Terms of Use

Thank you for choosing Amuse (“Amuse”, “we”, “us”, “our”). By signing up to or otherwise using the Amuse service(s), including any platform(s), mobile app(s), website(s), or software application(s) (the “Amuse Service(s)”), you are entering into a binding contract with Amuseio AB, a Swedish based company with Swedish registration number 559036-7016.

Your agreement with us includes these terms of use (“Terms of Use”) and our Privacy Policy (including any future modifications), together with any supplemental terms that may apply to your interaction with the Amuse Service(s) (collectively the “Agreements”). Please read all documents carefully. By signing up to or otherwise using the Amuse Service(s), you acknowledge that you have read, understood and accepted these Agreements and agree to be bound by them. If you don’t agree to, or cannot otherwise comply with, the Agreements in their entirety, you must not sign up to, access or otherwise use the Amuse Service(s).

In order to access and use the Amuse Service(s), you must be at least 18 years old and have the power to enter a binding contract with us and not be prevented from doing so under any law. If you are under 18, you must be able to provide proof of your guardian’s consent immediately upon request. You further agree that the information you submit to us is and will at all material times remain true, accurate and complete.

Please be aware that Amuse does not currently support business accounts. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you warrant and represent that you are authorized to grant all permissions and licenses provided in the Agreements and bind the entity to the Agreements and that you agree to the Agreements on the entity's behalf.

2. DEFINITIONS

a. “Amuse Account” means a user account created by you through which you are authorized to access the Amuse Service(s).

b. “Materials” means any and all materials, assets and information submitted by you through the Amuse Service(s) including, without limitation, artwork, images, logos and videos.

c. “Metadata” means the information embedded in an audio file that is used to identify the content. This includes, but is not limited to, track title, band or artist name, genre of music, label and the year the track was released.

d. “Recordings” means any and all audio recordings that you submit to Amuse by uploading through the Amuse Service(s), including the full underlying compositions.

e. “Stores” means all digital internet consumer stores or other digital retailers and platforms with whom Amuse has Store Agreements in place from time-to-time during the Term.

f. “Store Agreements” means agreements with Stores (as amended or replaced from time-to-time during the Term) to which we are a party, and which pertain to the distribution, use or other exploitation of your Recordings, Materials and Metadata. All terms and conditions agreed under such Store Agreements shall be at our sole discretion.

g. "Subscription" means the subscription tiers AMUSE BOOST and AMUSE PRO (please refer to our Subscription Terms of Use for more information).

h. "Subscription Terms of Use" means our terms of use for Subscriptions (including any future modifications), which are currently available here.

g. “Term” means the period commencing on the date that you sign up to, access or otherwise use the Amuse Service(s), until the date that you cease to access or use the Amuse Service(s) (or as otherwise terminated by Amuse in its sole discretion).

h. “Territory” means the world (or other specified territory, as may be applicable).

i. “Third Party Applications” means any third party applications, websites or services that are integrated into the Amuse Service(s) or are otherwise required (in our sole discretion) in order to make the Amuse Service(s) available.

3. GRANT OF RIGHTS

For so long as you access or use the Amuse Service(s), you grant to us the following non-exclusive rights (or exclusive rights solely as necessary to comply with any Store's or third party’s guidelines, rules or restrictions (including our Store Agreements)) during the Term and throughout the Territory:

a. To distribute, sell, publicly perform, exhibit, broadcast, transmit, make available, sub-license, use and otherwise exploit the Recordings and Materials by all means necessary or as otherwise required by our Store Agreements including, without limitation, by way of all forms of streaming (including interactive and non-interactive), digital downloads (including permanent and temporary), cloud services and via any other applicable devices, applications or other means now known or later created.

b. To collect all income from Stores from any of the above exploitation (including all income received after the Term which pertains to exploitation of any Recordings that took place during the Term).

c. To create, reproduce, publicly perform and make available any clips of Recordings, or to permit any Stores to exercise such rights on our behalf pursuant to the Store Agreements.

d. To edit, alter or amend the Recordings and Materials to the extent reasonably necessary in our sole discretion or as otherwise required under our Store Agreements.

e. To use your name(s), professional name(s), photograph(s), likeness(es), artwork, image(s), biographical and other information attributable to you, which you have submitted to Amuse.

f. To perform Metadata corrections where necessary to comply with any of our or a Store’s requirements, rules or guidelines, or any other term of our Store Agreements.

g. To synchronize (and authorize others to synchronize, including Stores pursuant to our Store Agreements) your Recordings and Materials in timed relation with any visual images including, without limitation, as part of a so-called ‘live stream’.

h. To authorize any third-party partners and/or sub-licensees, which offer services permitting the creation, use, and exploitation of so-called “remixes” of your Recordings and so-called 'user-generated content' (“UGC”) embodying your Recordings including, without limitation, Twitch, TikTok, Facebook, and Instagram. This includes the right to claim eligible Recordings on digital fingerprinting technologies where you have elected to receive such service.

After the Term ends, we will notify all applicable Stores to remove your Recordings. However, third parties who have downloaded or otherwise accessed your Recordings may, in certain cases, remain able to retain, continue listening to, or otherwise use your Recordings, even after their removal from the Stores. Additionally, UGC incorporating your Recordings may, in certain cases, remain accessible online. Amuse shall have no liability for any third party's retention, modification, distribution or use of your Recordings nor their inclusion in or distribution as part of UGC.

All rights granted to us above are done so on a royalty-free license basis. Nothing shall be interpreted so as to constitute any transfer of ownership to Amuse.

4. YOUR AMUSE ACCOUNT

In order to access certain features of the Amuse Service(s), you must create and sign into an Amuse Account. You must provide accurate and complete information when creating your Amuse Account, and which must remain accurate and complete for the duration of the Term. Creating an Amuse Account is completely free. You are not able or permitted to access the Amuse Service(s) without an Amuse Account including, without limitation, by using any account which is not your Amuse Account.

You will at all times remain solely responsible for all activity that occurs on or through your Amuse Account. It is also your sole responsibility to maintain the security of your Amuse Account and any third-party services that you may have elected to link to your Amuse Account, including in relation to any passwords and sensitive information.

Please review our fully transparent Privacy Policy for information regarding security, confidentiality and how we handle the data you provide to us.

5. YOUR MUSIC, MATERIALS AND INFORMATION

When you upload your Recordings through the Amuse Service(s), you will be required to submit to us all associated Materials and Metadata for distribution to and use by the Stores. You submit the Recordings, Materials and Metadata at your sole expense and in such compliant formats required by us.

You are fully and solely responsible for all aspects of the Recordings, Materials and Metadata that you submit to us. If we deem any of the Recordings, Materials or Metadata unsuitable, or in breach (or potential breach) of our, a Store’s or a third party’s guidelines, rules or restrictions (including our Store Agreements), we reserve the right, in our sole discretion, to remove the applicable Recording(s), Material(s), Metadata and/or prevent you from accessing and using any of the Amuse Service(s).

You agree that Amuse will at no time be responsible for any failure, error or delay by us or any third party (including any Store) to distribute the Recordings, Materials or Metadata, or the removal of the same by us or any third party (including any Store) as a result of any act or omission by you to comply with all instructions, guidelines, rules and restrictions.

6. ROYALTIES AND PAYOUTS

You keep 100% of your royalties that we actually receive from the Stores, unless you have royalty splits without a Subscription (as further detailed in our Subscription Terms of Use), with the exception of any third party aggregator fees, applicable taxes due from you by law, payment and banking fees incurred, and amounts to cover any administrative costs and cost of sales, including the handling of money and payments on your behalf. You are to the fullest extent responsible for paying all applicable taxes according to the tax laws of your country.

You warrant and represent that you are solely responsible for securing all necessary permissions and licenses (including, without limitation, any mechanical and publishing licenses in respect of the underlying musical compositions) prior to the submission of any Recordings and Materials via the Amuse Service(s). You further warrant and represent that you are solely responsible for making all required payments in relation to the distribution or other exploitation of the Recordings and Materials via the Amuse Service(s) including, without limitation, all payments to third parties including those who have contributed to the Recordings and Materials (e.g. artists, performers, collaborators, musicians, producers, mixers, remixers, songwriters, publishers, designers etc) as well as any payments to unions and guilds (or as otherwise required under any collective bargaining agreements), or in relation to any performer’s rights, equitable remuneration rights, neighbouring rights or equivalent.

Any royalties and income collected through Youtube Content ID shall be subject to a 15% commission, unless (and for so long as) you have an AMUSE PRO subscription.

Any Recordings subject to a split Commission will not be charged a fee on royalties accrued from Youtube Content ID.

You agree that the calculation, apportionment and payment of any royalties is subject to all terms and conditions of each Store Agreement. Please note that certain Stores may require that your Recordings generate a minimum number of streams before any royalties are earned and paid for such Recordings.

The Stores report your earned royalties to us and we will use reasonable efforts to credit such royalties to your Amuse Account on a monthly basis. The royalties refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores. Each Store has their own timeline delay of reporting your earned royalties, usually between 2-6 months. When royalties have been credited to your Amuse Account, you are able to request to withdraw the money. Do note that due to reporting delays, you will not receive any royalties during your first month(s) until Amuse has received the first reports from the Stores on your earnings. Any net revenues credited to your Amuse Account will be held in a bank account owned by Amuse, and you agree that you will not receive any interest or other earnings.

The minimum amount of earnings you can withdraw is $10 USD and cannot be paid out in parts. Your earnings are accumulated and will be carried over until you reach the threshold of $10 USD unless your Amuse Account is terminated or canceled. The maximum amount of earnings you can withdraw may be subject to third party rules and restrictions from time-to-time.

The payout process takes approximately 1-7 business days. We will make reasonable efforts to comply with this but make no guarantees. If you have not withdrawn earnings from your Amuse Account within 3 years of the date such earnings are credited to your Amuse Account, you accept that you may forfeit such earnings.

The payout service currently used is Hyperwallet. You must hold a Hyperwallet account to be able to receive your royalties earned. Amuse reserves the right to change the payout service without notice. We also reserve the right to withhold a payout without notice for any reason including, without limitation, where we suspect in our sole discretion that any information is incorrect or an unauthorized person has accessed your Amuse Account.

We also reserve the right, without notice, to withdraw from your earnings (or otherwise charge you) 10 EUR per Recording per month (or the then current equivalent in any other currency) (the “Fee”) if we or any of the Stores (in our or a Store’s sole discretion) identify any fraudulent, manipulated, artificial and/or illegal streaming activity in respect of the Recording in question. Regardless of any splits set up with other Amuse users for such Recording, the Fee will be withdrawn from the owner of the Amuse Account.

In addition, we may take any of the following action without notice where we determine in our sole discretion that you are, have been or may have been involved in fraudulent, artificial, manipulated or illegal conduct, that you have uploaded infringing Recordings or are otherwise in breach of the Agreements:

a. Deduct any and all required sums (including the Fee) from any accrued balance of royalty earnings credited to your Amuse Account; and/or

b. Deduct any and all required sums (including the Fee) from any future royalty earnings which would otherwise have been credited to your Amuse Account; and/or

c. Charge any and all required sums (including the Fee) to your chosen payment method (such as a debit card, credit card or PayPal account).

Some countries are restricted by the payout service (as amended from time-to-time) and we are unable to process any payment to you should you reside in a restricted country. We accept no liability should the payout service restrict payments to a country you reside in. Currently, these countries include, without limitation, Afghanistan, Belarus, Central African Republic, Republic of Congo, Cuba, Eritrea, Guinea-Bissau Iran, Iraq, Libanon, Libya, Liberia, Myanmar, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Yemen, Zimbabwe. If you reside in a restricted country, please do not register to use the Amuse Service(s) as we will be unable to pay out any accrued royalties to you. Should you circumvent this, or breach the payment provider’s terms of use, you agree to us withholding any royalties and terminating your account without notice.

Should a Store report an incorrect amount of royalties that you have earned for any reason, Amuse reserves the right to retroactively adjust this. Amuse assumes no liability whatsoever arising out of or in connection with any reporting from the Stores.

For our Swedish users. To be tax compliant with current tax laws, it’s mandatory for us to collect your personal number, whenever you make a withdrawal of royalties, to be able to make yearly reports to the Swedish Tax Agency on how much you have withdrawn (swe: kontrolluppgift).

7. STORES

You can upload Recordings through the Amuse Service(s) and you may choose the Stores you want your Recordings to be delivered to provided you have a Subscription. The terms of our Store Agreements shall govern the basis on which your Recordings, Materials and Metadata are distributed, used or otherwise exploited by the Stores. Amuse shall at all times have sole and final authority over the Store Agreements it elects to enter into or withdraw from. Amuse provides no guarantee around any distribution, use and/or exploitation of the Recordings, Materials or Metadata by any particular Store and Amuse accepts no liability if such Recordings, Materials or Metadata are not made available in a particular Store or are removed from any Stores for any reason whatsoever.

Amuse accepts no liability for any interruptions, delays, errors, or any suspensions of access, reports, or payouts by the Stores, whether in whole or in part.

8. ROYALTY SPLITS

You can split royalties for a Recording with other Amuse users if you have a Subscription. However, you only need an Amuse Account to receive royalty splits from other users’ Recordings. Users who are not paying for a Subscription will pay a commission of 15% on their share of the royalties earned from the Recordings (the “Commission”). The Commission will be withheld on royalties earned from the period not paid for. Should you start paying for a Subscription, you will not pay the Commission on royalties earned during your subscription period, subject to the Subscription Terms of Use.

You can add and edit royalty splits for new and previously released Recordings if you have an active Subscription. Once new royalty splits are submitted, all invited users must accept and confirm the invites before any royalty splits can take effect. Royalty splits submitted will take effect on royalties reported from the same month the splits were confirmed. Should you have submitted royalty splits for a new Recording, all royalty splits must be confirmed on the day the Recording is released. Should there be any unconfirmed splits, the unconfirmed split will not take effect and will be re-assigned to the user whose account is the owner of the Recording.

If you have received a free AMUSE PRO trial, you are bound by the Subscription Terms of Use as well as these Terms of Use. After the end of your trial, if you do not pay for a Subscription, we may (a) disable your ability to release further Recordings and Materials through the Amuse Service(s), or make changes to existing Recordings and Materials; and (b) take down your Recordings and Materials from any and all Stores. Furthermore, Youtube Content ID will be deactivated and you will no longer have access to any other benefits of an AMUSE PRO subscription. If you have set up royalty splits, you will be charged the Commission for such royalty splits.

9. PROHIBITED USE

You may not use the Amuse Service(s) for any unlawful purpose including for the following reasons (or equivalent):

In any way that is (or we believe in our sole discretion has the purpose of being) artificial, infringing, manipulated or fraudulent.
For the purpose of harming (or attempting to harm) any other person in any way.
In any way that may infringe or violate the Agreements or any Store Agreement.

You may not upload any Recordings or Materials that do (or we believe in our sole discretion may do) any of the following (or equivalent):

Contain hateful, racist, defamatory or inflammatory material.
Promote sexually explicit or violent material.
Promote discrimination of any kind including where 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 their privacy.
Impersonate any person.
Infringe or violate any third party rights or any law, rule or regulation.
Infringe or violate the Agreements or any Store Agreement.
Contain content that is generated by so-called ‘artificial intelligence’ (whether in whole or in part).

Amuse reserves the right, in its sole discretion, to determine whether a breach (or anticipated breach) of any of the above or any other section of the Agreements (or any Store Agreement) has taken (or could take) place. If we deem that such a breach (or anticipated breach) has occurred (or could occur), we may take any and all action as we deem appropriate in the circumstances. Such action may include, without limitation, the temporary or permanent removal of your Amuse Account and any and all Recordings and/or Materials and/or Metadata uploaded through the Amuse Service(s), the withholding of any and all royalties attributable to the Recordings and/or Materials and/or Metadata, and the freezing of your Amuse Account. Such action may be taken at any time and without notifying you.Note that we also do not allow the uploading of the following types of recordings:

Covers of classical music.
Podcasts, Audio Books, and Radio shows.
Parodies and tributes.
Any type of recording that is prohibited or restricted pursuant to any Store Agreement including, without limitation, White/Brown/Pink Noise, ASMR, Frequencies (Hz, Waves, Tones), Sound Effects/Sound Design (Rain, Forest, Traffic), Binaural sounds and Guided Meditation.
A cover version (being a recording of a previously released song of which you are not the original author or owner) unless you have obtained all necessary licenses/consents and are able to present the same to us upon request.

10. THIRD PARTY APPLICATIONS

From time-to-time during the Term, and in our sole discretion, we may utilize various Third Party Applications to facilitate making the Amuse Service(s) available to you. These Third Party Applications may have their own terms and conditions, privacy policies and/or supplemental terms and you agree that your use of these Third Party Applications will be governed by and subject to such terms and conditions, privacy policies and/or supplemental terms. You understand and agree that Amuse does not endorse and is not responsible or liable for the behavior, features or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

11. YOUR USE OF THE AMUSE SERVICE(S)

The Amuse Service(s) may be accessed and used solely for lawful purposes. You agree to abide by all applicable laws, rules and regulations in connection with your use of the Amuse Service(s) at all times during the Term. You warrant and represent that you will not use the Amuse Service(s) to transmit, distribute, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You further agree not to threaten, harass, abuse, slander, defame or otherwise violate the legal rights of any employee, contractor or agent of Amuse. Amuse may remove your Recordings, Materials and Metadata and terminate your Amuse Account if you are deemed (in our sole discretion) to have been abusive or rude, or to have provided false or misleading information to any Amuse employee, contractor or agent.

Your Amuse Account shall be used solely by you and may not be transferred or shared with any third party. You acknowledge that you are solely responsible for all usage or activity on or through your Amuse Account. You shall immediately notify Amuse of any breach of security or unauthorized use of your Amuse account. Any fraudulent, abusive, or otherwise illegal account activity, including manipulated or artificial streams, shall constitute a basis to terminate your account.

You acknowledge that Amuse may terminate your Amuse Account and withhold any royalties if you violate the Agreements or, if Amuse or any Store has reason to believe (as determined in our or a Store’s sole discretion) that you have infringed or violated any rights of any third parties and/or have engaged in fraudulent or forced activity including, without limitation, manipulated or fraudulent streaming activity.

12. YOUR LIABILITY AND WARRANTIES

You hereby warrant and represent as follows:

You are not under any disability, restriction, or prohibition to enter into the Agreements and grant the rights under the Agreements, and you possess full power and authority to enter into and perform the Agreements.
You have not entered into any agreement which may conflict with the Agreements.
You are solely responsible for your Recordings, Materials and Metadata uploaded through the Amuse Service(s).
You are the rightful owner of the Recordings, Materials and Metadata, or are legally authorized to represent the rightful owner. In the latter case, you agree to present us with evidence proving the same on request (the suitability of which shall be at our sole discretion).
You have obtained all necessary consents and permissions from all rightsholders associated with the Recordings, Materials and Metadata prior to submission.
You will not distribute, transmit or store any files or materials that does (or could) infringe or violate the rights of any third party.
The Recordings and Materials are original and do not contain any third party copyrights (including but not limited to samples) which have not been cleared prior to submission or which may otherwise infringe or violate any third party rights.
You shall not commit any act which may damage the reputation of Amuse or which could inhibit, restrict or interfere with our use of the Recordings in accordance with the Agreements.
You shall not conduct any forced activity or systematic listening including, without limitation, manipulated or fraudulent streaming activity.
You are solely responsible for (and Amuse shall have no liability whatsoever in respect of) any breach of the Agreements and the associated consequences.

Moreover, you also warrant and represent that you shall not:

Distribute, alter or modify any part(s) of the Amuse Service(s);
Circumvent any technology used by Amuse, or any third party, to access the Amuse Service(s) or any content on the Amuse Service(s);
Sell, rent, sub-license or lease any part of the Amuse Service(s);
Provide your password to any other person or use any other person’s username and password;
“Crawl” the Amuse Service(s) or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from Amuse and the Amuse Service(s);
Include or introduce any malicious content such as malware, Trojan horses, spyware, cancelbots, or other viruses and malicious codes.

You further agree and covenant not to, during or after the Term, directly or indirectly, initiate, pursue, support, engage in, or otherwise participate in any claim (or induce any third party to do so) against any Stores, their affiliates or users, arising from, relating to or in connection with the use and exploitation of Recordings, Materials and Metadata or otherwise relating to the Agreements.

At all times during the Term, Amuse in its sole discretion reserves the right to delete and/or block your Amuse Account, disable your access to the Amuse Service(s), remove any or all uploaded Recordings, Materials and Metadata and/or withhold or redirect any royalty payments, without notifying you and without any liability whatsoever.

13. INFRINGEMENT AND REPORTING OF CONTENT

Amuse respects the rights of intellectual property owners. If you believe that any content on the Amuse Service(s) infringes your intellectual property rights or other rights, or does otherwise not comply with these Terms of Use please contact our Customer Support team.

If Amuse is notified by a copyright holder that any content is or may be infringing, Amuse may in its sole discretion take all action which it deems necessary without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Amuse with a request to restore the removed content.

14. OUR RIGHTS

In addition to all other rights possessed by us under the Agreements, we reserve the absolute right, at all times during the Term, without notice to:

Amend, discontinue or terminate the provision of and/or your access to the Amuse Service(s).
Reject any Recordings, Materials or Metadata or otherwise remove them from the Amuse Service(s) and/or any Stores.

15. OUR INTELLECTUAL PROPERTY

The Amuse Service(s) including, but not limited to, all related technology, data, tools, and designs are the sole and exclusive property of Amuse and/or its subsidiaries and affiliates. During the Term, we grant you a limited, non-exclusive, revocable license to make use of the Amuse Service(s) in accordance with the terms of the Agreements.

The Amuse trademarks, service marks, trade names, logos, domain names, and any other features of the Amuse brand are the sole and exclusive property of Amuse and/or its subsidiaries and affiliates. The Agreements do not grant you any rights to use any such intellectual property whether for commercial or non-commercial use.

We value hearing from our users and are always interested in learning about ways we can improve the Amuse Service(s). If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

16. SERVICE LIMITATIONS AND MODIFICATIONS

Whilst we always strive to ensure that you can access the Amuse Service(s), you acknowledge that there may be instances from time-to-time during the Term where certain technical difficulties or maintenance (whether planned or unplanned) may cause temporary interruptions. Amuse reserves the right, periodically and at any time, to (temporarily or permanently) modify or discontinue functions and features of the Amuse Service(s), with or without notice, and without any liability whatsoever.

17. TERM AND TERMINATION

The duration of the Agreements shall continue for the Term.

You may at any time during the Term terminate and cancel your Amuse Account (and therefore your access to the Amuse Service(s) by contacting Customer Support.

Amuse may terminate the Agreements or suspend your access to the Amuse Service(s) at any time for any and no reason, including in the event of your actual or suspected unauthorized use of the Amuse Service(s) and/or any content, or non-compliance with the Agreements. In such cases, we also reserve the right to retain your Amuse Account and account information to prevent further unauthorized use.

Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination shall survive termination.

18. WARRANTY AND DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE AMUSE SERVICE(S) IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AMUSE SERVICE(S) AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AMUSE MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AMUSE SERVICE(S) IS TO UNINSTALL ANY AMUSE SOFTWARE AND TO STOP USING THE AMUSE SERVICE(S).

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMUSE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUPPLIERS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AMUSE SERVICE(S), REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AMUSE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AMUSE SERVICE(S), THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN $100 USD (ONE HUNDRED USD), TO THE EXTENT PERMISSIBLE BY LAW.

YOU SHALL INDEMNIFY AND HOLD HARMLESS AMUSE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS, MATERIALS AND METADATA AS PERMITTED HEREUNDER.

20. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Amuse, the Agreements constitute all terms and conditions agreed upon between you and Amuse and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

21. SEVERABILITY AND WAIVER

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Amuse to enforce the Agreements or any provision thereof shall not waive Amuse’s or the applicable third party beneficiary’s right to do so.

22. ASSIGNMENT

Amuse may, without notice and at any time, assign the Agreements (or any part of them) and delegate any of its obligations under the Agreements. You may not assign the Agreements (or any part of them), nor transfer or sub-license your rights under the Agreements, to any third party.

23. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Amuse, its officers, shareholders, employees, contractors, agents, directors, subsidiaries, affiliates, successors, assigns and suppliers harmless from and against all damages, losses, claims and expenses of any kind (including legal fees and costs) arising out of or in connection with (a) your breach (or alleged breach) of the warranties, representations, obligations and other terms contained in the Agreements; (b) any content submitted by you to the Amuse Service(s); (c) any activity in which you engage on or through the Amuse Service(s); and (d) your violation of any law, regulation or rule or any rights of any third party.

24. FORCE MAJEURE

Force Majeure means an event beyond our control that prevents us from complying with any obligations under the Agreements. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, disease outbreaks (including epidemics and pandemics), hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, cyber attacks and any third party force majeure event.

Should a force majeure event occur, Amuse will notify you as soon as reasonable and give an estimate when due fulfillment can be expected. You may cancel your use of the Amuse Service(s) at any time if you are affected by the force majeure event.

Failure by Amuse to comply with the Agreements because of a force majeure event will not be deemed a breach of the Agreements. In no event does Amuse accept any liability or responsibility for any error, failure or interruption to provider the Amuse Service(s), whether or not arising from a force majeure event.

25. JURISDICTION AND DISPUTE VENUE

The Agreements and the provision of the Amuse Service(s) shall be governed by the laws of Sweden and any dispute regarding the Agreements shall be submitted to the exclusive jurisdiction of the District Court of Stockholm, Sweden.

For users living in an EU country or in Norway, Iceland or Liechtenstein: If you have issues with a purchase from us and have been unable to resolve the dispute with us, you have the possibility to submit your complaint to the EU's Online Dispute Resolution (ODR) platform. The platform is available at the following link: http://ec.europa.eu/consumers/odr. We may, at our sole discretion, decide whether to resolve a complaint through the ODR platform.

26. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion and without notice, make changes to the Agreements. It is your responsibility to check for any changes made to the Agreements. When we make material changes to the Agreements, we might provide you with prominent notice as appropriate under the circumstances, e.g. by displaying a prominent notice within the Amuse Service(s) or by sending you an email. In some cases, we might (but shall not be obligated to) notify you in advance. Your continued use of the Amuse Service(s) after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you check back for any changes regularly or read any notices carefully.

In the event of any conflict or ambiguity between the English version of the Agreements and the versions of the Agreements in any other language, the English version will prevail.

CONTACT US

If you have any questions concerning the Amuse Service(s) or the Agreements, please contact our Customer Support. You can also contact us at the following e-mail: support@amuse.io.

Last updated: October 28th, 2024