TIDAL – TERMS AND CONDITIONS OF USE

1. INTRODUCTION

The present document (the ”Agreement”) sets out the terms and conditions governing the use of the music service TIDAL (the "Service”) by the end user (“you”).The term “you” shall also include additional registered users whenever permitted under the applicable subscription. The Service is provided by Aspiro 2 AB (the ”Supplier” or “we”).

The Service means all services provided by the Supplier or the Supplier’s partner that are inherently related to the music service TIDAL. These may include, but are not limited to websites and applications for desktops, tablets and mobile handsets, set-top boxes and stereo equipment.

2. PREREQUISITES FOR ACCESS TO THE SERVICE

You need access to internet in order to use the Service and any cost for accessing internet shall be paid by you. This also applies when using the Service via mobile phone or tablet. If you use the Service via mobile telephone you should familiarize yourself with applicable data transfer costs for your subscription. TIDAL does not have any responsibility or liability for data transfer costs you may incur.

The Service is directed to persons 13 years of age or older. TIDAL does not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service or to submit any personally identifiable information to TIDAL. If you provide information to TIDAL through you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to us through the website, an application or otherwise, you represent that you have the permission of a parent or guardian to do so and who agrees to this Agreement on your behalf. If you are a parent or guardian and believe TIDAL may have inadvertently collected personal information from your child, please notify TIDAL immediately by sending an email to: support@tidal.com detailing the basis of your belief and your request.

3. PURCHASE, PRICE INFORMATION AND PAYMENT TERMS

You must have reached the age of 18 years or have the consent of a parent or a guardian in order take out a subscription to the Service or to make any purchase in connection with the Service.

Subscription. Certain aspects of the Service provided by TIDAL, third parties, or both may require you to purchase a subscription for a period of time as specified during sign-up thereto (collectively a “Subscription”). Your Subscription, which may start with a price promotion, will automatically continue on a Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it.

Promotion. TIDAL and our partners may offer special promotions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at sign-up or other communications made available to you.

Payment Methods. In connection with any and all Subscriptions that you select to purchase you must provide us with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription purchases are subject to the Agreement and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any Subscription, you hereby authorize TIDAL to debit the total cost of said Subscription and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for costs associated TIDAL's efforts to collect amounts due. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. We reserve the right to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate, in our sole discretion.

Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be paid in a single upfront payment while other Subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single upfront payment, the total Subscription fee is due and payable to TIDAL immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.

Automatic Renewal. In order to provide continuous service, TIDAL automatically renews all Subscriptions on the date the Subscription expires. Such renewals will be for the same duration of the original subscription term (30 days) and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single upfront payment or an installment basis). By enrolling in a Subscription, you agree that your Subscription will be subject to the above described automatic renewals. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional offer and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.

IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY: (i) visiting your account settings page (https://my.tidal.com/account), going to the section called “Subscription” and clicking on “Cancel my subscription” or (ii) sending an email request, along with your reason for cancellation, to support@tidal.com. TIDAL will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request.

There will, as a main rule, be no lock-in period. Nevertheless, certain subscriptions may be subject to a lock-in period, in which case this will be clearly communicated upon placing an order. Termination of a Subscription without lock-in period will take effect at the end of the period for which you have made payment. Termination of a Subscription subject to a lock-in period will take effect upon the expiry of the lock-in period.

4. SPECIAL OFFERS

If you have received or purchased access to TIDAL as part of a special offer, campaign or a partner deal (“a Special Offer”), then the terms presented as part of such Special Offer is a part of this Agreement. Special Offers will unless otherwise is specified only be valid for customers in the country where it is issued.

5. RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE

The Service shall be for private use only and use of the Service in commercial or public settings is not permitted.

The Service shall not be used in any manner that may violate the restrictions applicable to the utilization of the Service content. These include, but are not limited to, prohibitions against (i) any form of technical intervention in the Service for purposes of using the Service in any other manner than that intended and permitted under the present Agreement; (ii) copying and/or making public any Service content; (iii) assigning any username or password to anyone else; (iv) circumventing any technical mechanisms within the Service that have been established to protect content from reproduction/distribution; (v) using the service in violation of applicable law; and (vi) failing to respect applicable geographic/territorial restrictions.

We may suspend your access to the Service if we have reason to believe that you is abusing the Service, for example by way of the Service being used by any other person than those permitted under your subscription.

The Service may include components that make use of temporary storage of content on the various platforms (also called ”offline mode”). You access to this content for as long as you have valid access thereto your subscription. It is not permitted to gain access to such content via other mechanisms than those available via the Service. Such content shall not be copied and/or made available outside the Service.

6. APPLICATION LICENSE

By “Application” we mean an application or other technical interface provided by the Supplier that is used to access the Service. Subject to the terms of this Agreement TIDAL hereby grants you a personal, non-exclusive, non-transferable, limited and revocable license to download, run and use the Application for personal on relevant devices owned or controlled by you. Such license also applies to updates and upgrades that replaces or supplement in any respect and which are not distributed with a separate license and any documentation.

7. CONTENT COPYRIGHT RESTRICTIONS

The Service content is the property of third parties, and is made avaiable only for your personal use. All copying, distribution or other use of such content is prohibited without the prior written consent of the content rights holders. You have no right to engage in the commercial use, sale, resale, making of copies, distribution or promotion of the content. Neither shall you have any right to any use that requires a public performance license. You shall only use the content on platforms which are at your disposal for your personal use, and which support the technical protection system. You shall refrain from circumventing the technical protection system. Unauthorized use may represent a violation of applicable legislation.

8. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

TIDAL in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to TIDAL a notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.
For notice of claims of copyright or other intellectual property right infringement, TIDAL can be reached by sending a claim to Copyright department, Aspiro 2 AB, Gråbrödersgatan 2, 21121 Malmö, Sweden or by email to support@tidal.com.

9. PROCESSING OF PERSONAL DATA

The Supplier processes personal data in compliance with the TIDAL Data Protection Policy.

10. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice witch are hereby offered as a convenience to you:

The name, address of the provider of this service is: Aspiro 2 AB, Gråbrödersgatan 2, 21121 Malmö, Sweden. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@tidal.com email.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210

11. THE RIGHTS OF THE SUPPLIER

If you fail to make payment or perform its other obligations under the Agreement, and such failure is not caused by circumstances on the part of the Supplier, the Supplier may, taking the interest of the user in account, deny further access to the Service.

You are aware that the Supplier is sending service-related information to the Customer in the form of e-mails and, where you have made your mobile number available for this purpose, by text messages.

12. WARRANTY, DISCLAIMER OF LIABILITY IN RELATION TO THE SERVICE

The Service is provided as is and the Supplier reserves the right to change functionality and content offered under the Service on an ongoing basis.

The liability of the Supplier arising from any error or other circumstance that may give rise to liability in relation to the Service shall – except for instances of any physical harm, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Service for the relevant month.

Technical problems such as temporary non-availability of individual parts of the Service or the short-term unavailability of the whole service itself must be expected and shall not constitute breach of the Agreement. Updates to the Service may take place on a regular basis. The Supplier reserves the right to add or remove support for specific devices.

13. LAW AND DISPUTE RESOLUTION

We will at all times treat personal data as set out in this policy and at all times comply with applicable data protection legislation and regulations.

14. AMENDMENT OF THE TERMS AND CONDITIONS

The Supplier may at reasonable notice amend the terms and conditions of the present Agreement or introduce new provisions, terms or conditions governing the use of the Service. Where such changes are to have effect for an ongoing subscription, you will be notified in writing of any amendments and the revised terms. You will be given a specific deadline of four weeks from receipt of such amended terms for objecting against application of such amended terms and conditions to the Agreement. In the absence of such objection, the revised terms will be deemed agreed. Supplier will inform you of this and the effect of not objecting in time at the time of communication of the revised terms.

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TIDAL DATA PROTECTION POLICY

1. INTRODUCTION

This policy sets out how Aspiro 2 AB (“TIDAL” or “we”) handle personal data in the TIDAL music streaming service and on associated websites.

By personal data we mean information that can be used to uniquely identify a single person.

If you have questions about this policy please feel free to contact us by sending an email to support@tidal.com.

2. CHILDREN AND PRIVACY

We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the TIDAL music streaming service or the associated websites. If you are 13 - 17 years of age, you may visit, browse and use the information on the websites but you may not register an account or submit any personal information. If you are 13 - 17 years old, by browsing the website, using or accessing the service you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to support@tidal.com.

3. COLLECTION AND USE OF PERSONAL DATA

When you register as a user for the TIDAL Music streaming service you provide us with certain information that we store. When you use the service we store information generated by your use of the service, such as favourites, playlists created, tracks played and downloaded, activity in the TIDAL applications, offlined tracks, time of log-in, what version of the TIDAL client you use and similar. If the service is accessed via a handheld device we also store a number that uniquely identifies the device. Information that you add to your profile like e.g. your age will also be stored. If you reply to surveys that we have provided, the information you provide will be made anonymous unless otherwise specified.

This information is used to provide the service to you, to calculate settlement towards the content owners and in order to improve the service.

4. SHARING INFORMATION WITH THIRD PARTIES

We will not share your personal data with third parties except in the following situations:

a) when you have given us consent to share such personal data. This can for instance be in relation Facebook or Last.fm (as further described in section 7 below) or other;

b) when necessary for billing purposes, we share information with the billing provider to facilitate billing. The payment information is stored by the billing provider and not by TIDAL;

c) when we engage third parties to perform services on behalf of us in relation to the TIDAL service, either companies that are affiliated with us or third parties. In such cases we will remain responsible for your personal data and ensure that all handling of the data will be in accordance with this policy and applicable laws; and

d) where required by applicable legislation.

We will never sell your personal data to third parties or allow third parties to have access to your data for their own purposes.

5. COMMUNICATIONS

If you have provided us with your email address or your phone number we will only use this information to communicate with you in matters relevant to the service. Such information includes receipts for payment, information about changes in the service, changes in the end user agreement and this policy. We will not use this information to send you information about third party services.

If the legal statuary requirements are met or if you have opted in, we will send you our newsletter and similar information. You can at any time give us notice that you no longer want to receive such communication.

6. SERVER LOG FILES

Usage of the service and visits to our website are logged in the server log files. These log files include the IP address of the device who accessed the website or the service together with the time of the use and which resource that was requested. If the user is logged in it may contain a reference to the user.

The log file of the service is used to create anonymous usage statistics that are used to settle with the owners of the content and in order to analyze the usage of the service.

7. COOKIES AND SIMILAR TECHNOLOGIES

A cookie is a small file that is placed on your device that allows TIDAL and our partners to recognize your device when you return to the web page. We use cookies to offer log-in functionality, to remember user preferences and to understand how our web pages are used.

We use both temporary (“session”) and persistent cookies. You can delete cookies in your browser anytime and you can also block cookies from being placed. This may however impact the functionality of the service.

In addition to our own, cookies are also placed by Google Analytics as described below.

8. INTEGRATION WITH THIRD PARTY SERVICES

Google Analytics: We use Google Analytics from Google (Google Inc, US) on our web pages to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics be informed that it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout

Last.fm: If you enable the function “Scrobble to last.FM” in the settings of your TIDAL client we will log your plays with last.FM (Last.FM Limited, UK). Please refer to last.FM’s privacy policy to understand how last.FM deals with your data.

Facebook: If you enable the function “Connect to Facebook” in the settings of your TIDAL client we will share your favourites with Facebook (Facebook Ireland Limited, Ireland) enabling your Facebook friends to see your favourites and enabling you to see your Facebook friends’ favourites. Further if you use the function “share” you can post to your Facebook account directly from the TIDAL client. Please refer to Facebook’s privacy policy to understand how Facebook deals with your data.

Twitter: If you use the function “share” you can post to your Twitter account (provided by Twitter Inc, US) directly from the TIDAL client. Such posting might involve sharing personal data. Please refer to Twitter’s privacy policy to understand how Twitter deals with your data.

9. INTEGRATION WITH THIRD PARTY WEBSITES

We may link to third party websites. TIDAL cannot control or be held liable for third parties’ privacy policies and content. Please refer to the site’s privacy policy to understand how the site deals with your data.

10. SAFEGUARDING OF PERSONAL DATA

We store your data in a secure manner on restricted and protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data.

11. RETENTION OF PERSONAL DATA

We will retain your personal information only for the period necessary to fulfill the purposes outlined in this policy. When it is no longer necessary to store the data it will be deleted or made anonymous in a safe and permanent manner or the access to it will be blocked to the extent that statutory data retention requirements apply.

12. DETECTION OF MISUSE OF THE SERVICE

If there is suspicion of misuse of the service, we might combine data collected in accordance with this policy with other information in order to investigate the extent of the misuse and who is responsible.

13. COMPLIANCE

We will at all times treat personal data as set out in this policy and at all times comply with applicable data protection legislation and regulations.

14. NOTICES, CONSENTS & CONTACT

If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses or similar, please feel free to contact us e.g. by sending an email to support@tidal.com.

15. AMENDMENTS TO POLICY

The TIDAL streaming service is subject to constant improvement and future changes may influence what data we store and how we process it. This policy might be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data. The current version of the policy can be found at https://my.tidal.com/privacy.

16. NOTICE OF CALIFORNIA PRIVACY RIGHTS

If you are a California resident and have provided personal information to TIDAL, you might request certain information regarding any disclosure that may have been made by TIDAL to third parties of personal information for their direct marketing purposes. To make such a request, contact us at: Aspiro 2 AB, Gråbrödersgatan 2, 21121 Malmö, Sweden

The request may be sent to the above address or to support@tidal.com and should specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. TIDAL is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above address.

As mentioned in section 4 above we will not share your personal information with third parties for their direct marketing purposes.

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