Terms of Service

Welcome to JamFactory!

Thanks for using our products and services (“Services”). The Services are provided by JamFactory ApS (“JamFactory”), located at Møllegårdsvej 1, 8240 Risskov, Denmark.
By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You are only allowed to use, record and/or export a whole song or individual instrument tracks from a song for your private use and only for as long as you are subscribing to our Services. If you stop subscribing to our Services you are obligated to stop using any and all Jamfactory content you have accessed. If you have downloaded recorded or otherwise sampled any of the Jamfactory content, you must stop the use and delete the material from where you have stored or uploaded it. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services can display content that is not owned by JamFactory. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your JamFactory Account

You need a JamFactory Account in order to use our Services. You may create your own JamFactory Account, or your JamFactory Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a JamFactory Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your JamFactory Account, keep your password confidential. You are responsible for the activity that happens on or through your JamFactory Account. Try not to reuse your JamFactory Account password on third-party applications.

Your payment for our Services
Once you have created a JamFactory Account you can use the account to gain access to our Services. We offer our Services as subscription Services where you pay a fixed monthly amount in advance.

If you subscribe via iTunes:

Your payment will be drawn from your iTunes account when your purchase is confirmed. Your subscription will be renewed automatically unless you deactivate automatic renewal no later than 24 hours before your subscription expires. Your account will be charged for renewal within 24-hours prior to the end of the current period. Your price depends on what subscription you have chosen. If you upgrade your subscriptions during a subscription period you will be credited what is left on your old subscription period.

The subscriptions can be administered by you and automatic renewal can be deactivated on your account settings on the unit.

If you subscribe through JamFactory:

You can manage your subscription through your account at the JamFactory website. You can terminate the subscription at any time by sending a termination notice from your account settings no later than 24 hours before your subscription period expires. Once your termination notice is registered the subscription will expire by the end of the current subscription period. Your account will be charged on the day you subscribe to our services. When your subscription is renewed your account will be charged for renewal within 24-hours prior to the end of the current period.

Your access to download JamFactory

You can download the JamFactory App for free in the App Store. Once your payment is accepted you will immediately gain access to our Services.

Cancellation of purchase

Since you will receive a software service you cannot cancel you purchase.

Privacy and copyright protection

In JamFactory’s Privacy Policies we explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Jamfactory can collect and use data in accordance with our Privacy Policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

We provide information to help copyright holders manage their intellectual property online. If you think JamFactory or any user on JamFactory is violating your copyrights and you want to notify us, you can find information about submitting notices at our contact page.

Your content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give JamFactory (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, if you have shared your recordings with other users). Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems analyse your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

If you have a Jamfactory Account, we may display your Profile name, Profile photo, and actions you take on Jamfactory or on third-party applications connected to your JamFactory Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your JamFactory Account. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About software in our services

When a service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

As long as you have a valid subscription to our Services JamFactory gives you a personal, non-assignable and non-exclusive license to use the software provided to you by Jamfactory as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by JamFactory, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and terminating our services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Jamfactory may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Complaints
Within 24 month from your purchase you can complain about our Services. However, please read “Our Warranties and Disclaimers” below before you complain.

Our warranties and disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER JAMFACTORY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services: WHEN PERMITTED BY LAW, JAMFACTORY, AND JAMFACTORY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JAMFACTORY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, JAMFACTORY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify JamFactory and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to the Services to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between JamFactory and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Denmark will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the court of Aarhus, Denmark, according to Danish Law and you and JamFactory consent to personal jurisdiction in those courts.

Last modified: October 10th, 2018