Tido Terms of Service (“Terms”)

Last updated: November 22, 2016

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy carefully. We hope you can read them in a comfortable environment. So, here we go …

1. Introductions

Thanks for choosing ‘Tido Music’ mobile application (the “Service”) operated by Tido UK Limited (“Tido”, “we”, “us”, “our”). By using the Tido service, websites or software applications (together, the ‘Tido Music’ app or Service), including purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with Tido UK Limited. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. If you don’t agree with these Terms, then please do not use the Service.

We’re pleased to make our service available to you. The Tido Service includes many fun and interactive features.

In order to use Tido Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in a country where the Service is available. You also warrant that any registration information that you submit to Tido is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Tido Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

3. Enjoying Tido Service

Here’s some information about the ways you can enjoy the Tido Music app.

Tido Music app account holders may access the Tido Service by subscribing to our ad-free, subscription fee-based service.

3.1 Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing address and your shipping information. We will never share any of your details with third-party applications.

3.2 Codes and other Limited Offers

If you have purchased a code sold by or on behalf of Tido for access to additional Services for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Tido (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or Limited Offer also apply to you access to the Service using the Code or Limited Offer

3.3 Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.

3.4 Trials

From time to time, we may offer trials of the Tido Service for a specified period without payment (a “Trial”). Tido reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

3.5 Payment Warranties

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Tido is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Tido cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

3.6 Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

4. Intellectual Property

The Tido Service permits you to store cached content on exactly one (1) personal computers, mobile handsets and/or other relevant devices (the “Device”) while your Tido Service subscription is active. You may not transfer copies of cached content to any other device via any means.

The Tido Service and the content provided through it are the property of Tido or Tido’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Tido Service and to receive the media content made available through the Tido Service in your Local Country, based on the Subscription or Trial, you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Tido.

The Tido software applications are licensed, not sold, to you, and Tido retains ownership of all copies of the Tido software applications even after installation on your Device. Tido may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sublicense your rights under this Licence, to any third party.

Copyright, trademark and other laws of both the United Kingdom and foreign countries protect the Service. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tido.

5. Third-Party Applications

Our Service may contain links to (“ Third-Party Applications”) websites or services that are not owned or controlled by Tido, and use of these Third Party applications is subject to their terms of use.
Tido has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tido shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the Terms and Conditions and Privacy Policies of any third party websites or services that you visit.

6. Consideration

In consideration for the rights granted to you under these Terms, you grant us the right to allow Tido Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of Service

7. User Guidelines

We’ve established a few ground rules for you to follow when using the Service, to make certain that Tido Music remains enjoyable for everyone. Please follow these rules and encourage other users to do the same.

Tido respects intellectual property rights and expects our users to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing or making available to the public any part of the Tido Service or content delivered to you via the Tido Music app or otherwise any making use of Tido Service which is not expressly permitted under these Terms; (b) using Tido Service to copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modifications or creating derivative works based on the Tido Service or any part thereof; (d) circumventing any technology used by Tido, its licensors or any third-party to
protect content made accessible through the Service; (e) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Tido Services

7.1 Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

8. Technology Limitations and Modifications

Tido will make reasonable efforts to keep the Tido Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Tido reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Tido Service with, or without notice, all without liability to you for any interruption, modification, or discontinuation of the Tido Service or provide all or any specific content through the Service.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Indemnification

You agree to defend, indemnify and hold harmless Tido and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

11. Limitation Of Liability

In no event shall Tido, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.

12. Warranty

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tido, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

13. Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Tido ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Tido or any person for whom Tido is responsible, and even if Tido has been advised of the possibility of such loss or damage being incurred.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

15. Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Thank you for reading our Terms. We hope you enjoy ‘Tido Music’