Terms and conditions
Last modified: Feb 19, 2024
Terms of Service
Property rights
Ownership: All themes, content, and materials provided by the Company are protected by copyright and intellectual property laws. You may not reproduce, distribute, or modify any part of our themes or materials without our explicit written consent.
Pricing: Prices for our themes are subject to change without notice. The Company reserves the right to modify or discontinue themes or services at any time without liability.
Payment: All payments are processed securely through PayPal. You agree to provide accurate and complete payment information and authorize us to charge your payment method for all purchases made through our Services.
Compatibility with the Services
You agree to cooperate fully with CloudMusic in connection with CloudMusic’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, CloudMusic is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by CloudMusic to provide the Services, which may be changed by CloudMusic from time to time in our sole discretion.
Property rights
Ownership: All themes, content, and materials provided by the Company are protected by copyright and intellectual property laws. You may not reproduce, distribute, or modify any part of our themes or materials without our explicit written consent.
Pricing: Prices for our themes are subject to change without notice. The Company reserves the right to modify or discontinue themes or services at any time without liability.
Payment: All payments are processed securely through PayPal. You agree to provide accurate and complete payment information and authorize us to charge your payment method for all purchases made through our Services.
Billing and Payment Information
Multiple Accounts
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal
Unless otherwise provided, you agree that until and unless you notify CloudMusic of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CloudMusic’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, CloudMusic may suspend or terminate your account and service and pursue the collection costs incurred by CloudMusic, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. CloudMusic will not activate new orders or activate new plans for customers who have an outstanding balance on their account.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. CloudMusic may report any such misuse or fraudulent use, as determined in CloudMusic’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by CloudMusic. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Money-back Guarantee
CloudMusic offers a thirty (30) day money- back guarantee for CloudMusic’s streaming services only. Subject to the terms described herein, if you are not completely satisfied with the music streaming services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for service. This money-back guarantee only applies to fees paid for streaming services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
Payment Method
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your account instead of a refund.
Money-back Guarantee
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the CloudMusic Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic service fees previously paid by you to CloudMusic for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section. Requests for these refunds must be made in writing to the CloudMusic Support Team. Refunds will only be issued for music streaming services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
There are no refunds on administrative fees, license fees, and install fees for custom installations.
Cancellation Process
You may terminate or cancel the Services by giving CloudMusic written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) CloudMusic may, in our sole discretion, refund all pre-paid fees for basic streaming services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” CloudMusic will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a 48 hours after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Canadian dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation, and CloudMusic is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
CloudMusic may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm CloudMusic or others or cause CloudMusic or others to incur liability, as determined by CloudMusic in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, CloudMusic shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, CloudMusic may charge you for all fees due for the Services for the remaining portion of the then current term.
Price Change
CloudMusic reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by CloudMusic through the user billing tool or through other methods of communication, including notices sent or posted by CloudMusic.
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of CloudMusic Services and products, unless otherwise specified.
Limitation of Liability
IN NO EVENT WILL CLOUDMUSIC ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF CLOUDMUSIC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLOUDMUSIC’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLOUDMUSIC FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless CloudMusic, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Independent Contractor
CloudMusic and User are independent contractors and nothing contained in this Agreement places CloudMusic and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law/Dispute
The Agreement shall be governed by the laws of the Province of British Columbia, exclusive of its choice of law principles, and the laws of the Canada, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. THE EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE PROVINCIAL AND FEDERAL COURTS IN BRITISH COLUMBIA, CANADA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
Opt-Out
You may opt-out of this dispute resolution provision by notifying CloudMusic within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to: support@cloudmusic.ca attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with CloudMusic through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of Province of British Columbia, Canada.
Class Action Waiver
You and CloudMusic agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Disclaimer
CloudMusic shall not be responsible for any damages your business may suffer. CloudMusic makes no warranties of any kind, expressed or implied for the Services. CloudMusic disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by CloudMusic or our employees.
Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Changes to the Agreement or the Services
CloudMusic may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the CloudMusic website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
CloudMusic reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Electronic Notices
The communications between you and CloudMusic use electronic means, whether you visit the Platform or send CloudMusic e-mails, or whether CloudMusic posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from CloudMusic in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that CloudMusic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Subscription Services Agreement
The CloudMusic Customer Support Policy can be viewed here.
Contact information
If you have any questions or concerns about these Terms and Conditions, please contact us at : support@cloudmusic.ca
By using our Services, you agree to abide by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference.