Terms Of Service

When you create an account on Discair.fm (hereinafter referred to as the "Platform"), or use any of the provided functionalities, you agree on the following terms and conditions. The platform reserves the rights to terminate your account without any prior notice and close all pending transactions in case of infringement on any of the following rules.
By using the platform, you also confirm that you have read and agreed on the terms and conditions of any third parties used by the platform. This account for the non exhaustive list of "Deezer", "Youtube", "Soundcloud", "Tidal", "Spotify", "Stripe".

Any questions?

You can send us an email at [email protected].


What you need to know

The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. However, we reserve the right to suspend or close all accounts that do not respect our rules.

Accountability for links Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Copyright on our web pages and their contents are subject to Swiss law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Unauthorized utilization of copyrighted works is punishable by law.


Availability

The platform is still in beta version, meaning the content and current features might change or be removed. We cannot be hold responsible for any impact on your business if you are relying on any of them for the moment.
We are committing to keep the platform available as much as possible so you can enjoy and profit from our services but we do not guarantee 100% availability.


Security

We commit to keep data related to your account secure and in the unfortunate event of any detected data breach, you will receive an email notice to the email address you have used to create your account. You can then take action to secure any other account using the same email. Your credentials used to access your account are encrypted and cannot be read by any bad actors in case of data breach.


Usage

You acknowledge and guarantee that the use of any Service associated to Your User Account shall be made in compliance with the technical and contractual specifications and limits applicable to the platform.
It is Your responsibility to secure both Your hardware and software when using Our Services.
You acknowledge and agree that the use of any of Our Services associated to Your User Account:

  • is expressly excluded from engaging or participating in any way, whether directly or indirectly, in any abusive, illegal or damaging practice for anyone;
  • shall pursue strictly legal purposes and comply with all legal, regulatory and administrative provisions applicable in Switzerland and in the country in which You are located, operate or to which You deliver Your products or provide Your services; and
  • shall respect the rights of third parties (among which, inter alia, are intellectual property rights, personality rights and the secrecy of correspondence);
  • must be appropriate to the age and sensibility of each of the persons to which the Content is destined, directly or indirectly published or made available to.



You guarantee that any person to whom You have granted any right will respect these commitments.
You undertake to set any control measure of the Contents published or transmitted while using the Services associated with Your User account, which the platform reserves the right to control.
You agree to intervene to promptly terminate any unlawful or prejudicial situation and to facilitate the prompt resolution of any problem or dispute related to any Service associated with Your User Account or Your Organizations.
The platform reserves the right to suspend your services, without paying any damages in case of breach of Your contractual obligations, especially in the following instances:

  • if you disturb the platform’s services or damage its infrastructure or resources, especially if your use of the Services disturbs their general functioning and/or is contrary to their technical conditions and limitations specific to each service.
  • if you are in failure to pay in due time and despite the platform’s request for regularization It is specifically stated here that notwithstanding the termination of the concerned Service Agreement, aforementioned cases may also result in the suspension of this agreement and/or of Your Services,

Liability

The platform shall not be held liable:

  • for the inadequacy of the Services provided with the specific objectives pursued in the use of the Services, or with Your needs;
  • for any malfunction, suspension or termination of the Services resulting from the non-compliance with the platform’s instructions, Services’ limitations and technical characteristics while using Our Services or a breach of Your contractual obligations, including but not limited to the provision of inaccurate or obsolete data and / or the failure to provide all required documents and supporting documents;
  • for any breach of the accessibility and operation of Our Services resulting from the software applications that You install and / or use;
  • for any unavailability of Our Services caused by any failure of the Internet network technical actors, networks saturation at certain periods, and / or technical characteristics and limits of the Internet, and Internet access;
  • for any damage to equipment or software using our platform as they shall remain under the sole responsibility of their user(s), the platform having no control nor supervision responsibility on these elements;
  • for any infection, whether by a virus or any other computer nuisance, regardless of technology used;
  • for any negligence, theft or communication to third parties of Your Access Codes, being specified that any use of these Access Codes and / or your User Account will be deemed made by You or with Your agreement until contrary notification sent to us;
  • for any intervention made by the platform on Your User Account and/or on any subscribed Service(s) (in particular in the event of suspension or interruption of the Service) due to technical reasons or unavoidable maintenance operation, pursuant to a legal or regulatory obligation, or pursuant to a court decision, or any other competent authority decision ;
  • for any prejudice suffered by any person to whom You have granted rights in the Services resulting from a breach of Your obligations;
  • for any prejudice suffered by third parties resulting from a breach of Your obligations.



It is expressly agreed between the parties that our platform cannot be held liable for any material or immaterial, indirect damage (such as loss of profits, operating losses, anticipated loss of savings, loss of business opportunities or damage to reputation, loss, damage or corruption of data or Content), which would result from the use of any Service associated with Your User Account, negligence or misuse of such Services, by You or any person to whom You have granted rights to the Services.