This Terms of Service Agreement (“Agreement”) governs your use of Strommar’s Software Services (“Services”). You agree to comply with all the provisions of this Agreement, at all times during your use of the Services.
The Services offered by Strommar are contained in a plan (“Plan”) within a period of time (“Term”). Terms are defined in calendar months. Your Plan will commence on the day you select a Plan and the payment provider accepts payment. A Plan automatically renews at the end of every Term.
You may change your Plan at any time. If the price of the new Plan is higher, then the change will be made effective, immediately. If the price is lower, then the update will be made at the end of the existing Term date.
If you purchase a Plan on behalf of a company or agency (“Entity”), then you represent and warrant that you are authorized to execute this Agreement and that you agree to the provisions and sections on behalf of the Entity.
You must be age 13 or equivalent minimum age in your home country, to use our Services. A Plan for persons under this age can be created by a parent or legal guardian or by an approved educational institution by Strommar. A parent or legal guardian who is selecting a Plan for a child under the age of majority should review this Agreement with the child to ensure that both understand it.
If you wish to unsubscribe, not renew or cancel the Plan, you must do this on the Strommar web application or by emailing email@example.com. You may unsubscribe at any time during the course of the Term without penalty. You will still have access to the Plan Services through the end of the Term. Strommar will deactivate all features and access made available to you after the end of the Term. Your audio tracks (“Tracks”) will be taken down from the Digital Service Providers (“DSP”) within 30 days after the end of the Term unless you decide to purchase to a Plan with maintenance Services.
You promise that the information you submit to Strommar is true, accurate and complete, at all times during the Term. Strommar may, in its sole discretion, at any time during the Term, immediately terminate a Plan if Strommar deems that you are uploading copyright infringed content, engaging in any illegal, forced or fraudulent activity, use the Plan for the purpose to harm or attempt to harm any other person in any way, promote sexually explicit or violent material, promote discrimination based on race, religion, nationality, disability or sexual orientation, promote, advocate or assist in any illegal activity, threaten, harass, upset or alarm any other person or invade on their privacy or impersonate any person. Strommar may also terminate the Plan if Strommar deems that the Plan is not being used for its intended use. You agree to indemnify Strommar against any liability and costs arising from such improper use of the Plan.
Company reserves the right to change the pricing at any time. Company will notify Member in advance, by giving Member time to cancel the Membership. Company will not increase the price during the Membership Term.
Strommar reserves the right to change the pricing of a Plan, at any time. Strommar will notify you in advance, by giving you time to cancel the Plan. Strommar will not increase the price during the term of the Plan.
Plan payment is made on the first day of each Term. Strommar will deduct the Plan price from the mutually agreeable electronic payment method, without prior notice or demand or issuances of invoices or receipts. Plans are not subject to any taxes or governmental charges. All transactions are final.
If your payment method has expired or if any of the information needed to make a renewal payment is incorrect, you will have an additional period to remedy the matter (“Remedial Period”), subject to Strommar’s sole discretion. Strommar will retry payment every day to a maximum of ten (10) days, before Strommar terminates your access to the Plan. You will still have access to the Plan during the Remedial Period. In the event the payment is accepted by the payment provider, you will pay retroactively for the Remedial Period in order to continue with the Plan, otherwise the Plan will be terminated. After termination of the Remedial Period, you will no longer have access to Plans and/or Services. Your files will be taken down from the Digital Service Providers (“DSP”) within 30 days after termination. You may at any time pay for the canceled Plan, during or after termination, and restart the Plan.
You will receive 100% of all royalty funds (“Royalties”) for Tracks with the exception of any third party aggregator or licensing fees as well as applicable taxes due from you by law and any payment, currency exchange and banking fees charged by the payout method. Strommar is not liable or responsible as to the distribution of the Royalties to other rights-holders, unless those other rights-holders purchased a plan with a royalty maintenance feature. You explicitly agree that Royalties and other rights-holders distributions for your tracks are entirely your responsibility and you have obtained all applicable and relevant consents and rights from, but not limited to, any owners, artists, musicians, producers, other persons and companies involved in the production and/or distribution your tracks.
Each DSP has their own royalty reporting and funds distribution timeline which may vary between 1 to 6 months. Strommar will credit you with Royalties, monthly. Strommar will only credit the you when the accumulated amount is greater than 25 (twenty five) US Dollars. If the amount never exceeds 25 (twenty five) US Dollars, then Strommar will credit those funds on Termination of Services. Strommar reserves the right to withhold a payout if the information is incorrect, has been compromised or if Strommar suspects that you have uploaded infringing copyrighted works. Strommar reserves the right to retroactively amend the amount if a DSP reports the incorrect or wrong amount. Strommar assumes no liability regarding reports from DSP.
You warrant that you will not a) sell, sublicense or lease, alter, transfer or modify any part of the Strommar Plan or Services; b) lend, provide or give your password to any other person, c) use any automated means including recording, bots, scrapers, and spiders to collect information from Strommar and any of its Services or, d) introduce malware, spyware, cancelbots or other viruses and/or malicious codes, e) conduct in any systematic listening or infringe on Strommar or third party intellectual property rights.
You may be eligible to receive a refund if Strommar is in violation of terms of the Agreement. The refund will be paid out to your current method of payment. You are not entitled to a refund if Strommar terminates you because of a breach to this Agreement. Strommar is not responsible for any third party failures, however, Strommar will do it’s best to help remedy if the situation should arise.
You are responsible for all audio file(s) (“Tracks”), the information embedded in an audio file, (“Metadata”) and all text, content, song/lyric, graphic design, photographic materials used for covers and/or social media post (“Artwork”) submitted to Strommar; Tracks, Metadata and Artwork collectively known as Files (“Files”). You agree and warrant that you will not distribute, transmit or store any Files that may infringe copyrighted works. You also agree not to violate any third party’s intellectual property rights. You acknowledge that Strommar may at any time remove your Files, disable access to the Plan without notifying you and withhold any royalties assignable to the Files that are an infringement of copyrighted work or violates third party rights. Strommar reserves the right, in Strommar’s sole discretion, to remove the Files and prevent you from using the Services if it finds Files unsuitable.
Included in the Services is access to several DSP’s. Strommar will facilitate the upload of your Files to the DSP(s). You can set a date for the release of the Files but a DSP solely determines the release date. You grant the right for Strommar to use, sublicense or otherwise transfer the above rights to any DSP.
Strommar does not assume the liability for the delivery and release dates/times of the DSP.
You grant Strommar the right to insert Files in playlist created by the third parties or Strommar which you have submitted to Strommar for the purpose of evaluation, promotion and/or marketing.
If you believe that any content infringes intellectual property rights or other rights, then you must notify Customer Support. If Strommar is notified by a copyright holder that any content infringes a copyright, Strommar may in its sole discretion take action without prior notification to you. If the you believe that the content is not infringing, then you may submit a request through Customer Support to restore the removed content.
Strommar logos, domain names, trade and service marks, trade and domain names, and any other features of the Strommar brand are the sole property of Strommar. The Strommar technology (design, operations, concepts, algorithms, website, sales, playlist and promotional content) are the property of Strommar. The Services does not grant you any rights to use any brand features and Strommar trademarks whether for commercial or non-commercial.
SERVICES AND/OR PLANS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. STROMMAR DOES NOT GUARANTEE THAT ACCESS TO OR USE OF THE SERVICES AND/OR PLANS WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR FOOLPROOF SECURE. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES AND/OR PLANS IS TO UNSUBSCRIBE. IN NO EVENT WILL STROMMAR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY: (A) ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF STROMMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; (C) ANY MATTER BEYOND STROMMAR’S REASONABLE CONTROL; OR (D) AMOUNT(S) IN THE AGGREGATE THAT EXCEED THE FEE(S) PAID BY YOU TO STROMMAR FOR THE SERVICES SIX (6) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES WITH A MAXIMUM OF USD $1,000.
Strommar will always make a concerted effort in ensuring that the Services are available to you. Should any Services be interrupted in any way, Strommar will make a reasonable effort to correct the interruptions without delay. Strommar may also, in the course of events, make changes to update the application which may results in some functions and features discontinued, temporarily or permanently. Strommar will notify you of any substantial updates to the application. If you have any questions concerning Strommar or the Services, please email us at firstname.lastname@example.org or via our customer support link on the web application. Strommar guarantees a response within 24 business hours. Strommar will make an effort to help you find a solution to the problem as soon as reasonably possible.
Strommar works with third party vendors that supply specialized services to enhance our products and services. Strommar will make best efforts to mitigate problems that may occur with these vendors. Strommar will not be liable for any errors, delays or interruptions that might occur to our third party vendors.
This Agreement will be binding upon and will inure to the benefit of you and Strommar and their respective representatives, successors and assigns except as otherwise provided herein.
Should any part of the sections of this Agreement be rendered or declared invalid or unenforceable the remainder of the sections shall remain in full force and effect. All sections of the Agreement shall survive termination and will remain in effect even after termination of the Services.
Captions and Fonts are included solely for convenience of reference and if there is any conflict between captions and/or fonts and the text of the Agreement, the text shall control.
Neither Party shall be liable for any loss, damage or penalty arising from any delay due to causes beyond its reasonable control.
Strommar may at its own discretion make changes to Plans or Services. Strommar will provide you with a notice by sending an email or electronic notification. In some cases, Strommar will notify you in advance. Your continued use of the Plan or Services after the changes have been made will constitute your acceptance of the changes. You are responsible for reading any and all such notices carefully. Should you not accept these changes, you may cancel the Plan.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by of the American Arbitration Association (“AAA”). The hearing shall be conducted in Miami-Dade County, Miami Florida. All controversies or claims outside the United States shall be determined by the International Centre for Dispute Resolution (“ICDR”) in English and in accordance with its International Arbitration Rules. The arbitration proceedings shall be held using a digital meeting platform, selected by the ICDR.
The cost of the arbitration proceeding, any arbitration award, reasonable attorneys’ fees and costs, shall be assumed by the unsuccessful party. The decision of the arbitrator shall be final, binding and enforceable.
Captions and Fonts are included solely for convenience of reference and if there is any conflict between captions and/or fonts and the text of this Agreement, the text shall control.
Neither Party shall be liable for any loss, damage or penalty arising from delay due to causes beyond its reasonable control.
To the fullest extent permitted by applicable law, Member agrees to indemnify and hold Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of Member breach of this Agreement, any content submitted by Member to the Service, any activity in which Member engages on or through the Company service or platform and Member violation of any law or the rights of a third party.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by the international division of the American Arbitration Association (“AAA”), the International Centre for Dispute Resolution (“ICDR”), in accordance with its International Arbitration Rules. The hearing shall be conducted in Miami-Dade County, Miami Florida, unless both Parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.
The cost of the arbitration proceeding, any arbitration award, reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party. This agreement to arbitrate shall be enforceable.
This Agreement sets forth the entire understanding between you and Strommar with respect to the subject matter hereof, and merges and supersedes all prior Agreements, discussions and understandings, express or implied, concerning such matters. Modification or amendment of the Agreement or any part of the Agreement may be made only by Strommar. The Agreement shall take precedence over any additional or conflicting terms of which may be contained elsewhere. All sections of the Agreement remain in effect even after termination of the Agreement. You will acknowledge having read, understood and accepted the Services and agree to be bound by its terms.