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Terms of Service Soulside App

Terms of Service
1. Explanation of our use and business relationship
Soulside is a platform for creating and sharing self-created 3D content (the "Platform"). These terms of use (the
"Terms of Use") are the agreement between you and us.
They set out the terms and conditions under which you may access and use the Platform and our related
websites (such as Soulside.app), services, applications, products and other content offered under these Terms of
Use (collectively: the "Services").
The Services are provided by the company that provides the Services in your region ("Soulside", "we" or "us"):
1. Persons resident in the European Economic Area ("EEA"): The Services are provided by Selfbeat
GmbH, a company affiliated with the
2. Place of business Auguststraße 28, 10117 Berlin and the HRB 635755 in Berlin, Germany
Your service provider may change if you move to another country and continue to use our services. The services
are provided for personal, non-commercial use. For purposes of these Terms of Use, the terms "you" and "your"
refer to you as a user of the Services.
The Terms of Use constitute a legally binding agreement between you and us. Please take the time to read these
Terms of Use carefully. If you do not agree with them, please do not register, access or use the Services.
2. Description of the services
The services and the platform are only intended for persons who are at least 13 years old.
You may use the Services and the Platform via the mobile applications of Soulside ("App"). Not all services or
features may be available in your country or region. Different versions of the Services may have different features
available. Certain features may not be available to users under a certain age.
The Services allow you to create, publish and share (the "Sharing") 3D Spaces with content created by other
users. They also allow you to interact with these 3D Spaces and with other users.
Create and share 3D Spaces
1. You can create 3D Spaces or import them into the services
2. You can edit 3D Spaces of other users and enrich them with additional elements, but only if the creator
of the 3D Space in question allows the use of his content for these purposes. As long as you allow the use
of your Content for these purposes, other users may use your Content in their own 3D Spaces.
3. You may publish 3D Spaces within the Services so that other users can view your 3D Spaces. The 3D
Spaces that you publish as public are available within the app for other users to view.
4. You may share your 3D Spaces or 3D Spaces of others who have allowed sharing of their 3D Spaces
via various messaging services and on third party social media platforms (e.g. Instagram, Facebook,
YouTube) in accordance with their respective terms of use as long as we have provided the opportunity to
do so. Not all third party social media platforms are connected yet, so it does not yet work for all of them,
but new ones are being added continuously.
5. You can enter a description, tags and various privacy settings, such as making the 3D Space public or
keeping it private, when publishing a 3D Space.
6. You can also set a profile picture in your public user profile as well as a username that you can create
yourself.
View 3D Spaces
You can view 3D Spaces of other users of the services. In particular:
1. You can view 3D Spaces that others have shared as public or 3D Spaces of users that you follow
through the bookmarking function.
2. Soulside provides you with an individual "Bookmarks" page. There you can see recommendations for
3D Spaces that have been selected by the services based on which users or 3D Spaces you have
bookmarked and therefore might be interesting for you.
3. The service also offers other ways to find content you can view, such as a list of other users' 3D Spaces
in their profile, a search function and a category selection.
Interaction with other users
1. Follow "Bookmark": You can follow other users.
2. Collaborate "Tweaks": you can place content in the 3D Spaces of other users, it will appear when the
other users share it.
Restrictions of the services:
We strive to provide the Service without significant interruptions and to continuously improve it. However, the
Service may be unavailable in whole or in part for certain periods of time due to planned or unplanned downtime,
maintenance or technical problems.
3. Agreement to the terms of use
For your registration, access to or use of the Services, you must be able to enter into a legally binding contract
with Soulside that contains these Terms of Use. You must also be at least 13 years of age, agree to be bound by
these Terms of Use and agree to abide by them.
Your access to and use of the Services is also subject to our Platform Guidelines. You can find the applicable
terms and conditions directly on the Platform or, if the Platform is made available via download, on the applicable
App Store for your mobile device. These additional guidelines and policies are incorporated into this legally
binding agreement between you and us by reference.
Please also read our Privacy Policy as it describes how we use your personal information.
If you are accessing or using the Services on behalf of any business or entity, the following applies: (a) the terms
"you" and "your" include you and that company or entity; (b) you must be an authorized representative of the
company or entity authorized to bind the organization to these Terms and agree to these Terms on behalf of the
organization; and (c) your company or entity is legally and financially responsible for your access to and use of
the Services, as well as for access to or use of your account by others associated with your organization. This
includes, without limitation, employees, agents or subcontractors.
4. Changes in the terms of use and services
We regularly integrate innovations into our services and change and improve them. In addition, we may change
these Terms of Use as necessary, for example, when we update functionality of the Services or when there are
legal changes that affect these Terms of Use or the Services.
We will give you reasonable notice in advance of any material changes to these Terms of Use or to our Services
that are materially detrimental to you or that materially restrict your access to or use of our Services. This is done
by means of a notice on our platform. However, you should also regularly check these Terms of Use yourself for
changes. If we make changes, we will also change the date indicated at the very beginning of the terms and
conditions under "Last updated". We do not permit the use of the services by persons who do not agree to and
comply with our Terms of Use. Therefore, your continued access to or use of the Services after the effective date
of the new Terms of Use will be deemed to be your acceptance of these new Terms of Use. If you do not agree to
the amended Terms of Use, you must immediately cease accessing and using all Services and, if applicable,
close your account.
We may not be able to notify you in advance of any changes to the Terms of Use or Services that we need to
make to comply with security, legal or regulatory requirements. However, we will notify you as soon as possible.
5. Your account with us
To access and use some of our services, you will need to create an account with us. When creating this account,
you must provide true and current information. It is important that you maintain and promptly update your
information and any other information you provide to us so that it is always current and complete. The terms of
use are also available to you at any time via the platform. It is also important that you keep the password for your
account confidential and do not disclose it to third parties. If you know or suspect that a third party knows your
password or has accessed your account, you must notify us immediately. To do so, please send an e-mail to:
support@soulside.app
6. Termination
We reserve the right to suspend or terminate your user account temporarily or permanently or to limit or restrict
your access to parts or all of the Services. We are not obliged to give prior notice of any such action. This right
applies to the suspension and/or termination with or without cause. Possible reasons include but are not limited
to
1. We reasonably believe that you have breached the Terms of Use, including the agreements and
guidelines (Platform Guidelines) included herein, or any applicable laws or regulations, or have objective
reasons to believe that such breach is imminent;
2. There is activity under your account that, in our sole discretion, causes or may cause damage to us or
our Services or interferes with or is likely to interfere with us or our Services or infringes or may infringe
the rights of any third party (including intellectual property rights)
3. To comply with any relevant request from law enforcement or other governmental authorities under any
applicable legal process;
4. Unexpected technical or security problems have occurred; or
5. There is no activity on your account for long periods of time.
If we permanently suspend or terminate your account, we will notify you in advance so that you have sufficient
time to access and store your information and content. However, this does not apply if we have reason to believe
that continued access to your user account would cause harm to us or our services or would violate a request
from law enforcement or other governmental authorities or applicable laws or regulations or the rights of third
parties.
Subject to any legal rights you may have, in the event of temporary or permanent suspension or termination of
your account, access to your user name, password and any related information, as well as any Content
associated with your account, may also be suspended or terminated. Because we cannot guarantee the
continued availability of your Content, you should make back-up copies of all Content that is important to you.
If you no longer wish to use our services, you can request the deletion of your account by sending us a deletion
notice via email to support@soulside.app. We will be happy to provide further assistance and guide you through
the process of deleting your account.
Please note: if you decide to delete your account, it cannot be reactivated to retrieve content or information you
have stored there.
7. Your use of the Services
Your access to and use of the Services is subject to these Terms of Use and all applicable laws and regulations.
You are not permitted to do the following:
1. access or use the Services unless you are at least 13 years old or unable to consent to these Terms of
Use
2. copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works
from the Services, including any files, tables or documentation (or any part thereof), or determine or
attempt to determine the source code, algorithms, methods or techniques embedded in the Platform, or
create derivative works from the Services, unless we have given our prior express consent to such
activities;
3. distribute, license, transmit or sell the Services or any derivative works based thereon in whole or in
part;
4. market, rent or lease the Services for a fee or use the Platform to advertise or post commercial offers,
unless we have expressly given our prior consent to such activities;
5. use the Services for commercial or unauthorised purposes, including communicating or facilitating
advertising or solicitation or spamming, without our express written consent;
6. interfere or attempt to interfere with the proper working of the Services or disrupt the Platform, our
website or other networks connected to the Services, or circumvent measures that we may use to prevent
or restrict access to the Services
7. integrate the Platform or any part thereof into another program or product. In such a case, we reserve
the right to deny the Services, terminate accounts or restrict access to the Services at our discretion;
8. use automated systems or software to extract data from the Services for commercial purposes. This
applies regardless of whether or not these systems or software programs are operated by third parties;
9. pretend to be another person or entity, or falsely state or otherwise misrepresent yourself or your
relationship with another person or entity. This includes creating the impression that any Content that you
upload, post, transmit, distribute or otherwise make available is derived from the Services;
10. intimidate or harass others or promote sexually explicit materials, violence or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age;
11. use or attempt to use another's account, service or system without authorization from Soulside, or
create a false identity within the Services
12. use the Services in a manner that may cause a conflict of interest for you or us or otherwise undermine
the purposes for which the Services are intended. Examples include exchanging reviews with other users
or creating or requesting reviews that are intended to promote products or services;
13. use the Services to upload, transmit, distribute, store or otherwise make available, whether
intentionally, recklessly or negligently, the following:
● Materials that violate applicable laws or infringe the rights of others;
● Computer viruses, Trojan horses, worms, logic bombs or other materials that are malicious or
technologically harmful;
● unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain
letters", "pyramid schemes" or any other prohibited forms of solicitation;
● material that infringes or may infringe or may infringe another person's copyright, trademark or
other intellectual property rights;
● Materials that violate the privacy or personal rights of another person or a deceased person;
● material that defames a person or is obscene, offensive, pornographic, hateful or inflammatory;
● Material that constitutes, promotes or provides instructions for criminal offences, dangerous
activities or self-harming behaviour;
● Materials that are designed to provoke or annoy people, including but not limited to "trolling" or
bullying, or that are intended to harass, harm, injure, frighten, harass, embarrass or upset
people;
● Materials that contain a threat of any kind, including threats of physical violence;
● racist or discriminatory material, including discrimination on the basis of race, religion, age,
gender, disability or sexuality;
● answers, reactions, comments, opinions, analyses or recommendations for which you are not
properly licensed or otherwise qualified;
● Materials that in our sole discretion are offensive or which may restrict or inhibit any other
person from using the Services or which may expose Soulside, the Services or users to any
harm or liability of any kind.
We reserve the right to permanently or temporarily remove or suspend access to Content at any time and without
prior notice if, in our sole discretion, the Content violates or may violate these Terms of Use or our Platform
Policies, the rights of third parties (including intellectual property rights) or applicable laws or regulations, or is
otherwise harmful to the Services, our users or third parties.
8. Intellectual property rights
We expect you to respect the rights of others and not violate them. As a condition of your access to and use of
the Services, you agree not to infringe the intellectual property rights of others when using the Services. An
example of this is, among other things, that you agree not to upload unauthorized content to the Services that is
the property of another person.
9. Contents
1. In the relationship between you and Soulside, all content, software, images, text, graphics, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, video, music, and the look and feel of the
Services, the Platform and the App, and all intellectual property rights related thereto (the "Soulside Content") are
either owned by or licensed to Soulside. It is assumed that you or your licensors are the owners of the User
Content (as defined below) that you upload or transmit through the Services. Your use of the Soulside Content or
other materials made available through the Services for any purpose other than as expressly permitted by these
Terms of Use is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced,
distributed, transmitted, transcribed, broadcast, displayed, displayed, sold, licensed or otherwise exploited for any
purpose whatsoever without the prior express written consent of us or our licensors. We and our licensors
reserve absolutely and unconditionally all rights in such content and materials arising out of or in connection with
the Services and the Soulside Content, except as expressly granted.
2. In order to cover our costs and maintain our infrastructure and to continue to provide you with good service, we
rely on income. Examples of revenue may come from the sale of advertising, sponsorship, promotions, usage
data and sponsorship items. Except as otherwise expressly provided in these Terms of Use or in any other
agreement between you and us, you are not entitled to any share of the revenue, goodwill or value of our
business. Except as otherwise expressly provided in these Terms of Use or any other agreement between you
and us, the following applies:
(i) You are not entitled to any revenue or other compensation from the User Content (as defined below)
or from your use of any musical works, sound recordings or audiovisual clips made available to you
within or through the Services. This also includes User Content created by you;
(ii) You are prohibited from exercising any rights to monetize User Content within our Services or the
Services of third parties (including, without limitation, YouTube, Facebook, Instagram or other social
media platforms) or to obtain any consideration for doing so. This applies to the extent that User Content
has been edited or otherwise modified in any way within the Services, including the use of Soulside
Elements (as defined below).
3. You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide
license to access and use the Services, subject to these Terms of Use. This license includes downloading the
Platform to a permitted device and accessing the Soulside Content through your use of the Services, but only for
your personal, non-commercial use and in accordance with these Terms of Use. Soulside reserves absolutely
and unconditionally all rights to the Services and the Soulside Content not expressly granted in these Terms of
Use. You acknowledge and agree that this license granted to you with respect to the Services will automatically
terminate upon termination of your account or these Terms of Use.
4. You are not granted any kind of rights to use any music that we provide through the Services
5. You view the content provided by others within the services at your own risk. The content of our services is
provided solely for general information and entertainment.
6. We make no representations or warranties, express or implied, that the Soulside Content (including the User
Content) is accurate, complete or current, and make no warranties of any kind. Where the Services contain links
to other websites and resources provided by third parties, these links are provided for your information only. We
are not aware of and have no control over the content available on or through these websites and resources. You
hereby acknowledge and agree that we have no liability whatsoever with respect to such content. The use of
these links should not be construed as an endorsement of the linked websites or the information you may obtain
on or through them. We have no obligation to review, monitor, post-publish or edit any Content (including User
Content) posted by you or any other user of the Platform prior to posting.
Content created by our users:
1. Users of the services may be permitted to upload, publish or transmit content via the services (e.g. via a
stream) or otherwise make it available This includes in particular texts, photos, videos, sound recordings and the
musical works contained therein, which are uploaded into the Services or otherwise made available via the
Services ("User Content"). You acknowledge and agree that users of the Services may extract, in whole or in
part, User Content uploaded or otherwise made available by you through the Services in order to create new
User Content. This includes User Content created by the collaboration of multiple users, combining and merging
User Content created by you and other users.
2. Users of the Services may also embed music, graphics, stickers, virtual items and other elements provided by
Soulside ("Soulside Elements") into User Content and transmit such User Content through the Services. We have
not reviewed or approved the information and materials in the User Content. This also applies to User Content
that contains Soulside Elements. The views expressed by other users of the Services do not reflect our views or
values.
3. If you access or use features that allow you to upload or transmit User Content through the Services or to
contact other users of the Services, you must comply with the standards described in Section 7 above. This also
applies to uploading or transmission via certain third-party social media platforms such as Instagram, Facebook,
YouTube. You may also decide to upload or transmit your User Content, including that containing soul side
elements, to websites or platforms hosted by third parties. You represent and warrant that such submissions
comply with these standards. You will be liable to us for any breach of this representation and will indemnify us in
this respect. This means that you will be responsible for any loss or damage we suffer as a result of your breach
of this representation.
4. All User Content will be considered non-confidential. You may not post or transmit to us any User Content on
the Services or through the Services that you consider confidential or proprietary to others. If you submit User
Content through the Services, you agree and represent that you are the owner of such User Content or that you
have received or have been authorized by the owner to receive all necessary consents or releases from the
owner to upload such User Content to the Services, to transmit it from the Services to third party platforms and/or
to use such User Content within the Services or otherwise through the Services.
5. If you only own the rights to a sound recording, but not to the underlying musical work contained therein, you
may not upload or otherwise make available such sound recordings through the Services. You may not do so
unless you have all the permissions or releases from the owner to transmit the Content to the Services or have
been authorized by the owner to do so.
6. Except as expressly provided in these Terms of Use, the copyright and other intellectual property rights in any
User Content submitted to us shall remain vested in you or the person entitled to such User Content. However,
by submitting User Content via the Services, you grant the following rights:
(i)Grant us and our affiliates or agents, service providers, partners and other related third parties an
unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sublicense), perpetual,
worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or
distribute your User Content and to authorise other users of the Services and third parties to view, access, use,
download, modify, adapt, reproduce, create derivative works from, publish and/or transmit such User Content, in
all formats and on all platforms, whether already known or later developed;
(ii) Grant other users of the Services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual,
worldwide license to use, modify, adapt, reproduce, create derivative works from, download, publish and/or
transmit and/or distribute all or any portion of Your User Content, in all formats and on all platforms, whether now
known or hereafter developed, for the purpose of creating User Content or viewing Your User Content for
entertainment or other personal, non-commercial purposes.
7. You further grant us and our affiliates, agents, service providers, partners and other related third parties a
royalty-free license to use your username, image, voice and likeness to identify you as the source of your User
Content.
8. The rights granted in the preceding paragraphs of this clause include, in particular, the rights to reproduce
sound recordings and to publicly perform and communicate these sound recordings to the public, in each case on
a royalty-free basis. This means that you grant us the right to use your User Content without any obligation to pay
royalties to you or any third party. Such third parties include, but are not limited to, the copyright owner of the
sound recording, the copyright owner of the musical work, a performing rights organization (e.g. ASCAP, BMI,
SESAC, etc.) (a "collecting society"), a sound recording collecting society (e.g. SoundExchange), trade unions or
guilds, and technicians, producers or other parties who may have been involved in the creation of User Content.
Continuation of rights up to the audience
All rights you grant to your User Content under these Terms of Use are provided on a "through-to-the-audience"
basis. This means that the owners or operators of third party services from or in connection with the availability of
your User Content through such third party services shall have no separate liability to you or to any third party.
Waiver of rights to user content
By posting User Content within or through the Services, you waive all rights to pre-screen and approve any
marketing or promotional materials relating to such User Content. You further waive (to the extent permitted by
law) all rights to privacy, personal rights or other rights of a similar nature in connection with your User Content or
any part thereof. You hereby waive (to the fullest extent permitted by law) any moral rights you may have in or
relating to any User Content that you upload or otherwise make available through the Services. You agree never
to assert, support, assert or permit any such moral rights or to support, assert or permit any claim relating to such
moral rights.
You acknowledge and agree that, under certain circumstances, we may also have the right to disclose your
identity to third parties who claim that User Content posted or uploaded by you on our Services infringes their
intellectual property rights or right to privacy.
We, as well as authorized third parties, reserve the right to edit, truncate, edit or refuse to edit your content at our
or their discretion. We have the right to remove, prohibit, block or delete your postings on our Platform if we
believe that the postings do not meet the standards described in Section 7 above ("Your use of our services"). In
addition, we have the right - without being obliged to do so - to remove, prohibit, block or delete, at our discretion,
User Content (i) which we believe to be in breach of these Terms of Use, or (ii) which we believe responds to
complaints by other users or third parties. We are under no obligation to give you prior notice of any such action
and shall have no liability to you. We therefore recommend that you save copies of all user content that you
publish within the Services on your private devices. This is the only way to ensure your permanent access to it.
We do not guarantee the correctness, integrity, appropriateness or quality of User Content and we do not accept
any liability for User Content.
You determine whether your User Content is made publicly available to all other users of the Services through
the Services or only available to certain persons you have designated. You may change the default setting that
determines how your User Content is made available to other users. To do so, navigate within the Services to the
Privacy Settings and follow the simple and clearly explained steps described there.
We are not liable for any content or information submitted by users of the Services and published by us or on our
behalf within the Services or elsewhere by third parties.
If you have any complaints about information or materials uploaded by other users, or if there are other matters
you would like to raise with us, please email us at support@soulside.app.
10. Release from liability
You agree to indemnify and hold Soulside, Soulside's parent, subsidiaries and affiliates and their respective
officers, directors, employees, agents and consultants harmless from and against any and all claims, liabilities,
costs, damages, losses and expenses (including without limitation legal fees) arising out of or related to a breach
of these Terms of Use by you (or any user of your account). This includes in particular a breach of your
obligations, representations and warranties under these Terms of Use.
11. Exclusion of warranty
Nothing in these terms of use affects your statutory rights:
(I)Rights that cannot be contractually modified or waived and (II)Rights to which you, as a consumer, are always
entitled in all circumstances.
Our services are provided to you in their present form. We make no representations or warranties with respect
thereto. In particular, we do not represent or warrant to you that:
1. Your use of the services will meet your requirements,
2. Your use
Your use of the services will meet their requirements;
your use of the Services will be trouble-free, timely, secure or error-free;
The information obtained through your "use of the Services will be accurate or reliable or error-free and;
Any defects in the operation or functionality of any software provided to you as part of the Services will be
corrected.
To the extent permitted by law:
THERE ARE NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER TERMS
APPLICABLE TO THE SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS OF
USE. THIS INCLUDES ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR CONFORMITY WITH A DESCRIPTION. WE MAY CHANGE, SUSPEND,
WITHDRAW OR LIMIT THE AVAILABILITY OF THE PLATFORM IN WHOLE OR IN PART AT ANY TIME FOR
BUSINESS OR OPERATIONAL REASONS. WE ARE NOT OBLIGATED TO MAKE A CORRESPONDING
ANNOUNCEMENT.
12. LIMITATION OF LIABILITY
NO PROVISION OF THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSS, TO
THE EXTENT THAT SUCH EXCLUSION OR LIMITATION WOULD NOT BE LAWFUL UNDER APPLICABLE
LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR
THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND LIABILITY FOR FRAUD
OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS OF
USE OR THE PROVISION OR RECEIPT OF THE SERVICES (I) LOSS OF PROFIT; (II) LOSS OF GOODWILL;
(III) LOSS OF OPPORTUNITY; (IV) LOSS OF DATA; (V) LOSS OF BUSINESS; (VI) BUSINESS
INTERRUPTION; (VII) LOSS OF BUSINESS REPUTATION; OR (VIII) INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND
SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL LIABILITY TO YOU, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY IN TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OF USE OR THE PROVISION OR RECEIPT OF THE SERVICE SHALL BE LIMITED TO
THE GREATER OF THE FOLLOWING TWO AMOUNTS: (I) THE AMOUNT YOU PAID SOULSIDE FOR THE 12
MONTHS IMMEDIATELY PRECEDING YOUR CLAIM AGAINST SOULSIDE OR (II) 100 EURO.
YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE FIRST PARAGRAPH OF THIS CLAUSE 12, WE
SHALL NOT BE LIABLE TO YOU FOR ANY LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEYS'
FEES AND COURT COSTS), COSTS CLAIMS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON
ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT,
STATUTE OR OTHERWISE YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISEMENT OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT IS DISPLAYED WITHIN THE SERVICES; ANY
CHANGES WE MAKE TO THE SERVICES OR THE PERMANENT OR TEMPORARY SUSPENSION OF THE
PROVISION OF THE SERVICES (OR ANY FEATURES OF THE SERVICES); DELETION, DAMAGE OR
FAILURE TO STORE CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED IN
CONNECTION WITH YOUR USE OF THE SERVICES; FAILURE BY YOU TO PROVIDE US WITH ACCURATE
ACCOUNT INFORMATION; OR FAILURE BY YOU TO KEEP YOUR PASSWORD OR ACCOUNT
INFORMATION SECURE AND CONFIDENTIAL.
YOU ARE RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICES OR COMPUTERS INCURRED
THROUGH YOUR USE OF OUR SERVICES. TO PREVENT DAMAGE TO ANY DEVICE WE RECOMMEND
ONLY USING THE Platform FOR ONE (1) HOUR PER DAY.
THESE LIMITATIONS OF OUR LIABILITY APPLY REGARDLESS OF WHETHER WE HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH LOSSES OCCURRING OR SHOULD HAVE BEEN AWARE OF SUCH
POSSIBILITY.
YOU ARE RESPONSIBLE FOR ALL WIRELESS CHARGES INCURRED THROUGH YOUR USE OF OUR
SERVICES, INCLUDING CHARGES FOR SMS MESSAGES AND DATA STREAMS. IF YOU ARE UNSURE OF
THE SPECIFIC CHARGES THAT MAY APPLY, YOU MUST CHECK WITH YOUR MOBILE SERVICE
PROVIDER BEFORE USING THE SERVICES.
13. Other provisions
● Applicable law and place of jurisdiction for persons resident in the EEA
These Terms of Use and any dispute or claim (including non-contractual disputes and claims)
arising out of or in connection with the subject matter of these Terms of Use shall be governed by
the laws of Ireland. In addition, only the laws of your country of residence shall apply. The United
Nations Convention on Contracts for the International Sale of Goods shall not apply, nor shall any
other similar laws, regulations or statutes in force in any other jurisdiction. You and Soulside agree
to submit to the non-exclusive jurisdiction of the courts of Ireland for the resolution of any dispute or
claim (including non-contractual disputes and claims) arising out of or in connection with these
Terms of Use, the subject matter of the Agreement or its creation. This is subject to mandatory local
law applicable in your country of residence or contractual jurisdiction which cannot be waived.
Alternatively, you may submit the dispute to an alternative dispute resolution body. This is done via
the EU Commission's online dispute resolution platform (OS Platform).
UK Residents These Terms of Use and any dispute or claim (including non-contractual disputes and
claims) arising out of or in connection with the subject matter of these Terms of Use shall be
governed by the laws of England and Wales. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply, nor shall any other similar laws, regulations or statutes
in force in any other jurisdiction. You and Soulside agree to submit to the non-exclusive jurisdiction
of the courts of England and Wales for the resolution of any dispute or claim (including
non-contractual disputes and claims) arising out of or in connection with these Terms of Use or their
subject matter or reasoning. Alternatively, you may submit the dispute to an alternative dispute
resolution body. This is done via the EU Commission's Online Dispute Resolution Platform (OS
Platform).
● Open Source The apps contain certain open source software. This open source software is subject to its
own applicable license terms. You can find these in our Open Source Directive.
● Entire Agreement These Terms of Use (including the following supplementary terms) constitute the
entire legal agreement between you and Soulside. They supersede any previous terms and conditions
or terms of use that were in effect for the Services prior to the date indicated above as "Last Updated".
● No waiver Our failure to insist upon or enforce any provision of these Terms of Use (or exercise any
other right or remedy under these Terms of Use) shall not be construed as a waiver of any provision or
right under these Terms of Use. This does not prevent or restrict the future exercise of this or any other
right or remedy.
● Security You are solely responsible for configuring your information technology, computer programs and
your own platform so that you can access our platform. You should use your own virus protection
software.
● Severability Clause If a court of competent jurisdiction finds any provision of these Terms of Use to be
invalid, illegal or unenforceable, that provision shall be deemed severable from these Terms of Use. This
shall not affect the other provisions of these Terms of Use. They shall remain valid and enforceable.
Last updated 18.08.2020