Last Modified: November 17, 2020
The following terms and conditions (these “Terms of Use”) govern your access to and use of the products and services offered by us, the Company’s website located at www.spiritune.com (the “Website”) and the Company’s mobile applications, including any content, functionality, and services offered on or through the Website or mobile applications (collectively the “Services”), whether as a guest or as a registered user. These Terms of Use are entered into by and between you and Spiritune, Inc. (“Company”, “we”, or “us”). If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and affiliates.
By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE REVIEW CAREFULLY.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING THE SERVICES OR LOGGING IN TO YOUR ACCOUNT, YOU ACCEPT THESE TERMS OF USE ON BEHALF OF YOURSELF AND ANY BUSINESS OR ORGANIZATION YOU REPRESENT (COLLECTIVELY, “YOU”).
YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW, (D) ARE NOT LOCATED IN THE UNITED STATES (E) YOU OR ANY PRINCIPALS, OFFICERS, DIRECTORS, OR ANY PERSON OR ENTITY YOU KNOW TO BE DIRECTLY INVOLVED WITH THE USE OF THE SERVICE IS DESIGNATED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PERSONS.
We may revise and update these Terms of Use 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 Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this each time you access the Services so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of the Services, to users, including registered users.
You are responsible for:
To access the Services or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
You agree that all information you provide to register with us or otherwise, including but not limited to through the use of any interactive features on the Services and data about you that is imported from third parties in connection with the Services, 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 the Services or portions of them 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. You also agree to ensure 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.
You agree that we may provide notices and messages to you within the Services or via the contact information you provided us.
We have the right to refuse service, close accounts of any users, change eligibility requirements, 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 Use.
The features and functionalities available on the Services are determined by the subscription tier you purchase and/or the specific terms agreed to between us and the organization (e.g., your employer or another entity or person, (the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).
You will only have access to certain aspects of the Services (such as our audio programs) while your subscription is active. You may have access to a free trial period in accordance with certain promotional offers. If your access is provided by one of our Customers, your use of and access to the Services is subject to the terms and conditions of the applicable Customer Agreement.
For individual Users, we offer monthly, annual and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes thirty (30) calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date the Company ceases to commercially offer the Services.
(a) Our “Monthly” subscription is paid upfront in monthly installments.
(b) Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals.
(c) Our “Lifetime” subscription is paid for by a one-off upfront payment.
You may terminate your account, subject to any contractual agreements, by emailing us at info@spiritune.com. If you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting “Manage App Subscriptions” in your iTunes Account settings and selecting the subscription you want to modify. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Regardless of your subscription type, we may terminate your account or suspend your access to the Services at any time, with or without cause. If we terminate your account without cause, and you purchased a pre-paid subscription account, we will refund a prorated portion of your monthly or annual prepayment. We will not refund or reimburse you in any other situation. Once your account is terminated for any reason, including after you have stopped paying for your subscription, you will no longer have access to the Services or the data associated with it, and we may permanently delete your account and all the data associated with it. You are solely responsible for maintaining back-ups of all data stored or otherwise available on the Services.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms of Service.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, Spiritune, the term Spiritune, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You represent and warrant that you either own or have permission to use all of the material, content, data, text, files, images, photos, video, sounds, communications, works of authorship, or any other materials, data or content and information (including your personal information) you upload, post, share, transmit, submit or otherwise make available via the Services, including data imported from Third Party Providers (as defined below) (“User Content”).
You understand and acknowledge that you are responsible for your own User Content, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You are solely responsible for User Content, its accuracy, and for the consequences of submitting or posting User Content. We are not responsible for, and we do not endorse, any User Content, and for the avoidance of doubt, we specifically disclaim any liability in connection therewith.
You retain ownership of the User Content that you upload to the Services. We do not claim any ownership rights to User Content. We do, however, require certain licenses from you, as set forth in these Terms of Use, in order to operate and enable the Services. For example, we need to be able to transmit, store and copy User Content in order to display it to you, to create backups to prevent data loss, and anything else we deem necessary to provide the Services. Your acceptance of the Terms of Use gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary.
We will not access, view, or listen to any User Content, except as set forth in the Terms of Use and as reasonably necessary to perform the Services. Although we have no obligation to monitor your User Content or your use of the Services, we may do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you. We may disclose any information necessary to satisfy our legal obligations, protect the Company, or operate the Services properly. The Company, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of the Terms of Use.
We reserve the right to modify, revise, suspend or discontinue any of the Services in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.
Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), the Services may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of the Services, whether scheduled or not. Where feasible, we will endeavor to provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
THE COMPANY IS A PROVIDER OF ONLINE AND MOBILE MUSIC CONTENT IN THE HEALTH AND WELLNESS SPACE. WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD OUR SERVICES BE CONSIDERED MEDICAL ADVICE. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN PROVIDE MEDICAL ADVICE AND SERVICES. THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE PRODUCTS PROVIDE A THERAPEUTIC BENEFIT. ANY HEALTH INFORMATION AND LINKS ON THE SERVICES IS PROVIDED SIMPLY FOR YOUR CONVENIENCE. ANY ADVICE, ARTICLES, OR OTHER MATERIALS ON THE SERVICES ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THEY ARE NOT INTENDED TO BE RELIED UPON AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR INDIVIDUAL CONDITION AND CIRCUMSTANCES. THE ADVICE AND OTHER MATERIALS WE MAKE AVAILABLE IS NOT INTENDED TO REPLACE THE ADVICE OF YOUR HEALTHCARE PROVIDERS. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS AS YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, OTHER MATERIALS AND INFORMATION PUBLISHED AS PART OF THE SERVICES.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You further agree not to:
Further, you may not import or upload any of the following information about third parties onto the Services: social security numbers, national insurance numbers, credit cards, passwords, security credentials, health information, or any other sensitive personal data.
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If you link your account to third party websites and applications (“Third-Party Accounts”), such as Facebook, you authorize us to access and use certain Third-Party Account information, including, but not limited to, your public profile and associated information. If your Third-Party Account becomes unavailable or our access to such account is terminated by the third-party service provider, then Third-Party Account content will no longer be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Facebook content or any other Third-Party Account content for any purpose, including but not limited to for accuracy, legality or non-infringement and we are not responsible for any Third-Party Account content. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
Written Notification. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at or via regular mail at the following address: 29 Little West 12th St, New York, NY 10001, or by email at info@spiritune.com.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICE OR ITEM OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Services, including, but not limited to, your User Content (including the contacts you upload onto the Services or connect or contact in any way in connection with the Services); any use of the Services other than as expressly authorized in these Terms of Use; your violation of any laws or regulations; any misrepresentations made by you; or a breach of any representations or warranties you’ve made to us.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: only as Commercial Items, with the same rights as all other end users, and
Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is Spiritune, Inc.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Notwithstanding the foregoing, if you are accessing the Services pursuant to a Customer Agreement, the Customer Agreement shall govern your use of the Services to the extent it conflicts with these Terms of Use or our Privacy Policy.
Spiritune is on a mission to reimagine music to help all people live healthier, happier lives. Music that works harder for your health.
