Remedy

Terms of Service

Effective date: April 3, 2023

Published: March 8th, 2023

Last revised: March 8th, 2023

Welcome to the Remedy® application, a service provided by Remedy Technology, LLC (“Remedy”, “we” “our”, “us”). Thank you for your interest in and use of our mobile applications (collectively the “Application” or “Applications”); websites (remedytech.io) and any subdomains thereof (collectively “Website” or Websites); all related sites, players, widgets, tools, applications, data, software, application programmatic interfaces (APIs), and other services (collectively the “Services“); and all content (Content) contained therein. These Terms of Use (“Agreement“) apply to the Website, Applications, and Services (together, the Platform). Remedy provides the Platform to you, subject to the terms contained in this Agreement.

Please read the terms and conditions of this Agreement carefully before using our Platform. The Platform and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Platform, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Platform.

1. ABILITY TO USE THE PLATFORM

In order to accept this Agreement and to use the Platform, you must be a resident of an Authorized Jurisdiction (as defined in this Agreement) and be 13 years of age in the United States; 16 years of in the European Union (EU) or European Economic Area (EEA); or be the age of majority in your country (“Minimum Age“). The Platform is not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) to use the Platform if you reside in the United States and are at least 13 and under 18 years of age, or have written parental consent if you are at least 13 and under 16 years old in the EU/EEA; (c) you have all the applicable rights and authority to grant Remedy the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Platform.

2. PRIVACY

Our Privacy Policy explains the data we collect, use, store, and process while you use and access our Platform. By using our Platform, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is incorporated herein by reference, and you agree that we may use such data in accordance with the terms of our Privacy Policy. If you have any questions regarding our Privacy Policy, please contact us at hello@remedytech.io.

3. USER ACCOUNT

To access the Platform, you must create an account on the Remedy® platform. You are required to complete a profile and submit certain personal information to us. We require an e-mail address, password, and a username, which may or may not be your real name. You must provide an e-mail address that is actually yours. Usernames are allocated on a first come, first serve basis. We reserve the right, in our sole discretion, to (a) refuse to issue a particular username or to (b) remove or reclaim any username, with or without notice to you. You cannot use a username that misappropriates the trademark, privacy, or other intellectual property rights of any third party (e.g., use the name of an artist, band, or individual) without express permission of such third party. We may refuse to issue a username or reclaim a username if we determine that such username impersonates someone else, misappropriates a person’s right of publicity, is illegal, or is offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.

You are allowed to create one account per device for your personal use. Accounts that are created through fraudulent, misleading, or inauthentic means, whether by third-party apps or otherwise, can be disabled or deleted by us at any time, with or without notice to you. Repeated creation of multiple inauthentic accounts may result in disabling of your account and/or a permanent ban from accessing the Platform.

When you create an account with us, you represent to us that you are at least the Minimum Age and that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with this Agreement at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under this Agreement may result in immediate termination of your account on the Platform.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your mobile device and your account. You agree to accept responsibility for any and all activities that occur under your account, including but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to disable your account on the Platform. You may not use anyone else’s password or account at any time on the Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements, and you may be held liable for any losses incurred by us or any other user of the Platform if your failure to keep your account information secure and confidential.

4. COMPLIANCE WITH POLICIES

While using the Platform, you agree that you will comply with all posted policies and agreements, including but not limited to our Privacy Policy as we may update them from time to time. We may suspend or stop providing you with access to the Platform if you fail to comply with our posted policies.

From time to time, we may, but are not obligated to, offer special promotions, sweepstakes, giveaways, and other promotional programs (collectively, “Promotions”) that may be governed by separate eligibility requirements (pertaining to location, age, etc.), time limits, restrictions, terms, and conditions that will be made available to you. You agree that your participation in any Promotions will be subject to such other requirements, limits, restrictions, and conditions.

5. CHANGES IN TERMS AND CONDITIONS

From time to time, we may add to, modify, or revise the Terms of Use. If a change is determined in our sole discretion to be material, we will notify you by e-mail or through an in-app message. You agree that such modified Agreement will be effective upon our posting of such updates, unless otherwise set forth by us. Your continued use of the Platform after such change becomes effective will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Platform.

7. COMMUNICATION PREFERENCES AND CONSENT

From time to time, we may send you communications through the various channels that you have provided to us (e.g. push notifications, in-app messages, e-mail address, telephone number, mailing address). These communications may include, but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages.

If you would like to modify your ability to receive communication from our Platform, in some cases, you may control those settings within the settings or preferences. By accepting this Agreement and using the Platform, you expressly consent to the receipt of all such communications from or on behalf of us. You may not opt out of receiving account-related or transactional communications.

8. CONTENT SELECTION AND FUNCTIONALITY OF THE SERVICE; SUSPENSION AND TERMINATION OF THE PLATFORM; UPDATES TO THE PLATFORM

We reserve the right to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, industry trends, and availability. However, in order to provide the Platform, we must reserve the right to alter, change, modify, or terminate any services, content, or application functionality at any time, with or without notice to you. We may from time to time, in our sole discretion, develop and provide Platform updates, which may include upgrades; patches; corrections; or changes, additions, or removal of features or functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. For the App, based on your mobile device settings, when your device is connected to the Internet, the App may download and install all available updates or you may receive notice of or be prompted to download and install available updates.

We may also suspend or terminate an account or cease providing you part or all of the Platform for any or no reason, including, but not limited to, if you have violated these Terms of Use or our other policies or have prolonged periods of inactivity.

9. THIRD-PARTY CONTENT; AFFILIATES

The Platform may present advertisements for or links to third-party applications, products, services, or websites (“Third-Party Content“). We are not responsible for the availability of Third-Party Content or the images, messages, or other materials contained therein. Neither Remedy nor its affiliates will be liable for any errors, illegalities, inaccuracies, or omissions in any Third-Party Content and will not be responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Content, including any goods, products, or services offered by such Third-Party Content. You understand that the information and opinions of Third-Party Content represent solely the thoughts of the author; are not endorsed by us; and may not necessarily reflect our beliefs. All third-party advertisers, sponsors, or other parties are responsible for ensuring that material submitted for inclusion on our Platform is accurate and complies with applicable laws.

In addition, you may encounter Third-Party Content in the form of advertisements, endorsements, or opinions about the Remedy® Platform by third-party reviewers, advertisers, influencers, ambassadors, or authors, whether compensated by Remedy or not. Such Third-Party Content may be published in digital, print, or any other form, on the Platform or any other websites, applications, or media not necessarily owned by or related to Remedy. The views, thoughts, and opinions expressed in the Third-Party Content belong solely to the author and have not been independently verified or approved by Remedy. We do not assume any liability for the content or accuracy of the information presented in any Third-Party Content. Nothing expressed in any Third-Party Content shall be construed to create any warranty of any kind, whether express or implied, with respect to the Platform not otherwise covered in this Agreement, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or any warranties arising out of any law, custom, course of dealing, performance, or trade usage.

Notwithstanding the foregoing, we seek to comply at all times with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. We require all influencers, ambassadors, marketers, or affiliates who receive compensation of any kind from us (collectively “Affiliates”) to comply with all FTC rules and regulations related to advertising and marketing, including, but not limited to, FTC 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides”). The FTC Endorsement Guides require, among other criteria, that material connections between advertisers and endorsers be disclosed and that all reviews, assessments, endorsements, and testimonials about the Remedy® Platform must clearly and prominently disclose that the author is one of our Affiliates and received compensation from us. We educate Affiliates regarding sponsorship disclosures and regularly monitor what our Affiliates post about us; however, we are not liable for any vagueness, ambiguity, misrepresentation, omission, or failure by an Affiliate to make a clear and conspicuous disclosure about the relationship of an Affiliate with us. We reserve the right to terminate the relationship with or withhold payment from any non-compliant Affiliates. Finally, nothing in our agreement with Affiliates shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. Our Affiliates have no authority to make or accept any offers or representations on behalf of us or to make any statements, representations, promises, or warranties of any kind, whether on our Platform or otherwise, that contradict anything contained in this Agreement.

10. PRODUCT SUPPORT; FEATURE AVAILABILITY; FRAUD AND ABUSE

We are not obligated to provide technical support under the terms of this Agreement and provides no assurance that any specific errors or discrepancies in the Platform will be corrected. We may alter the availability of any feature of the Platform or impose new limitations on your use of the Platform at any time, with or without notice, liability, or obligation. In certain circumstances, we may require you to install an update in order to continue use of the Platform. In order to provide a high-quality experience to all of our users, we monitor the Platform to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Platform should we determine it is associated with fraudulent or abusive activities. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.

During your use of the Platform, we may permit you to store data, preferences, content, or other information for your convenience, but we are under no obligation to retain any such data, preferences, content, or other information that you may have stored and will not be liable for the deletion of any such information.

11. MOBILE SERVICES

Use of the Platform may involve transmission of data through the networks of your mobile carrier or Internet service provider (ISP). You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or ISP in connection with, or related to your use of the Platform. We assume no liability or responsibility for the payment of any charges you may incur.

12. THIRD-PARTY SERVICES

Our Platform may display, include, or make available third-party content (or provide links to third-party sites or services) that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party site or services. We do not warrant the offerings of any of such third parties or their sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through such third-party services. You acknowledge and agree that you will read the terms of use and related policies of any third-party site or services that you visit.

13. INTELLECTUAL PROPERTY

You acknowledge that we retain all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Platform. Remedy®, its visual identity elements, and certain other trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of Remedy Technology, LLC. The Platform may also contain third-party trademarks, service marks, graphics, and logos. The Platform is owned or licensed by us and is protected by the laws of the United States and other countries in which the Platform is made available. You agree to prevent any unauthorized copying, use, or distribution of the content available to you in the Platform. Except as expressly provided herein, we do not grant any express or implied right to you under any copyrights, trademarks, trade secrets, patents, or other proprietary rights owned by us.

14. SUBMISSIONS AND FEEDBACK

We seek to cultivate an active user community that shares our passion for innovation, and our drive to constantly improve our Platform. While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners. By submitting any ideas, feedback, and/or proposals to us regarding the Platform (“Feedback“), you expressly acknowledge and agree that: (a) We are not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) We may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release us from any and all liability and claims that may result from or are related to the rights to the Feedback.

15. USER-GENERATED CONTENT; HARASSMENT; AND CYBERBULLYING

You acknowledge and agree that we are a passive provider that allows users to select and upload their own content to the Remedy® Platform. Such content may be transmitted to other users without modification or approval by Remedy. The transmission, routing, provision of connections, or storage of the content is carried out through a technical process and without Remedy necessarily selecting the content.

Except as separately licensed or as authorized under an applicable statutory licensing scheme, if you elect to transmit, upload, or provide photographic, video, oral, written, chat-based, or text-based media or other media content to us in connection with your use of the Platform (“User-Generated Content”), you hereby grant us a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license (but not the obligation) to record, use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, User-Generated Content, in any manner or medium now known or hereafter devised. User-Generated Content includes any and all content of a Lounge session that you participate in.

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against us for its use or exploitation of User-Generated Content submitted to the Platform as licensed herein, as well as any claims under “moral rights” or similar theories. You agree that our enabling you to provide us with User-Generated Content is adequate and sufficient consideration for our use of User-Generated Content, you will not receive any additional consideration or compensation for our exploitation of User-Generated Content, and we have no obligation to use any User-Generated Content.

Other than as provided in this Agreement, you will retain ownership of all rights in Your Content. You shall be solely responsible for User-Generated Content and the consequences of submitting and publishing User-Generated Content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User-Generated Content; and you license to us all patent, trademark, trade secret, copyright, or other proprietary rights in and to User-Generated Content for publication on the Platform pursuant to these Terms of Service.

You further agree that when posting User-Generated Content or otherwise using our Platform, you will not revise or alter any User-Generated Content posted by others, and you agree not to post or use any User-Generated Content in any manner that (a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (b) violates the privacy, publicity, or other rights of third parties; (c) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by us in our sole discretion; (d) is false or inaccurate; (e) violates any applicable local, state, national and international laws or regulations, civil or criminal; or (f) violates our policies, including but not limited to our Privacy Policy.

You are not allowed to post User-Generated Content or engage in behavior on our Platform that is intended to maliciously harass, threaten, stalk, intimidate, or bully others. You are not allowed to reveal someone’s personal information, such as their address, private e-mail addresses, phone numbers, passport number, or bank account information on our Platform. In addition, you are prohibited from posting any content that: (a) is deliberately posted in order to humiliate someone; (b) makes hurtful and negative personal comments/videos about another person; (c) incites others to harass or threaten individuals on or off the Platform; (d) features non-consensual sex acts or unwanted sexualization; (e) threatens specific individuals with physical harm or destruction of property; (f) features abusive or threatening behavior directed at a minor; (g) sexualizes or degrades an individual who is engaged or present in an otherwise non-sexual context; or (h) claims that specific victims of public violent incidents or their next of kin are actors, or that their experiences are false. This policy applies to photos, videos, photo or video descriptions, comments, live streams, and any other User-Generated Content on our Platform. This is not an exhaustive list of prohibited content.

If you see content that violates this policy or our Community Guidelines, please report it. Instructions for reporting violations are available on our Community Guidelines page. We take all reports of harassment and cyberbullying on our Platform seriously. If a conversation rises to the level of bullying or harassment of a specific person, we will remove the offending User-Generated Content and take any other actions deemed appropriate by us, with or without notice.

 

16. ARTIST PROFILE/LOUNGE VERIFICATION

Remedy allows artists (or their managers) that have been verified to claim their profile page and listening lounge. A verified badge (the blue checkmark) on Remedy appears next to the account profile image and the lounge name. This shows that we have confirmed that an account is the authentic presence of the artist it represents. Our verification team vets all requests thoroughly and bases their review on a number of inputs to determine whether an account is eligible to be verified.

To be considered for a verified badge, the artist account must adhere to our Terms of Service and Community Standards, as well as have a profile photo, name, and username that follows our guidelines. Accounts must also be authentic, in that it represents a real artist.

If your account represents a person, you’ll need a copy of your official government-issued photo identification (example: passport, driver’s license, national identification card) to validate your request. You may be requested to provide additional documentation to verify your use of a pseudonym. If your account represents an entity, e.g., a band, you may need a copy of a certificate of formation, articles of incorporation, or other documentation showing your relationship to that entity. Please also include a few sentences explaining why the artist profile and lounge should receive the verified badge, and relevant URLs that help illustrate the artist’s notability.

We look at a number of factors when evaluating accounts to determine if they meet our verification criteria. Even if your account is eligible for verification, submitting a request doesn’t guarantee that your account will be verified. Once we review your request, you’ll receive a notification letting you know if your account has been verified or not. If your request is denied, you can submit a new request after 30 days.

Keep in mind that if you provide false or misleading information during the verification process, we will remove your verified badge and may take additional action to delete your account. Your Remedy account may not impersonate an artist or portray another person or entity in a misleading or deceptive manner.

We review impersonation claims upon receipt of a valid impersonation report. We do not actively monitor users’ content.

If you are the impersonated party or an authorized representative, you can file an impersonation report. If you believe an account is impersonating an artist, please notify us at hello@remedytech.io with the username of the impersonating account and facts supporting your claim.

17. EXPORT CONTROL AND LEGAL COMPLIANCE

The Platform is operated out of the United States. We make no representation that the Platform, or content or information available via the Platform, is appropriate or available for use outside the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Platform from outside the United States do so at their own risk and initiative and are responsible for compliance with all applicable laws.

The Platform may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You may not use or export any materials via our Platform in violation of any export, re-export or import laws and regulations of the United States or any other jurisdiction. You represent and warrant that you are not located in a country that is: (a) subject to an embargo by the United States or that has been designated by the United States Department of State as a state sponsor of terrorism; or (b) included on any list of prohibited, restricted, or sanctioned parties published by the United States.

18. DISCLAIMERS; LIMITATIONS OF LIABILITY

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

OUR CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

19. INDEMNIFICATION

You agree to defend (at our option), hold harmless, and indemnify us from and against all third-party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Platform; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

20. TERM AND TERMINATION

Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Platform. You may cancel your account and terminate this Agreement at any time and for any reason. We may terminate this Agreement and your access to the Platform at any time and for any reason, with or without notice to you. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Platform, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to us. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.

21. NOTICES

We may provide notices to you about changes, products and services related to the Remedy® application and our services to the e-mail address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your e-mail address, up to date. We assume no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Platform. Except as otherwise provided for herein, any notices required to be delivered to us under this Agreement may be delivered via First Class Registered U.S. mail, overnight courier, or personal service to Remedy Technology, LLC., 14835 Ballantyne Village Way, Suite 200, Charlotte, North Carolina, 28277, United States.

22. ASSIGNMENT

We may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

23. THIRD-PARTY BENEFICIARIES

Except with respect to platform providers through which you download or use applications certified by us, nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

24. THIRD-PARTY PROVISIONS

If you downloaded the App from the Apple App Store®, then this section applies to you. You acknowledge that: (a) these Terms are between you and Remedy; (b) Remedy, not Apple Inc. (“Apple”), is solely responsible for the App and the content therein; (c) Apple has no obligation to furnish any maintenance or support for the App; Remedy, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation; and (d) in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any applicable warranty will be Remedy’s responsibility. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Remedy acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

25. GOVERNING LAW AND DISPUTES

Governing law

This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of North Carolina, excluding its choice-of-law principles.

Applicability of section

The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Platform, subject only to the following exceptions: (1) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in Mecklenburg County, North Carolina, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 23(c) below. Furthermore, in no event will the terms of this section limit our ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as music rightsholders.

Informal resolution

If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Platform, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If we do not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.

Arbitration

Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure described in section 23(c) above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.

The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 23 for use as persuasive authority in other proceedings brought pursuant to this section 23.

Limitation of actions

Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Platform or any term or condition of this Agreement, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

27. SEVERABILITY

In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

28. ENTIRE AGREEMENT

This Agreement, together with our Privacy Policy, each as may be amended from time to time, constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.

29. QUESTIONS REGARDING THIS AGREEMENT

If you have any questions regarding this Agreement, you may contact us at hello@remedytech.io.

 

30. Pricing

Pricing for the services provided is delivered in a multi-tier approach. All charges listed are in US dollars. Tier-1 is free and Tier-2 is $10 per month billed monthly or at any other period chosen by Remedy. In addition to the Tier methodology Remedy charges $0.0025 per 31 second stream of a song from a digital service provider (Spotify, Apple, etc.) beginning with the 23,000th stream on any billing account. Remedy reserves the right to change pricing without prior notice at any time.