End User License Agreement for the Offtrack app by Offtrack Inc.

By downloading the Offtrack app and using our service (hereinafter “Services”), Licensee agrees to be bound by the following terms of service:

1. This software license is entered into by and between Offtrack Inc. (hereinafter “Offtrack”) and the person licensing the Services (hereinafter “Licensee”).

2. The use of the Services by Licensee is subject to the Apple Licensed Application End User License [http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/] (hereinafter referred to as the “EULA”), which Licensee agrees to when using the Services.

In addition, the following terms of service apply:

3. 3rd-Party Services:

3.1 Our Services may enable the use of 3rd-Party Services. When using 3rd-Party Services you agree to always use the 3rd-Party Services in consistence with the terms and conditions of the 3rd-Party providers.

3.2 Offtrack does not guarantee and is not liable for compatibility with 3rd-Party Services. Offtrack reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any 3rd-Party Services at any time without notice or liability to you.

3.3 Spotify

3.3.1 Our Services are using the Spotify iOS SDK. Through the use of our Services, Licensee will be able to access the subscription music service owned and operated by Spotify AB, which Spotify AB makes available to end users behind a paid subscriber wall (hereinafter referred to as the “Music Service”).

3.3.2 The Spotify iOS SDK and the Music Service are proprietary to Spotify AB. All intellectual property rights and copyright in and to the Spotify iOS SDK and the Music Service are exclusively owned by Spotify AB.

3.3.3 All rights and obligations regarding this software license are by and between Offtrack and Licensee. They are solely governed by the EULA and the terms and conditions of this End User License Agreement.

3.3.4 Spotify AB is neither liable for the Spotify iOS SDK, its merchantability, fitness for a particular purpose or non-infringement of third party rights, nor for the Music Service, its availability or its accessibility via our Services.

3.3.5 Any collection of personal data is solely subject to the privacy policies of Offtrack and not to the ones of Spotify AB. For further information see https://www.offtrack.com/privacy.

3.4 ZTX LE Time Stretch/Pitch Shift technology licensed from Zynaptiq GmbH,

http://www.zynaptiq.com/ztx(c) Zynaptiq GmbH

4. Subscription

If Licensee uses our Services on a paid subscription basis the following terms apply:

4.1 The payment will be charged to Licensees iTunes Account at confirmation of purchase.

4.2 Auto Renewing: The subscription automatically renews until cancelled in the Manage Subscriptions section of the Licensees iTunes account settings. Offtrack will notify the Licensee if the price of the subscription increases and, if required, seek his consent to continue.

4.3 Payment: The Licensee will be charged no more than 24 hours prior to the start of the latest subscription period. If the charge of your payment method cannot be made for any reason (such as expiration or insufficient funds), and the Licensee has not cancelled the subscription, the Licensee remain responsible for any uncollected amounts, and we will attempt to charge the payment method as he may update his payment method information. This may result in a change to the start of the next subscription period and may change the date on which he is billed for each period.

4.4 Free trial: If Offtrack offers a free trial and the Licensee decides to unsubscribe from a subscription before he gets charged, he may cancel the subscription before the free trial ends.

5. Intellectual Property Rights

5.1 Licensee agrees that our Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Offtrack, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Licensee agrees that he will use such proprietary information or materials in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by Offtrack. Licensee agrees not to modify, rent, loan, sell or distribute the Services or content in any manner, and he shall not exploit the Services in any manner not expressly authorised. Additional audio and visual material included in and accessible through the Services may be protected by copyright of third parties.

5.2 When using our Services Licensee may not infringe the rights of copyright holders. Offtrack is not liable for the infringement of third party rights by the use of the Services of the licensee. The licensee shall indemnify Offtrack from all claims of third parties.

6. Privacy

The use of the Services is subject to our Privacy Policy. For further information see https://www.offtrack.com/privacy.

Last updated March 2020