The expressions referred to below shall be defined as follows:
By creating the User Account, you agree to be bound by this T&C to access the Service.
By creating a User Account to access the Service, you agree to be bound by this T&C and for this T&C to constitute a legally binding agreement between the Parties. You may access the Service by subscribing to any of these User Accounts:
Free Service: an ad-based and free-of-charge service for a duration of fourteen (14) days or such other period as we may prescribe;
Premium Service: an ad-free, fee-based service which enables you to listen to music while unconnected to the internet, among other features.
Your subscription, which may start with a fourteen (14) day specified period or such other period as we may prescribe (a “Trial”) will automatically renew for a fee on a monthly or annual basis (as specified during your sign-up) unless you cancel your subscription.
By creating a User Account, you agree to be bound by this T&C and for this T&C to constitute a legally binding agreement between the Parties. If you do not agree with these terms, you may terminate the Agreement by ceasing to use the Service. You also understand and agree that you shall be subject to any modifications, additional terms of use, guidelines or rules that apply when you use certain services within or connected to the Service.
You agree to keep any information regarding your User Account information with all confidentiality and will notify the Company in the event that your account is compromised.
The Company reserves the right to modify or vary the terms of this Agreement without giving you prior notification, and you agree that such modification shall become effective immediately once it is posted on the Platform. You agree that you shall be responsible for monitoring any updates to the T&C for any changes and your continued use of the Service following a modification to this Agreement indicates your acceptance of the Agreement. If you are dissatisfied with the Service, your sole remedy is to discontinue use of the Service.
In order to use the Service or access any Content, you must:
By opening a User Account, you represent that you are an adult or have obtained the consent of either your parent or guardian and have the legal capacity to enter a agreement in the jurisdiction where you reside. In the case of a minor, the consenting parent or guardian will be responsible for the conduct of the minor.
You agree to use our Service, including all associated features and functionalities in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions relating to the use of the Service or Content.
Your use of the Content is not an assignment or licence of our rights or any third party rights to the Content which are protected by copyright under both Nigerian and foreign laws. The Content is made available to you only for your personal use as expressly permitted by this T&C.
You agree that in your use of the Service, you shall adhere to the following restrictions:
Payments for subscription to any user plan shall be made through any method of payment provided on the Platform from time to time. The duration and cost of subscription for any user plan is set by us at our sole discretion. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your initial agreement to subscribe. If the subscription fee increases later, we will provide you with notice before the end of the billing period in which the change is made. Any increase in VAT (Value Added Tax) or other applicable tax will be automatically and immediately included on the subscription fee starting from the next applicable subscription period. If you do not accept the change to the subscription fee, you will be entitled to terminate this agreement at least seventy-two (72) hours before your current subscription expires, should you fail to do so, you will be taken to have agreed to the new subscription fee.
The subscription fee must be paid in a single upfront payment. All payments shall be made to our designated account.
You agree that subscription becomes effective once payment has been made and a request for refund will not be accepted or processed.
If you have a paid subscription, your subscription for the Service will be renewed automatically at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. Renewal will be for the same duration of the original subscription term and will be billed at the non-discounted rate of the subscription, according to your original billing cycle method.
You agree that your subscription will be subject to the above described automatic renewal unless you cancel your subscription in accordance with the terms of this Agreement or except you subscribe using a non-recurring payment method which would require you to manually renew your subscription. You also agree that the subsequent amount billed may be different if your original subscription was purchased using a promotional or trial offer. You agree that you are responsible for other charges, including any foreign transaction charges, that may be imposed by credit card providers, payment processors or other third parties in connection with your use of the subscription. Your subscription will remain in effect and continue to renew automatically until it is cancelled.
If you decide to cancel your subscription, the cancellation will take effect the day after the last day of the current subscription period. If the request is made at least seventy-two (72) hours prior to the expiration of your current subscription period, your Account will be suspended until you renew your subscription.
We may change the fee for the paid subscriptions from time to time and will communicate any price changes to you. Changes to the fees for paid subscriptions will take effect at the start of the next subscription circle following the date of the fee change. By continuing to use the Service after the fee change takes effect, you accept the new price.
This Agreement is not intended to give rights to anyone except you and the Company. This however does not affect our right to transfer our rights or obligations to a third party.
The validity, construction and performance of this Agreement shall be governed by the laws of the Federal Republic of Nigeria.
The Parties agree to use their best endeavour to amicably settle any dispute or difference of opinion arising from or in connection with this Agreement. Where the Parties are unable to resolve any and all disputes, the dispute or difference of opinion shall be settled before a court of competent jurisdiction in the Federal Republic Nigeria.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action or proceeding. Reliefs may be awarded (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. Any relief awarded cannot affect other users of the Service.
Each party will be individually responsible for all costs and fees incurred in connection with the dispute, including without limitation, all attorneys’ fees, unless recoverable under applicable law.
In the event that the court determines the claim(s) you assert to be frivolous, you agree to reimburse us for all fees and costs we incur.
These terms will continue to apply until terminated by either you or the Company. We may terminate this T&C or suspend your access to the Service at any time without any notice, responsibility or liability to you in the event of your actual or suspected unauthorized use of the Service or non-compliance with the T&C. If either of us terminates the T&C or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you, to the fullest extent permitted under applicable laws and we will not refund any amounts that you have already paid. The Company may terminate this T&C and close your account at any time without notice to you, if we cease to provide the Service.
To learn how to terminate your User Account, please contact us through the Customer Service contact form at enquiries@ayomusicapp.com.
You understand and agree that the SERVICE IS PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES AND OR REPRESENTATIONS INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We also fully reserve the right to change the functionality and Content offered under the Service on an on-going basis. We make no warranties or representations about the Service, including but not limited to its accuracy, reliability, completeness, efficacy or timeliness. We shall not be subject to any liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions or for any delays or interruptions of the data or information streamed from the Platform. You agree that your use of the Service is at your own risk.
In addition, we do not warrant, endorse, guarantee or assume responsibility for any third-party applications, third party content, user content, or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any form of advertising. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers of third-party platforms or products or services advertised on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you shall constitute any warranty any behalf in this regard.
You accept that technical problems such as temporary non-availability of any part of the Service or short-term unavailability of the whole Service itself must be expected and shall not constitute breach of this Agreement. We do not warrant that the Service will operate error-free or that the Service, its server, or the Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. We reserve the right to add or remove support for specific devices. If your access or use of the Service or Content results in the need for servicing or replacing equipment or data, we shall not be responsible for the cost.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Service, the third-party applications or the third-party application content is to stop using our Service, the third-party applications or the third-party content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF ANY LEGAL THEORY, WARRANTY, CONTRACT, TORT, WITHOUT REGARD TO WHETHER WE HAVE WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY DOES NOT MEET ITS ESSENTIAL PURPOSE;
THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD-PARTY CONTENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE PERIOD OF THREE MONTHS PRECEDING THE CLAIM(S).
You are solely responsible for your use of the Service and to the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold the us harmless from and against all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from:
We shall provide you with notice of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Should any provision of this T&C be found to be invalid or unenforceable for any reason or to any extent by any court of competent jurisdiction, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this T&C. The application of that provision shall be enforced to the extent permitted by law unless such deletion materially frustrates the intent of the parties, in which case this T&C will terminate.
Our failure to act on or enforce any provision of this T&C shall not be construed as a waiver of that provision or any other provision in this T&C. No waiver shall be effective against the us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
We intend to rely on this T&C (including the Privacy Policy, and any notices regarding the Services sent to you or posted on the Services).
