Terms of Use
Terms of Service Last updated: May 3, 2023
Welcome to luluby- music streaming application (the "App").
Luluby Technology OÜ, located at Tallinn, Lasnamäe linnaosa, Katusepapi tn 6-502, 11412 ("we," "us," or "our"), owns and operates the App. By accessing or using the App, you ("you" or the "user") agree to be bound by these Terms of Service (the "Terms").
1. Acceptance of Terms
Please read these Terms carefully before using the App. By accessing, downloading, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.
2. Eligibility
To access and use the App, you must be at least 13 years of age. If you are under 13, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, access, and use the App on your personal device(s) solely for your personal, non-commercial use.
4. User Content and Conduct
You are solely responsible for all content that you upload, post, transmit, or otherwise make available through the App ("User Content"). You represent and warrant that your User Content does not violate these Terms, our Community Guidelines, or any applicable laws or regulations.
5. Modifications to the App and the Terms
We reserve the right to modify or discontinue the App, temporarily or permanently, with or without notice to you. We also reserve the right to modify these Terms at any time. Your continued use of the App after any such modifications constitutes your acceptance of the new Terms.
6. Subscription Plans and Payments
The App offers two levels of usage:
a. Free Version: The free version of the App provides limited access to content, includes advertisements, and does not allow for off-screen playback. Please note, limits may change from time to time as per company policy.
b. Premium Version: The Premium version of the App provides full access to all content and removes all limitations. The Premium version is available through a subscription plan which is billed either monthly or annually. We also offer a trial period for the Premium version. By choosing a subscription plan, you acknowledge and agree that it is automatically charged, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at any time by following the instructions in the App. Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While you may cancel any time before the next billing cycle, please note that there are no refunds for cancellation. Prices may vary based on your location, the terms of the offer, or due to changes in pricing policy. All fees and charges are non-refundable, and there are no refunds or credits for partially used periods. The trial period offer is available once for each user. If you choose to continue using the Premium version after your trial period ends, you will be billed the subscription rate. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time in accordance with these Terms. Please contact us at [email protected] if you have any questions about our subscription plans. We are always ready to help.
7. Termination
We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice.
8. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of Estonia, without giving effect to any choice or conflict of law provision or rule.
9. Problems and Disputes
If you encounter any problems or have any disputes while using the App, please contact us through the contact information provided in the App or on our website. We are dedicated to resolving issues and providing a satisfactory user experience. However, we cannot guarantee a resolution for all problems or disputes. In the event that we are unable to resolve your issue, you agree that the only course of action is to discontinue using the App. In the event of a dispute between you and Luluby Technology OÜ, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy in accordance with the laws of Estonia.
10. Suspending and Terminating the App Service
We reserve the right to suspend or terminate your access to the App and our services at our sole discretion, without notice and liability, including but not limited to if you breach these Terms. Upon suspension or termination, your right to use the App will immediately cease, and we may remove or delete your information that is available with us, including but not limited to your account information, and any User Content. We will not be liable to you or any third party for such suspension or termination of your access to the App. We reserve the right to change, suspend, or discontinue - temporarily or permanently - some or all of the App, with respect to any or all users, at any time without notice. You acknowledge that we may do so at our sole discretion. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the App, although if you are a Premium subscriber and Luluby Technology OÜ discontinues the App permanently, we will, where possible, provide you with a pro-rata refund based on the remaining period of your subscription.
11. Warranty Disclaimers
THE APP, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APP OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE APP, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY LINKED SITE. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LULUBY TECHNOLOGY OÜ, ITS DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE DISCLAIMERS APPLY TO ANY DAMAGES, LIABILITY, OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LULUBY TECHNOLOGY OÜ, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY CONTENT OBTAINED FROM OR THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LULUBY TECHNOLOGY OÜ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LULUBY TECHNOLOGY OÜ TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
13. Time for Filing a Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the App, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claims filed or brought contrary to this section shall be deemed improperly filed and a breach of these Terms. Should such a claim or cause of action be filed, we reserve the right to seek recovery of reasonable attorneys' fees and costs provided to us, in addition to our other rights, to the maximum extent permitted by law.
14. Contact Us If you have any questions about these Terms, please contact us at [email protected]. By using the App, you agree to these Terms of Service.