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TERMS & CONDITIONS 

 

1. About us.

 

Tunery app (“we”, “us”, and/or “our”) is a mobile device application that is owned, operated, and managed by HARMONYBIT LTD, a private company limited by shares, incorporated and registered in the Republic of Cyprus with company number HE 3920773 whose registered office is at Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus.

 

We can be contacted by writing to HARMONYBIT LTD, Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus, by e-mail at [email protected].

 

2. General terms & conditions.

 

These Terms of Service (“Terms”) constitute an agreement between you and us regarding your use of the Tunery app (“Tunery app”). By using Tunery app, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Tunery app.

 

2.1. Service description.

Tunery app is an information location tool offering access to a selection of radio stations, podcasts, and other content. Your use of the Tunery app and your viewing of the content available at the Tunery app, is subject to these Terms.

 

Tunery app is the digital equivalent of a radio receiver. Tunery app designed to simplify finding radio programming from broadcast or radio sources through software applications made available for mobile devices. Tunery app is an intermediary which connects (via embedded hyperlinks) users to radios broadcasting over the Internet.

 

By agreeing to these Terms of Service, you consent to Tunery app’s collection, use, and disclosure of your data, including your personally identifiable information, with respect to your use of the Tunery app.

 

The websites (including the online streaming audio and/or TV and/or radio stations) displayed as search results or linked to by the Tunery app are owned and operated by individuals and/or companies over whom Tunery app exercises no control. Tunery app assumes no responsibility for the content of any website or other resource included in any search results or otherwise linked to by the Tunery app. As an example, logos as well as links to radio station streams or TV stations are the copyright or trademarks of each respective radio station or TV station. If for any reason, the owner and operator of a linked website wish the link from the Tunery app to be deleted, they must contact Tunery app [email protected] and expressly request such deletion.

 

Tunery app allows finding radio programming only from public domain broadcasts or radio sources. 

 

Tunery app is created for personal non-commercial use only.

 

2.2. Registration. 

 

Subscription. Certain features of the Tunery app are available to you free of charge (the “Free Service”). Other aspects of the service are only available to paying subscribers (the “Subscriptions”). 

 

In order to access the Free Service and/or Subscriptions, and enjoy the full functionality and benefits of the Service, we may require you to register an account with us.

 

Accuracy of information. You acknowledge and agree that the information provided by you is true, accurate, and correct. You agree to promptly notify us in writing in the event of any changes to any of your information. 

 

You are responsible for the security of your account and are fully responsible for all activities that occur through the use of your account credentials. You agree to notify Tunery app immediately at [email protected] if you suspect or know of any unauthorized use of your account credentials or any other breach of security with respect to your account. Tunery app will not be liable for any loss or damage arising from unauthorized use of your account credentials.

 

Your login details are for your own personal use only and you must keep your login details confidential and secure. Sharing your login details with any other person is strictly prohibited.

 

2.3. Availability.

 

We will use reasonable endeavors to ensure that the Tunery app is available for download and use at all times. However, Tunery app is provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to the Tunery app will always be available and/or uninterrupted.

 

2.4. Conditions of use.

 

In return for your agreeing to comply with these Terms you may: 

(a) download Tunery app onto a device and view, use, and display it on the device for your personal purposes only; 

(b) receive updates to the software code of the Tunery app via the App store that you downloaded Tunery app from – these may incorporate patches and corrections of errors as we may provide to you. 

 

Your right to use the Tunery app is personal to you, you may not otherwise transfer the Tunery app to anyone else for any reason. If you sell or give away any device on which our Tunery app is installed, you must remove Tunery app from it first. The ways in which you can use Tunery app may also be governed by the terms of the app store that you downloaded Tunery app. In the event of a conflict between these Terms and the terms of the app store that you downloaded Tunery app from, the terms of app store from which you downloaded Tunery app shall take priority.

 

3. Fees.

 

Once you have installed the Tunery app you can select the subscription that you would like in order to use. Further details of each type of subscription and its cost are detailed in the Tunery app. The subscription will only monetize app features.

 

Tunery app features may be made available via in-app purchasing. 

 

All transactions between you and us are handled via the app store that you downloaded the Tunery app from.

 

3.1. Billing authorization.

 

BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE TUNERY APP OR APPLE (OR ANY OF THEIR SERVICE PROVIDERS), AS APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE WEEKLY, MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUE-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.

 

3.2. Subscription fee changes.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME AT OUR SOLE DISCRETION. IF WE CHANGE THE SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE THE SERVICE AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM THE SERVICE PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.

 

3.3. Automatic Renewal; Recurring Charges.

 

YOUR SUBSCRIPTION WILL BEGIN ON THE BILLING DATE AND CONTINUE FOR THE SUBSCRIPTION PERIOD THAT YOU SELECT ON YOUR ACCOUNT (SUCH PERIOD, THE “INITIAL SUBSCRIPTION PERIOD”), AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD (THE INITIAL SUBSCRIPTION PERIOD AND EACH SUCH RENEWAL PERIOD, EACH A “SUBSCRIPTION PERIOD”) UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE BILLING DATE AND THEREAFTER ON THE RENEWAL DATE OF YOUR SUBSCRIPTION FOR ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT.

 

3.4. Cancellation and refunds.

 

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER WHICH YOU WILL BE DOWNGRADED TO THE FREE SERVICE. IF YOU WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU MUST CONTACT APPLE.

 

4. Restrictions.

 

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not: 

  • (a) copy Tunery app except or where it is necessary for the purpose of creating a back-up or operational security; 
  • (b) modify or translate Tunery app in whole or in part, or combine or merge Tunery app with any other object code or program; 
  • (c) reverse engineer, decompile, disassemble, reduce the object code of Tunery app to source code form or create (or attempt to create) derivative works based on the whole or any part of Tunery app, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities: 
  • (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and 
  • (ii) is not used to create any software that is substantially similar in its expression to Tunery app 
  • (iii) is kept secured; and 
  • (iv) is used only in accordance with applicable law; 
  • (d) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer Tunery app or your right to use Tunery app; 
  • (e) remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within Tunery app; 
  • (f) incorporate Tunery app into another service or website or make it available via framing or mirrors; 
  • (g) extract any data or metadata from Tunery app nor create any index or database incorporating any part of it; 
  • (h) circumvent, disable or otherwise interfere with security-related features of Tunery app or features that: 
  • (i) prevent or restrict use or copying of any part of Tunery app; or 
  • (ii) enforce limitations on use of Tunery app, in each case other than to exercise your rights under Terms 
  • (i) do anything that may cause damage to Tunery app; 
  • (j) carry out any harmful or illegal activities using Tunery app; or 
  • (k) use Tunery app in any manner not expressly authorized by these Terms; 
  • (l) use any robot, spider or other automated device or process to access Tunery app for any purpose or copy any material; 
  • (m) publish, post, upload or distribute user content or content that is illegal or that you don’t have permission to freely distribute; 
  • (n) use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool; 
  • (o) modify any file or any other part of the Tunery app that we do not specifically authorize you to modify.

 

5. Intellectual property rights and licenses.

 

Any software that may be made available by the Tunery app contains proprietary and confidential information that is protected by applicable intellectual property laws. Tunery app grants you a personal and non-exclusive right and license to use this software only for personal and non-commercial use of the Tunery app. Any other rights not expressly granted herein are reserved by Tunery app.

 

All intellectual property rights throughout the world belong to us and our licensors and the rights in Tunery app are licensed (not sold) to you. You have no intellectual property rights in, or to, Tunery app other than the right to use them in accordance with these Terms.

 

6. Liability.

 

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen (“Foreseeable Losses”); and

 

we limit our aggregate liability for Foreseeable Losses, arising out of or in connection with these Terms, to you in respect of all events occurring in any calendar year, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, to the greater of:

  • (a) 100% of the fees paid and payable by you to us in a such calendar year; and
  • (b) € 50.

 

Circumstances giving rise to a loss or damage which is not foreseeable includes but shall not be limited to:

  • (a) any use of Tunery app in a manner that we do not authorize;
  • (b) ending, suspending or restricting use of Tunery app in accordance with these Terms;
  • (c) any loss or damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by us;
  • (d) any loss or damage (including to any device or content belonging to you) caused by us to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach of these Terms (or any other contract you have in place with us), unless we were in breach of a legal obligation or duty of care owed to you by us and that breach is the substantial cause of the loss or damage;
  • (e) any loss or damage caused by any error, bugs or viruses arising in your use of Tunery app that are not directly caused by or attributable to Tunery app, or any incompatibility of Tunery app with any other software, hardware or material on your device.

 

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the laws of England.

 

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the technical requirements advised by us.

 

Tunery app is for domestic and private use only. If you use Tunery app for any commercial, business, or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Please note that in some jurisdictions consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions, and limitations of liability in these Terms may not apply.

 

We recommend that you back up any content and data used in connection with the Tunery app, to protect yourself in case of problems with the Tunery app.

 

Tunery app have not been developed to meet your individual requirements. Please check that the facilities and functions of Tunery app (as described on the app stores where Tunery app is available and in the related documentation) meet your requirements.

 

If our provision of support for the Tunery app is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. 

 

Provided we do this we will not be liable for delays caused by the event but you may terminate these Terms by ceasing to use Tunery app and deleting or removing Tunery app from your device.

 

There are some locations where Tunery app with paid-for in-app purchasing products are not permitted and therefore in those locations Tunery app will not be visible to app store users registered in those locations.

 

YOU AGREE THAT YOU WILL COMPENSATE US FOR ANY LOSSES (INCLUDING REASONABLE LEGAL FEES) THAT WE INCUR AS A RESULT OF ANY BREACH OF TERMS BY YOU.

 

7. Advertising and monetization.

 

You acknowledge that Tunery app and the Tunery app’s content may be supported by advertising revenues and we may place advertising, promotions, or sponsored content on Tunery app. You acknowledge that we may not always identify advertising, promotions, and sponsored content, and the manner, mode, and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within the Tunery app.

 

8. Changes to these terms.

 

These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are: 

  • (a) the result of a change in applicable law or our business; 
  • (b) necessary for the provision of Tunery app; or 
  • (c) the result of any improvements to the Tunery app. 

 

If we make any changes (including any changes to our policies), we will give thirty (30) days’ prior written notice to you via electronic communication within Tunery app. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use Tunery app after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated. 

 

We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

 

9. Termination.

 

You may terminate your account and your right to use the Tunery app at any time by contacting Tunery app customer support at [email protected] 

 

Nevertheless, Tunery app is given the right to at any time for any reason or no reason, immediately suspend or terminate your account, with or without notice to you.

 

Effect of termination. After any termination of this Terms, you understand and acknowledge that:

  • (i) we will have no further obligation to provide services to you; and
  • (ii) all licenses and other rights granted to you in this Terms will immediately cease.

 

We are not liable to you or any third party for termination of your use of the Tunery app.

 

10. Miscellaneous.

 

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

These Terms are governed by laws of England (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and Tunery app shall be dealt with exclusively by the courts of England.

 

Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of these Terms.

 

11. Notice for Apple Users

 

Since the Tunery app is available on the Apple App Store, as an application, you acknowledge that these Terms are between you and Tunery app only, not with Apple, and Apple is not responsible for the Tunery app or the content thereof.

 

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Tunery app. Apple has no warranty obligations whatsoever with respect to the Tunery app.

 

Apple is not responsible for addressing any claims by you or any third party relating to the Tunery app or your possession and/or use of the Tunery app, including, but not limited to

  • Product liability claims or claims being under consumer protection or similar legislation.
  • Any claim that the Tunery app fails to conform to any applicable legal or regulatory requirement in any country.

 

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Tunery app or your possession and use of the Tunery app infringe that third party’s intellectual property rights.

 

You agree to comply with any applicable third-party terms when using the Tunery app.

 

Date of last update: September 7, 2022.