Thanks for choosing Spomi (“Spomi”, “we”, “us”, “our”). By using the Spomi service, webApps, or software applications (together, the “Spomi Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our local company in your country of residence (your “Local Country”) if applicable or the company listed in this chart. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
We’re pleased to make our Service available to you. The Spomi Service includes social and interactive features.
In order to use the Spomi Service, you need to (a) be 16 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Spomi is true, accurate and complete, and you agree to keep it that way at all times.
Here’s some information about all the ways you can enjoy Spomi.
Spomi account holders may access the Spomi Service by any of our several Subscriptions:
The Premium Service permits you to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant devices (collectively “Devices”) while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
If you have purchased a code sold by or on behalf of Spomi for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Spomi (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). Spomi reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Spomi account’s settings before the end of the Trial.
The Spomi Service and the content provided through it are the property of Spomi or Spomi's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Spomi Service and to receive the media content made available through the Spomi Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Spomi.
The Spomi software applications are licensed, not sold, to you, and Spomi retains ownership of all copies of the Spomi software applications even after installation on your Devices. Spomi may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Spomi trademarks, service marks, trade names, logos, domain names, and any other features of the Spomi brand are the sole property of Spomi. This Licence does not grant you any rights to use the Spomi trademarks, service marks, trade names, logos, domain names, or any other features of the Spomi brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Spomi Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Spomi Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our webApp.
Spomi users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Spomi. This license lasts until you terminate your Spomi account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Spomi Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Spomi Service and your right to object to derogatory treatment of such User Content.
Spomi does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Spomi’s sole discretion, violates these Agreements. Spomi may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Spomi is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at musiSpomiora@gmail.com
We’ve established a few ground rules for you to follow when using the Service, to make sure Spomi stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Spomi respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Spomi Services or content delivered to you via the Spomi Services, or otherwise any making use of the Spomi Service which is not expressly permitted under these Terms; (b) using the Spomi service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Spomi Services or any part thereof; (d) circumventing any technology used by Spomi, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Spomi; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Spomi Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Spomi and other users of the Spomi Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Spomi or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Spomi inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Spomi Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Spomi’s computer systems or network, or breaches any of Spomi’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Spomi. You agree that Spomi may also reclaim your username for any reason.
Please be thoughtful about what you make public on Spomi. The Spomi Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Spomi or across the web, so please use Spomi carefully and manage your account settings regularly. Spomi has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Spomi will make reasonable efforts to keep the Spomi Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spomi reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spomi Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Spomi Service or any function or feature thereof. You understand and agree that Spomi has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
These Terms will continue to apply to you until terminated by either you or Spomi. Spomi may terminate the Terms or suspend your access to the Spomi Service at any time, including in the event of your actual or suspected unauthorised use of the Spomi Service or non-compliance with the Terms. If you or Spomi terminate the Terms, or if Spomi suspends your access to the Spomi Service, you agree that Spomi shall have no liability or responsibility to you and Spomi will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Spomi account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE Spomi SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Spomi SERVICE AT YOUR OWN RISK. Spomi DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Spomi does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Spomi Service or any hyperlinked webApp, or featured in any banner or other advertising. You understand and agree that Spomi is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Spomi Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Spomi shall create any warranty on behalf of Spomi in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Spomi Service, the Third Party Applications or the Third Party Application content is to uninstall any Spomi software and to stop using the Spomi Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Spomi, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE Spomi SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Spomi HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Spomi SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Spomi DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Spomi’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and Spomi and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Spomi are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Spomi that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Spomi Service may be governed by additional agreements. That could include, for example, access to the Spomi Community for customer support, access to the Spomi Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full . Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.