Terms of Use

1. Terms

By accessing and using our apps, websites, products, services and applications (referred to hereinafter interchangeably as the "Services" or "Band Studio"), you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not use or access Band Studio. The materials contained in Band Studio are protected by applicable copyright and trademark law.

These Terms of Use (the "Terms") are a binding contract between you and Hilgrow, Sp z o. o. ("Hilgrow", "we" and "us"). You must agree to and accept all of the terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@bandstudio.app, +48 501209721 or ul. Mokotowska 1, 00-640, Warsaw, Poland.

2. Privacy Policy

We care about your privacy. The current Band Studio Privacy Policy is available here.

3. Your use of Band Studio

Band Studio is a collection of apps, websites, products, services and applications that allow to capture, record, store, copy, manipulate, present, display, process, playback and share of materials, including, but not limited to, text, graphics, data, articles, audio, photo, images, illustration and video (the "Content").

You may be required to sign up for an account and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. In case any information about yourself changes during the course of time, you promise to update your registration information accordingly.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You represent, warrant, and agree that you will not contribute any Content or otherwise use the Band Studio or interact with Band Studio in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Hilgrow);
Violates any law or regulation, including any applicable export control laws;
Promotes violence, including content related to firearms, explosives, and related accessories;
Promotes contraband, illegal or recreational drug use or paraphernalia;
Promotes nudity, partial nudity, explicit adult content, or other sexually suggestive content in any way;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, shocking, sensational, disrespectful, or otherwise objectionable;
Jeopardizes the security of your Band Studio account or anyone else’s (including allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Your right to use and access Band Studio automatically terminate if you violate any of these restrictions and may be terminated by Hilgrow at any time. Upon terminating your viewing of these materials or upon the termination of the right to use and access, you must destroy any downloaded materials in your possession, of which you are not the author, whether in electronic or printed format.

4. Your Submissions to Band Studio

Anything you post, upload, store, share, or otherwise provide through the Services, including audio, images, photos, videos and text, is your "Submission”. "Submissions" are accessible and may be viewed by other users.

For all your Submissions, you hereby grant Hilgrow (Band Studio) a license to translate, modify and reproduce and otherwise act with respect to such Submissions, in each case to enable us to operate the Services. Your ownership in Submissions is not affected.

If you store your Submission in your own personal Band Studio account, in a manner that is not viewable by any other user except you (a "Personal Submision"), you grant Hilgrow (Band Studio) the license above, as well as a license to display, perform, and distribute your Personal Submission for the sole purpose of making that Personal Submission accessible to you and providing the Services necessary to do so.

If you share your Submission only to certain specified users (a “Limited Audience Submission”), then you grant Hilgrow (Band Studio) the licenses above, as well as a license to display, perform, and distribute your Limited Audience Submission for the sole purpose of making that Limited Audience Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share your Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public Submission”), then you grant Hilgrow (Band Studio) the licenses above, as well as a license to display, perform, and distribute your Public Submission for the purpose of making that Public Submission accessible to all Hilgrow (Band Studio) users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public Submission in connection with the Services and/or otherwise in connection with Hilgrow’s (Band Studio) business for any purpose. Also, you grant all other users of the Services a license to access that Public Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.

Finally, you understand and agree that Hilgrow (Band Studio), in performing the required technical steps to provide the Services to users, may need to make changes to your Submissions to conform and adapt those Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

5. Band Studio Content

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

If there is a dispute between users of Services, or between users and any third party, you agree that Hilgrow (Band Studio) is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Hilgrow (Band Studio), its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

6. App Store

These Terms apply to your use of all the Services, including the applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and Hilgrow (Band Studio) acknowledge that the Terms are concluded between you and Hilgrow (Band Studio) only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Hilgrow (Band Studio), and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Hilgrow (Band Studio), and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Hilgrow (Band Studio) acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Hilgrow (Band Studio) acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

8. Warranty Disclaimer

Neither Hilgrow (Band Studio) nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY HILGROW (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HILGROW (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HILGROW IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. Indemnity

You agree to indemnify and hold Hilgrow, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

11. Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hilgrow’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

12. Modifications

Band Studio may revise these terms of use for its app at any time without notice. By using Band Studio you are agreeing to be bound by the then current version of these terms of use.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Poland and you irrevocably submit to the exclusive jurisdiction of the courts in that location.