Last Updated: 29 November, 2024
Provided by Musicstax Limited, a New Zealand registered company
By accessing, browsing, or using Musicstax Metrics, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and conditions referenced herein or provided to you from time to time. These Terms constitute a legally binding agreement between you and Musicstax Limited, a New Zealand registered company ("we," "us," or "our").
Musicstax Metrics is a service offered by Musicstax Limited that provides analytics and data insights to users on a one-time payment basis. Our Service may integrate or rely on data provided by third party Application Programming Interfaces (APIs) and other external sources.
One-Time Payment Plans:
Access to our Service is provided via one-time payment plans. Once a payment is made, users are granted access to the Service as outlined in their selected plan.
Refunds and API Dependency Policy:
We rely on third party APIs to deliver essential functionalities within our Service. You acknowledge and understand that the capabilities of Musicstax Metrics are partially dependent on these third-party services. In the event that we lose access to a critical third party API:
Important: Requests for refunds due to API disruptions must be submitted in writing to hello@musicstax.com within thirty (30) days from the date we notify users of the disruption. Refund requests should include your account details and specific information about how the API disruption has affected your use of the Service. Refund decisions are made on a case-by-case basis and are at the sole discretion of Musicstax Limited.
Third Party Dependence:
Musicstax Metrics utilizes third party APIs to provide certain functionalities and data. You explicitly acknowledge and accept that these third-party providers are essential to our Service and may modify, limit, or terminate their services at any time, which may affect our Service capabilities.
Known API Dependencies:
The Service currently relies on data from various music streaming platforms and analytics providers. While we strive to maintain access to all data sources, specific APIs may change their terms, restrict access, or cease operations entirely without notice to us. You acknowledge that such changes are beyond our control.
Continuity Measures:
We implement reasonable measures to maintain service continuity in the event of API changes, including:
Service Interruptions:
Interruptions, data discrepancies, or reduced functionality may occur due to factors outside our control. We do not guarantee uninterrupted access, complete accuracy, or the continued availability of all features that rely on third-party APIs.
No Liability:
Musicstax Limited is not responsible for any damages resulting from third party API actions or inactions, including data loss, service disruptions, or changes in functionality. By using our Service, you accept these inherent limitations and risks.
Transparency Commitment: We will make reasonable efforts to notify users promptly when significant API changes affect our Service. However, some changes may occur without warning from third-party providers, limiting our ability to provide advance notice.
Web Scraping Prohibition:
You are expressly prohibited from employing any automated or manual means—including bots, scrapers, or any other method—to extract data from our website or Service without our prior written consent. Unauthorized web scraping may result in immediate termination of your access and potential legal action.
General Usage:
You agree not to engage in any activity that interferes with or disrupts the Service or its associated networks. You further agree to comply with all applicable laws and regulations while using our Service.
All content, trademarks, and data provided by Musicstax Metrics are the property of Musicstax Limited or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service for your personal or internal business purposes in accordance with these Terms.
Disclaimer of Warranties:
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. Musicstax Limited does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
Limitation of Liability:
In no event shall Musicstax Limited, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Service—even if advised of the possibility of such damages.
We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
Musicstax Limited may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of New Zealand, and you hereby consent to the jurisdiction of such courts.
If you have any questions or concerns regarding these Terms, please contact us at:
You agree to indemnify, defend, and hold harmless Musicstax Limited, its affiliates, officers, agents, employees, and partners from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or in connection with your violation of these Terms or your use of the Service.
Musicstax Limited shall not be held liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, government actions, or failures in internet or telecommunications services.
Privacy Policy:
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy outlines how we collect, use, store, and process your personal information when you use our Service.
Data Protection Regulations:
Musicstax Limited complies with applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for California residents.
Data Subject Rights:
Depending on your location, you may have certain rights regarding your personal data, including the right to access, correct, delete, or restrict processing of your data. To exercise these rights, please contact us using the information provided in the Contact Information section.
Account Creation and Security:
When you create an account with Musicstax Metrics, you are responsible for maintaining the confidentiality of your account details and password. You agree to notify us immediately of any unauthorized access to or use of your account.
Account Access After Payment:
Upon making a one-time payment, you will be granted access to the Service features included in your selected plan. This access will remain active for the duration specified in your plan details unless terminated in accordance with these Terms.
Account Information:
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.
User-Generated Content:
You retain all rights to any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content to Musicstax Metrics, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving the Service.
Feedback:
If you provide Musicstax Limited with any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you hereby assign to Musicstax Limited all rights, title, and interest in and to such Feedback, and Musicstax Limited shall be free to use such Feedback without restriction or compensation to you.
Informal Resolution:
Before filing a claim against Musicstax Metrics, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email.
Arbitration:
If the dispute cannot be resolved informally, you and Musicstax Limited agree to resolve any disputes through binding arbitration conducted in accordance with the Arbitration Act 1996 of New Zealand, except that either party may bring an individual action in small claims court in New Zealand.
Waiver of Class Actions:
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Musicstax Limited.
You agree to comply with all applicable export and re-export control laws and regulations, including New Zealand export control laws and regulations, and those of any other relevant jurisdictions. You warrant that you are not located in any country subject to sanctions or embargoes under New Zealand law or the laws of any other relevant jurisdiction, and that you are not otherwise prohibited from receiving the Service under applicable laws.
The Service is intended for use by individuals who are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this requirement. If we learn that we have collected personal information from a user under the age of 18, we will delete that information as quickly as possible.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. The remaining provisions will continue in full force and effect.
Musicstax Limited may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempted assignment or transfer without such consent will be void.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution provisions, and governing law.
Except as explicitly stated otherwise, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.