Terms and Conditions
Last updated: March 25, 2025
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
- Affiliate: means an entity that controls, is controlled by or is under common control with a party, where 'control' means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company: refers to Mellowsync.
- Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service: refers to the Website.
- Terms: mean these Terms and Conditions that form the entire agreement between You and the Company.
- Third-Party: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website: refers to Mellowsync, accessible from https://www.mellowsync.com
- You: means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of the Terms, then You may not access the Service. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by the use of such content or services.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill. The total liability of the Company shall not exceed the amount actually paid by You through the Service or 100 USD if You haven't made any purchases.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You 'AS IS' and 'AS AVAILABLE' with all faults and defects without warranty of any kind. The Company does not guarantee that the Service will meet Your requirements, operate without interruption, or be error-free. Some jurisdictions do not allow certain limitations, so these exclusions may not apply to You.
Governing Law
The laws of the State of Wyoming, United States (excluding its conflict of law rules), shall govern this Terms and Your use of the Service. You may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country subject to a U.S. government embargo or designated as a 'terrorist supporting' country, and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to achieve its objectives to the greatest extent possible, and the remaining provisions will remain in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or require performance under these Terms does not affect a party’s ability to exercise that right or require performance at any later time.
Translation Interpretation
These Terms and Conditions may have been translated. In case of conflict, the original English version shall prevail.
Changes to These Terms and Conditions
We may update these Terms from time to time. We will notify You of any changes by posting the new Terms on this page. You are advised to review these Terms periodically. Changes are effective when posted.
User-Generated Content
If You upload, submit or share any content through Our Service (such as text, images, audio), You retain ownership of your content. However, by submitting content, You grant Us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute it in connection with the Service.
Feedback and Suggestions
Any feedback or suggestions You provide to the Company may be used freely and without compensation. You waive all rights to such input.
Intellectual Property
All content on the Website—including text, images, music, trademarks, and logos—remains the exclusive property of the Company or its licensors. Nothing in these Terms grants You rights to use such materials without permission.
Third-Party Services: Jotform
We use Jotform, a third-party provider, to collect information through contact and playlist request forms. By using these forms, You agree to Jotform's terms and privacy policy.
Music Previews
The music previews available on Our Website are for demonstration purposes only. They may not be downloaded, copied, distributed, or used in any final production without an appropriate license agreement issued by the Company. Any unauthorized use of preview materials constitutes a breach of these Terms and may result in legal action.
Licensing Agreements
The use of any musical content provided by the Company, whether selected from our catalog or custom-created, requires a separate written licensing agreement. These Terms and Conditions govern the use of the Website and the communication process but do not constitute a license grant. Licensing terms, including usage rights and pricing, will be outlined in a formal agreement shared with You upon approval of a playlist or custom composition.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
By email: info@mellowsync.com