Terms of Service

Intro

These terms of service ('ToS') govern your access to and use of the services ('Services') provided by Viberate through its website Viberate.com or other communication platforms (such as mobile apps), including, but not limited to Viberate platform and Viberate API. Viberate.com is owned and operated by Viberate, d.o.o. ('Viberate'). The Services may only be accessed in accordance with these ToS and Viberate’s Privacy Policy. Any violation of these ToS may be enforced by Viberate to the fullest extent allowed by law.

By accessing the Services, you represent and warrant that you have the right, authority, and capacity to use our Services and to abide by all of the terms and conditions herein. Access to and use of the Services is prohibited to persons under 16. If you are an individual using the Services on behalf of an entity, you represent and warrant that you have all necessary right and authority to bind such entity to the terms and conditions of these ToS. By accessing the Services, you agree to be bound by these ToS.

These ToS may be changed, revised or amended by Viberate at its own discretion. If material changes to the ToS are made, they will be posted on Viberate.com under the section 'Terms of Service' and effective upon posting. It is your sole responsibility to be aware of changes to the ToS. Your continued access to or use of the Services thereafter shall constitute your acceptance of the amended ToS. You are advised to periodically visit this page to review the current ToS.

Accounts

To be eligible to use certain Service features, you must create a user account ('Account'). To create an Account, you must complete the registration process by providing the information requested on the registration form. You are responsible for ensuring that any information provided is current and accurate. Viberate is not responsible for any loss of communication resulting from the omission of providing accurate contact information. Should Viberate suspect that any information you provide is not accurate, Viberate has the right to suspend or terminate your use of the Services. You are authorized to register one Account. If registration and/or usage of multiple Accounts is detected, you will be permanently precluded from using the Services. You are fully responsible for any activity that occurs under your Account, thus you should create a secure password and protect the Account from unauthorized access.

Licence to Your Data

In connection with your use of the Services, you may provide us with data regarding yourself (if you are an artist) or other entities you represent ('Data'). By doing so, you hereby grant Viberate, its affiliates and sublicensees, an unlimited, non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable right to reproduce, distribute, transmit, communicate to the public, perform and display, edit, modify, adapt, create derivative works from and otherwise use such Data, with or without attribution, in any format or media now known or hereafter developed, on, or in connection with, the Services, or any of Viberate’s other products or services, as well as the right to use your Data for the purposes of promoting, optimizing, validating, enhancing, supplementing and improving the Services and Viberate’s related products or services. If you claim your Viberate page or you claim a page of an entity you represent, you acknowledge all Data on the page is correct, and you thus grant us the above-mentioned license. You agree not to provide us any Data that you know is false or inaccurate, or otherwise intended to disrupt or falsely skew our data or the Services, and you acknowledge and agree that we have no obligation to use the Data that you have provided, nor confirm its validity or otherwise verify its accuracy. You represent and warrant that you have all necessary right and authority to provide the Data. You will defend, indemnify and hold Viberate, its affiliates and sublicensees harmless from and against any claims resulting from any Data you provide hereunder, or from your use of the Services.

While Viberate uses reasonable efforts to provide accurate and up-to-date information, Viberate makes no warranties or representations as to its accuracy. Viberate assumes no liability or responsibility for any errors or representations made in the Services. Viberate has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on Viberate.com, including Data that has been provided by users.

License to your Submissions

Viberate.com may contain areas where you can post information and materials, including, without limitation, text, images and photographs (“Submission”). For each Submission that you post, you hereby grant Viberate, its affiliates and sublicensees an unlimited, non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to reproduce, distribute, transmit, communicate to the public, perform and display, edit, modify, adapt, create derivative works from and otherwise use such Submission, with or without attribution, in any format or media now known or hereafter developed, on, or in connection with, the Services, or any of Viberate’s products or services, as well as the right to use your Submission for the purposes of promoting, optimizing, validating, enhancing, supplementing and improving the Services and Viberate’s related products or services. Furthermore, you grant Viberate, its affiliates, and sublicensees the right to use your name and/or likeness in connection with the Submission. You agree not to provide us any Submission that you know is false or inaccurate, or otherwise intended to disrupt or falsely skew our data or the Services, and you acknowledge and agree that we have no obligation to use the Submission that you have provided, nor confirm its validity or otherwise verify its accuracy. You represent and warrant that you have all necessary right and authority to provide the Submission. You will defend, indemnify and hold Viberate, its affiliates and sublicensees harmless from and against any claims resulting from any Submission you provide hereunder, or from your use of the Services.

Use of Services

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Viberate. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not modify, reverse engineer, decompile, or disassemble any software programs contained in the Services, and will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree not to create any derivative works from the Services, apart from the software created by the use of Viberate API, in which case such software shall not be in any way, directly or indirectly, competitive to the Services. You agree that you are solely responsible (and that Viberate has no responsibility to you, or to any third party) for any breach of your obligations under these ToS and for the consequences (including any loss or damage, which Viberate or any third party may suffer) of any such breach.

You shall not transmit to or upload to Viberate.com any software that is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication. Furthermore, you shall not use or misappropriate the data on Viberate.com for your own commercial gain.

Viberate reserves all rights not specifically granted herein. Any derivative use of Viberate.com or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of Viberate.com, or any materials contained therein.

Viberate.com may contain links to other sites on the Internet which are owned and operated by third parties. You acknowledge that Viberate shall not be held responsible for the availability of, or the materials located on, or through, any such sites. You acknowledge that by accessing Viberate.com, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Viberate shall have no liability to you for such content. Viberate may retain and use information collected during your use of the Services, provided such information does not individually identify you.

3RD PARTY SERVICE PROVIDERS

Parts of our Services are provided by third-party providers and thus subjected to their own terms of service. By accessing and using features provided by third-party providers, you agree to their respective terms of services. You are advised to read through them carefully before using any such feature provided to you by a third party.

3RD PARTY API SERVICES

To make our features as comprehensive as possible, we use third-party API services, including but not limited to YouTube Api Services. By accessing and using Services provided by Viberate, you agree to YouTube Terms of Service and Google Privacy Policy.

Access to services

While some of Viberate's features are free to all users, others are provided as part of our subscription plans. All subscription prices are displayed net of taxes. Features included in plans and their price are subject to change at Viberate's sole discretion. When purchasing a subscription plan, you will be subjected to the price and features published on https://viberate.com/ at the time of purchase. If the price changes during your billing cycle, such change will be reflected in the next billing cycle.

To buy a subscription plan, you need a registered Account. After selecting the subscription plan and billing cycle, you will be prompted to enter your invoicing details. Viberate assumes no responsibility for incorrect invoicing details, and will not be liable for any consequences arising out of such error. Failure to invoice you, or charge your payment method, will result in immediate termination of your subscription. Payment management is handled by a third-party provider, and you are advised to review its terms of use and privacy policy.

At our own discretion, we may enable either an opt-in trial where you can try out the product free of charge, or an opt-out trial during which you can cancel your subscription plan free of charge, for some of our products. You may start an opt-in free trial period without entering your invoicing details and payment method. To start an opt-out free trial period, you need to enter your invoicing details and payment method. An authorisation for the price of the subscription plan will be made to your payment method, but you won't be charged until the free trial period ends. If you don't cancel your subscription plan during the free trial period, you will be charged the subscription plan price on the day following the last day of your free trial period.

You can cancel the subscription plan free of charge in the Billing Settings section of My Viberate any time until the free trial period ends. Free trial period can only be used once.

Payments are payable in advance and are non-refundable. While some legislations provide a cooling off period for subscription services, the latter does not apply to services where the user can access and exploit the service in full before the end of the cooling off period. Furthermore, by performing certain actions such as following artists or tracks, exporting data, using our API, or other resource intensive actions, we incur costs that in the case of a refund, cannot be recouped. By accessing our services, you therefore explicitly waive the right to a refund during or after the cooling off period. If you believe you are still entitled to a refund despite the above-mentioned criteria, please submit your refund request for review via support@viberate.com. For the avoidance of doubt, any subscription renewals are non-refundable.

The day following the last day of your free trial period is the first day of your billing cycle. Unless previously terminated, subscription will auto-renew for the initial duration on the last day of your billing cycle. If you wish to terminate your subscription, you can do so in the Billing Settings section of My Viberate before the end of the current billing cycle. Your subscription will terminate at the end of the current billing cycle. Subscription cannot be terminated before the end of the current billing cycle, except in the case you want to upgrade your subscription plan.

Term

These ToS will remain in full force and effect while you use the Services and/or maintain an Account. You may deactivate your Account at any time. You acknowledge and agree that Viberate may stop (permanently or temporarily) providing the Services (or any features within the Services) to you, or to users in general, at Viberate’s sole discretion, and without prior notice. Viberate has the right to suspend or terminate your access to the Services, at any time, for any reason. You agree that Viberate will have no liability to you for any costs, losses, damages, or liabilities arising out of, or related to, the suspension, termination or denial of your access to, or use of, the Services. The provisions that by their nature are designed to survive the termination of your access to the Services, or the expiration of these ToS, shall survive such termination or expiration.

Warranty disclaimer

The Services are provided 'as-is' and 'as available' and Viberate expressly disclaims all warranties and conditions of any kind, whether express or implied. You understand and acknowledge that Services may not be exhaustive, and the analysis of the content is based on information provided by users and third-party data sources. Viberate does not guarantee and does not promise any specific results from the use of the Services. Viberate makes no warranty regarding the outcomes obtained or derived through the use of the Services, nor that the Services will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that Viberate is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings.

Limitation on Liability

Under no circumstances shall Viberate or its third party licensors be liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to loss of data or profit, arising from, or relating to, your use of, or inability to use, the Services under these ToS, even if Viberate has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy.

Indemnity

You agree to indemnify and hold Viberate, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of, or relating to: (a) your use of the Services (b) our use of the Data in accordance with the terms hereof, or (c) your breach of these ToS. These ToS and the Privacy Policy govern your use of the Services. You may not, by operation of law or otherwise, delegate or otherwise transfer your rights or obligations under these ToS to any third party without Viberate’s prior consent, and any attempt to do so will be void. If any provision of these ToS is held invalid, the remainder of these ToS shall continue in full force and effect. If any provision of these ToS is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible, under any applicable law, and the remaining provisions will continue in full force and effect. No failure or delay in enforcing any right, or exercising any provision, will be deemed a waiver of any right or provision.

Viberate.com may contain areas or Services, in which additional terms and conditions apply. For purposes of use of such areas, in the event of a conflict between the terms and conditions of such other areas, and these ToS, the terms and conditions of the other area shall prevail.

Copyright/Trademark Information

Copyright 2024, Viberate, d.o.o.. All rights reserved. The trademarks, logos and service marks displayed on the Services are our property, or may be the property of third parties. If you are interested in using our marks for any purpose, please contact info@viberate.com, to determine whether such use requires authorization.

Privacy policy

To understand how Viberate treats your personal information, please review our Privacy Policy.

Contact

For any questions or concerns regarding the use of the Services, please contact info@viberate.com and we’ll get back to you as soon as possible.