Last Updated: February 15, 2025
— INTRODUCTION —
These Terms of Service (the "Terms") govern your access to and use of the services (the "Service") provided by Zanadu ("we," "us," or "our"). These Terms are divided into two main sections: the Music License Agreement, which covers the specific terms for licensing music from Zanadu, and the General Terms, which cover all other aspects of using the Service. Both sections are integral parts of these Terms, and by subscribing to and using the Service, you agree to be bound by all of them. Please read these Terms carefully before using the Service. If you do not agree with these Terms, you must cancel your subscription and refrain from using the Service. Continued use of the Service constitutes acceptance of these Terms.
— GENERAL DEFINITIONS —
For the purposes of these Terms of Service, including both the Music License Agreement and the General Terms, the following definitions shall apply:
• “Zanadu,” “we,” “us,” or “our” refers to the business Zanadu, with its principal place of business located in The Netherlands.
• “You,” “your,” “Customer,” “Client,” “User,” or “Subscriber” means the individual or entity subscribing to or using the Service.
• “Service” or “Services” means the services provided by Zanadu to its Customers and subject to these Terms of Service, including the provision of Licensed Music under the Music License Agreement.
— MUSIC LICENSE AGREEMENT —
[The music license agreement section is included and to be reviewed on the License page of the Customer dashboard, which is available after the Customer has subscribed. If the Customer does not agree with the Music License Agreement, the Customer can still cancel the subscription without incurring any costs because of the free trial period. Continued use of the Service constitutes acceptance of the music license agreement.]
— GENERAL TERMS —
16. User Accounts:
Account Creation and Eligibility: To access certain features of the Service, you may be required to create an account. You must be at least 18 years old and have the legal capacity to enter into a binding agreement to create an account. You agree to provide accurate and complete information when creating your account and to keep your information updated.
User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials, including your password. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Account Suspension or Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. We may terminate your account for violations of these Terms, including the Music License Agreement, or for any other reason in our sole discretion. You may terminate your account by cancelling your subscription.
17. User Conduct:
You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. You agree not to: (a) Impersonate any person or entity; (b) Interfere with or disrupt the Service or servers or networks connected to the Service; (c) Use the Service for any commercial purpose (other than stipulated in the Terms) without our prior written consent; (d) Engage in any activity that could damage, disable, overburden, or impair the Service; (e) Attempt to gain unauthorized access to any part of the Service or other user accounts; (f) Violate any applicable local, state, national, or international law or regulation.
18. Payment and Refunds:
Subscription Fees: Subscription fees for the Service are based on the subscription plan you select. We reserve the right to change our subscription fees at any time, providing notice to you with 30 days’ notice prior to the effective date of the change.
Payment Methods: We strive to accept multiple common online payment methods. We reserve the right to change the accepted payment methods at any time. You agree to provide accurate and complete payment information. By subscribing to the Service, you authorize us to charge your chosen payment method for the applicable subscription fees.
Billing Cycle: Your subscription will be billed monthly or annually, depending on the plan you select, on the date of your initial subscription (or after the free trial period, if applicable). Subscriptions automatically renew unless cancelled by you prior to the renewal date.Refunds: We do not offer refunds of any kind, except in exceptional circumstances at our sole discretion.
19. Service Availability and Modifications:We strive to provide you with uninterrupted access to the Service. However, we do not guarantee that the Service will be available at all times. We may perform maintenance on the Service from time to time, which may result in temporary interruptions. We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice.
20. Disclaimer of Warranties:
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
22. Links to Third-Party Sites:
The Service may contain links to third-party websites. We are not responsible for the content of those websites. You access third-party websites at your own risk.
23. Changes to Terms of Service:
We reserve the right to modify these Terms of Service at any time. We will notify you of any changes by posting the updated Terms of Service on our website. Your continued use of the Service following the posting of the updated Terms constitutes your acceptance of the changes.
24. General Applicability of Certain Clauses:
The provisions regarding Governing Law, Entire Agreement, Force Majeure, and Severability, as set forth in the Music License Agreement, shall apply to these Terms of Service in their entirety, including both the Music License Agreement and the General Terms.
25. Copyright and Intellectual Property:
The content of these Terms of Service, including but not limited to the text, graphics, logos, and software, is the exclusive property of Zanadu and is protected by copyright and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works 1 of these Terms, in whole or in part, without our express written consent.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date of subscription.