Affirmuse Terms Of Use

Effective Date: October 1, 2024

  1. Introduction

Please read these Terms of Use (“Terms”) carefully as they govern your use of Affirmuse’s personalized services, including music streaming with embedded affirmations, video courses, and downloadable content (collectively, the “Affirmuse Service”). By accessing or using the Affirmuse Service, you agree to these Terms. If you do not agree with these Terms, you must not use the Affirmuse Service.

These Terms include our Privacy Policy, our User Guidelines and any additional terms that may be presented to you while using the Affirmuse Service, all of which are incorporated into these Terms by reference.

Service Provider:
These Terms are between you and Affirmuse LLC, located in the USA.

  1. Eligibility and Access

By using the Affirmuse Service, you affirm that you are 18 years or older or have obtained parental or guardian consent if you are between 13 and 18 years old. You also affirm that any registration and account information provided is accurate and will be kept up to date.

  1. The Affirmuse Service

Affirmuse Service Offerings:
We provide music streaming, video courses, and downloadable content, with some options available for free and others requiring payment (“Paid Subscriptions”). We may also offer promotional plans or services from time to time.

Service Modifications and Limitations:
We make reasonable efforts to keep the Affirmuse Service operational and to provide you with a high-quality affirmation audio experience. However, Affirmuse LLC reserves the right to change our service offerings and their availability from time to time, without prior notice or liability to you. For example:

  • The Affirmuse Service may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates, including those necessary to comply with changes in relevant laws and regulatory requirements.
  • We are continually working to enhance and improve the Affirmuse Service, and we may modify, suspend, or discontinue (permanently or temporarily) any part of the Service, including specific features, subscription plans, or promotional offerings.
  • Affirmuse LLC is not obligated to provide any specific content through the Service, and we may remove particular songs, videos, or other content without notice.

Affirmuse LLC has no liability to you and no obligation to provide a refund in connection with any internet outages or service interruptions caused by government actions, third-party actions, or events beyond our control.

 

  1. Your Use of the Affirmuse Service

Account Creation:
You may need to create an account to access certain parts of the Affirmuse Service. Your account details, including username and password, are for your personal use only. You are responsible for maintaining the confidentiality of your account information and all activities under your account.

Rights Granted:
Access to the Affirmuse Service:
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant you a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Affirmuse Service and its content (collectively, “Access”). This Access remains in effect unless and until terminated by you or Affirmuse LLC. You agree not to redistribute or transfer any part of the Affirmuse Service or its content. If you wish to use the Affirmuse Service for commercial purposes, please refer to Section 10 (Commercial Use) for the specific terms and conditions that apply.

Licensing of Content:
The Affirmuse software applications and content are licensed, not sold or transferred to you. Affirmuse LLC and its licensors retain ownership of all copies of the Affirmuse software applications and content, even after they have been installed on your devices.

Intellectual Property Rights of Affirmuse:
The Affirmuse Service and its content, including music, videos, and downloadable materials, are the property of Affirmuse LLC or its licensors. All trademarks, service marks, trade names, logos, domain names, and any other features of the Affirmuse brand (“Affirmuse Brand Features”) are the sole property of Affirmuse LLC or its licensors. These Terms do not grant you any rights to use any Affirmuse Brand Features for either commercial or non-commercial purposes.

You agree to use the Affirmuse Service, its content, and any part thereof only in a manner expressly permitted by these Terms and in accordance with the Affirmuse User Guidelines.

  1. Billing, Payments and Cancellations:
    Paid Subscriptions are billed on a recurring basis, and your payment to Affirmuse LLC will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. To cancel your subscription, you must provide notice at least 14 days (two weeks) before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free membership version of the Affirmuse Service. No refunds or credits will be provided for any partial subscription periods, except as expressly stated in these Terms.

Price and Tax Changes:
Affirmuse LLC may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the subscription period (for periods not yet paid), or other offerings, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change, and by continuing to use the Affirmuse Service after the price change takes effect, you accept the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax Rates:
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. These rates may change over time in accordance with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

User Guidelines

To ensure that the Affirmuse Service is a positive and enjoyable experience for everyone, we’ve created a set of guidelines (“Affirmuse User Guidelines”). By using the Affirmuse Service, you agree to follow these guidelines, adhere to all relevant laws and regulations, and respect the intellectual property, privacy, and other rights of Affirmuse LLC.

Export Control and Sanctions

The services and content provided by Affirmuse LLC may be subject to trade control laws, including export control and economic sanctions laws of the United States, the European Union, the United Kingdom, and other jurisdictions. By using the Affirmuse Service, you agree to comply with all applicable trade control laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to sanctions, nor are you listed on any government restricted party list.

You agree not to use, sell, supply, export, reexport, transfer, or dispose of any content or services provided by Affirmuse in any manner that would violate applicable trade control laws. Affirmuse LLC reserves the right to restrict or terminate services to ensure compliance with these laws.

  1. Feedback

When you share ideas, suggestions, or other feedback related to your experience with the Affirmuse Service or its content (“Feedback”), you agree that this Feedback can be used by Affirmuse LLC in any way, without any obligation to provide compensation. Your Feedback helps us improve and enhance our services.

  1. Use of Your Device

By using the Affirmuse Service, you consent to the use of your device’s processor, bandwidth, and storage to support the functioning of the service and to deliver relevant information and updates directly to you.

  1. Customer Support, Complaints

For support or questions regarding your use of the Affirmuse Service, please contact us at support@affirmuse.com. If you are a resident of California, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

  1. Problems and Disputes

Termination:
These Terms will continue until terminated by either you or Affirmuse. We may terminate or suspend your access to the Affirmuse Service if we believe you have breached these Terms or if required by law. You may terminate your account at any time.

The following sections shall survive termination: Sections 3 (The Affirmuse Service), 4 (Your Use of the Affirmuse Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 9 (Problems and Disputes), 12 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

Disclaimer of Warranties:
The Affirmuse Service is offered “as is” and “as available,” without any guarantees of any kind, whether express, implied, or required by law. Affirmuse LLC specifically disclaims all warranties, whether express or implied, including, but not limited to, warranties of merchantability, suitability for a particular purpose, and non-infringement. Affirmuse LLC does not guarantee that the service or any content provided will be free from defects, malware, or other harmful components.

Affirmuse LLC does not promise that the Affirmuse Service will always meet your expectations, be available without interruption, be timely, secure, or error-free, or that any errors will be fixed. You bear the risk of using the Affirmuse Service.

No advice or information you receive from Affirmuse LLC, whether oral or written, will create any warranty that is not expressly stated in these Terms.

This section is subject to the limitations imposed by applicable law. In some regions, certain warranties cannot be excluded or limited, so the limitations in this section may not apply to you.

Limitation of Liability:
If you experience any issues or dissatisfaction with the Affirmuse Service, your sole remedy is to stop using the service. Affirmuse LLC is not responsible for any third-party applications or content that may be available through the Affirmuse Service.

To the fullest extent permitted by law, Affirmuse LLC and its affiliates, employees, or licensors are not liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business, or profits, arising from your use of or inability to use the Affirmuse Service, regardless of whether we were advised of the possibility of such damages. In any case, our total liability for all claims related to the Affirmuse Service will not exceed the amount you paid to Affirmuse in the one month prior to the claim or $30, whichever is greater.

Any claim you may have under these terms must be filed within one year from the date the issue arises, or it will be considered waived.

Indemnification

You agree to indemnify and hold Affirmuse LLC harmless from any damages, losses, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, any content you contribute, your activities on the Affirmuse Service, or your violation of any law or third-party rights.

Governing Law, Arbitration Agreement and Jury Waiver

Binding Arbitration:
Any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Affirmuse Service will be resolved exclusively through binding arbitration. This includes any claims related to the enforceability of this arbitration provision. The arbitration will be administered by the American Arbitration Association (AAA) under its rules.

Location:
The arbitration will take place in the state where Affirmuse LLC is organized, unless the parties mutually agree on a different location. If the parties cannot agree on a location, the arbitration will be conducted virtually.

Arbitrator:
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Governing Law:
These Terms, and any disputes arising under them, will be governed by the laws of the state in which Affirmuse LLC is organized, without regard to its conflict of law principles, except where preempted by federal law.

Jury Waiver and Class Action Waiver:
Both parties waive the right to a trial by jury or to participate in a class action, consolidated, or representative proceeding. Arbitration shall be conducted on an individual basis only, and not in a class, collective, consolidated, or representative action.

Costs:
Each party will bear its own costs in the arbitration unless the arbitrator decides otherwise. The cost of the arbitration itself will be shared equally by the parties, except where prohibited by law.

  1. Commercial Use

The Affirmuse Service offers specific subscriptions for commercial use, allowing businesses and other organizations to stream and utilize Affirmuse content in various settings, including but not limited to:

  • Bars and Restaurants: Playing music as background entertainment.
  • Nightclubs and Discotheques: Using Affirmuse content for dance and social settings.
  • Public Performances: Including use at events, concerts, or other public venues.
  • Broadcasting: Use of Affirmuse content in radio or television programming.
  • Medical and Therapy Practices: Playing music as part of the therapeutic environment or background in waiting rooms.
  • Fitness Centers: Use in workout classes or as general background music.
  • Livestreams: Using Affirmuse music as background music in livestreams on platforms such as TikTok, YouTube, Twitch, and any other current or future livestream platforms, including those that may emerge in the future.

Acknowledgment Requirement:
When using Affirmuse content for any commercial purpose, you are required to include a visible or audible acknowledgment that the music is sourced from Affirmuse (e.g., “Music provided by Affirmuse.com”). This acknowledgment should be clearly visible or audibly stated depending on the nature of the use.

Additional Licensing for Livestreams:
If you wish to use Affirmuse music as background music in livestreams, such as on TikTok or YouTube, you must purchase a commercial license. For those interested in more specific or unique uses, such as exclusive rights or tailored agreements, we encourage you to contact us directly to discuss an individual agreement.

Additional Licensing:
Any use of Affirmuse content outside the scope of the commercial subscription—such as in films, advertisements, or other commercial products—requires additional licensing and must be negotiated separately with Affirmuse.

  1. Compliance with Local Laws

Affirmuse strives to comply with applicable laws and regulations in all jurisdictions where we operate. For customers in the European Union, Affirmuse adheres to the consumer protection regulations in place, including those relating to subscription cancellations and the processing of personal data. Specific rights may be outlined further in our Privacy Policy.

  1. About These Terms

These Terms are not intended to limit any rights you may have under applicable law that cannot be restricted by contract.

Changes to These Terms

We may update these Terms from time to time by notifying you through reasonable means, including by posting the revised Terms on the Affirmuse Service. For significant changes, we may provide additional notice through email, an in-service pop-up message, or other prominent notifications within the Affirmuse Service. Your continued use of the Affirmuse Service after any changes to these Terms indicates your acceptance of those changes.

If you are a subscriber and do not agree with the updated Terms, including any changes to the Arbitration Agreement, you must cancel your subscription and discontinue using the Affirmuse Service before your next renewal date or within thirty (30) days of the effective date of the updated Terms, whichever comes first.

Entire Agreement

Except as otherwise provided in this section or explicitly agreed upon in writing between you and Affirmuse LLC, these Terms represent the entire agreement between you and Affirmuse LLC and replace any prior agreements related to the subject matter of these Terms, whether written or oral. As mentioned above, additional terms and conditions governing your use of the Affirmuse Service are incorporated by reference, including but not limited to: Affirmuse User Guidelines, and Affirmuse Privacy Policy.

  1. Severability and Waiver

Unless otherwise stated in these Terms, if any provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

The failure of Affirmuse or any third-party beneficiary to enforce any provision of these Terms shall not be considered a waiver of the right to enforce that provision or any other provision of these Terms in the future.

Assignment

Affirmuse LLC reserves the right to assign or transfer any or all of these Terms, as well as any of its rights or obligations under these Terms, either in whole or in part. You are not permitted to assign, transfer, or sublicense these Terms, or any of your rights under these Terms, to any third party.