Terms of use

These terms are an agreement between you and Slavko Josipovic, Stari velikobrdski put 10, 21300 Makarska, Croatia ("we", "us"), the publisher of the eSound app ("eSound", "the app"). By creating an account or using the app you accept them. If you don't accept them, don't use the app.

The service

eSound lets you search for music, podcasts and radio stations, play them, and organise them in a library and playlists linked to your account.

eSound doesn't host or own the music, videos, podcasts or radio streams you play. The app finds and plays content that third-party platforms, publishers and stations make publicly available, such as YouTube, podcast feeds and internet radio. What is available depends on those third parties and can change or disappear without notice. We don't control that content and we are not responsible for it.

Who can use eSound

You must be at least 16 years old, or have the permission of a parent or legal guardian, to create an account.

Your account

• Give accurate details when you sign up and keep your password to yourself.
• You are responsible for what happens under your account. If you think someone else has access to it, change your password and write to us.
• You can delete your account at any time in the app: Settings, then Profile, Edit profile, Delete account.

Price

eSound is free to download and use. If we ever offer paid features in the app, they will be sold through Apple's In-App Purchase. We'll show you the price and the conditions before you buy, and nothing will be charged without your confirmation.

Using eSound fairly

When you use eSound, you agree not to:

• use it for anything unlawful, or to infringe anyone's copyright or other rights;
• copy, redistribute, sell or publicly perform content you play through the app;
• break the terms of the platforms and services that the content comes from;
• reverse engineer the app, get around its security, or access our servers other than through the app;
• use bots, scrapers or automated means to access the service, or put an unreasonable load on it;
• upload playlist covers, profile photos or other material that is unlawful, offensive or that you don't have the right to use;
• impersonate someone else or interfere with other users, including during Jam sessions.

We may suspend or close an account that seriously or repeatedly breaks these rules. Unless the law or the urgency of the situation prevents it, we'll tell you why first and give you a chance to respond.

Content and intellectual property

• Content you play belongs to its owners and is governed by their terms.
• The app, its design, its code and the eSound name and logo are protected by intellectual property rights. We give you a personal, non-exclusive, non-transferable and revocable licence to use the app on Apple devices you own or control, as allowed by these terms and the App Store rules.
• You keep the rights to what you create, such as playlist names and covers. You allow us to store and display it so we can provide the service to you and to the people you share it with.

Copyright complaints

If you believe content found through eSound infringes your rights, write to [email protected]. Tell us who you are, which content you mean (with a link or enough detail to find it), which right is infringed, and confirm that the information is accurate. Since the content is hosted by third parties, it is usually fastest to report it to the platform that hosts it too. We will act on valid notices without undue delay, for example by making the content unavailable in the app.

Availability and changes

We work to keep eSound running, but we can't promise it will always be available or free of errors. We may change, add or remove features. If a change takes away something important to you, we'll tell you in advance when we reasonably can.

Liability

• Nothing in these terms limits your rights as a consumer under the law of the country where you live, or our liability for death or personal injury, fraud, intent or gross negligence.
• Apart from those cases, and to the extent the law allows, we are not liable for indirect or unforeseeable losses, for content provided by third parties, or for interruptions caused by third-party platforms and services.

Ending the agreement

You can stop using eSound and delete your account at any time. We may end these terms with 30 days' notice, for example if we stop offering the app, or straight away in the cases described in "Using eSound fairly". When the agreement ends your licence to use the app ends too, and we handle your data as described in the privacy policy.

Changes to these terms

If we change these terms we'll update the date at the top of this page and, for significant changes, tell you in the app or by email at least 30 days before they take effect. If you don't agree with the new terms you can delete your account before then.

Apple

These terms apply between you and us, not Apple. In addition:

• Apple is not responsible for eSound or its content, and has no obligation to provide maintenance or support for it.
• If the app fails to conform to any applicable warranty, you can notify Apple, and Apple will refund the purchase price of the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for handling any claims about the app, including product liability claims, claims that the app doesn't meet a legal or regulatory requirement, consumer protection claims and claims that the app infringes someone's intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Law and disputes

These terms are governed by Croatian law. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live, and you can bring a claim in the courts of that country. Before going to court, please write to us: most problems can be solved quickly by email.

Contact

[email protected]