TuneMe Terms of Service
Updated: Oct 2, 2023
Effective: July 10, 2020, unless you agree to the Terms sooner, for example, from within the Services. Then these Terms are effective as of the date of your agreement.
The TuneMe websites, related mobile applications, software, and services (collectively, the “Services”) are made available to you by Sounds-U LTD. (“Sounds-U”) subject to these Terms of Service (the “Terms”) and in accordance with the TuneMe Privacy Policy (the “Privacy Policy”). The TuneMe websites include the website located at TuneMe.io (the “Site”). The TuneMe related mobile applications include the TuneMe app (the “App”).
Please read these Terms carefully as they govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms.
Notice Regarding Data Processing and Dispute Resolution
The provision of the TuneMe services, as described in these Terms, relies on the processing of data about you and other TuneMe users, including health, body profile, lifestyle, and non-precise location data. Such data processing is integral to the Services we provide and is a necessary aspect of our agreement with you.
Dispute Resolution Notice: These Terms include provisions governing the resolution of disputes between you and Sounds-U. This includes an agreement for arbitration, which, unless you reside within the European Union (EU), with limited exceptions, requires you to submit any claims against us to binding and final arbitration. This agreement limits your claims against Sounds-U to individual disputes, unless you choose to opt-out as instructed below.
Changes to Terms or Services:
Sounds-U retains the right, at its sole discretion, to modify, discontinue, or terminate the Services, or to amend these Terms, at any time without prior notice. In the event of modifications to these Terms, we will post the changes on the Site or via the App, or notify you of such changes. Additionally, the "Updated" date at the top of these Terms will be revised. By continuing to access or use the Services after we have posted modifications on the Site or via the App, or after providing notice of such modifications, you signify your agreement to be bound by the revised Terms. If the amended Terms are unacceptable to you, your sole recourse is to discontinue using the Services.
Eligibility to Use the Services:
You may access and utilize the Services only if you are at least 16 years old, or if a higher minimum age is required in your jurisdiction to use such services, and only if you possess the legal capacity to enter into a binding agreement with Sounds-U, without any legal prohibitions against your use of the Services under applicable law.
Registration and Account Responsibility:
To access specific features of the Services, you must complete the registration process with Sounds-U, creating an account (“Account”) and providing the information requested in the registration form. It is essential that you furnish us with accurate, complete, and up-to-date details for your Account, and you undertake to revise this information as necessary to maintain its accuracy, completeness, and currency. Failure to do so may result in the suspension or termination of your Account. You agree not to disclose your Account password to anyone and commit to promptly notifying us of any unauthorized usage of your Account. You are responsible for all activities performed under your Account, regardless of your awareness of them. Safeguarding the confidentiality of your password and taking responsibility for actions conducted under your password are your responsibilities. We strongly recommend using "strong" passwords (comprising a mix of uppercase and lowercase letters, numbers, and symbols) for your Account. Sounds-U cannot and will not be held liable for any losses or damages arising from your failure to adhere to the aforementioned requirements.
Consult Your Doctor Before Use:
Health Disclaimer:
The Services and Sounds-U Content are not designed to diagnose, treat, cure, or prevent any medical condition. If you have a medical, sleep, or heart-related condition, it is imperative that you consult your healthcare provider before utilizing the Services, embarking on an exercise regimen, or making lifestyle alterations. In the event of a medical emergency, discontinue using the Services and seek guidance from a qualified medical professional. We bear no responsibility for any health issues that may arise as a result of lifestyle choices, exercise activities, consultations, products, or information obtained through the Services. Should you choose to engage in any exercise activities obtained through the Services, you agree to do so at your own risk, on a voluntary basis, and only after consulting your physician.
Feedback:
We genuinely appreciate your feedback, comments, and suggestions for enhancing the Services (“Feedback”). You can share your Feedback by emailing us at support@TuneMe.io. By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license, under all intellectual property rights that you possess or control, to employ, duplicate, amend, create derivative works from, and otherwise utilize the Feedback for any purpose.
Read Our Privacy Policy:
Sounds-U values your privacy and is committed to handling your personal information in accordance with our Privacy Policy, accessible at TuneMe.io/privacy. Our Privacy Policy outlines how we gather, use, and share user information. By utilizing or accessing the Services, you consent to the collection and utilization of your information as stipulated in the Privacy Policy.
Premium Membership:
Fees:
To unlock specific features of the Services, you may be required to subscribe to a Premium membership and pay associated fees. These fees, including applicable taxes, may be payable on a periodic basis (e.g., monthly, quarterly, or annually) and must be paid in advance. Upgrading your membership or adding new features or services to your account may result in a modified billing date. By using TuneMe, whether through a subscription or one-time payment, you agree to honor membership fees and any other charges incurred in connection with your TuneMe account. Sounds-U retains the right to adjust membership fees as needed, and taxes, where applicable, may change in compliance with legal requirements.
Auto-Renewal:
Premium membership fees will be automatically billed at the commencement of each recurring period (e.g., monthly, quarterly, or annually). These charges will continue to auto-renew unless you choose to terminate or downgrade your Premium membership. Unless otherwise notified in advance, your membership fee will remain consistent with your initial charges. As explained below, you have the option to cancel your Premium membership at any time.
Free Trials:
Your Premium membership may begin with a free trial, the duration of which will be specified upon subscribing. If you initiate your subscription with a free trial, Premium membership fees will commence at the conclusion of the free trial period, unless you cancel your Premium membership before its conclusion. Any unused portion of a free trial period, if offered, will be forfeited upon purchasing a Premium membership, where applicable. As detailed below, you have the freedom to cancel your Premium membership whenever you choose.
Cancellation of Premium Membership:
You can cancel your Premium membership by downgrading it through the Apple App Store. The cancellation takes effect at the conclusion of your ongoing billing cycle. Following the expiration of your Premium membership, your account will revert to a free membership status. You retain the option to reactivate your subscription under your existing account at any time without needing to create a new one, although Premium membership fees may have changed. Furthermore, you can request the deletion of your account from your account settings at any time.
Content and Content Rights
The Services may empower you to upload, store, share, send, post, input, or display text, photos, images, videos, data, music, regimens, logs, comments, and other information and content ("Your Content") via or to the Services.
Sounds-U Content:
"Sounds-U Content" encompasses any data, derived data, information, text, graphics, works of authorship of any kind, photos, images, software, mobile apps, videos, audios, music, logs, comments, and other content or materials posted, inputted, generated, uploaded, created, provided, gathered, or otherwise made available through the Services.
Content Ownership, Responsibility, and Removal:
Subject to the provisions above, Sounds-U and its licensors exclusively hold all rights, title, and interest in and to the Sounds-U Content, the Services, and the Services' underlying technology, including all related intellectual property rights. You recognize that the Sounds-U Content, the Services, and the Services' underlying technology are safeguarded by copyright, intellectual property, patent, trademark, and other laws of the United States and foreign countries. You consent not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Sounds-U Content. Sounds-U retains all rights not expressly delineated in these Terms.
Sounds-U's Rights:
By using the Services, you hereby grant to Sounds-U a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to:
Use, copy, modify, and create derivative works based upon Your Content you provide to Sounds-U in connection with operating and providing the Services to you and other users.
Publicly display, publicly perform, and distribute de-identified instances of Your Content you provide to Sounds-U in connection with operating and providing the Services to you and other users.
The rights you grant Sounds-U in this "Sounds-U’s Rights" section are subject to the Privacy Policy.
Sounds-U may, at its sole discretion, alter, remove, or refuse to display any of Your Content and may prohibit you from uploading, storing, sharing, sending, posting, inputting, or displaying Your Content via and to the Services.
Your Rights:
You retain all rights to Your Content that you post to the Services. Subject to your compliance with these Terms, Sounds-U grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Use and access the Services.
Use and access the mobile applications and software associated with the Services.
Use and access the Sounds-U Content.
This license is provided solely for your permitted use of the Services and solely for your personal and non-commercial purposes.
Except to the extent permitted by law, you may not:
Use, mirror, frame, or display the Services or any individual element within the Services, including the design and layout of any view, without Sounds-U's explicit written consent.
Use Sounds-U or TuneMe's name, any Sounds-U trademark or logo, or any proprietary information of Sounds-U without Sounds-U's explicit written consent.
Tamper with or access non-public components of the Services, Sounds-U's computer systems, or the technical delivery systems of Sounds-U's providers.
Breach any authentication or security measures of any Sounds-U system or test vulnerability of any Sounds-U system.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sounds-U or any of Sounds-U's providers or any other third party (including another Sounds-U or TuneMe user) to safeguard, protect, or secure the Services or Sounds-U Content.
Modify, reverse engineer, disassemble, decipher, decompile, tamper with, or otherwise attempt to derive the software source code of any software that Sounds-U provides to you or any other component of the Services.
You will not use, copy, adapt, modify, distribute, publicly perform, publicly display, translate, disclose, sublicense, prepare derivative works based upon, license, sell, rent, lease, assign, transfer, transmit, broadcast, or otherwise exploit the Sounds-U Content, Services, or any portion thereof, except as expressly allowed by these Terms. No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sounds-U or its licensors, except for the rights and licenses expressly granted in these Terms.
Use the Services At Your Own Risk:
Your reliance on the Services or any Sounds-U Content is at your own risk, and while we strive to provide helpful information, we make no warranties regarding Sounds-U Content, information, or Services. The data's accuracy, although valuable, is not meant to match that of medical devices, and the Services should not be a substitute for medical advice or diagnosis. They serve informational purposes only, and any health-related concerns should be discussed with a qualified healthcare professional, as common sense and sound judgment should always guide your decisions.
Rights and Terms for Apps:
If you download the App from an app store or distribution platform (like the Apple App Store or Google Play), you acknowledge that these Terms are an agreement between you and Sounds-U, not the App Provider, and Sounds-U is solely responsible for the App; the App Provider has no obligation for maintenance, support, or warranties, and any warranty claims are Sounds-U's responsibility; the App Provider is not liable for any claims or intellectual property disputes related to the App, and Sounds-U is solely responsible for addressing such claims; the App Provider and its subsidiaries have the right to enforce these Terms regarding your App license as third-party beneficiaries; you must adhere to all third-party terms of service when using the App, and you agree to comply with export laws; and you confirm that you are not in a U.S. embargoed country and are not on any U.S. Government prohibited parties list.
Acceptable Use Policy:
You must adhere to our Acceptable Use Policy, which means refraining from posting content that's hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, privacy-invading, harassing, or otherwise objectionable. You must not infringe on anyone's intellectual property, privacy, or proprietary rights, or seek to harm anyone, including children. Furthermore, you must not engage in any fraudulent, false, misleading, or deceptive activities. Additionally, you pledge not to perform actions like attempting unauthorized access, sending unsolicited advertising, using our trademarks without consent, exploiting the Services for commercial purposes or third parties, violating our Terms, or interfering with user access. You also agree not to misuse user information, engage in harmful activities, impersonate others, break laws, or encourage such actions. When it comes to third-party websites or resources linked in the Services, please remember that these links are provided for your convenience, and we are not responsible for their content or any risks associated with using them.
Termination:
We reserve the right to terminate your access to the Services at our discretion, without prior notice. Upon such termination, any of Your Content or related Account information may be deleted or removed. If you wish to cancel your Account, you can do so by contacting our support team.
Warranty Disclaimers:
The Services and Sounds-U Content are provided "as is," and we explicitly disclaim any implied warranties, including merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, as well as any warranties arising from course of dealing or usage of trade. We do not guarantee that the Services will meet your requirements or be uninterrupted, secure, or error-free. Additionally, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Sounds-U Content.
Indemnity:
You agree to defend, indemnify, and hold harmless Sounds-U, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from your access to or use of the Services or your violation of these Terms.
Limitation of Liability:
NEITHER SOUNDS-U NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SOUNDS-U CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING PHYSICAL INJURY, DEATH, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SOUNDS-U CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOUNDS-U HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SOUNDS-U's TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SOUNDS-U CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SOUNDS-U FOR USE OF THE SERVICES OR SOUNDS-U CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SOUNDS-U, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOUNDS-U AND YOU.
Dispute Resolution:
PLEASE READ THIS SECTION WITH CARE SINCE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE FASHION IN WHICH YOU CAN SEEK RELIEF FROM US.
Governing Law
Except as otherwise required by applicable law, these Terms and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Sounds-U agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Sounds-U Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Orange County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Sounds-U are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sounds-U otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the case that this specific paragraph is held unenforceable, this “Dispute Resolution” section will survive any termination of these Terms.
Opt-out of Agreement to Arbitrate:
You can decline to this agreement to arbitrate by contacting support@TuneMe.io within 30 days of first accepting these Terms and stating that you (including your first name, last name and the email address associated with your Account) decline this arbitration agreement. If you opt out of this arbitration agreement, Sounds-U also will not be bound by them. In addition, if you elect to opt out of this arbitration agreement, Sounds-U may terminate your use of the Services.
Arbitration Rules:
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process:
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org and a separate form for California residents at www.adr.org.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Sounds-U otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Sounds-U submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Sounds-U will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Arbitration Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Sounds-U will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Sounds-U changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@TuneMe.io) within 30 days of the date such change became effective, as indicated in the “Updated” date above or in the date of Sounds-U's email to you notifying you of such change. By rejecting any change, except as otherwise provided in these Terms in limited cases, you are agreeing that you will arbitrate any Dispute between you and Sounds-U in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
No Class Actions
You may only resolve Disputes with Sounds-U on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes
Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sounds-U agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Orange County, California. Both you and Sounds-U consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Time Limitation on Claims:
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
General Terms:
These Terms constitute the entire and exclusive understanding and agreement between Sounds-U and you regarding the Services and Sounds-U Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sounds-U and you regarding the Services and Sounds-U Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Sounds-U's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Sounds-U may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Sounds-U under these Terms, including those regarding modifications to these Terms, will be given by Sounds-U: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Sounds-U's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sounds-U. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms:
Additional terms may apply to certain offerings associated with the Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Who We Are and How to Contact Us
If you have any questions about these terms, please contact us at support@TuneMe.io. The Services are provided to you by Sounds-U, LTD., which is headquartered in TLV. This agreement was written in English. To the extent a translated version conflicts with the English version, the English version controls.