1.1. Thank you for choosing Songoroo® service (hereinafter “Songoroo®”, “we”, “us”, “our”, “Service”). By registering or otherwise using the Service, websites and software applications of Songoroo, or by accessing any content or material available through the Service (hereinafter “Content”), you enter into a binding agreement with Songoroo. The service includes social and interactive functions. Use of the Service requires the fulfillment of several technical requirements.
1.3. To use the Services section and access the Content, you must:
You also declare that all registration information you have sent to Songoroo is true, accurate and complete, and you agree to maintain it as such.
If you reside in one of the following countries, look in the following table for age-specific age restrictions:
|Chile, Ecuador, Paraguay, Peru||You must be at least 18 years old, or at least 15 years old with the consent of a parent or guardian.|
|Brazil||You must be at least 18 years old, or at least 16 years old with the consent of a parent or guardian.|
|Nicaragua, Taiwan||You must be at least 20 years old, or at least 13 years old with consent parent or guardian.|
|Bulgaria, Hungary, Germany||You must be at least 18 years old, or at least 14 years old with consent parent or guardian.|
|Italy||You must be at least 13 years old to use the free service. To register for paid services you must be at least 18 years of age or 13 years with the consent of the parent or guardian (parents or guardian will conclude contract on your behalf).|
|Malaysia||You must be at least 18 years old – if you are between 13 and 18 years old, the consent of the parent or guardian is needed to conclude the contract on your behalf.|
|Lithuania||You must be at least 13 years old to use the Service. You must be at least 18 years of age or at least 14 years old with the consent of a parent or guardian to use a paid subscription. If you are 13 to 18 years of age, the contract is concluded by a guardian or parent.|
|Canada||You must be at least 13 years old to use the Service. To use a paid subscription, you must be of legal age in a given province or territory, or you must be at least 13 years old with the consent of a parent or guardian.|
|Spain||You must be at least 14 years old to use the free service. You must be at least 18 years of age or at least 14 years old with the consent of a parent or guardian to register for a paid subscription (parents or guardian will enter into a contract on your behalf).|
2.1. We may make changes to these Agreements from time to time in our sole discretion. If we make major changes to the Agreements, we will promptly notify you in a manner appropriate to the circumstances, such as by displaying a noticeable notice in the Service or by sending a notification email. In some cases, we will notify you in advance. In such a case, your continued use of the Service after the changes have been made will constitute your consent to the changes. Therefore, read any such warnings carefully. If you do not wish to continue to use the Service under the new version of the Agreements, you may reject these agreements by contacting our company through Customer Service.
3.1. The basis of the Service is sophisticated reproduction of musical art works in public and retail places, through online streaming broadcast channels (each facility has its own channel), via the Internet, technical equipment (hardware and Bluetooth technology – hereinafter “HW”), or without it (so-called hardware-free use of the service). Musical dramaturgy is created by an algorithm based on data analysing musical preferences obtained from customers physically present in individual locations and the required criteria of the User.
4.1. The Songoroo® Service and the Content are the property of Songorro or the licensors of Songoroo. We grant you a limited, non-exclusive, returnable license to use the Service and a limited, non-exclusive, returnable license for personal use (the “License”). This License will be valid until terminated by you or Songoroo. You agree to use the Content for your own personal and non-commercial use and not to redistribute or transfer the Service or the Content.
4.2. The Songoroo® Software Application and Content are not sold to you, but are provided under license. Licensors retain ownership of all copies of the Songoroo® Software Applications and Content even after installation on your personal computers, mobile phones, tablets, or other relevant devices (the “Device”).
4.3. All trademarks, service marks, trade names, logos, domain names and all other elements of the Songoroo® brand (hereinafter “Songoroo® brand elements”) are the sole property of SRO or its licensors. These Agreements do not grant you any rights regarding the use of Songoroo® brand features, whether for commercial or non-commercial purposes.
4.4. You agree to abide by our User Guidelines and not to use the Service, the Content, or any part of the Service or the Content in any way not expressly permitted in these Agreements. Except for the rights expressly granted to you under these Agreements, Songoroo does not grant you any rights, shares or interest in the Service or the Content.
4.5. Third-party software (such as open source software libraries) included in the Service is provided to you either under license to the Agreements or under the license terms of the third party providing the relevant software library as set forth in the Help or our client settings section. computers or mobile devices or on our website.
6.1. Users of the Service may post, upload or contribute (“post”) content within the Service (which may include, for example, images, text, messages, information, playlist compilations or other types of content) (hereinafter “User Content”). For the avoidance of doubt, User Content also includes any relevant content posted in the Support Community of the Service, as well as in any other part of the Service.
6.2. You confirm, that for any User Content that you post to the Service:
a. you have the right to publish the relevant user content,
b. this user content or its use by Songoroo in accordance with the provisions of the Agreements does not violate these agreements, applicable laws or intellectual property (including, without limitation, copyright, personal or public rights of others) or imply any affiliation or recommendation by you or your user content relating to any artist, group, brand, entity or individual without the express written consent of the individual or entity concerned.
6.3. Songoroo may (but is not required to) monitor, control or modify user content. In all cases, Songoroo reserves the right to remove or deny access to user content for any or no reason, including (but not limited to) user content that, in the sole opinion of Songoroo, violates the agreements. Songoroo may take these steps without prior notice to you or any third party. Removal or disabling of access to User Content will be at our sole discretion and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all user content that you post. Songoroo is not responsible for the user content, nor does it recommend any opinions expressed in the respective user content.
6.4. You agree that if someone makes a claim against Songorooo for any user content you post, we will release Songoroo, to the extent permitted by law, for all damages, losses and costs of any kind (including reasonable legal fees) arising out of such a claim.
7.1. You have the right to be provided with the Service according to Art. 3 points. 3.1. provided that all the conditions set out in this Agreement are met.
7.2. You have the right to complain about service defects and the right to the free of charge rectification of faults for which Songoroo is responsible, in the manner and under the conditions specified in Article 17.
7.3. You have the right not to extend the prepaid period for the selected services.
7.4. In exchange for the rights granted to you under these Agreements, you grant us the right to:
a) enabling the Service to use the processor, data bandwidth and storage hardware on your device to enable the operation of the Service,
b) provide you with advertisements and other information,
c) you also grant these rights to our business partners.
7.5. Any part of the Service or the content displayed, including its selection and placement, may be affected by commercial factors, including agreements with third parties. Certain content licensed or provided to Songoroo(such as podcasts) may contain advertising. In such cases, Songoroo will ensure that this content is available to you unchanged.
7.6. By providing Feedback to Songoroo with ideas or suggestions regarding the Service or Content (the “Feedback”), you agree that this feedback is not confidential and you grant Songoroo the right to use this feedback without limitation and without any financial compensation to your person. Feedback is considered a type of user content.
7.7. You grant Songoroo a non-exclusive, transferable, sublicensed, royalty-free, permanent (or, if such duration is not permitted in your jurisdiction, for the duration of the Agreements plus seventy (70) years, a non-refundable, fully paid, worldwide license to use, reproduction, public disclosure (eg, production or display), publication, translation, editing, creation of derivative works, and distribution of any user content in connection with the Service through any medium, either alone or in conjunction with other content or in materials, in any manner and by any means means, form or technology that is currently known or will be developed in the future.
7.8. Except for the rights you expressly grant in these Terms, you retain ownership of all rights, including intellectual property rights, in the User Content.
7.9. Where permitted and possible under applicable law, you also waive all “moral rights” (or equivalent under applicable law), such as the right to authorise any User Content, including feedback, and your right to object to the improper treatment of such User Content. content.
8.1. Songoroo respects intellectual property rights and expects you to respect them as well. We have created a few basic rules that you should follow when using the Service to ensure that the Service will continue to be a pleasant place for all users. Follow these rules and encourage other users to follow them.
8.2. The following activities are not permitted for any reason:
(a) copying, further distributing, reproducing, “trimming”, recording, transmitting, publicly producing or displaying, broadcasting or publishing any part of the Service or Content, or any use of the Service or Content not expressly permitted under the Agreements or applicable law; or which otherwise violates intellectual property rights (such as copyright) within the Service or the Content or any part thereof,
b) use the Service to import or copy any local files to which you have no legal right to import or copy,
c) transfer copies of the cached content from the authorised device to any other device by any means,
d) reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, the Content or any part thereof, unless permitted by applicable law;
e) bypassing any technology used by Songoroo, its licensors or any third party to protect the Content or Service,
f) selling, renting, licensing or lending any part of the Service or Content,
g) bypassing of any geographical restrictions applied by SRO or its licensors,
h) artificial increase of the number of plays or other manipulation with the Service by means of scripts or other automated processes,
(i) the removal or alteration of any copyrights, trademarks or other notices relating to intellectual property within or provided through the Service (including such conduct for the purpose of concealing or altering any trademark or source of the relevant content),
j) providing your password to another person or using another person’s username and password,
k) “browsing” of the Service or using other automated means (including scraper or spider bots and robots) to gather information from the Service,
(l) the sale of a user account or playlist or the receipt of any other compensation of a financial or other nature to affect the name of the account or playlist or the content included in the account or playlist,
8.3. Respect the Service, the Content Owner and other users of the Service. Do not engage in any activity, do not post any user content, do not register, or use a username that represents or includes material that:
a) is offensive, defamatory, damages the reputation, pornographic, threatening or obscene,
b) is illegal or its purpose is to promote or carry out illegal activities of any kind, including (but not limited to) the violation of intellectual property rights, personal data protection rights or property rights of Songoroo or a third party,
c) contains your password or intentionally contains the password of any other user or intentionally contains personal data of third parties or is intended to request such personal data,
d) includes malicious content, such as malicious software, Trojan horses or viruses, or otherwise interferes with another user’s access to the Service,
e) is designed to intimidate or harass other users or intimidates or harasses other users,
f) misrepresents or implies your connection with another user, person or entity, or is otherwise fraudulent, false and misleading,
g) uses automatic means for artificial promotion of content,
h) involves the transmission of unsolicited mass communications or other forms of spam (hereinafter referred to as “spam”), advertising emails, chain letters or other communications via a mailbox in the Service,
(i) involves commercial or marketing activities, such as advertising, promotion, competitions, lotteries or pyramid schemes, which are not expressly authorized by Songoroo,
j) refers to commercial products or services, or otherwise promotes, except where expressly authorized by SRO,
k) in any way interferes with or affects the Service, manipulates it, violates its security or attempts to examine, probe or test for vulnerabilities in the Service or computer systems, networks, rules of use of the Service or any other security features of the Service, its authentication measures or any other protective measures relating to the Service, the Content or any part thereof,
l) is in conflict with the agreement at the discretion of Songoroo.
8.4. You understand and agree that the posting of any such User Content may result in the immediate termination or suspension of your Service Account. You also agree that the Service may claim your username for any reason. Use the Service and share Content with caution. The Service includes social and interactive features, including the ability to post user content, share Content, and post certain information about you. Keep in mind that shared or publicly available information may be used and reshared by other users of the Service or on the Internet, so use the Service carefully and pay attention to your account settings.
8.5. Songoroo is not responsible for your decisions regarding the publication of material on the Service. Your user account is password protected and you are solely responsible for maintaining the confidentiality and security of your password. You acknowledge that you are responsible for all use of your username and password with the Service. If your username or password is lost or stolen, or if you believe that your account has been misused by third parties, please notify us immediately and change your password as soon as possible.
8.6. Songoroo strives to create reports for the user, which will contain the maximum possible available information, with which you can further create your business activities and contribute to customer satisfaction. Therefore, it is important that the HW you use is constantly (or with minimal breaks) switched on in the electrical network and connected to the active Internet, excluding blocking through the firewall. Otherwise, we cannot guarantee the delivery of the required outputs. If you decide to disconnect for a longer period of time for various reasons, or you are forced to disconnect, please let us know at: email@example.com.
9.1. Songoroo respects the rights of intellectual property owners. If you believe that any content violates your intellectual property rights or other rights, please read the section of the Songoroo Copyright Policy. If Songoroo receives notice that any content violates copyright, Songoroo may, in its sole discretion, take action without prior notice to the provider of the content in question. If the provider believes that the content does not violates copyright, it may send a notice of objection to Songoroo and ask it to restore the removed content.
10.1. Songoroo will make adequate efforts to maintain service operation. However, from time to time, it may result in temporary service interruption due to technical problems or maintenance.
10.2. To the extent authorised by the competent laws, Songoroo reserves the right regularly and at any time to modify or interrupt, temporarily or permanently, functions and elements of the Service, whether with a warning or without it. In all such cases, there is no responsibility against the customer (unless it´s excluded by law) for any interruptions, adjustment or completion of the Service or features or elements of Service. Regardless of the above, if you have prepaid fees for paid subscriptions that Songoroo terminate before the end of the pre-paid period (as defined in the payment section, cancellation and suspension), Songoroo will return pre-paid fees for a given prepaid period after such termination. You understand, agree and accept that Songoroo has no obligation to maintain, support, or update Service or provide any or all specific content through Service. This section will apply to the extent permitted by the relevant laws. Songoroo or content owners can remove such content from time to time without notice to the extent permitted by the relevant laws.
11.1. To get support regarding your Songoroo account or payments, send the request to our Customer Support using the Customer Support Form in the “Songoroo Help Center” on our web site. We will make adequate efforts to respond to all customer issues in a reasonable timeframe, but we do not guarantee or provide any guarantees regarding the answers to customer issues in a particular timeframe or that we will be able to respond in a fully satisfactory to such questions.
12.1. Songoroo provides a streaming service for music tracks and other content. Some Songoroo services are provided free of charge. Other Songoroo services require payment before you can access or use them (partly with restrictions or fully without restrictions). You can get information about our services by visiting our website. The fees for each type of the Service is specified in the current price list located on Songoroo website.
12.2. Songoroo has no responsibility towards the customer for not providing or delay in providing of the subscription service in case the subscription payment could not be identified if the method of payment for the subscription was not done according to the instructions provided.
12.3. Payments can be made via a bank transfer based on the invoice issued by Songoroo or by using a debit/credit card associated with your Songoroo account. The subscription is paid at the moment the payment is credited and identified on the bank account of the provider.
12.4. The user is obliged to pay fees other than subscriptions based on the invoice issued by Songoroo, in the amount and by the due date according to the valid price list.
12.5. The user is not entitled to a refund of the paid subscription if the service is not used by the user.
12.6. The contracting parties have agreed that the user is not entitled to a refund of the paid subscription if the contract is terminated by withdrawal from the contract by Songoroo due to breach of contractual obligations from the user side or if the user terminates the contract before the prepaid period expires .
12.7. If you have purchased or received a code, gift card, prepaid offer or other offer provided or sold by or on behalf of Songoroo regarding access to a paid subscription (hereinafter the “Code”), separate conditions may apply to access to the Service, which were provided to you together with the code. You agree to abide by these terms.
12.8. For some trial periods, we will require your payment details before the trial period begins. At the end of the trial period, we will automatically begin charging you regular monthly fees for the applicable paid subscription beginning on the first day after the end of the trial period. By providing payment information related to the trial period, you agree to this fee by using the appropriate payment information. If you do not want us to charge you for this fee, you must cancel the applicable paid subscription through the Service account subscription page, or cancel your Service account before the end of the trial period. If you do not want us to charge you a monthly fee on a regular basis after the trial period, you must cancel the applicable paid subscription through the Service account subscription page or cancel your Service account before the end of the regular monthly period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid. Except in the cases expressly described in these terms and conditions, Songoroo will not refund any fees you have already paid. Part The restriction sets out additional conditions for the cancellation of a paid subscription.
12.9. The user (business entity) hereby in the sense of § 75 part 6 of Act no. 222/2004 of Law on Value Added Tax, grants the provider explicit consent for the provider to submit to him invoices prepared according to the price list in electronic form (hereinafter also “electronic invoice”). The customer acknowledges and agrees that the electronic invoice is a full replacement of the invoice in paper form, that the invoice will be submitted to the customer only in electronic form and the invoice made in writing will not be sent to him, unless otherwise specified by the provider. The electronic invoice is in accordance with § 75 part 6 of the Value Added Tax Act no. 222/2004 a tax document. The Provider undertakes to make the electronic invoice available in the Songoroo customer zone, in the Service Package & Invoicing section, Subscriptions and Payments subsection. The user is obliged to have secure access to the Songoroo customer zone during the entire period of sending the electronic invoice. The electronic invoice is considered delivered and its content is the user is notified about the content on the day when the provider generates the electronic invoice in the Songoroo system in customer zone. The user will be notified of the generation of the invoice via e-mail to the user’s billing e-mail address provided by the user in the Songoroo customer zone. The user is obliged to keep a current e-mail address in the Songoroo customer zone in the Company Information section for the delivery of electronic invoices according to these conditions. Due to the fact that the electronic invoice contains data forming the subject of a trade secret in accordance with the provisions of the Commercial Act no. 513/1991, the user is obliged to maintain this secret and protect it from unauthorized disclosure. The Provider is not responsible for breaches of trade secrets due to data leaks from the user’s e-mail address or from the application used by the user.
12.10. The Provider is entitled to pass on its claim against the user with the fulfillment of its financial obligation to another person, if the user is, despite a written request from Songoroo, continuously for more than 30 days late with the payment of this financial obligation. When passing on a receivable, Songoroo is entitled to submit to the assignee documentation on the contractual relationship on the basis of which the assigned receivable arose.
12.11. By signing up for a paid subscription, trial period, or obtaining a code online, you agree to access the Service immediately.
12.12. If your paid subscription was not purchased as a prepaid period, your payments to Songoroo (or through the third party through which you purchased the paid subscription, such as telephone companies) will be automatically renewed at the end of the subscription period unless you cancel the paid subscription through the subscription page before the end of the current subscription period. The cancellation takes effect on the day after the last day of the current collection period. Your account will be limited to the free of charge Service.
However, if you cancel a payment or paid subscription or cancel any of the Agreements:
a) after you have accessed the Service during the period of suspension,
b) after the expiration date (if possible),
c) before the end of the current subscription period,
we will not refund any subscription fees you have already paid to us.
12.13. You must contact customer support to receive a refund of any funds paid before the suspension period expires.
12.14. Songoroo may from time to time change the fees for paid subscriptions, prepaid period (for a period for which you have not yet paid) or codes. You will be notified about these fee changes in advance together with the way you can accept them (if necessary). Changes to fees for paid subscriptions will take effect at the beginning of the next subscription period after the date of the change in fees. If permitted by local law, by continuing to use the Service after the change in fees has been applied, you agree to the new fee. If you do not agree to the new fees, you have the right to reject this change by canceling the subscription to the Service before the change in the amount of fees takes effect. Therefore, please read carefully any notifications regarding the change of fees.
13.1. Songoroo, as the owner of the provided HW (streaming hardware and accessories), provides customers with a free repairs in the event of a valid complaint.
13.2. The physical installation of the HW and its setting are not part of the provider’s responsibilities within the provision of the Service (unless otherwise agreed). The user is obliged to ensure professional installation of HW in accordance with the instructions, Songoroo is not responsible for defects of HW caused by incorrect installation by the customer or a third party.
13.3. A malfunction of HW caused by the user is always considered to be a situation when the HW is mechanically damaged in any way, it is clear that the user interfered with it, connected devices other than those approved Songoroo or it was damaged by violating the safety regulations:
a) by connecting HW to electrical sockets that do not meet the technical parameters,
b) by placing the HW on a soft or slippery surface,
c) by placing other objects on the HW or in its immediate vicinity,
d) by covering the ventilation openings,
e) exposure of HW to direct sunlight or other heat sources,
f) by placing the HW close to other electrical equipment,
g) exposure of HW to a magnetic field,
h) failure to protect HW from dust, moisture and chemicals,
i) using HW in humid rooms.
13.4. The method of fixing the HW defect is exclusively in discretion of Songoroo.
13.5. In the event that the user is responsible for the failure, Songoroo will fix the failure for a service fee based on the price list of maintenance services (Article 18).
14.1. Songoroo is only liable to the user for a failure of the Service, which happened on the component of the Service own by Songoroo, or as a result of a failure on equipment owned by Songoroo.
14.2. Songoroo is not responsible for any defects in functionality or quality of Service caused by the fact that the Internet connection used by the user does not meet the minimum requirements for the characteristics of the Internet connection or for defects that occurred as a result of Internet connection failures. Claims arising from defects in the Internet connection are made by the user exclusively to the Internet connection provider.
14.3. Songoroo is also not liable for service failures caused by temporary power outages or force majeure (natural disaster, other unforeseen circumstances) or for failures caused by the user in breach of its obligations under the contract or which arose as a result of misuse of customer service or caused by improper HW installation by the customer or a third party.
14.4. The user is obliged to notify Songoroo of any failure immediately after its detection and to provide assistance in its elimination. The fault is reported by the user using the electronic form located on the Songoroo website in the Songoroo Help Center section, or by phone. Songoroo is not liable for a failure if it proves that in the given circumstances it performed all foreseeable actions in order to prevent or eliminate its occurrence or duration.
14.5. In the event that a failure occurs for which Songoroo is responsible, Songoroo is obliged to eliminate such a failure in the shortest possible time on the basis of the user’s notification, if the removal of the failure rests solely on the technical and personnel capacity of Songoroo, otherwise Songoroo will determine feasible response time according to the nature of the malfunction.
14.6. If the malfunction is not rectified due to an obstacle on customer´s side, the SRO cannot be in delay with the obligation to rectify the malfunction.
14.7. If the malfunction was caused by the Songoroo and the user is not responsible for it, the provider will eliminate the fault free of charge, but if the user is responsible for the malfunction, Songoroo will eliminate the malfunction for a fee based on the the price list of maintenance services.
15.1. A distance contract for the purposes of these Terms means a contract between Songoroo and the user, agreed and concluded exclusively through one or more means of long-distance communication, without the need of physical presence of Songoroo and the user, using the Songoroo website.
15.2. Contracts are created exclusively for the user, who is an entrepreneur buying the Service in the course of their business or other entrepreneurial activity, and legal relations are governed by Act no. 513/1991 of the Commercial Code and are binding.
15.3. The contract will be created when the user, after registering on the website www.songoro.com, selects the specific package of services offered, agrees on all the necessary conditions and confirms his choice of the Service by completing the registration.
15.4. The long-distance contractual relationship is concluded for an indefinite period.
15.5. By sending the order, the user confirms that before placing the order, he/she has read these terms and conditions and agrees with the terms and conditions without reservations.
15.6. The user declares that the data provided during registration are true and in case of errors in the data, Songoroo does not bear any responsibility.
15.7. Songoroo is not responsible for any errors in data transmission.
15.8. Songoroo commits to provide the Service to the user at agreed intervals during the prepaid period and the user commits to pay the price accepted by selecting of a specific packages of the Service.
15.9. Prices listed on www.songoroo.com are current and valid. They are stated in euros, excluding value added tax (VAT) in the statutory amount and all other taxes.
15.10. Proof of sale, including the price of the Service, is an invoice that can be generated in the Songoroo customer zone and also serves as a delivery list.
15.11. Withdrawal from the contract is possible only in writing to the address of the registered office of the company: Songoroo s.r.o., Sartorisova 11, 821 08 Bratislava, with a notice period of 3 months, which begins on the first day of the month following the date of delivery of the notice to the other party.
15.12. The supervisory authority is: Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O.BOX 5, 820 07 Bratislava Department of Technical Product Inspection and Consumer Protection
16.1. The User has the right to complain to Songoroo about the defects of the Service, the correctness of the assignment of payment of the subscription or the correctness of the billing of other fees and defects of HW, in the manner specified in the law and in these conditions.
16.2. Complaints about defects in the assignment of subscription payment or billing of payments and fees must be submitted by the customer in writing.
16.3. In the complaint, the user is obliged to state his identification data for the clear and unambiguous identification, to briefly and clearly describe what the complaint is about and what the user requests.
16.4. Complaints about defects in the Service and HW can be made by the user in writing or by sending an electronic request via the Songoroo Help Center section on the Songoroo website. In the application, the user must briefly and clearly describe what the complaint is about and what the user requests.
16.5. In the event that the user could not use the Service due to malfunctions not caused by the User but due to defects in the Service or HW for which Songoroo is responsible, the User has the right to be reimbursed for a proportion of the subscription for the period from the date of complaint delivery to Songoroo until the Servise is fully operational again for each full day when the user could not use the Service.
16.6. Songoroo is obliged to investigate the complaint without unnecessary delay and notify the user of the result in writing (by e-mail) or in person within 30 days from the date of delivery of the complaint. In more complex cases, the provider may extend this period, but not more than 30 days, of which he is obliged to inform the user together with the reasons. In case of non-fulfillment of this obligation, the complaint is considered acknowledged.
16.7. Complaints regarding the correctness of the amount of payment have no suspensive effect on the payment of the charged payment or fee.
16.8. If the complaint is considered unfounded, Songoroo has the right to interest on delay from the due date of the claimed payment as if the complaint had not occurred.
17.1. In the event of malfunction, we diagnose and identify the faults by analysing the correctness of the settings of all components of our system (HW in operation, client account, Internet access, etc.). Everything takes place via remote access to the HW and by telephone with the IT technician.
17.2. The proposed charges are binding for the user and are designed to put minimum financial burden on you:
first half hour is free of charge,
each additional started hour – 45 EUR (excluding VAT),
to troubleshoot a problem on Songoroo side regardless of the time spent is free of charge.
17.3. When performing diagnostics and service via remote access, it is necessary to ensure that the streaming device is continuously connected to the Internet.
17.4. Setting and adjusting the parameters of the Songoroo service are paid services and are designed as follows:
telephone assistance with the initial installation of the Songoroo service – free of charge,
telephone assistance with the installation of other operations or changing the parameters of the Songoroo service according to the customer’s wishes – the first half hour free of charge,
each additional started hour – 45 EUR (excluding VAT).
17.5. In the event that the cause of the reported malfunction cannot be removed via remote access, Songoroo will arrange for the service technician to visit you on working days with the following fees:
first hour – 45 EUR (excluding VAT),
each additional started hour – 45 EUR (excluding VAT),
fuel surcharge for service trip – 0.5 EUR / kilometer (excluding VAT),
fuel surcharge for service trip within Bratislava – free of charge,
surcharge for immediate departure – on request.
17.6. Service trips during public holidays and weekends are charged based on mutual agreement.
17.7. If a situation arises that the HW that was provided to you for usage of the Service will not be returned within the agreed period based on the Return Agreement to Songoroo headquarters, we will issue you a binding invoice in the amount of € 179 (excluding VAT).
18.1. The minimum requirements for the Internet connection that a subscriber’s connection must meet in order for the service to work are:
a) minimum transfer speed for Upload: 1 Mbps, for Download: 5 Mbps,
b) communication must be allowed for the following domains (IP addresses may change):
c) communication takes place via port 443 / tcp (HTTPS).
18.2. The minimum performance requirements that each device must meet in order for Songoroo to be fully functional through the mobile app are:
Operational system Device Supported version of the operational system
iOS Smartphone iOS 7 and later versions
Android Smartphone 5.0 and later versions
18.3. In order for the Service to fully function through the web interface, it is necessary for the user to use the following web browsers:
Google Chrome min version 84.0 and higher,
Mozilla Firefox, min. version 79.0 and higher,
Safari, min. version 13.1 and higher,
Microsoft Edge, min version 84.0 and higher.
19.1. The license agreements will be valid until terminated by you or Songoroo. However, you understand and agree that the permanent license you have granted to the Company with respect to User Content, including feedback, is non-refundable and will continue to be effective upon the expiration or termination of any Agreements for any reason.
19.2. Songoroo may terminate the License Agreements or suspend your access to the Service at any time, including if you misuse the Service or the Content (or suspected misuse) or fail to comply with the Agreements.
19.3. If the Licensing Agreements are terminated by you or Songoroo, or if Songoroo suspends your access to the Service, you agree that Songoroo will not be liable to you and will not refund any fees you have already paid. This applies to the full extent permitted by applicable law. To find out how to terminate your Services account, please contact us using the customer support contact form available in our Songoroo Help Center on our website. This section will apply to the extent permitted by applicable law. You can terminate the agreements at any time.
19.4. In the event of the death, user´s heirs take user´s place. Songoroo is entitled to suspend the provision of the service starting from the day when the information of user´s death is released until the inheritance proceedings are finalised and to re-establish the connection only after full payment of all arrears are received before or on the day of reconnection.
19.5. The user can withdraw from the contract:
a) if Songoroo does not notify the user of a substantial change in the contractual conditions and the user does not accept these changes. In such a case, the notice of withdrawal must be delivered to Songoroo within one month from the date of notification of a substantial change in the terms and conditions and if Songoroo has not notified the user of a substantial change in the terms, the user is entitled to withdraw from the contract within one month of learning about the change, no later than three months from the effective date of a substantial change in the contractual conditions,
19.6. Songoroo is entitled to withdraw from the contract if the user:
a) repeatedly interferes with the equipment and network unjustifiably, or allows such intervention to a third party,
b) does not pay the price for the provided Service even within 14 days after the due date,
c) repeatedly uses the Service in a way that makes it impossible to control its use or repeatedly violates the terms of the contract,
d) repeatedly misuses the service or part of it for violating the law,
e) has declared bankruptcy, or his property has been declared bankrupt or bankruptcy has been rejected due to lack of assets or bankruptcy settlement has been permitted,
f) In the event when Songoroo cannot provide the service to the agreed extent or quality due to the technical impracticability of further provision of the service.
19.7. In the event that the user requests the cancellation of the service by notice, the service is canceled on the last day of the month in which the notice period expires.
20.1. We strive to provide the best possible service, and you understand and agree that the Service is provided “as is” and “as available”, without unconditional or implied warranty or condition of any kind.
20.2. You use the service at your own risk. To the fullest extent permitted by applicable law, Songoroo disclaims liability and content owners make no declaration and disclaim any warranties or conditions of satisfactory quality, salability, suitability for a particular purpose or non-infringement.
20.3. Neither Songoroo nor any content owner warrant that the Service is free of malicious software or other harmful components. In addition, Songoroo makes no declaration and does not guarantee, does not recommends, or assumes any responsibility for third party applications (or their content), user content, or any other product or service promoted or offered by another third party on the Service. You understand and agree that the Service is not responsible or liable for any transactions between you and third parties providing third party applications or products or services promoted on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should exercise your judgment and, if necessary, exercise caution.
20.4. No advice or information, whether oral or written, obtained from Songoroo will constitute any warranty on the part of Songoroo for these products or services.
20.5. Some provisions of this section may not apply in jurisdictions where applicable law does not allow it. This section does not affect your statutory consumer rights.
21.1. You agree that, to the extent permitted by applicable law, your sole and exclusive solution for any problem or dissatisfaction with the Service is to uninstall the Service software and terminate your use of the Service. Songoroo does not accept any responsibility for third party applications or their content, although your relationship with the relevant third party applications may be governed by separate agreements with the third parties concerned, to the extent permitted by applicable law. Your sole and exclusive solution for any problems or dissatisfaction with third party applications or their content is to uninstall or discontinue use of any relevant third party applications.
21.2. To the full extent permitted by law, Songoroo, its managers, partners, employees, agents, directors, subsidiaries, affiliates, successor companies, designees, suppliers or licensors will not be liable for:
a) no indirect, incidental, punitive, exemplary or consequential damages,
b) any loss of use, data, business or profits (whether direct or indirect), in all cases resulting from the use or inability to use the Service, third party applications or the content of third party applications,
c) total liability for all claims for the Service, third party applications or content of third party applications to the extent higher than the amount you have paid to Songoroo during the last twelve months, to the full extent permitted by applicable law.
21.3. This section does not affect your statutory consumer rights. Nothing in the Agreements shall relieve Songoroo of any liability or limit liability for fraud, deception, death or personal injury resulting from the Company’s negligence or (if required by applicable law) gross negligence. Some provisions of this section may not apply in jurisdictions where applicable law does not allow it.
22.1. You understand and agree that content owners and certain distributors (such as app store providers) have the right to directly enforce your compliance with the Agreements. In cases not listed in this section, the Agreements are not intended to grant rights to any party other than you and Songoroo, and in no case will these agreements be the basis for the beneficiaries’ rights with respect to any third parties. In addition, the rights relating to the termination, revocation or consent to any modification, waiver or settlement relating to the Agreements shall not be subject to the consent of any other person.
22.2. If you downloaded the application from the Apple App Store. (“Apple”) or using the app on an iOS device, you acknowledge that you have read, understand and agree to the following Apple statement.
22.3. This agreement is concluded only between you and Songoroo. Apple is not responsible for the Service or its content. In no event shall Apple be obligated to provide any maintenance or support services with respect to the Service. To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the Service.
22.4. Apple is not responsible for resolving any claims by you or any third party relating to the Service or your subscription or use of the Service, including, but not limited to:
a) product liability claims,
b) any claims relating to non-compliance with any legal or regulatory requirements of the Service,
c) claims arising out of consumer protection or similar law.
22.5. Apple is not responsible for investigating, defending, settling, or resolving any third party claims that involve an infringement of a third party’s intellectual property rights by the Service or as a result of your subscription or use of the Application.
22.6. You agree to comply with all applicable third party terms when using the Service.
22.7. Apple and its subsidiaries are third parties to this Agreement, and upon acceptance of this Agreement, Apple will have the right (and will be expected to accept) to enforce your compliance with this Agreement as a third party and beneficiary of this Agreement. You hereby certify that:
a) you are not in a country that is subject to an EU embargo or in a country which was by the EU declared as a “terrorism supporting” country,
b) you are not on any list of EU banned or restricted parties.
23.1. Except cases provided in this section or expressly agreed in writing between you and Songroo, the Agreements constitute all of the terms agreed between you and Songoroo and take precedence over any prior agreements relating to the subject matter of these Agreements, whether written or oral.
23.2. Please note, however, that other aspects of your use of the Service may be subject to additional agreements. For example, these sites may include access to the Service as a result of using a gift card or a free or discounted trial period.
23.3. If you receive an offer to use options, you will be provided with all applicable additional agreement and you will be able to agree to the additional terms.
23.4. Some of these additional conditions are listed on the Songoroo website. In the event of a conflict between the Additional Terms and these Terms, the Additional Terms shall prevail.
24.1. Except otherwise described in these Agreements, if any provision of the Agreements is found to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Agreements, and the application of the relevant provision shall be enforced to the fullest extent permitted by law.
24.2. Any inaction on Songoroo side or any third party who is benefiting from these Agreements concerning the enforcement of the Agreements or regulations shall not be considered as a waiver of the relevant enforcement rights on Songoroo side or a third party and the beneficiary.
25.1. Songoroo may assign the Agreements or any part thereof.
25.2. SRO may also delegate any of its responsibilities under these Agreements.
25.3. You must not assign the Agreements, or any portion thereof, or transfer or sublicense your rights under the Agreement to any third party.
26.1. To the fullest extent permitted by applicable law, you agree to release Songoroo from liability from all damages, losses and expenses of any kind (including reasonable fees and legal representation costs) arising from:
a) your breach of this Agreement,
b) any user content,
c) any activities in which you have participated in or through the Service,
d) your violation of any laws or the rights of a third party
27.1. Unless otherwise required by a legal obligation in a Member State of the European Union or other jurisdiction, the Agreements (and any non-contractual discrepancies or claims arising out of or in connection with such Agreements) shall be governed by the law of the state or country below regardless of the choice or conflicts of legal principles. Songoroo does not accept any mandatory codes of conduct in relation to the services provided under this agreement.
27.2. If permitted by applicable law, you and Songoroo agree that each party may claim against the other party only individually and not as a prosecutor or a member of a collective action in any collective or proxy proceedings. Unless you and Songoroo agree otherwise, no judge or arbitrator may decide on the claims of several persons or otherwise preside over any collective or proxy proceedings.
27.3. If you are located or reside, have offices or do business in a jurisdiction where this section (27.3) can be enforced, the following mandatory obligations apply to you:
27.3.1. You and Songoroo agree that any disputes, claims or disagreements between you and Songoroo that arise in connection with these Agreements or your relationship with Songoroo as a user of the Service (whether based on the Agreement, enforcement, regulations, fraud, enforcement or other legal theory, and whether claims arise during or after the termination of the agreement) will be decided through mandatory and binding individual arbitration. Arbitration is less formal than court proceedings. No judge or jury is involved in the arbitration, and judicial review of the arbitration decision is limited. Evidence may also be more limited than it would be in court. The arbitrator shall comply with this Agreement and may decide on the same damages and remedies as the court (including legal fees), except that the arbitrator may not impose an appeal in favor of any party other than the parties to the arbitration. . This arbitration provision will continue to apply after the termination of the Agreements.
27.3.2. Notwithstanding clause (27.3.1) above, you and Songoroo agree that no part of this Agreement shall be considered as a waiver, exclusion, or other restriction of the rights of either party that may: bring an individual action in a small claims court, request enforcement of the conditions through the competent court in cases where such procedures are available, apply for an appeal through a court, bring legal actions concerning infringements of intellectual property rights.
27.3.3. Any arbitration shall begin with the submission of a request for arbitration within one year from the date on which the claimant first became aware or should reasonably have become aware of the act, omission or failure to fulfill obligations on the basis of which the claim arose. Unless the claim is made within the relevant period, this party will have no right of appeal. If the applicable law prohibits the limitation period for bringing claims after one year, the claim must be made within the shortest period permitted under the applicable law.
27.3.4. The party intending to initiate arbitration must first send a written notice of the dispute to the other party verified by post or other courier service (signature required on delivery) or, if we do not have your physical address, by e-mail (hereinafter “notice”). The registered office of Songoroo for sending notifications is:
Songoroo s.r.o., Sartorisova 11, 821 08 Bratislava, Slovak republic
The notification must:
describe the nature and basis of the claim or dispute,
specify the concrete corrective action sought (“the request”).
We agree that we will try to resolve the claim in good faith directly, but if we do not reach an agreement within 30 days of receiving the notice, you or Songoroo may initiate arbitration proceedings. During the arbitration, the amount of any settlement offer made by you or Songoroo will not be notified to the arbitrator until the final decision and the decision on compensation (if any) have been issued. In the event that the arbitration is finally decided in your favor, Songoroo will pay you:
the amount determined by the arbitrator, if any,
the amount of the last written offer for settlement by Songoroo before the decision of the arbitrator.
All documents and information provided in the course of the arbitration shall be kept strictly confidential by the Recipient and shall not be used by the Recipient for any purpose other than the purpose of arbitration or the enforcement of the decision and the arbitrator’s fees. This information will not be disclosed, except for confidential disclosure to persons who need to know it for these purposes, as required by applicable law. Except cases where it is required by the decision and compensation determined by the arbitrator, neither you nor Songoroo will make any public statements or public comments or provoke any publicity regarding the arbitration, including (but not limited to) the fact that the parties are in dispute, the existence of arbitration or decision or compensation determined by the arbitrator.
27.3.5. In the event that SRO changes this provision regarding arbitration in the future (other than changing the address of Songoroo to receive the notice), you may refuse any such change by sending a written notice within 30 days from the date of the change made by Songoroo. In such a case, your account with Songoroo will be terminated immediately and this arbitration provision will continue in effect as it appeared immediately prior to the changes you rejected.
28.1. If you have any questions regarding the Service or the Agreements, please contact Songoroo Customer Service by visiting the Songoroo Help Center on our website.
28.2. SRO respects intellectual property rights and encourages its users to do the same. If you are the copyright holder or its agent and believe that any of the copyrighted material available directly through the Service infringes your copyrighted work, please let us know.
28.3. Please use this email: firstname.lastname@example.org to file a notice of alleged copyright infringement. An alternative notice of alleged copyright infringement may be mailed to the following address: Songoroo s.r.o., Sartorisova 11, 821 08 Bratislava, Slovak Republic.
28.4. Please provide as much detail as possible so that we can identify the facts or circumstances and, if possible, ensure:
the physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright which is allegedly infringed,
specifically identify any copyrighted work that you claim has been infringed,
a description of how the material violates the rights by placing it on the Songoroo® service ,
contact information for the copyright notifier, such as full name, address, phone number, and email address,
a statement that the claimant is able to prove that the use of the work (s) by Songoroo is not permitted by the copyright owner, his representative or the law,
a statement that the information in the notification is accurate and that the claimant is the owner or the representative of the rightsholders allegedly infringed,
It is important to know that Songoroo has a policy to terminate the accounts of participants who repeatedly infringe copyright under certain circumstances.
Address to contact our company:
Songoroo s.r.o., Sartorisova 11, 821 08 Bratislava, Slovak Republic
Copyright © 2021 Songoroo®. All rights reserved.
Updated and valid from 1.09.2021