Terms Of Use (EULA)
Date of last revision: July 25, 2023
This Terms of Use (hereinafter also "Agreement", "Terms", "Terms Of Service", "End User License Agreement") is a document that explains rights, obligations, and conditions between You ("You", "Your", "Client") and Lakeside Audio ("We", "Us"), related to Your use of the Services defined herein.
Definition of Terms
We provide a media processing and creation service.
"Apps" (also "Applications") are mobile applications available at the Apple App Store
(published by developer id xxxxx).
"GUI" is the graphical user interface of the Site or the App that allows User to interact
with them through visual indicators.
Our Privacy Policy is an integral part of the Agreement, located at https://www.vocalbeazz.de/privacy.html.
"Personal data" is information that identifies or can be used to identify, communicate or search for the person to whom such information relates.
"Site" is the website located at https://www.vocalbeazz.de and all its subdomains.
"Services" are the apps, site, and other services that state that they are offered under this Agreement, including the collection of data for those Services, such as our ads.
The date of the last revision is the date when this Agreement was updated.
Now, therefore, in consideration of the mutual covenants herein, intending to be legally bound, the Parties agree as follows:
1. Acceptance of Terms
The Agreement shall enter into full force as of the moment You install the Application and/or use Resources.
By using the Resources, You agree to be legally bound by the terms and conditions of this Agreement and Privacy Policy.
You irrevocably and unconditionally accept and adhere to this Agreement and confirm that You agree to be legally bound by
this Agreement without any limitations and exclusions. If You do not agree to any term of this Agreement or Privacy Policy,
You shall cease any use of Resources immediately.
2. Terms
2.1. vocalBeazz is the media processing service. We may be required by law to remove certain features, information, or content
in certain countries. We may change, suspend, or discontinue any of our Services.
2.2. You agree using our Service without violating the law nor anyone's rights including copyrights. You confirm that you own all of the content and that you own all the necessary licenses of the media to be entitled to process it. You take full responsibility for any copyright laws that may apply to the use of the Service or the output generated by it.
2.3. We do not promote or publish any user processed content which may be restricted due to copyrights, and we do not support sharing copy protected
materials.
2.4 We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except during planned downtime and for any unavailability caused by circumstances beyond Our reasonable control, including, for example, a Force Majeure Event.
2.5. vocalBeazz doesn’t provide a media storage service. You agree that We have no obligation to store, maintain or provide you a copy of any media or information that has been published by you or others. You have the right to store the processed media locally for private usage unless you have
all the licenses to publish it.
2.6. By submitting suggestions or other feedback regarding our Services, you agree that We can use and share (but does not have to) such feedback for any purpose without compensation to you.
3. Usage
3.1. We reserve the right to limit your use of the Services, including the number of your processing jobs. vocalBeazz reserves the right to restrict, suspend, or terminate the Service if you breach this Contract or the law or are misusing the Services.
3.2. You acknowledge and agree that We may impose a limit on the length, file size, and the number of media files you can process. We may change such limits at any time, at our sole discretion.
3.3. Our Services are intended for normal, reasonable personal or professional use. Our Services are not intended to be used for the bulk processing or commercial uses, such as operating a business where you use the Services to process an abnormally high number of tracks compared to the typical user. We will generally consider that your usage is abnormal or unreasonable if you process 10 tracks per day or more, or three hundred tracks per month across all our Services.
4. Intellectual Property
4.1. You acknowledge and explicitly agree that any other content available from Resources, including but not limited to musical works, phonograms, graphics, photographs, text, video, computer software, databases and any other works, trademarks, and other objects are protected by copyright, trademark and other laws and treaties, and may not be used in any manner other than as specified in this Agreement.
5. Payments
5.1 You may purchase a paid Subscription that unlocks certain features of the Services according to the specific plan.
5.2 We may change the price for the Subscriptions, including recurring subscription fees, the pre-paid period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change.
5.3 If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel at least 24 hours before the end of the current period.
5.4 You can manage your Subscription (including turning off) through the Settings app on your iPhone or iPad by following the instructions https://support.apple.com/kb/ht4098
6. Termination
You may terminate this Agreement at any time by uninstalling the App and ceasing to use Resources. We are entitled to immediately terminate this Agreement without any refunds and without giving any notice in advance in case of a material breach of the Agreement and/or any applicable laws or regulations by the Client.
7. Disclaimer of Warranties
Resources are provided without warranty of any kind including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement. We can not guarantee that the Resources provided under this Agreement will explicitly meet Your requirements.
8. Limitation of Liability
Resources are provided "as is" without any warranties unless otherwise specified in this Agreement.
To the maximum extent permitted by governing law, We exclude all warranties unless otherwise specified in this Agreement.
We shall not be liable for any loss or damage that may arise to You, including but not limited to any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation, and any loss that may arise from interruption of the business or any other type of loss or damage.
If a third person brings a claim against Us related to Your actions, You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
Each Party’s aggregate liability toward the other Party is limited by the total amount of fees that have already been paid or under this Agreement unless otherwise specified in this Agreement.
9. User Support
User support is provided only by e-mail webmaster@lakeside-audio.de and is offered only in German and English languages. We provide support within “5” working days.
10. External Sources
We shall be entitled to use third-party services to collect and analyze any non-personally identifiable information according to Privacy Policy.
These third-party services may use the aforementioned information to provide targeted advertisements.
11. Governing law and dispute resolution
All disputes and differences which may arise out of this Agreement or in connection with it shall be settled within an amicable way by negotiations when it is possible. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination, or enforceability (including non-contractual disputes or claims) shall be governed in accordance with German law.
If a court of law rules that any provision of this Agreement is invalid, then that provision shall be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
12. Miscellaneous
Neither Party is entitled to assign or transfer its rights or obligations under this Agreement without the other Party’s prior written consent.
Under no circumstances You shall:
13. Amendments
We may amend Terms of Service at our own discretion without any specific notice to You, and You agree to be bound by such amendments.
The latest version of these Terms of Service is always available at https://www.vocalbeazz.de/imprint.html.
You explicitly agree and acknowledge that We at our own discretion shall be entitled to impose limitations and restrictions on Your use of Resources in case of breach of this Agreement.
(c) Lakeside Audio 2023.