “you” shall also include additional registered users whenever permitted under the applicable subscription. The Service is provided by Aspiro 2 AB (the ”Supplier” or “we”).

The Service means all services provided by the Supplier or the Supplier’s partner that are inherently related to the music service TIDAL. These may include, but are not limited to websites and applications for desktops, tablets and mobile handsets, set-top boxes and stereo equipment.

2. PREREQUISITES FOR ACCESS TO THE SERVICE

You need access to internet in order to use the Service and any cost for accessing internet shall be paid by you. This also applies when using the Service via mobile phone or tablet. If you use the Service via mobile telephone you should familiarize yourself with applicable data transfer costs for your subscription. TIDAL does not have any responsibility or liability for data transfer costs you may incur.

The Service is directed to persons 13 years of age or older. TIDAL does not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service or to submit any personally identifiable information to TIDAL. If you provide information to TIDAL through you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to us through the website, an application or otherwise, you represent that you have the permission of a parent or guardian to do so and who agrees to this Agreement on your behalf. If you are a parent or guardian and believe TIDAL may have inadvertently collected personal information from your child, please notify TIDAL immediately by sending an email to: support@tidal.com detailing the basis of your belief and your request.

3. PURCHASE, PRICE INFORMATION AND PAYMENT TERMS

You must have reached the age of 18 years or have the consent of a parent or a guardian in order take out a subscription to the Service or to make any purchase in connection with the Service.

Subscription. Certain aspects of the Service provided by TIDAL, third parties, or both may require you to purchase a subscription for a period of time as specified during sign-up thereto (collectively a “Subscription”). Your Subscription, which may start with a price promotion, will automatically continue on a Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it.

Promotion. TIDAL and our partners may offer special promotions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at sign-up or other communications made available to you.

Payment Methods. In connection with any and all Subscriptions that you select to purchase you must provide us with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription purchases are subject to the Agreement and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any Subscription, you hereby authorize TIDAL to debit the total cost of said Subscription and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for costs associated TIDAL's efforts to collect amounts due. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. We reserve the right to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate, in our sole discretion.

Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be paid in a single upfront payment while other Subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single upfront payment, the total Subscription fee is due and payable to TIDAL immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.

Automatic Renewal. In order to provide continuous service, TIDAL automatically renews all Subscriptions on the date the Subscription expires. Such renewals will be for the same duration of the original subscription term (30 days) and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single upfront payment or an installment basis). By enrolling in a Subscription, you agree that your Subscription will be subject to the above described automatic renewals. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional offer and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.

IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY: (i) visiting your account settings page (https://my.tidal.com/account), going to the section called “Subscription” and clicking on “Cancel my subscription” or (ii) sending an email request, along with your reason for cancellation, to support@tidal.com. TIDAL will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request.

There will, as a main rule, be no lock-in period. Nevertheless, certain subscriptions may be subject to a lock-in period, in which case this will be clearly communicated upon placing an order. Termination of a Subscription without lock-in period will take effect at the end of the period for which you have made payment. Termination of a Subscription subject to a lock-in period will take effect upon the expiry of the lock-in period.

4. SPECIAL OFFERS

If you have received or purchased access to TIDAL as part of a special offer, campaign or a partner deal (“a Special Offer”), then the terms presented as part of such Special Offer is a part of this Agreement. Special Offers will unless otherwise is specified only be valid for customers in the country where it is issued.

5. RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE

The Service shall be for private use only and use of the Service in commercial or public settings is not permitted.

The Service shall not be used in any manner that may violate the restrictions applicable to the utilization of the Service content. These include, but are not limited to, prohibitions against (i) any form of technical intervention in the Service for purposes of using the Service in any other manner than that intended and permitted under the present Agreement; (ii) copying and/or making public any Service content; (iii) assigning any username or password to anyone else; (iv) circumventing any technical mechanisms within the Service that have been established to protect content from reproduction/distribution; (v) using the service in violation of applicable law; and (vi) failing to respect applicable geographic/territorial restrictions.

We may suspend your access to the Service if we have reason to believe that you is abusing the Service, for example by way of the Service being used by any other person than those permitted under your subscription.

The Service may include components that make use of temporary storage of content on the various platforms (also called ”offline mode”). You access to this content for as long as you have valid access thereto your subscription. It is not permitted to gain access to such content via other mechanisms than those available via the Service. Such content shall not be copied and/or made available outside the Service.

6. APPLICATION LICENSE

By “Application” we mean an application or other technical interface provided by the Supplier that is used to access the Service. Subject to the terms of this Agreement TIDAL hereby grants you a personal, non-exclusive, non-transferable, limited and revocable license to download, run and use the Application for personal on relevant devices owned or controlled by you. Such license also applies to updates and upgrades that replaces or supplement in any respect and which are not distributed with a separate license and any documentation.

7. CONTENT COPYRIGHT RESTRICTIONS

The Service content is the property of third parties, and is made avaiable only for your personal use. All copying, distribution or other use of such content is prohibited without the prior written consent of the content rights holders. You have no right to engage in the commercial use, sale, resale, making of copies, distribution or promotion of the content. Neither shall you have any right to any use that requires a public performance license. You shall only use the content on platforms which are at your disposal for your personal use, and which support the technical protection system. You shall refrain from circumventing the technical protection system. Unauthorized use may represent a violation of applicable legislation.

8. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

TIDAL in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to TIDAL a notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, TIDAL can be reached by sending a claim to Copyright department, Aspiro 2 AB, Gråbrödersgatan 2, 21121 Malmö, Sweden or by email to support@tidal.com.

9. PROCESSING OF PERSONAL DATA

The Supplier processes personal data in compliance with the TIDAL Data Protection Policy.

10. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice witch are hereby offered as a convenience to you:

The name, address of the provider of this service is: Aspiro 2 AB, Gråbrödersgatan 2, 21121 Malmö, Sweden. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@tidal.com email.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210

11. THE RIGHTS OF THE SUPPLIER

If you fail to make payment or perform its other obligations under the Agreement, and such failure is not caused by circumstances on the part of the Supplier, the Supplier may, taking the interest of the user in account, deny further access to the Service.

You are aware that the Supplier is sending service-related information to the Customer in the form of e-mails and, where you have made your mobile number available for this purpose, by text messages.

12. WARRANTY, DISCLAIMER OF LIABILITY IN RELATION TO THE SERVICE

The Service is provided as is and the Supplier reserves the right to change functionality and content offered under the Service on an ongoing basis.

The liability of the Supplier arising from any error or other circumstance that may give rise to liability in relation to the Service shall – except for instances of any physical harm, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Service for the relevant month.

Technical problems such as temporary non-availability of individual parts of the Service or the short-term unavailability of the whole service itself must be expected and shall not constitute breach of the Agreement. Updates to the Service may take place on a regular basis. The Supplier reserves the right to add or remove support for specific devices.

13. LAW AND DISPUTE RESOLUTION

We will at all times treat personal data as set out in this policy and at all times comply with applicable data protection legislation and regulations.

14. AMENDMENT OF THE TERMS AND CONDITIONS

The Supplier may at reasonable notice amend the terms and conditions of the present Agreement or introduce new provisions, terms or conditions governing the use of the Service. Where such changes are to have effect for an ongoing subscription, you will be notified in writing of any amendments and the revised terms. You will be given a specific deadline of four weeks from receipt of such amended terms for objecting against application of such amended terms and conditions to the Agreement. In the absence of such objection, the revised terms will be deemed agreed. Supplier will inform you of this and the effect of not objecting in time at the time of communication of the revised terms.

5th September 2014 version 0.6