Last Modified: August 24, 2023
1. Additional terms and agreements
As part of our Services, you will need to log in to your Apple Music or Spotify account, following which we will be receiving information through the applicable API (Spotify's API services, and Apple Music's API services). You hereby acknowledge and understand that by agreeing to these terms, you agree to be bound by the Spotify or Apple Music terms and conditions, policies and privacy notices:
2. Age limitation and eligibility
You hereby represent and warrant that you are at least 12 years old and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement.
We reserve the right, at our discretion, to revise or update these Terms at any time. Such amendments shall be effective 30-days from the publication of the amended Terms or from the date you received notice. The date of the last revision will be reflected in the “Last Modified” heading located at the top of the Terms. Your continued use of the Services thereafter constitutes your consent to such changes and you agree to be bound by them. We will provide you with written notification by applicable communication means, in the event of any material changes to these Terms or to the Services.
4. The services
- stats.fm mobile application (“App”) offers its users personalized insights of songs, artists, podcasts, albums, and playlists based on the listening history integrated with an existing Spotify or Apple Music account, discovering other users with similar preferences and contacting them through the chat feature, or other services and content available therein (“Services”).
- Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license, to install the App and use the Service solely for the purposes set forth herein. The Company, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, pricing, or other tools which are available as a part of the Service or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Service without incurring any liability to you.
- Except as expressly stated under these Terms, we or our licensor retain all rights, title ownership, and interest in and to the App and Services, copyrights and trademarks, product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Services which are not expressly granted herein.
5. Registration and user account
- You hereby represent and warrant that you will provide accurate and complete information. It is strictly prohibited to use a false identity, impersonate any other person or use a name that is not yours to use. In the event of untrue or inaccurate information, we may suspend or terminate the Account. You are solely and fully responsible for maintaining the confidentiality of the password and username of your Account and for all activities that occur under the Account, including if made on your behalf. Unauthorized access or use of the Account or Services must be immediately reported to us at: [email protected].
- We reserve the right, in our sole discretion, to refuse access to or use of the Services to any user and to change its eligibility criteria at any time, without liability to the users or any third party. Company may terminate your Account immediately and without prior notice if you do not comply with these Terms or if we believe your use of the App or the Services does not comply with any applicable laws.
6. Payments and fees
You may create an account for free and enjoy access to certain features free of charge, however, certain premium features are subject to fees and payments, either one-time payment or subscription plans (“Paid Services”). Premium features such as importing and advanced stats are available due to one-time payment or subscription plans (please review our pricing page in the Apple App Store or Google Play store for additional information).
We reserve the right, at our own discretion, to change any features or functionalities of the Paid Services. Changes to the Paid Services can be based on various factors, e.g., improving, managing the Services, complying with requirements or legal or technical requirements. Where such changes negatively affect an existing Paid Services in more than a limited way, you will be informed and may terminate the Paid Services.
Paid Services in a form of subscriptions are auto-renewed, meaning payments will be auto-renewed following the end of the applicable period. You may cancel your subscription plan anytime through Apple Pay or Google Pay, as applicable to you. Should you choose to cancel your subscription, your access to the paid features will continue through the end of your billing period, as applicable, and expire thereafter, and you may be downgraded to the free Services. To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions.
We reserve the right to change the pricing of any Paid Services, in its sole discretion; however, once you have purchased a Paid Service, any such changes to your existing Paid Service will only apply following a thirty (30) day prior written notice.
Your payment will be charged through your applicable mobile store, such as Apple Pay or Google Pay and subject to the applicable terms and condition. Google Pay’s Terms of Service are available here; Apple Pay’s Terms and Conditions are available here.
7. Restrictions of use
- The App and Services are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the App or Services or attempt to derive the source code or gain unauthorized access to the App or Services or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the App or Services; (b) reproduce the Services, prepare derivative works, distribute, perform publicly or display publicly the Services' content without our prior written approval (and except as permitted under applicable law); (c) commercially exploit the Services or any portion thereof; (d) use the App or Services in any fraudulent or unlawful manner; (e) use the App or Services in any way that violates any provision of these Terms; (f) assert any proprietary rights in or to the Services' content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; or (g) use our name, logo or trademarks without our prior written consent.
- We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or no reason, at our sole discretion.
8. Disclaimer and limitation of liability
- YOU ACKNOWLEDGE AND AGREE THAT THE APP, THE SERVICES AND ANY CONTENT AND FEATURES THEREIN, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
- We disclaim all warranties, express or implied, of any kind, regarding the App and the Services (including any content, information, software, links, advertisement, deep linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.
- Company shall not be responsible for any damage which may be caused due to a malfunction or defect of the software underlining the Services access to the Services or due to cancellation or termination of the Services. Company shall not be responsible or liable for any errors or inaccuracies in the information or content displayed on the App or Services.
- Despite our efforts, the information contained in the Services may not be accurate, comprehensive, reliable, complete, current, or applicable to your needs in all respects at all times. We shall not be liable for any inaccuracies or omissions in the Services, and any decisions you make based on information and the tools contained in the Services are your sole responsibility and made at your sole risk.
- The App or Services may not support all types of devices. The Services are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Services.
- THE USE OF THE SERVICES IS AT USER’S SOLE DISCRETION AND RISK. THE COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT AND TOOLS PROVIDED HEREIN. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from (a) your use of the Services does not comply with these Terms including negligence and wrongful act; (b) abusing or infringing third party rights through the Services; and (c) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
10. Term and Termination
- You may terminate these Terms and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by: (a) simply stopping using the Services and deleting the App; (b) sending us a request to delete your Account; or (c) if you subscribed to a plan, you may terminate such subscription plan in accordance with the Payments and Fees Section above. We may terminate these Terms, your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Service. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you.
- Upon the expiration or termination of these Terms, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Services. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.
11. Governing law and Jurisdiction
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of The Netherlands. Each Party irrevocably agrees that the courts of The Netherlands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
These terms, constitute the entire understanding between the parties with respect to the use of the Services. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have any questions regarding these Terms and the Services, or you wish to report violators of these Terms, you may contact us at:
StatsFM B.V. registration number 86035096
Email Address: [email protected]