Effective as of November 27, 2024
INTRODUCTION
These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern your relationship with the “Cloud Music - offline player” Service (the “Service”) operated by Astakhov Constantine. (“me”, “I”, or “my”). It is important that you read this carefully because you will be legally bound to these terms.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.
By accessing or using the Service, you agree that I may collect and share consumption data, including details about your usage of the Service, in line with my Privacy Policy. Such data sharing is essential to improve the quality of the Service and is done in compliance with Apple's requirements.
DESCRIPTION OF SERVICE
The “Service” The “Service” means secure import & reproduction of audio files, administrative and related systems and technologies. All software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of Astakhov Constantine. Any modifications to the Service are also subject to these Terms.
Astakhov Constantine reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Astakhov Constantine.
SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically weekly, monthly or yearly.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Astakhov Constantine cancels it. You can disable subscription renewal in your iTunes account settings on your device.
FREE TRIAL
Astakhov Constantine may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Astakhov Constantine until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Astakhov Constantine reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
FEE CHARGES
Astakhov Constantine, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Astakhov Constantine will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
REFUNDS
While all amounts paid are non-refundable, certain refund requests for Subscriptions may be considered by Astakhov Constantine on a case-by-case basis and granted at the sole discretion of Astakhov Constantine.
CONSENT TO DATA COLLECTION AND SHARING
By using the Service, you consent to the collection of your consumption data, which includes your activity, usage patterns, and interactions with the Service. This data helps me analyze usage, enhance features, and provide a better user experience.
By using the Service and making in-app purchases, you consent to my sharing of data regarding your usage and consumption of purchased content with Apple, as part of my efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. I ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
INTELLECTUAL PROPERTY
The Service and all contents, including but not limited to text, images, graphics or code are the property of Astakhov Constantine and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Astakhov Constantine or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
LINKS TO OTHER WEB SITES
The Service may contain links to third-party web sites or services that are not owned or controlled by Astakhov Constantine.
Astakhov Constantine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Astakhov Constantine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
I strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
You are entitled to cease using my Services at any time and for any reason without notice to me, but you will continue to be charged for Services until you disable subscription renewal in your iTunes account settings on your device.
My duty is to keep my Service as safe and well maintained as possible. To this end, I may need to terminate accounts for violations of these Terms. In the following circumstances I will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using my Services in a way that can cause or has caused a risk of harm or loss to either Astakhov Constantine or my other customers.
LIMITATION OF LIABILITY
Astakhov Constantine, its employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not I have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER AND NON-WAIVER OF RIGHTS
Astakhov Constantine makes no guarantees, representations or warranties of any kind as regards my mobile application and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Astakhov Constantine not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Astakhov Constantine chooses not to immediately act, or chooses not to act at all, Astakhov Constantine will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Astakhov Constantine does not waive any of its rights. Astakhov Constantine shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
EXCLUSIONS
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
DISPUTE RESOLUTION
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America. “Astakhov Constantine” makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
CHANGES
I reserve the right, at my sole discretion, to modify or replace these Terms at any time. If a revision is material I will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at my sole discretion.
By continuing to access or use my Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using this mobile app.
The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.
CONTACT ME
If you have any questions about this Terms of Service, do not hesitate to contact me. E-Mail: cloudplayersupp@gmail.com