{"service":{"name":"Tidal","url":"https://tidal.com/terms","lang":"ENG","sector":"Music","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Paid","date":"25.05.2018"},"document":{"title":"","text":"TIDAL - Terms & Conditions of Use\nEffective as of 25 May 2018\nBy visiting, accessing, or using TIDAL, you signify that you have the right, authority and\ncapacity to enter into this Agreement, that you have read and understand this Agreement,\nand that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS\nAGREEMENT, INCLUDING AUTO-RENEWALS OF YOUR SUBSCRIPTION AND\nPROVISIONS REGARDING Governing law. PLEASE READ THESE TERMS CAREFULLY. IF\nYOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.\n1 I\nd\ni\nIntroduction\n1.\nPrerequisites for access to the service\n2.\nPurchase, price information, payment terms, right of cancellation and refund policy\n3.\nSpecial offers\n4.\nRestrictions applicable to the use of the service\n5.\nApplication license\n6.\nThird party applications\n7.\nContent restrictions\n8.\nUser content\n9.\nProhibited content / activity\n10.\nSubmissions\n11.\nNotice and procedures for making claims of copyright or intellectual property\ninfringement\n12.\nPrivacy Policy\n13.\nThe rights of TIDAL\n14.\nNo warranty / Limitation of liability\n15.\nIndemnification\n16.\nTermination\n17.\nGoverning law\n18.\nMiscellaneous\n19.\n\n1. Introduction\nThis document (the “Terms”) together with the applicable Privacy Policy (collectively the\n“Agreement”) sets out the terms and conditions governing visits, access and use of the\nmusic service TIDAL by the end user (“you”). The term “you” includes additional registered\nusers whenever permitted under the applicable subscription, visitors, and others who\naccess or use any of the Services.\nThe “Services” means the music service branded ‘TIDAL’, mobile and device applications\nand all services provided by TIDAL, TIDAL’s affiliated entities or TIDAL’s vendors, or other\nthird parties with whom TIDAL contracts to provide the Services that are inherently related\nto the music service branded ‘TIDAL’. These may include, but are not limited to websites\nand applications for desktops, tablets and mobile handsets, set-top boxes and stereo\nequipment. The Services may also include your ability to edit certain Service Content (as\nthat term is defined in Section 8, below) that is specifically cleared for such use (the\n“Editable Content”) and User content (as that term is defined in Section 9, below), and\nsave such edited Editable Content and User content to your own playlist without the\nability to share or otherwise reproduce, distribute, publicly perform, or publicly display\nsuch edited Editable Content and User content (the “Edit Functionality”). Each instance of\nedited Editable Content or edited User content shall be deemed a “Remix” hereunder.\nThe Services are provided by Aspiro AB (“TIDAL,” “we” “us” and/or “our”). You may contact\nus at: TIDAL – Customer Support, 1411 Broadway, New York, NY 10018, or by email at\nsupport@tidal.com.\nThe current Agreement will appear on our website with the effective date that the Terms\nand/or Privacy Policy were updated. TIDAL may, in its discretion, make changes to the\nAgreement. When we make material changes to the Agreement, we’ll provide you with\nprominent notice as appropriate under the circumstances, e.g., by sending you an email.\nYour continued use of the Services after the changes have been made will constitute your\nacceptance of the changes. Please therefore make sure you read any such notice carefully.\nIf you do not wish to continue using the Services under the new version of the Agreement,\nyou may terminate the Agreement by contacting us at support@tidal.com.\n2. Prerequisites for access to the service\nYou need access to the internet in order to use the Services, and any cost for accessing\nthe internet shall be your responsibility. This also applies when using the Service via\nmobile phone, tablet, or other personal device capable of internet connection. If you use\nthe Services via mobile telephone you should familiarize yourself with applicable data\ntransfer costs for your mobile carrier plan. TIDAL does not have any responsibility or\nliability for data transfer costs you may incur when using the Services. We cannot\n\nty\ny\ny\ng\nguarantee that the Services will work with all devices. Please visit\nhttps://support.tidal.com/hc/en-us/articles/115005872445-System-Requirements for\nmore information about our compatibility specifications.\nIt is your responsibility to ensure that you are able to comply with the relevant system\nrequirements described above. TIDAL accepts no responsibility for any lack of\nfunctionality that is due to your equipment (including your device, internet connection,\noperating system or settings and software). Access to parts or all of the Services may be\nrestricted from time to time to allow for repairs, maintenance or updating.\nYou may not use the Services in any way that is fraudulent or illegal or is expressly\nprohibited by these Terms. By using the Services, you confirm to us that you accept these\nTerms and that: (a) you are 18 years of age or over; or (b) you are between the age of 13\nand 17, and have express permission from your parent or guardian to use the Services. If\nyou are under age 13, you are not permitted to use the Services or to submit any\npersonally identifiable information to TIDAL. If you reside in a country where the minimum\nage to use the Services or to submit any personally identifiable information to TIDAL is\ngreater than 13, such age limitation shall apply and you are not authorized to engage in\nthe foregoing unless you meet such age limitation in accordance with your country’s own\nlaws. If TIDAL reasonably believes that you have not told us your true age, we may\nsuspend your use of the Services until you have provided us with acceptable proof of age.\nIf you are a parent or guardian and believe TIDAL may have inadvertently collected\npersonal information from your child, please notify TIDAL immediately by sending an\nemail to Tidal – Customer Support at support@tidal.com detailing the basis of your belief\nand your request.\nThe Service requires you to register and create accounts for validation. You agree to: (a)\nprovide accurate, current and complete information as prompted by any registration\nforms on the Services; (b) maintain and promptly update such information and any other\ninformation provided to TIDAL, to keep it accurate, current and complete; (c) maintain the\nsecurity of your password and identification; and (d) be fully responsible for all use of your\naccount and for any actions that take place using your account.\nTIDAL reserves the right to suspend or remove your account or prohibit your use of the\nServices, without responsibility or liability to you, if we reasonably believe there may have\nbeen a breach of security on your account or if activities occur on your account that we\nreasonably believe seriously breach the Agreement.\n3. Purchase, price information, payment terms, right of\ncancellation and refund policy\n\nIn order take out a subscription to the Services or to make any purchase in connection\nwith the Services, you must (a) have reached the age of 18 years or (b) be between the age\nof 13 and 17, and have express permission from your parent or guardian to use the\nServices.\n(a) Subscription. Certain aspects of the Services provided by TIDAL, third parties, or both\nmay require you to purchase a subscription for a period of time as specified during sign-\nup (collectively a “Subscription”). Your Subscription, which may start with a thirty (30) day\nfree trial period, will automatically renew on a monthly or annual basis (as specified during\nyour sign-up) unless you cancel your Subscription as provided in Sections 3(e) and 3(g), or\nwe terminate your Subscription as provided in Section 18.\n(b) Bundles. TIDAL may contract with a third party telecommunication provider to provide\nthe Services to you through a bundle package together with other services provided by\nsuch third party provider. The payment terms for such bundle package, as well as other\nterms and conditions governing your use of the bundle package, may differ from the\nterms set out in this Agreement. You are responsible for reviewing such bundle terms or\nany other terms governing your use of the services provided by your telecommunication\nprovider before agreeing to any bundle package and accessing the Service via such\nbundle package. If you have purchased a bundle package, payment will be taken from you\nby your telecommunication provider. Should you wish to cancel or terminate your\nsubscription via such bundle package or obtain any further information in respect of\npayment methods, billing cycles, automatic renewals or refunds you must contact your\nprovider. Other than this sub-section (b), Section 3 of this Agreement does not apply to\nyou if you have purchased the Services as part of a bundle package from your\ntelecommunication provider or any other third party.\n(c) Promotion/Trials. TIDAL, vendors, or other third parties with whom we contract to\nprovide the Services may offer special promotions/trials with differing conditions and\nlimitations which may be subject to different terms from these Terms. Any additional\nterms to these Terms will be disclosed at sign-up or in other communications made\navailable to you prior to sign-up. You are responsible for reviewing any additional terms\ngoverning your use of such special promotions or trials before accessing any special\npromotions or trials. At the end of the free or promotional trial period, your subscription\nwill automatically renew for further rolling subscription periods of such duration as set out\nin the product details when you signed up for the trial or promotion and you will start to\npay for the subscription. To avoid any charges, you must cancel before the end of the free\ntrial. You are entitled to only one free trial per lifetime. Any attempt to utilize more than one\nfree trial is an unauthorized use of the Services and/or Service Content and amounts to a\nbreach of the Agreement. If TIDAL determines, in its absolute discretion, that you have\nutilized more than one free trial, TIDAL reserves the right to terminate your access to the\nServices, Service Content, and/or the Agreement.\n\n(d) Shopping in the store. It is not necessary to buy a Subscription to make a purchase at\nthe TIDAL Store. To make a store purchase, you'll be prompted to sign in to your account.\nIf you do not have an account, create a free account and choose a username and\npassword. Upon completion of the Store purchase, the purchased music or album will\nappear in your account for download. You can download store purchases on one device.\nOnce downloaded, your in-store purchase will no longer be available in your account. All\nshopping in the store is final. You are responsible for backing up each purchase in the\nTIDAL Store\n(e) Payment Methods. In connection with any and all Subscriptions that you select to\npurchase you must provide TIDAL with a current, valid, accepted method of payment,\nwhich may change from time to time (\"Payment Method\"). All Subscription purchases are\nsubject to this Agreement and any additional terms and conditions, including any fees,\nimposed by your financial services provider and/or mobile carrier, as applicable. You are\nsolely responsible for reviewing the terms of use, Privacy Policy or any other terms\ngoverning your use of the services provided by your financial services provider and/or\nmobile carrier. By providing a Payment Method in connection with any Subscription, you\nhereby authorize TIDAL to debit the total cost of said Subscription and agree to be\nresponsible for any foreign transaction charges associated with your Subscription\npurchase. Should charges for which you are responsible fail at the time payment is\nrequired, you may be responsible for costs associated with TIDAL’s efforts to collect\namounts due in accordance with applicable laws. You confirm and promise to us that all\ninformation you provide in connection with the purchase of a Subscription is true, accurate\nand complete. The duration and cost of Subscriptions are set by TIDAL in its sole\ndiscretion. When you purchase a Subscription, you will initially be charged at the rate\napplicable at the time of your initial agreement to subscribe. If the price of the\nSubscription increases later, we will provide you with written notice before the end of the\nbilling period in which the change is made. If you do not accept the change to your\nSubscription, you will be entitled to terminate this Agreement.\n(f) Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be\npaid in a single upfront payment while other Subscriptions may allow payment on an\ninstallment basis. If the Subscription fee is paid in a single upfront payment, the total\nSubscription fee is due and payable to TIDAL immediately upon sale and your Payment\nMethod will be automatically billed at that time. If the Subscription fee is paid on an\ninstallment basis, your Payment Method will automatically be billed at the beginning of\neach installment period as specified during sign-up.\n(g) Automatic Renewal. In order to provide continuous service, you agree that TIDAL will\nautomatically renew a Subscription on or about the date the Subscription expires. Such\nrenewal will be for the same duration of the original subscription term and will be billed at\nthe non-discounted rate for the Subscription as of the date of your enrollment and\naccording to your original billing cycle method (i.e. either as a single upfront payment or\n\naccording to your original billing cycle method (i.e. either as a single upfront payment or\nan installment basis). By enrolling in a Subscription, you agree that your Subscription will\nbe subject to the above-described automatic renewals unless you cancel your\nSubscription in accordance with the terms of this Agreement. You also agree that the\namount billed may be different if your original Subscription was purchased using a\npromotional/trial offer and you authorize TIDAL to charge your Payment Method for such\nvarying amounts as indicated at the time of sign-up. You agree that you are responsible for\nother charges, including any foreign transaction charges, that may be imposed by credit\ncard providers, payment processors or other third parties in connection with your use of\nthe Subscription. Your Subscription will remain in effect and continue to renew\nautomatically until it is cancelled.\nIF YOUR ACCOUNT IS MANAGED THROUGH TIDAL (AND NOT THROUGH A THIRD\nPARTY) AND YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, you\nmay do so by visiting your account settings page (https://tidal.com/account), going to the\nsection called “Subscription” and clicking on “Cancel my subscription”. TIDAL will make\nreasonable efforts to process cancellation requests within two business days from the\nreceipt of the cancellation request. All other cancellations are required to be made directly\nthrough the third party that manages your TIDAL Subscription.\n(h) Refund Policy. We will not refund any fees paid to us, including any advance charge(s)\nor payment(s) for any subscription term for the Services, unless otherwise required by law\nor the terms of this Agreement.\n(i) Charge Backs. If you dispute Subscription charges with your credit card company or\nfinancial institution, and TIDAL’s investigation determines the charges were valid, we may,\non reasonable written notice to you, charge to your TIDAL account the reasonable\nrequired cost of responding to your charge back request. TIDAL’s Privacy Policy details\nwhat information TIDAL may share with your financial institution as part of the\ninvestigation into disputed Subscription charges.\n(j) Statutory Right to Cancel.\nIf you are a consumer resident in the European Union, then you may also have the right to\ncancel your Subscription without giving any reason, and ask for a refund within 14\n(fourteen) days of purchasing such Subscription. However, as explained below, this right is\nlost as soon as you download, stream, access or use any of the Service Content, or use\nany of the Services.\nTo cancel your Subscription in accordance with this section, you must inform us of your\ndecision to cancel. You can contact us by sending an e-mail to support@tidal.com. Please\nmake sure that you include the details of your subscription purchase so that we can\nidentify it.\n\nIf you validly cancel your purchase in accordance with this section, we will refund the price\nyou paid for your Subscription (if any). We will make the reimbursement without undue\ndelay, and not later than 14 days after the day on which we are informed about your\ndecision to cancel the Subscription.\nWe will make the reimbursement using the same means of payment as you used for the\ninitial transaction, unless you have expressly agreed otherwise; in any event, you will not\nincur any fees as a result of the reimbursement.\nIf you purchase a Subscription, you expressly accept that we start providing you the\nServices within your 14-day withdrawal period. You acknowledge that by receiving or\naccessing the Services during this period, you will lose your statutory right to cancel the\npurchase.\nThese rights of withdrawal do not affect your legal rights.\n4. Special offers\nIf you have received or purchased access to the Services as part of a special offer,\ncampaign or a partner deal (a “Special Offer”), then the terms presented as part of such\nSpecial Offer are a part of this Agreement. Special offers will, unless otherwise specified,\nonly be valid for customers in the country (and state(s)) where it is issued.\n5. Restrictions applicable to the use of the service\nThe Services shall be for private use only and use of the Services in commercial or public\nsettings is not permitted.\nThe Services shall not be used in any manner that may breach the restrictions applicable\nto the utilization of the Service Content (as defined in Section 8, below). These include, but\nare not limited to, prohibitions against: (i) any form of technical intervention in the Services\nfor purposes of using the Services in any manner other than that intended and permitted\nunder the Agreement; (ii) copying and/or making public any Service Content; (iii)\nassigning any username or password to anyone else; (iv) circumventing any technical\nmechanisms within the Services that have been established to protect Service Content\nfrom reproduction/distribution; (v) using the Services in violation of applicable law; and (vi)\nfailing to respect applicable geographic/territorial restrictions.\nThe Services may include components that make use of temporary storage of certain\nService Content on the various platforms (also called “offline mode”). You have access to\nthis Service Content for as long as you have a valid Subscription. You are not permitted to\n\ngain access to such Service Content via other mechanisms than those available via the\nServices. Such Service Content shall not be copied and/or made available outside the\nServices.\n6. Application license\nBy “Application” we mean an application or other technical interface provided by TIDAL\nthat is used to access the Services. Subject to the terms of this Agreement, TIDAL hereby\ngrants you a personal, non-exclusive, non-transferable, limited and revocable license to\ndownload, run and use the Application for personal use on relevant devices owned or\ncontrolled by you. Such license also applies to updates and upgrades that replace or\nsupplement the Services in any respect and which are not distributed with a separate\nlicense and related documentation. The Application is licensed, not sold, to you, and\nTIDAL retains ownership of all copies of the Application even after installation on your\ndevices. TIDAL may transfer its rights and obligations, or sub-contract or sub-license its\nobligations, under this Agreement to another legal entity, provided your legal and\nconsumer rights are not prejudiced. You may not may transfer your rights and obligations,\nor sub-contract or sub-license your obligations, under this Agreement to another legal\nentity.\n7. Third party applications\nThe Services provides a platform for Third party applications, websites, platforms and\nservices to make available products and services to you (“Third party applications”), and\nyour use of these Third party applications is subject to their respective terms of use and\nprivacy policies. You should contact the administrator or webmaster for those Third Party\nApplication if you have any concerns regarding such Third Party Application or any\ncontent located on such Third Party Application. You understand and agree that TIDAL is\nnot responsible or liable for the behavior, features, or content of any Third Party\nApplication and does not make any representations regarding the behavior, features,\ncontent or accuracy of materials on any Third Party Application. You should take\nprecautions when downloading files from all Third party applications and websites to\nprotect your computer / device from viruses and other destructive programs. If you decide\nto access linked Third party applications, you do so at your own risk.\n8. Content restrictions\nThe Services contain content, such as sound recordings, audiovisual works, other video or\naudio works, clips, images, graphics, text, software, works of authorship, files, documents,\n\napplications, artwork, trademarks, trade names, metadata, album titles, sound recording\ntitles, artist names, intellectual property, or materials relating thereto or any other\nmaterials, and their selection, coordination and arrangement (collectively, the “Service\nContent”). The Service Content is the property of TIDAL and/or third parties and is\nprotected by copyright. The Service Content is made available to you only for your\npersonal use as expressly permitted under these Terms.\nYou are prohibited from using the Service Content as follows:\nExcept as permitted under the Terms, all copying, distribution or other use of the\nService Content is prohibited without the prior written consent of the Service Content\nrights holders.\nYou have no right to engage in the commercial use, sale, resale, assignment, license,\nmodification, making of copies or derivative versions, display, distribution or\npromotion of the Service Content; provided that to the extent expressly permitted by\nTIDAL, you may make derivative versions of the Editable Content for use solely in\nconnection with the Edit Functionality.\nYou have no right to play or perform any of the Service Content in public.\nThe use or posting of the Service Content on any other website, application or\notherwise, or sharing of the Service Content in a networked computer environment, for\nany purpose is expressly prohibited.\nYou shall only use the Service Content on platforms which are at your disposal for your\npersonal use as provided herein and pursuant to your Subscription terms, and which\nsupport the Services’ technical protection system. You shall not circumvent or try to\ncircumvent the Services’ technical protection system.\nThe Service Content is, with few exceptions such as content labeled “created by TIDAL,”\nautomatically uploaded to the platform by third parties such as record labels or their\ndistributors. TIDAL does not review the Service Content supplied by third parties. The fact\nthat Service Content supplied by third parties is available on the platform therefore does\nnot imply any endorsement or approval by TIDAL. You understand that TIDAL is not\nresponsible for features or the specific content of any Service Content supplied by third\nparties.\nUnauthorized use of the Services may also constitute a violation of applicable laws or\nregulations. If TIDAL, in its reasonable discretion, thinks you have breached the Terms, or\nhas reasonable grounds to believe that you are likely to breach these Terms, we may take\nany action we think is necessary to protect the Services and the Service Content. We may:\n(a) restrict, suspend, or (in the case of serious breaches) terminate your right to use the\nServices; (b) remove your User content (as defined below) from the Services; (c)\ninvestigate and take legal proceedings against you; or (d) disclose any information to law\nenforcement authorities we think is necessary or as required by law. These actions are not\n\ne\no ce\ne\nau\no\nes\ne\ns\necessa y o as equ ed by a .\nese ac o s a e\no\nlimited and we may take any other action we reasonably deem appropriate.\nWe are the owner of the TIDAL trademark (the “Trademark”). Nothing in this Agreement or\non the Services should be construed as granting, by implication, estoppel, or otherwise,\nany license or right to use the Trademark, without TIDAL’s prior written permission specific\nfor each such use. Use of the Trademark as part of a link to or from any site is prohibited\nunless establishment of such a link is approved in advance by TIDAL in writing. All\ngoodwill generated from the use of the Trademark inures to TIDAL’s benefit.\nElements of the Services including Service Content are protected by copyright, trade\ndress, trademark, unfair competition, or other state, federal and foreign laws, and the\nServices may not be copied or imitated in whole or in part, by any means, including but\nnot limited to the use of framing or mirrors. None of the Service Content may be\nretransmitted without TIDAL’s and/or the appropriate third party’s express written consent\nin each and every instance.\n9. User content\nTo the extent allowed by the Services, any musical works (sound recordings and\nunderlying musical compositions), audiovisual works (including but not limited to MTV\nstyle premium music videos, clips and so called “behind the scenes” audiovisual content),\nother video or audio works, images, graphics, text, works of authorship, files, documents,\napplications, artwork, trademarks, trade names, metadata, album titles, sound recording\ntitles, artist names, intellectual property, or materials relating thereto or any other\nmaterials that you submit to the Service (“User content”) are generated, owned and\ncontrolled solely by you and/or your licensees. We do not claim any intellectual property\nownership rights in any User content. After directly sending (“submitting”) your User\ncontent to the Services, you continue to retain any intellectual property ownership rights\nthat you may have in your User content, subject to the license below. By submitting any\nUser content on or through the Services, you grant to TIDAL the right to (and to permit\nTIDAL’s subcontractors to) store, display, stream, reproduce, promote, publicly perform,\ncreate and use derivative works of, distribute and otherwise exploit the User content on or\nthrough the Services via any and all devices known or devised in the future. For the\navoidance of doubt, to the extent you use the Edit Functionality to create a Remix, you\nacknowledge and agree that you own no right, title or interest therein and that any such\nRemix shall not be considered your User content hereunder.\n(a) The rights you grant to TIDAL are non-exclusive (meaning you are free to permit others\nto use your User content), fully-paid and royalty-free (meaning that we are not required to\npay you for the use on the Services of the User content that you post), sublicensable (so\nthat we are able to use our affiliates, subcontractors and other vendors such as internet\ncontent delivery networks and wireless carriers to provide the services related to the\n\ny\np\nServices), perpetual (forever) and worldwide.\n(b) You confirm and promise to us that the User content submitted by you on or through\nthe Services: (i) is owned by you or you otherwise have the right to grant the rights granted\nabove; (ii) does not infringe the rights of any third party, including any intellectual property\nrights, rights of confidential information or rights in privacy; (iii) does not imply any\naffiliation, endorsement, approval or cooperation by TIDAL or any artist, band, label, entity\nor individual without express written consent from such individual or entity; and (iv) shall\ncomply with all applicable laws and these Terms. You agree to pay for all royalties, fees,\nand any other monies owing any person or entity by reason of any User content submitted\nby you on or through the Services.\n(c) The Services perform technical functions necessary to offer the services on the\nServices, including but not limited to transcoding and/or reformatting User content to\nallow its use throughout the Services.\n(d) We may reject, refuse to post or delete any User content for any or no reason,\nincluding User content that we consider breaches this Agreement or which may be\noffensive, illegal or breach the rights of any third party, or harm or threaten the safety of\nany third party. We are under no obligation to you or any other person to oversee, monitor\nor moderate User content. We may at our option, moderate and review User content to\nensure that it complies with these Terms. If we do opt to monitor the Services, we assume\nno responsibility or liability to you for any User content available on the Services.\n(e) The rights granted in this section are granted separately with respect to each item of\nthe User content that you submit to the Services.\n(f) You are responsible for the User content that you submit to the Services. You must not\nupload, share or otherwise exploit any content to which you do not hold the necessary\nrights. In particular, any unauthorized use of copyright protected material within the User\ncontent may constitute an infringement of third party rights and is strictly prohibited. Any\nsuch infringements and may also result in civil litigation or criminal prosecution by or on\nbehalf of the relevant rights holder.\n10. Prohibited content / activity\nYou must not upload or share any User content which, in TIDAL’s reasonable opinion:\nIs patently offensive or promotes racism, bigotry, hatred or physical harm of any kind\nagainst any group or individual;\nHarasses or advocates harassment of another person;\nE\nl i\nl\ni\nl\ni l\n\nExploits people in a sexual or violent manner;\nContains nudity, excessive violence, or offensive subject matter or contains a link to an\nadult website;\nSolicits personal information;\nContains information that poses or creates a privacy or security risk to any person;\nConstitutes or promotes information that you know is false or misleading or promotes\nillegal activities or conduct that is abusive, threatening, obscene, defamatory or\nlibelous;\nConstitutes or promotes an illegal or unauthorized copy of another person's\ncopyrighted work, such as providing pirated computer programs or links to them,\nproviding information to circumvent manufacturer-installed copy-protect devices, or\nproviding pirated music or links to pirated music files;\nInvolves the transmission of \"junk mail,\" \"chain letters,\" or unsolicited mass mailing,\ninstant messaging, \"spimming,\" or \"spamming\";\nContains restricted or password-only access pages or hidden pages or images (those\nnot linked to or from another accessible page);\nFurthers or promotes any criminal activity or enterprise or provides instructional\ninformation about illegal activities including, but not limited to making or buying illegal\nweapons, violating someone's privacy, or providing or creating computer viruses;\nSolicits passwords or personal identifying information for commercial or unlawful\npurposes from other users;\nInvolves any form of user tracking, commercial activities and/or sales without prior\nwritten consent from TIDAL such as contests, sweepstakes, barter, advertising, or\npyramid schemes; or\nBreaches the privacy rights, publicity rights, copyrights, trademark rights, contract\nrights or any other rights of any person.\nYou further agree not to undertake any of the following activities on the Services:\nCriminal or tortious activity, including child pornography, fraud, trafficking in obscene\nmaterial, drug dealing, gambling, harassment, stalking, spamming, spimming,\nsending of viruses or other harmful files, copyright infringement, patent infringement,\nor theft of trade secrets;\nAdvertising to, or solicitation of, any user, without the written consent of TIDAL to buy\nor sell any products or services through the unauthorized or impermissible use of the\nServices;\nCircumventing or modifying, attempting to circumvent or modify, or encouraging or\nassisting any other person in circumventing or modifying any security technology or\nsoftware that is part of the Services;\nActivity that involves the use of viruses, bots, worms, or any other computer code, files\nor programs that interrupt, destroy or limit the functionality of any computer software\n\nor programs that interrupt, destroy or limit the functionality of any computer software\nor hardware, or otherwise permit the unauthorized use of or access to a computer or a\ncomputer network;\nCovering or obscuring the banner advertisements on any page on the Services via\nHTML/CSS or any other means;\nAny automated use of the system, such as, but not limited to, using scripts to submit\ninformation or send comments or messages;\nInterfering with, disrupting, or creating an undue burden on the Services or the\nnetworks or services connected to the Services;\nImpersonating or attempting to impersonate another user, person or entity;\nUsing the account, username, or password of another user at any time or disclosing\nyour password to any third party or permitting any third party to access your account;\nSelling or otherwise transferring your account;\nUsing any information obtained from the Services in order to harass, abuse, or harm\nanother person or entity, or attempting to do the same;\nAccepting payment or anything of value from a third person in exchange for your\nperforming any commercial activity through the unauthorized or impermissible use of\nthe Services on behalf of that person; or\nUsing the Services in a manner inconsistent with any and all applicable laws and\nregulations.\nYou agree that any breach of the provisions of this Section 10 will be considered a serious\nbreach of the Agreement.\n11. Submissions\nWe have provided our contact information and email links on the Services because we\nwould like to hear from you. However, we do not want you to, and you should not, send\nTIDAL any documents or other materials that contain confidential or proprietary\ninformation. You grant TIDAL an unrestricted, irrevocable, royalty-free license to copy,\ndistribute, and modify any such documents or other materials that you send TIDAL, and to\nuse for any purpose any ideas, trade secrets, know-how or other confidential or\nproprietary information disclosed in those documents or other materials, and that all of\nthe representations and promises you make pursuant to this Agreement with respect to\nUser content apply equally with respect to any other documents or materials that you\nsend to TIDAL that do not constitute User content.\n12. Notice and procedures for making claims of\ncopyright or intellectual property infringement\n\nWe may disable and/or terminate use of the Services by users who infringe the intellectual\nproperty rights of others. We also have a policy of responding to notices of alleged\ninfringement that complies with the U.S. Digital Millennium Copyright Act (“DMCA”) which\nmay include removing material, including Service Content and/or User content, claimed to\nbe the subject of infringing activity. If we remove material to comply with the DMCA\n(“Removed Content”), we will attempt to contact the provider of such Removed Content to\nenable them to make a counter notification pursuant to the DMCA. We will terminate the\naccounts of any users and/or block access to the Services by any users who repeatedly\ninfringe the copyrights of others.\nIf you believe that your work has been copied in a way that constitutes copyright\ninfringement, or that your intellectual property or privacy rights have been otherwise\nbreached, please provide TIDAL with a notice containing the following information:\nAn electronic or physical signature of the person authorized to act on behalf of the\nowner of the copyright or other intellectual property interest;\nA detailed description of the copyrighted work or other intellectual property that you\nclaim has been infringed;\nA detailed description of where the material that you claim is infringing is located on\nthe website (providing URL(s) in the body of an email is the best way to help TIDAL\nlocate content quickly);\nYour name, address, telephone number, and email address;\nA statement by you that you have a good faith belief that the disputed use is not\nauthorized by the copyright owner, its agent, or the law;\nA statement by you, made under penalty of perjury, that the above information in your\nnotice is accurate and that you are the copyright or other intellectual property right\nowner or authorized to act on the copyright or intellectual property right owner’s\nbehalf; and\nYour signature.\nSend your notice to TIDAL Copyright Department, Aspiro AB, 1411 Broadway, New York,\nNY 10018 or by email to support@tidal.com. Please note that you may be liable for\ndamages (including costs and attorneys’ fees) if you materially misrepresent that any\nmaterial is infringing your copyrights or other intellectual property or privacy rights.\nThe provider of Removed Content may make a counter notification pursuant to Sections\n512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate\nthe Removed Content. To submit a counter notification, you must provide TIDAL with a\nwritten notice that includes each of the following items:\na detailed identification of the material the TIDAL has removed;\n\nyour name, address, telephone number, e-mail address, and a statement that you\nconsent to the jurisdiction of Federal District Court for the judicial district in which your\naddress is located (or New York, New York if your address is outside of the United\nStates), and that you will accept service of process from the person who provided\nnotification under subsection (c)(1)(C) or an agent of such person;\nthe statement: \"I swear, under penalty of perjury, that I have a good faith belief that\neach search result or message identified above was removed or disabled as a result of\na mistake or misidentification of the material to be removed or disabled.\"; and\nyour signature.\nThe counter notification can be sent to TIDAL Copyright Department, Aspiro AB, 1411\nBroadway, New York, NY 10018 or by email to support@tidal.com. Please note that you\nmay be liable for damages (including costs and attorneys’ fees) if you materially\nmisrepresent that a product or activity is not infringing the copyrights of others.\nIf you are the owner of any intellectual property other than copyrighted materials (such as,\nfor example, a trademark), or an agent thereof, and believe that any item of content or\nother materials on the Services infringes upon your rights in such intellectually property,\nyou must submit a notification to us in the same manner as provided above in respect of\nnotice of alleged copyright infringement, including providing the same information in\nwriting to the designated address set forth above.\nDISCLAIMER: WE ARE NOT YOUR LEGAL ADVISERS, AND THE INFORMATION WE\nPRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR\nINFORMATIONAL PURPOSES ONLY, AND AS REQUIRED BY LAW.\n13. Privacy Policy\nTIDAL’s Privacy Policy forms part of this Agreement and is incorporated herein by\nreference.\nAny questions, complaints or claims regarding the Services can be directed to:\nsupport@tidal.com.\n14. The rights of TIDAL\nIf you fail to make payment or materially breach any provision of the Agreement, and such\nbreach is not caused by circumstances on the part of TIDAL, TIDAL may, taking the interest\nof the user in account, deny further access to the Services.\nY\nth t TIDAL\nd S\ni\nl t d i f\nti\nt\ni\nth\nf\nf\n\nYou are aware that TIDAL may send Services-related information to you in the form of\nemails and, where you have made your mobile number available and provided consent,\nby text messages, as detailed further in the Privacy Policy.\n15. No warranty / Limitation of liability\nNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY WARRANTIES THAT MAY\nNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED\nBY LAW, HOWEVER, WE EXCLUDE ALL OTHER CONDITIONS, WARRANTIES,\nREPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY\nCONTENT ON THE SERVICES, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, WE\nDISCLAIM ALL WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR\nPURPOSE OR NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY LOSS OR\nDAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER\nTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER\nEQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE\nTO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON\nIT, OR ON ANY WEBSITE LINKED TO IT. WE WILL NOT BE LIABLE TO YOU FOR ANY LACK\nOF PERFORMANCE, OR THE UNAVAILABILITY OR FAILURE OF THE SERVICES, OR FOR\nANY FAILURE BY US TO COMPLY WITH THESE TERMS, WHERE SUCH LACK,\nUNAVAILABILITY OR FAILURE ARISES FROM ANY CAUSE REASONABLY BEYOND OUR\nCONTROL.\nANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO THE\nPURCHASE PRICE YOU PAID AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR\nDAMAGE THAT IS NOT FORESEEABLE AT THE TIME WHEN YOU BEGIN USING THE\nSERVICE.\nWE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON THE\nSERVICES. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF\nTHOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT\nMAY ARISE FROM YOUR USE OF THEM.\nTHIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. NOTHING IN\nTHESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL\nINJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III)\nANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.\n16. Indemnification\nTo the fullest extent permitted by applicable law, you agree to defend, indemnify, and\nhold TIDAL and its affiliated entities, and each of their present, former and future parents,\npredecessors, successors, assignees, subsidiaries, owners, officers and directors\n(whether acting in such capacity or individually), agents and attorneys harmless from and\n\nagainst any claims, actions or demands, including, without limitation, reasonable legal\nand accounting fees, arising from, relating to or resulting from (a) your breach or alleged\nbreach of the Agreement; (b) your unauthorized access to, use or misuse of the Service\nContent or the Services; (c) any breach of your representations and promises set forth\nherein, or (d) your violation of any law or the rights of a third party. We shall provide notice\nto you of any such claim, suit, or proceeding and shall assist you, at your expense, in\ndefending any such claim, suit or proceeding. We reserve the right to assume the\nexclusive defense and control of any matter that is subject to Indemnification under this\nsection. In such case, you agree to cooperate with any reasonable requests assisting our\ndefense of such matter.\n17. Termination\nWe may terminate this Agreement and close your account, or suspend your access to the\nServices, at any time without notice and without responsibility or liability to you, in the\nevent of your actual or suspected unauthorized use or misuse of the Services and/or\nService Content, or serious breach of the Agreement. In that event, we will refund to you a\npro-rata share of your Subscription charge (if any) to account for the period you will not be\nable to access the Services.\nWe may terminate this Agreement and close your account at any time on reasonable\nnotice to you if we cease to provide the Services.\n18. Governing law\nThese Terms are governed by, and construed in accordance with, the laws of the State of\nNew York without giving effect to principles of conflicts of law and the courts of England\nand Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or\ndisagreements relating to these Terms.\n19. Miscellaneous\nThere is no agency, partnership, joint venture, employee-employer or franchisor-\nfranchisee relationship between you and TIDAL or between TIDAL and any other user of\nthe Services. If any provision of this Agreement is found to be invalid by any court having\ncompetent jurisdiction, the invalidity of such provision shall not affect the validity of any\nother provision of the Agreement, which shall remain in full force and effect unless such\ndeletion materially frustrates the intent of the parties, in which case this Agreement will\nterminate. Our failure to act on or enforce any provision of this Agreement shall not be\nconstrued as a waiver of that provision or any other provision in this Agreement. No waiver\n\nRozpocznij\nDarmowy okres próbny\nPobierz TIDAL\nCeny i pakiety\nImport playlisty\nObsługiwane urządzenia\nPomoc\nOdkryj TIDAL\nO TIDAL\nOdkrywaj aplikację\nDla muzyki\nDla artystów\nshall be effective against TIDAL unless made in writing, and no such waiver shall be\nconstrued as a waiver in any other or subsequent instance. This Agreement is not\nintended to, and does not, give any person who is not a party to it any right to enforce any\nof its provisions.\nTIDAL intends to rely on this Agreement, including the applicable Privacy Policy, and any\nnotices regarding the Services sent to you or posted on the Services. If you require any\nchanges to the Agreement, such changes must be expressly agreed to by you and TIDAL\nin writing. This will help avoid any problems about what you expect from TIDAL and what\nTIDAL expects from you.\nThe section headings are provided merely for convenience and shall not be given any\nlegal import. This Agreement will inure to the benefit of our successors, assigns,\nlicensees, and sublicensees.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}