Terms and Conditions
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EVERAPPZ S.L. is the owner of apps like Evermusic, Evermusic Pro, Flacbox, and the Evertag app. These music players support various file types, and Evertag lets you edit audio tags for your files, all in accordance with the Terms and Conditions.
These Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the "Agreement") governs your access to and use of the website, apps, media players, software, products and services provided to you, now or in the future, through Evermusic, Evermusic Pro, Flacbox, Evertag, and related services (collectively, the "Services").
Please read the Terms of Service carefully before you start to use the Service as they set forth your legal rights and obligations. In particular these terms of service requires that you observe certain laws and regulations in all activities undertaken using the Service as discussed in detail below.
Some of our Services are offered free of charge, other services including Premium features are available only to paying customers. Your use of any of our Services will require registration, and acceptance of these terms and current published rates and terms will apply.
By using these Services, and by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service.
If you do not agree to these Terms of Service, Acceptable Use Policy or the Privacy Policy, you can’t have access or use this Service.
By using this Service, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this website and to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of the Service. If you do not agree to these Terms of Service, Acceptable Use Policy or the Privacy Policy, you can’t have access or use this Service.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Service so you are aware of any changes, as they are binding on you.
Accessing the Service and Account Security
We reserve the right to withdraw or amend this Service, and any features or functionality we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
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You are responsible for:
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Making all arrangements necessary for you to have access to the Service.
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Ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Service and comply with them.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. It is advisable that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
If you allow other authorized users (i.e. Family members) to access your data, in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the Services and ensuring they comply with these Terms or Service and all applicable laws in use of your account. Further, you agree to fully indemnify Company for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
Your Data
It is your responsibility to maintain the data stored by you on our service and observing all terms, policies and applicable laws in your use of these Services with regards to the data you store or handle.
We do not make any guarantees that there will be no loss of data or the services will be bug free. In the event you decide to terminate your use of these Services, you are completely responsible to remove all data promptly.
Your data stored on our service is subject to the Terms and policies you've agreed to. If you decide to discontinue using our services, be sure to retrieve your data promptly, as we reserve the right to delete it at our discretion.
When you upload data through our Services it may be accessed by devices or family users, which you have authorized. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the data.
You retain all of your ownership rights in your Content, or specifically warrant that you have permission to store or use the data in the manner you have chosen. We don’t claim any ownership in or to any of your Content.
For purposes expressly limited to providing the functionalities of this Service to hereby grant Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display data to carry out the functionalities you have chosen (i.e. storage, back-ups).
Intellectual Property Rights
These Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services or Company trademarks including but not limited to: Evermusic, Evermusic Pro, Flacbox, Evertag.
Further, any license to use these Services does not give you the right to use, reproduce or distribute any of our copyright, intellectual property or other rights other than for the purposes of using the services You are not allowed to, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile or use any of our copyright, intellectual property or other rights without getting our permission first in writing.
As discussed above, your use and storage of data and content, sharing between authorized devices and family users shall be complaint with all international intellectual property laws.
Company respects the copyright of others and requires that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
Acceptable Use Policy
You agree not to misuse the Services. The following list is not meant to be exhaustive, but is offered by way of illustration of prohibited uses. Users must not attempt to do the following:
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probe, scan, or test the vulnerability of any system or network;
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breach or otherwise circumvent any security or authentication measures;
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interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
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access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
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send unsolicited communications, promotions or advertisements, or spam;
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send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
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promote or advertise products or services other than your own without appropriate authorization;
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use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
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publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
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violate the law in any way including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
We may review your conduct for compliance with these Terms and other policies.
These Services are made available for authorized, permitted uses, which do not violate the rights of others.
Billing
Users will be automatically billed from the start date of their Paid Account according to then published rates, and on each periodic renewal until cancellation. Users are responsible for all applicable taxes.
You may cancel your Paid Account by providing us with notice in advance of a renewal period or by managing your subscription preferences.
Lifetime software license is limited to 10 years after the payment date.
It means that you’re guaranteed to get free upgrades during this period. If we decide to change the terms of the software usage in the future, it will be applied to new licenses only. In all cases, you’ll keep the lifetime license benefits.
However, your lifetime license ends automatically is case of the following:
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A receiver, trustee, administrator, or administrative receiver is appointed for tho or its property;
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EVERAPPZ S.L. makes an assignment for the benefit of creditors;
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Any proceedings should be commenced against EVERAPPZ S.L. under any bankruptcy, insolvency, or debtor’s relief law, and such proceedings is not vacated or set aside within 10 (ten) days from the date of commencement thereof;
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EVERAPPZ S.L. is liquidated or dissolved;
Payments and Refunds
Services provided by EVERAPPZ S.L. can be purchased through a third party, such as App Store. You can acquire our Products and Services for free or for a charge, either of which is referred to as a ’Transaction’. Each Transaction is an electronic contract between you and EVERAPPZ S.L., and/or you and the entity providing the Content on our Services.
Your payment to EVERAPPZ S.L. for the Subscription will automatically renew at the end of the subscription period unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.
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​Your App Store subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your subscriptions can be managed in your iTunes Account Settings after purchase is made. No cancellation of the current subscription is allowed during active subscription period.
We do not refund and cancel current subscriptions. All sales & discount prices are final and non-refundable. If you have any issues regarding our Premium service and subscription, please contact us at support@everappz.com. We will check each request individually and will do our best to solve the problem.
If you have purchased our Services through a third party, your transaction is also subject to the terms and conditions of the third party (e.g. Itunes Store Terms of Use).
Your EVERAPPZ S.L. purchases will be taxed using the applicable VAT tax rate for your country.
Termination
You’re free to stop using our Services at any time, refunds will not be disbursed for cancellations that are not received prior to the beginning of a renewal period.
We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We’ll of course provide you with notice via the email address associated with your account before we do so.
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DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NEITHER COMPANY NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER COMPANY NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES. NEITHER COMPANY NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT. FOR CLARITY, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
LIMITATION OF LIABILITY AND INDEMNITY BY YOU
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES COMPANY’S EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT.
DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.
Dispute Resolution
You agree to resolve any claims or disputes relating to these Terms or the Services through final and binding arbitration.
You can decline this agreement to arbitrate by submitting the opt-out email within 30 days of first accepting these Terms.
Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
Force Majeure
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.
These terms, our Privacy policy, the terms of any plan you purchase and any other provisions expressly referenced in these terms, together constitute the entire agreement between us relating to your use of the website and our services. They supersede and replace any prior agreement, arrangement or understanding between you and us regarding the Services.
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