TERMS OF USE FOR JAMBL MOBILE APPLICATIONS

1.ABOUT US

Jambl’s mobile applications (“Apps”) are owned, operated and managed by Jambl GmbH (we / us / our), incorporated and registered in Germany with company number HRB 198863 B whose registered office is at Rheinsberger Str. 76/77, 10115 Berlin, Germany.

1.1. We can be contacted by writing to Jambl GmbH, Rheinsberger Str. 76/77, 10115 Berlin, Germany, by e-mail at marika@jambl.app.

2.INTRODUCTION

2.1. These terms of use (“Terms”) constitute an agreement between you and us regarding your use of our Apps and the images, logos, music, photographs and content that are incorporated into and form part of our Apps (“App Content”).

2.2. Please read these Terms and our privacy policy, available here (“Privacy Policy”) very carefully. You acknowledge and agree that by installing and or using an App you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not accept these Terms or agree with our Privacy Policy, you are not permitted to install or use any of our Apps.

2.3. We recommend that you save or print a copy of these Terms for future reference.

2.4. Any terms you have with your respective mobile network provider (“Mobile Provider”) continue to apply and you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our Apps and any third party charges as may arise from time to time. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider, network operator and/or any other third party provider in relation to your internet service, your mobile service and any use of our Apps including the downloading of any available App Content. In the event that you are not the bill payer for the device being used to access our Apps, you will be assumed to have obtained permission from the relevant bill payer for downloading and using our Apps.

2.5. If you download our Apps onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

2.6. Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for ‘example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.7. While all of these Terms are important, you should pay particular attention to:

(a) the Fees and Subscription section at paragraph 4;

(b) your rights in relation to content that you create or upload as set out in paragraph 7 and 8;

(c) the conditions of use and restrictions relating to our Apps as set out in paragraph 9 and 10;

(d) the acceptable use of our Apps as set out in paragraph 11; and

(e) our liability to each other as set out in paragraph 15 and 16;

3.REGISTRATION

3.1. In order to make full use of our Apps, you may be required to register for an account.

3.2. 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.

3.3. Your login details are for your own personal use only and you must keep your login details confidential and secure. You are responsible for all activity under your account.

3.4. You must notify us immediately if you suspect or become aware of any unauthorised use of your login details or any breach of our security by emailing marika@jambl.app and giving details of the unauthorised use or breach.

3.5. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Apps, if in our reasonable opinion, we believe that you have breached any of the provisions of these Terms.

4.FEES and SUBSCRIPTIONS

4.1. Once you have installed our Apps, you can select the subscription that you would like in order to use each App. Further details of each type of subscription and its cost are detailed on the App.

4.2. AUTO RENEWAL: Unless you cancel your subscription at least 24 hours before your billing date, you authorise us to charge your next subscription period fee. You authorise us to continue charging for each subsequent period until termination or cancellation.

4.3. If you have had a free trial period, we will automatically charge you for your subscription fee at the end of the free trial period, unless you cancel your subscription at least 24 hours prior to the end of the free trial period.

4.4. App Content or further functionality may be made available via in-app purchasing.

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

4.6. For cancellation and returns information please visit the relevant store T&C for example

https://support.apple.com/en-us/HT202039

https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en

5.AVAILABILITY

5.1. We will use reasonable endeavors to ensure that our Apps and App Content are available for download and use at all times. However, ours App and App Content are 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 our Apps or App Content will always be available and/or uninterrupted.

6.APP CONTENT

6.1. The App Content includes the music, beats, rhythms and other music related content (“Music Content”) we make available in the App and may also include the images, logos, photographs, video content and other content that are incorporated into and form part of our Apps. The term App Content also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the App Content.

6.2. The App Content may only be used as part of our Apps or as otherwise specifically authorised herein or actively facilitated as part of the functionality of the App.

6.3. In particular the Music Content is licensed to you solely on a personal, limited, non-exclusive, non-transferable basis in accordance with the functionality of the App to create new compositions or “Beats”. Such use will be personal and non-commercial unless further explicitly authorised by us (see paragraph 8 below for more details).

7.USER CONTENT

7.1. Any content you upload or contribute to our Apps including content or music uploads, or comments, reviews and other community posts will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading or contributing content on our Apps, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the services that we provide and across different media and to promote our Apps and/or our services; and to third parties including other users of our Apps, to use such content in accordance with the functionality of our Apps.

7.2. In relation to any content you upload or contribute to our Apps you warrant that:

(a) you have the requisite rights, licences and consents to upload or create such content;

(b) such content does not infringe the rights (including intellectual property rights) of any third party; and

(c) such content is not defamatory or offensive and will not result in any civil or criminal claim being brought against us by a third party in any jurisdiction.

7.3. We reserve the right to:

(a) disclose your identity to any third party who is claiming that any content uploaded or created by you on our Apps constitutes a violation of their rights (including intellectual property rights);

(b) remove any content you upload or create on our Apps, if in our opinion such content does not comply with these Terms.

8.COMPOSED CONTENT / BEATS

8.1. Any content that you create using the App and/or the Music Content (what we call “Beats”) will belong to you, subject to the underlying rights in the original Music Content that we retain, and except for any versions you make of other’s Beats as noted below. If others create a version of your Beat as part of a Collab (see below), that version will also belong to you. If you create a version of someone else’s Beat as part of a Collab, that version will belong to the creator of the original Beat.

8.2. In relation to your Beats and Collabs, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the services that we provide and across different media and to promote our Apps and/or our services; and to third parties including other users of our Apps, to use such content in accordance with the functionality of our Apps. This includes allowing other users to collaborate on the Beat (or Collab) and add, amend version or create further derivative works from your Beat (what we call “Collabs”).

8.3. You may share your Beats and Collabs on other platforms outside of the App in accordance with the functionality provided within the App. Such use may be personal and non-commercial use as you see fit. If you wish to commercialise the Beat or Collab, including by way of generating advertising revenue on other platforms, you must notify us of such use by registering the activity with us on form provided here. In the event, we reserve the right to amend this agreement to possibly charge further fees or agree other revenue share mechanisms in the future.

9.CONDITIONS OF USE

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

(a) download our Apps onto a device and view, use and display our Apps on the device for your personal purposes only;

(b) use the Music Content and other users’ Beats and Collabs as detailed in these Terms;

(d) receive updates to the software code of our Apps via our Apps store that you downloaded our Apps from – these may incorporate patches and corrections of errors as we may provide to you.

9.2. Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.

9.3. The ways in which you can use our Apps may also be governed the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Apps from, the terms of our Apps store from which you downloaded our Apps shall take priority.

10.RESTRICTIONS

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

(a) copy our App Content except as part of the normal use of our Apps;

(b) modify or translate our Apps in whole or in part, or combine or merge our Apps with any other object code or program;

(c) reverse engineer, decompile, disassemble, reduce the object code of our Apps to source code form or create (or attempt to create) derivative works based on the whole or any part of our Apps, 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 our Apps

(iii) is kept secure; 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 our Apps or your right to use our Apps;

(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 our Apps;

(f) incorporate our Apps into another service or website or make it available via framing or mirrors;

(g) extract any data or metadata from our Apps nor create any index or database incorporating any part of it;

(h) circumvent, disable or otherwise interfere with security-related features of our Apps or features that:

(i) prevent or restrict use or copying of any part of our Apps; or

(ii) enforce limitations on use of our Apps,

(i) do anything that may cause damage to our Apps;

(j) carry out any harmful or illegal activities using our Apps; or

(k) use our Apps in any manner not expressly authorised by these Terms.

11.ACCEPTABLE USE

11.1. You must:

(a) not use our Apps in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Apps or into any operating system);

(b) not infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Apps;

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Apps;

(d) not use our Apps in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) comply with any applicable third party terms and conditions in respect of your use of our Apps; and

(f) not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from our servers.

12.MODERATION AND COMMUNITY RULES

12.1. We aim to create a safe and welcoming community and require all users to act appropriately and respectfully to each other. However, we are not responsible for any User Content or the actions or behaviours of other users. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy, and we do not endorse any opinion contained in such material.

12.2. We reserve the right, in our sole discretion (but have no obligation), to refuse to post or to remove or edit any of your User Content, or to restrict, suspend, or terminate your access to all or any part of the App, particularly where User Content breaches these Terms and we may do this with or without giving you any prior notice.

12.3. If you believe any User Content is inappropriate, please notify us via marika@jambl.app.

13.COPYRIGHT AND OTHER CLAIMS

13.1. It is our policy not to permit materials that are known by us to infringe another party’s copyright to remain on the App. If you believe that your intellectual property rights are being infringed by an item or content on the App, please notify us at marika@jambl.app.

14.INTELLECTUAL PROPERTY RIGHTS

14.1. All intellectual property rights in our Apps, App Content (including for the avoidance of doubt the Music Content) and related documentation throughout the world belong to us and our licensors and the rights in our Apps and App Content are licensed (not sold) to you.

14.2. You have no intellectual property rights in, or to, our Apps, App Content or related documentation other than the right to use them in accordance with these Terms.

15.YOUR INDEMNITY TO US.

15.1. If you are in breach of these Terms, to the maximum extent permitted by applicable law you will be responsible for and agree to indemnify us in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities (including reasonable legal fees) incurred by us as a direct result of your breach.

16.OUR LIABILITY TO YOU

16.1. We warrant that we will provide the App with reasonable skill and care and substantially as described in these Terms.

16.2. We make no warranty that the App will meet your requirements, or that the content will be accurate or reliable. Nor do we warrant that the functionality of the Apps will be uninterrupted or error free, that defects will be corrected or that the App is free of viruses or anything else which may be harmful or destructive.

16.3. Other than any express warranties set forth herein and any rights you have under consumer laws, the App is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and, to the maximum extent permitted by applicable law, without further warranty of any kind whether express or implied, including but not limited to the implied warranties of non-infringement, compatibility, security and accuracy.

16.4. To the maximum extent permitted by applicable law, we shall not be liable under any contract, tort, breach of statutory duty or strict liability, or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, special, incidental, indirect or consequential losses, except to the extent that the loss or damage was incurred as a direct result of our fraud or wilful misconduct.

16.5. In any event, to the fullest extent permitted by law, our maximum liability for direct damages to you shall exceed the amount equivalent to the fees paid by you in the preceding 12 months or £50 whichever is greater..

16.6. We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us or for any other statutory rights which are not capable of being excluded.

16.7. Nothing in these Terms shall affect your statutory rights as a consumer.

17.YOUR PRIVACY

17.1. We only use any personal data we collect through your use of our Apps in the ways set out in our Privacy Policy which can be found here.

17.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our Apps may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

17.3. By using our Apps, you agree to us collecting and using technical information about the devices you use our Apps on and related software, hardware and peripherals to improve our products.

18.THIRD PARTY WEBSITES

18.1. You acknowledge that our Apps may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability or content of such third party websites.

18.2. Our inclusion of such hyperlinks in our Apps does not imply any endorsement of the material or the views expressed within them.

18.3. If you post your Beats or Collabs or links to the same, to third party sites you are responsible for complying with their terms and conditions.

19.SUPPORT

19.1. If you think our Apps is faulty or mis-described please contact us using the details provided in paragraph 1.2.

19.2. If we have to contact you we will do so by email, using the contact details you have provided to us.

20.ADVERTISING MONETISATION

20.1. You acknowledge that our Apps and the App Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Apps or on, about, or in conjunction with the App Content, including your Beats and Collabs. 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. Any advertising or similar revenue generated by us in the App will be retained by us, and you have no right to share in such ad revenue. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.

21.CHANGES TO OUR APPS

21.1. From time to time we may automatically update our Apps to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

21.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Apps.

21.3. Changes to our Apps will not prevent our Apps working with the versions of the operating system shown on the app store that you downloaded the App from.

22.CHANGES TO THESE TERMS

22.1. 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 our Apps; or

22.2. Subject to paragraph 22.3, if we make any changes (including any changes to our policies), we will give thirty (30) days’ prior written notice to you by email. 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 our Apps after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.

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

23.TRANSFER OF RIGHTS

23.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the these Terms.

23.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

24.TERMINATION

24.1. These Terms apply from when you first install or access the App and will remain in full force and effect while you use our Apps until terminated in accordance with this paragraph 24.

24.2. We may terminate these Terms and your use of our Apps, or suspend your use of our Apps, immediately by written notice to you if:

(a) we consider that you have used our Apps in violation of these Terms;

(b) we believe there has been unauthorised access to our Apps;

(d) we have a legal or regulatory obligation imposed on us, which impacts our ability to provide our Apps; or

(e) for any other reason provided that we have given you thirty (30) days’ written notice by email, SMS or via an electronic communication within our Apps.

24.3. We may discontinue or remove any of the App Content at any time at our sole discretion.

24.4. You can terminate these Terms by ceasing to use our Apps and deleting or uninstalling it from your device. Note: Uninstalling the app will not automatically cancel your subscription.

24.5. Upon termination for any reason:

(a) all rights granted to you under these Terms cease (however, any liabilities incurred by you under these Terms prior shall survive any such termination);

(b) you must cease all activities authorised by these Terms; and

25.GENERAL

25.1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to allow anyone other than you or us to enforce any term of these Terms or of the Privacy Policy.

25.2. Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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.

25.3. These Terms are governed by English law (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Apps shall be dealt with exclusively by the English courts.

25.4. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions which will remain in full force and effect.

25.5. 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.