Terms and conditions for listeners
Last updated: June 2021
These terms and conditions of use (hereinafter “T&Cs”) are entered into between you as the user (hereinafter “User” or “you”) and Fairmus Technologies OÜ (a company incorporated under Estonian law, whose registered office is located at Tatari tn 5-11, Tallinn 10116, Estonia, registry code 16115366) as the service provider (hereinafter “Fairmus”, “us” or “we”), and govern your use of the Fairmus music streaming platform accessible at www.fairmus.com and via mobile application Fairmus (hereinafter “Fairmus Platform”).
The purpose of these T&Cs is to define the terms and conditions according to which Fairmus enables you to use certain personalised services with features and functionalities for streaming music and/or accessing content created by various artists which are made available through Fairmus Platform (hereinafter the “Services”). Fairmus permits you to use the Services, i.e. access the Fairmus Platform and stream the content thereof (i.e. listen to uploaded music) only for your own personal, non-commercial use (hereinafter “Permitted Use”).
To be able to access the Services, you are required to either activate a free trial period (hereinafter “Fairmus Trial”) or a paid subscription (hereinafter “Fairmus Subscription”). After the end of Fairmus Trial subscription period, you can continue accessing the Services only on the basis of Fairmus Subscription. Unless you cancel or withdraw from your use of the Services before the end of Fairmus Trial subscription period, Fairmus Trial extends automatically to Fairmus Subscription.
By activating Fairmus Trial or Fairmus Subscription to access the Services through the Fairmus Platform, you confirm that:
- You have reached the age of 18 years or you have the permission of your parent or legal guardian to use the Services;
- You have the power to enter into a binding contract with us and are in no way prohibited from doing so under any applicable laws, and
- You will use the Fairmus Subscription in accordance with these T&Cs and applicable legal and/or regulatory provisions.
Fairmus reserves the right to unilaterally modify and update the T&Cs at any time, provided that the modifications and updates are required based on justified reasons (e.g. change in applicable laws, reasonable business interests of Fairmus, improving the existing features, etc.), it being specified that any change relating to the said T&Cs will be published on this page. We will notify you of any material modifications and updates in the T&Cs by sending respective notice to you via your personal user account on the Fairmus Platform or e-mail which you have provided for us.
Activation of Fairmus Trial and/or Fairmus Subscription
To activate Fairmus Trial or Fairmus Subscription, you will be required to provide your payment details. By providing payment details you agree that we may begin charging you for the Fairmus Subscription starting from the first day following the end of the Fairmus Trial subscription period, or in case Fairmus Trial is not used, from the first day of activating the Fairmus Subscription, on a recurring monthly basis. The information provided on the Fairmus Platform prior to activating Fairmus Trial or Fairmus Subscription includes information on charging terms and all potential fees applied by Fairmus, as well as the applicable interest rate on late payments. To be able to complete the activation, you are required to provide certain activation data, including your name and e-mail address, and select a password. Activating Fairmus Trial or Fairmus Subscription results in automatic creation of a personal user account through which you are able to access the Services. By activating the Fairmus Trial or Fairmus Subscription, you accept and agree to these T&Cs which will, from that moment on, become binding to you.
Renewal, cancellation and charging of Fairmus Subscription
Your use of the Services through Fairmus Platform is renewed automatically at the end of each applicable subscription period (7 calendar days for Fairmus Trial, 1 calendar month for Fairmus Subscription, unless specified otherwise). Fairmus Trial subscription period renews automatically to Fairmus Subscription and Fairmus Subscription renews automatically for another subscription period of Fairmus Subscription.
Fairmus will automatically charge you a fee for the Fairmus Subscription each month pursuant to the charging rate indicated on the Fairmus Platform. Fairmus reserves the right to change the charging rate of Fairmus Subscription. Such changes will be notified to you via your personal user account on the Fairmus Platform or e-mail which you have provided for us, and will take effect at the start of the next subscription period following the date of the changes, unless specified otherwise. Your continuous use of the Services after the change in charging rate takes effect is considered as acceptance of the changed charging rate. If you do not agree with the change in the charging rate, you have the right to reject the change by exercising your right of cancellation or withdrawal before the change takes effect.
You will be charged each month on the calendar day you activated your Fairmus Subscription, until you exercise your right of cancellation or withdrawal or your Fairmus Subscription is otherwise terminated pursuant to these T&Cs. In such cases, your Fairmus Subscription will not be renewed and Fairmus will not charge you further.
You may cancel your Fairmus Subscription at any time. The cancellation will take effect on the day after the last day of the valid subscription period. Fairmus does not provide refunds or credits for any partial subscription periods.
Using Fairmus Subscription
Fairmus Subscription grants you a limited, non-exclusive and revocable permission to access the Fairmus Platform and use the Services for as long as your Fairmus Subscription remains valid. You may access the Fairmus Platform by logging into your personal user account on the Fairmus Platform with your e-mail address and password. You will then have the possibility to use the Services of your choice listed on the Fairmus Platform.
Your Fairmus Subscription is strictly personal. You are not allowed to permit anyone to access Fairmus Paltform and/or use the Services under your Fairmus Subscription or via your personal user account. You are also responsible for keeping your activation data confidential and for the actions that are carried out under your login.
You are entitled to use the Services only for your own personal, non-commercial use. Commercial use of the Services may be permitted in exceptional cases under separate agreements with Fairmus.
Management of Fairmus Platform
Fairmus Platform is accessible online, 7 days a week, 24 hours a day, except in cases of a Force Majeure Event, scheduled or unscheduled interruptions that may result from a need for maintenance. For the purposes of these T&Cs a “Force Majeure Event” is defined as the occurrence of any unforeseen circumstance without any fault on party’s part or beyond party’s reasonable control, including, without limitation, Internet outages, communications outages, issues and problems relating to information technology, fire, flood or war.
Fairmus reserves the right at any time to suspend, interrupt or limit access to all or part of the Fairmus Platform for any reason whatsoever and in particular for maintenance or updating purposes or in the event of an attack on the Fairmus Platform.
The existence of a hypertext link to a third party webpage on the Fairmus Platform referring to another site (for example, the site of an artist) does not imply a validation of legality of this third party webpage or any of its content by Fairmus. Fairmus Platform may be also integrated with third party applications and/or devices. In this respect, the Fairmus Platform and the third party webpages, applications and devices are strictly independent and you are responsible for complying with all relevant terms and conditions associated with any third party webpages and applications. You agree that Fairmus is not liable for the content,features or functionalities of any third party webpages and applications or devices.
Ownership of the properties
Fairmus Platform, trademarks, logos and any other distinctive signs and any software used or included on the Fairmus Platform, as well as the content (including, but not limited to, any texts, audio or video clips, editorial content, photographs or any other information in any format and of any nature whatsoever appearing on the Fairmus Platform) (hereinafter “Properties“) are the exclusive property of Fairmus, Fairmus’ licensors or third parties having authorised them to use said content.
The Properties may be protected by copyright, trademark, patent or any other intellectual property rights. Information (including the Properties) published on the Fairmus Platform may under no circumstances be used for commercial or advertising purposes, or for any other purposes not expressly permitted under these T&Cs.
Your use of the Properties is limited to the Permitted Use (as defined above) of the Services. Any other use of the Properties is strictly prohibited. For avoidance of any doubt, this includes the prohibition to extract, reuse, transfer, record, broadcast, market, distribute, modifiy, adapt, translate or reproduce all or part of the elements (including the Properties) of the Fairmus Platform or content thereof without prior and express written authorisation from Fairmus. Failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability.
Right of withdrawal
You have the right to withdraw from your Fairmus Subscription without giving any reason within 14 days from the day on which your Fairmus Subscription was activated (or in case you used Fairmus Trial, from the day on which your Fairmus Trial was activated). Provided that you exercise the right of withdrawal, you cannot access the Services pursuant to these T&Cs and Fairmus will not charge you further. The withdrawal period will expire after 14 days from the day on which your Fairmus Subscription was activated (or in case you used Fairmus Trial, from the day on which your Fairmus Trial was activated). We will refund the fee charged by Fairmus provided that you have not used any Services during those 14 days. To exercise the right of withdrawal, you must inform us (Tatari tn 5-11, Tallinn 10116, Estonia or e-mail address: info [at] fairmus.com) of your decision to withdraw from Fairmus Subscription by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from Fairmus Subscription, we shall reimburse to you the payment received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from Fairmus Subscription. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
Fairmus Platform and Services are provided on “as is” and “as available” basis, without any express or implied warranty or representation of any kind. Fairmus and Fairmus’ licensors make no representations or warranties on satisfactory quality or fitness for a particular purpose of the Fairmus Platform or the Services or non-infringement of third party rights. Fairmus will not assume responsibility for any third party content available through the use of Fairmus Platform or Services.
The use of the Fairmus Platform is at your own risk. Thus, Fairmus cannot be held responsible for any malicious program that may infect the your computer or mobile equipment or any other hardware or software, nor for any loss or alteration of data resulting from the use of the Fairmus Platform. It is your responsibility to take all appropriate measures to protect your data, computer systems or software from contamination by possible viruses, trojan horses or, more generally, any computer programs that could compromise the security of the digital platform.
Subject to the applicable legal and/or regulatory provisions, Fairmus cannot be held responsible for any direct or indirect damage linked to the use or the impossibility of using the Fairmus Platform and more generally, for any event linked to the Fairmus Platform such as, in particular, technical failures, breakdowns, interruptions, modifications to the Fairmus Platform.
You are hereby kindly reminded that you remain solely responsible for the data you communicate to Fairmus. Under no circumstances can Fairmus be held liable in case of error, omission or imprecision of the information that you have communicated. In particular, you are solely responsible for protecting the access credentials to your account such as your e-mail address and password or your Fairmus Subscription. You are solely responsible for maintaining the confidentiality of your Fairmus Platform account details.
To the fullest extent permitted by the applicable law, the liability of Fairmus is limited to the aggregate amount of subscription fees paid by you during the period of 1 year before the event giving rise to the liability of Fairmus took place.
Nothing in these T&Cs limit or exclude the liability of Fairmus if such liability cannot be limited or excluded under applicable legal and/or regulatory provisions.
You agree to indemnify and hold Fairmus harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to your breach of these T&Cs, your violation of any applicable legal and/or regulatory provisions, or any rights of third parties.
Fairmus reserves the right to deactivate your purchased Fairmus Subscription (without prior notice and any compensation or reimbursement) if you fail to comply with any of the obligations arising from these T&Cs, in particular if you provide false, inaccurate or incomplete information. You are responsible for updating the activation data and payment details as necessary.
Fairmus may offer special promotions and additional features which will be subject to additional terms and conditions provided on the Fairmus Platform. Fairmus reserves the right to unilaterally modify and update the special promotions and additional features at any time.
Neither Fairmus nor you will be liable in any amount for failure to perform any obligation under these T&Cs as the result of a Force Majeure Event.
Our failure to exercise or enforce any provision or right of these T&Cs on one occasion does not mean that and will not prevent us from enforcing on subsequent occasions.
If any provision of these T&Cs is held to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions or T&Cs.
The relevant courts of Estonia will have jurisdiction in relation to these T&Cs, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The relevant law of Estonia will apply to these T&Cs.