Terms of Use

Thank you for your interest in Playce (App). By using our App and its music aggregation functions to use multiple music streaming services (each a Music Service Provider) simultaneously (collectively, the Services) you agree to comply with these Terms of Use, as well as our Privacy Policy (https://www.playce.app.privacy]), which together form the End User Licence Agreement (EULA) between you (the end user) and us. If you do not agree to the EULA you should refrain from using the App or any of our Services.

IMPORTANT

We agree to license use of the App to you on the terms of and subject to your compliance with the EULA and subject to any rules or policies applied by any appstore provider (Appstore) from where you downloaded the App. We do not sell the App to you. The App is free to use. We remain the owners of the App at all times.

To use our App your Device must satisfy certain system requirements. These requirements can be found on our website https://www.playce.app/ or on the Appstore from where you downloaded the App.

Please read the EULA carefully and, in particular, section 14 of these Terms of Use which sets out the extent of our liability. Please also pay attention to the disclaimers in these Terms of Use.

Our App is not directed at or intended for use by any person under the age of 16 nor for any person who is regarded as a child for data protection and other civil purposes in their country if they are 16 or over.

Please note the terms of the EULA may be revised from time to time and it is important that you check the latest version regularly as the most recent version shall take effect whenever you use the Services.

We are independent of all Music Service Providers and we cannot control either their services or their service’s compatibility or interoperability with the App. At any time, a Music Service Provider could block other Apps from accessing their services.

Contents

These Terms of Use set out information on the following matters:

Use of the App
The Services
Using the Services
The App
No in-App Purchases
Additional terms applicable to iOS Users
Access to the Services
App Content
No User Content
Acceptable Use Policy
Data Protection, Privacy and Cookies
Intellectual Property
Third-Party Websites
Liability and Indemnity
General
Contact us

Defined terms and phrases (which are capitalised) shall have the meanings and definitions given to them in bold in the EULA.

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Use of the App

In exchange for you agreeing to comply with the terms of the EULA, we shall provide the Services and grant you a non-transferable, royalty-free, revocable licence to do the following (in each case subject to the terms of the EULA):

download the App;
create a profile; and,
access and use the Services.

The EULA sets out all your rights with respect to your use of the App and Services, and all other rights are reserved by us and/or our licensors and/or Music Service Providers. This EULA shall remain effective unless terminated by us or unless you breach any term (in which case the EULA and the licence under section 1.1 shall terminate automatically and your permission to use the App and the Services and all other rights under the EULA will cease immediately).
The Services are provided by Playce Lab Limited (company number 11302111) a company registered in England and whose registered address is at 2nd Floor, Solar House, 915 High Road, London, England, N12 8QJ United Kingdom. Any questions or concerns about the EULA or the Services should be sent to that address or emailed to us at info@playce-dev.com.
We may change these terms at any time by sending you a notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time, updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of the EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

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The Services

Please note that the following definitions apply to the EULA:

App Content means any content delivered or displayed through use of the App or the Services including audio content;
Device means any mobile telephone or other handheld device;
User means a user of the App and / or Services.

The App provides a platform for the Services.
In the event that we have to contact you in relation to the Services, we may do so by posting a message on the App or by emailing or messaging (or, where required, by text messaging or telephoning) you using the contact details you have provided to us.

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Using the Services

To use the App and the Services, you must register for an account with us. To register for an account, you will need to create a profile and submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
As part of creating your account profile, we may also ask you to provide certain other information to us such as your interests, age and a profile picture. You may also register and sign in to the App using your Facebook account and login. If you do so, you authorise us to access and use certain Facebook account information. For more information regarding the information we collect from you and how we use it, please refer to our Privacy Policy (https://www.playce.app.privacy].
Your account is personal to you and you must keep your password confidential and not disclose it to any third party. No one other than the registered account holder is entitled to use an account to access the Services, and each User is solely responsible for the use of his or her account. If your account security or access credentials are compromised, you must inform us immediately by emailing us using the details in paragraph 1.3 above.
We act solely as the operator of the App platform. This means, for example, that we do not vet audio content or other content or music streaming services. Users have important obligations to ensure the effective operation of the Services, which are set out in section 10 of these Terms of Use.
Use of the App and the Services is for personal use only. This means that you may not use the Services or our App or any App Content for business purposes.
The App is not intended for children. You must be 18 or over to accept these terms and download the App.

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The App

You may use the App, which can be downloaded from the website listed above, the Apple App Store and Google Play in order to access the Services. Use of the App is subject to specific additional terms which are set out in this section 4 which you agree.
When accessing the Services and using the App you may, in some cases, incur liability to a third party for data usage charges. We accept no liability for such charges, which are usually the subject of an agreement between you and your network operator. In the event you are not the person responsible for paying data usage charges, you should obtain permission from that person prior to using the App.
You should be aware that this EULA only applies between you and us, and shall not impose any responsibility, obligations or liability whatsoever on any third-party app provider or Music Service Provider, nor shall this EULA affect any existing agreement(s) between you and any third party.

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No in- app purchases

We do not offer additional products and services for purchase through the Appstores.

Google Play Store notice and additional terms applicable to Apple iOS Users

If you use the Google Play Store, in addition to the licence grant at 1.1, we grant a non-exclusive, worldwide, and perpetual license to perform, display, and use the App and the terms below do not apply. Where the App is accessed via Apple iOS devices, the additional terms set out below apply to the EULA.
Notwithstanding anything to the contrary in other parts of the EULA, you agree that:

the EULA is entered into between you and us. We are not affiliated with Apple Inc. or its subsidiaries (Apple) and Apple shall not be a party to the EULA;
we shall be solely responsible for providing any maintenance or support required for the App and Apple shall have no obligations in relation to maintenance or support;
the EULA grants you a licence to use the App on a compatible iPhone, iPod touch, Apple TV, iPad, and/or any other compatible Apple device that you own or control in accordance with, and as permitted by, Apple’s Usage Rules located in the App Store Terms of Service;
in the unlikely event that the App fails to conform with any warranty contained within the EULA, you may notify Apple who will refund any applicable purchase price, however Apple shall have no other liability or obligation arising out of or in connection with any warranty given in the EULA;
nothing in the EULA shall be deemed to constitute a warranty made on Apple’s behalf, nor shall the EULA impose any liability or responsibility on Apple whatsoever for any claims which arise in relation to, or in connection with, the EULA (or any other agreement between you and us), the App or the Services, including (but not limited to): product liability claims; claims the App fails to conform with any legal or regulatory requirement; claims relating to breaches of any applicable consumer protection, privacy or similar legislation; or the investigation, defence, settlement and discharge of any intellectual property infringement claims resulting from your use and/or possession of the App;
to the extent that we are required to provide indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right;
you agree and warrant that you are not located in a country which is subject to an embargo by the U.S. Government; in a country which been designated a “terrorist supporting” country by the U.S. Government; and that you have not been placed upon a U.S. Government list of prohibited or restricted parties; and
you agree to comply with third party agreements when using the App.
Apple is a third-party beneficiary to the EULA and you accept that Apple shall be entitled to enforce the terms of the EULA as if it was a party to the EULA.

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Access to the Services

Use of the Services is at your own risk. No warranty is offered as to the availability, functionality, continued operation or reliability of the Services and we make no warranty or representation that they shall be free of viruses or other unwanted, unauthorised or malicious code or software. We or a third party (including a Music Service Provider) may prohibit or terminate access to the Services (in whole or in part) at any time without notice and we accept no liability for loss, damage, destruction or corruption of data, software or hardware as a result of your use of, or inability to use, the Services.
Unless expressly stated otherwise in the EULA, any new or modified features that enhance or alter the Services, including the release of new tools and resources, shall be subject to the EULA. You agree not to access the Services by any means other than through the App or our website listed above.
You agree and acknowledge that we do not warrant or represent that:

the Services will meet your specific requirements;
the Services will be uninterrupted, timely, secure, or error-free;
information provided as part of the Services will be accurate or reliable;
App Content will be in compliance with our Acceptable Use Policy at section 10 of these Terms of Use;
the quality of any services, information, or other material obtained by you through the Services will meet your expectations; or
any errors in the Services will be corrected.

Access to all or part of the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We may, from time to time, update the App via the Appstore which you downloaded the App from. Updates may interrupt use of the Services and/or render the Services inaccessible.

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App Content

We make no warranty or representation about App Content, including as to whether or not the App Content is accurate, complete or up to date, and we do not make the App Content available for any particular purpose.
We accept no responsibility for any App Content that has been licensed by any third party. This includes (but is not limited to) defamatory content, offensive content or content which infringes the rights of a third party (include intellectual property rights or privacy rights). Any views or opinions within the App Content are neither endorsed by us nor representative of our views or opinions.
You must not grant any rights in or rent, lease, loan or sell any App Content and, except to the extent such prohibitions cannot be excluded by law, you may not modify, dissemble, alter, edit or create derivative works from the App Content, or otherwise display it in any way which could reasonably be considered as placing the App Content out of context.
The Services may not be accessible from all countries or regions, nor available in all languages. We provide no warranty or other assurance that the Services will be operational or appropriate in all locations or that they will be in compliance with local laws. You are responsible for ensuring that by entering into the EULA and using the Services you are in compliance with local laws.

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No User Content

The App does not permit user generated content. You agree not to attempt to use the App to generate or publish content.

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Acceptable Use Policy

We respect the rights of others and will not allow the Services to be used in a way which might infringe the legal rights (including intellectual property rights) of any third-party and this section sets out our policy on acceptable use (Acceptable Use Policy). You may only use the Services in a way which respects the rights of others and in particular you must not do any of the following:

act in a way which represents or implies that we or any of our licensors or Music Service Providers endorse any products or services other than those provided (respectively) by us or our licensors or Music Service Providers, or in a way which misrepresents your relationship with us or our licensors or Music Service Providers, or offers false or misleading information about us, our licensors or Music Service Providers or the Services;
act in any manner which is (or promotes, incites or encourages any other person or organisation to do anything which is) unlawful, pursues an unlawful purpose, is inconsistent with or contrary to the terms of the EULA, breaches any legal duty owed to a third party (such as a contractual duty or a duty of confidence), is considered a criminal offence, gives rise to civil liability, or is in breach of any applicable law of, infringes the rights (including intellectual property rights) of any third party in, any country in the world, or which involves any act which could be viewed as fraudulent or malicious (including, but not limited to any form of hacking, the distribution of harmful or malicious software, data or code or any act which constitutes an offence under the Computer Misuse Act 1990);
impersonate, or misrepresent your identity or affiliation with, any person or entity or give the impression that App Content emanates from any other person if this is not the case;
display any material provided as part of the Services (including App Content) in a context which might alter its meaning either expressly (such as through the use of subtitles, captioning or dubbing) or by implication (such as placing material in an unsuitable context) so that such material might be considered offensive, unlawful, defamatory or an infringement of the rights (including intellectual property rights) of any person;
act in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users or attempt to disassemble, reverse engineer or decompile any part of the App or the Services or any of our systems;
archive any App Content;
create a frame or any other browser or border environment around our website, App or the App Content, or frame or display the Services in such a way that they appear on the same page as any third party services;
edit, revise, amend, obscure, remove, distort or otherwise alter the size, appearance or meaning of our logo or any other mark, image or any other material provided as part of the Services (including App Content) in which we and/or any of our licensors or Music Service Providers have any proprietary rights or interests (including intellectual property rights);
use, reproduce or infringe our rights or those of any third-party (including our licensors and Music Service Providers) except, in the case of use or reproduction, where the right to such use or reproduction is expressly permitted by us within the EULA; or
collect or harvest any information or data, attempt to create any form of database using the App Content, or attempt to decipher any transmissions to or from our servers.

The App Content may not comply with this section 10 of these Terms of Use, and you understand that you may encounter App Content which is inconsistent with the Acceptable Use Policy above. You accept and agree that we do not actively monitor App Content and that use of the Services is at your own risk.
When we consider that a breach of this Acceptable Use Policy has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the EULA, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use the Services and the App;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities or other competent authority as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We will deal with any User who, in our opinion, has breached the terms of the EULA as described in section 10.4 of these Terms of Use. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

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Data Protection, Privacy and Cookies

Your use of the Services will generate data which we may collect and process. The data we collect and the way in which we process it is explained in more detail by our Privacy Policy which can be accessed here https://www.playce.app.privacy. By using the Services, you consent to the collection and use of data, including personal data on the terms set out in the Privacy Policy.
To improve the Services, we may install cookies on your device, and you consent to this by using the Services. More detail on the use of cookies can be found in our Privacy Policy.

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Intellectual Property

The Services and all App Content (including, but not limited to, words, images, audio, video, logos, graphics, content and other material) is our or our licensor’s or a Music Service Provider’s intellectual property and all our rights are fully reserved. All App Content are protected by copyright and all other applicable intellectual property right law in the UK and globally (through applicable international laws and treaties).
Subject to the terms of the EULA, no part of the App Content may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
You agree not to infringe any rights of any third party including any Music Service Provider.

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Third-Party Websites

Links to third-party websites are neither reviewed nor controlled by us and we are not responsible for such third-party websites, their security, content or availability. We do not endorse or make any representations about such websites, or any material contained therein, or the consequences of visiting them.
You agree that accessing any third party websites (including, but not limited to, those linked to via the App and / or the App) is done entirely at your own risk and without any liability to us.

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LIABILITY AND INDEMNITY

Nothing in the EULA shall purport or serve to limit or exclude liability for: (i) death or personal injury resulting from negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited by applicable law. Your normal rights as a consumer are not affected.
You agree that, subject to section 14.1 above, we shall not be liable or responsible for any loss, damage or other liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, which arises out of or in connection with any of the following:

unavailability or unreliability of the Services or any other streamed data for any reason;
any inability to access or use any Music Service Provider for any reason;
any dispute between the Users in connection with the use of the Services;
the conduct of Users in connection with the use of the Services and in any relationship between Users;
the use of, or inability to use, the Services;
the entering into or termination of the EULA;
our suspension of, or other action we take with respect to, a User’s account or breach of the EULA;
any content;
use of or reliance on any App Content;
loss or corruption of data, information or software;
any indirect or consequential loss or damage; or
any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material which results from your use or access of the Services or any third-party content accessed directly or indirectly as a result of your use of the Services.

You agree that, subject to sections 14.1 and 14.2 above, our total aggregate liability for any loss, damage or other liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the EULA (including our provision, and your use, of the App and the Services) shall in all circumstances be limited to £40,000 (forty thousand pounds, GBP). Your rights as a consumer are not affected.
All implied warranties, conditions or other terms (whether implied by statute or otherwise) shall be excluded from the EULA to the extent permitted by law. Your rights as a consumer are not affected.
You agree to indemnify us and keep us fully indemnified and held harmless, at your own expense, against any claims, losses, damages, costs, fines, monetary penalties or expenses and other liabilities (including legal fees) suffered or incurred by, awarded against or agreed to be paid by us as a result of any breach of your obligations under the EULA.

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General

We may transfer or assign our rights and obligations under the EULA without affecting your rights and obligations.
Unless we expressly state otherwise, where we refer to the words ‘include’ or ‘including’ in the EULA, such words are illustrative only and any terms which follow them shall not be viewed as exhaustive or otherwise limiting the EULA.
If we fail to require you to perform any of your obligations under the EULA or fail to enforce any of our rights against you, such a failure shall not constitute a waiver of our rights, nor shall it release you from any such obligations. Any waiver by us of our rights or of your obligations shall only be valid if we provide you with written notice of such a waiver.
You may not use, export or re-export the App Content in breach of the EULA, applicable law or for illegal or immoral purposes.
If any part of the EULA becomes illegal, void or otherwise unenforceable, it shall be modified to the extent necessary to make it enforceable whilst retaining the parties’ original intentions. If such modification is not possible such part shall be deleted without affecting the remainder of the EULA.
Subject to section 6 of these Terms of Use, no third-parties shall be entitled to enforce any part of the EULA and to this extent the Contracts (Rights of Third Parties) Act 1999 shall be excluded.
Use of the Services may be subject to local law in your current jurisdiction. The terms of the EULA shall at all times be governed by and construed in accordance with English law. Any dispute (including non-contractual disputes and claims) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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Contact us

In the event you have any questions, comments or complaints about the Services, you can contact us by email to the email address listed above at paragraph 1.3.

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