Terms of Service

1. Important information

Make sure you read and understand our terms of service (“Terms” or “Terms of Service”) before using our service on ForTunes.io, the Fortunes iOS App or the ForTunes Android App (“App”).

ForTunes is built and operated by Original Egg GbmH (“us”, “we”, “our”).

2. Acceptance of terms of use

The acceptance of and compliance with these Terms is mandatory for all users that wish to access and use our music data analytics services via our App (“Service”). By using our Service, you agree to be bound by these Terms.

3. Your passwords and account security

You may access the Services by creating an account and registering your details with us. Please make sure to keep your account, the access to, and your password confidential. You agree to notify us upon becoming aware of any security breach or unauthorised access to your account and further agree to be held responsible in case of any and all activities over your account and, or password in any and all situations.All personal data collected shall be done in accordance with relevant data protection laws and privacy policy.

4. Data services

In order for us to provide the Services you first must download the app and then authorise and mandate us on your behalf to request, collect, process and include into our Service all necessary information and data from streaming and social media channels which is related to, and /or connected with, your sound recordings, musical work and your artist, band or project name from your selected third party services (“Connected Accounts”). In order for us to provide these Services, you will need to provide us with certain authorisations and other information relating to those Connected Accounts which could include authorising us as a user or security information. This enables us to access your Connected Accounts in order to collect information and data on your account. We will collate the account information and make it available to you securely via the app.

You should check whether your use of the Services and Connected Accounts function could result in your breaching the terms and conditions of your Connected Accounts or otherwise adversely affect or invalidate any claim you may have against the provider of your Connected Account. Subject to section 5, we shall not accept any liability for any losses you may suffer or incur as a result of your use of the Services and any adverse impact you may incur in relation to the Connected Accounts.

5. Liability

You agree that neither ForTunes nor any of its affiliates, will be liable for any losses whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if ForTunes has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the Service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorised use, performance or non-performance of any Connected Account or any other third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the service.

6. Subscription

Some parts of ForTunes are only available to paying subscribers, billed on a subscription basis ("Subscription(s)", “Premium”). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") – monthly or annually, depending on the type of subscription plan you select. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions.

When you subscribe to a Subscription, a valid payment method is required. Submitting this payment method automatically authorises us to charge your account with Subscription fees which may arise.

We are free to modify the Subscription fees for the Subscriptions at any time. Any change of the Subscription fee will become effective at the end of the then current Billing Cycle. We will always inform you in advance before such a change becomes effective. Continuous use of the service after the Subscription fee changed, constitutes your agreement to continue to use ForTunes and pay the modified Subscription fee.

You can change your plan or artist at any time on the Subscription page, accessible on ForTunes.io as well as the iOS and Android app. Fees for newly added artists to your Subscription will be charged proportionally to the days left of the Billing Cycle. Deleting artists will refund you money proportionally to the days left of the Billing Cycle.

When you cancel a Subscription, you cancel only future charges associated with your subscription. You may cancel your Subscription on the Subscription page, accessible on ForTunes.io as well as the iOS and Android app, at any time. The cancellation will become effective at the end of your current Billing Cycle.

7. Third-party links

ForTunes.io, the iOS app, and the Android app include links to 3rd party sites and services. We do not warrant the offerings and content of any of these websites, services and/or individuals. By using ForTunes, you agree that ForTunes shall not be liable or responsible in any form and any means, for damage or loss caused by or in connection with the use of, goods, or services on or through any such 3rd party sites and services.

Content from YouTube: ForTunes accesses public Content from third-party social networking services, such as YouTube. Fortunes uses YouTube APIs, and by using YouTube Content within ForTunes’ Sites and Services you are agreeing to be bound to YouTube’s Terms of Service, which can be found at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy. If you wish your user and password to be permanently deleted, request termination via email and we will do so within 30 days after prior notice.

8. Updates

By signing up you agree on receiving important product and service updates via email. To unsubscribe click the “Unsubscribe” link at the bottom of each email.

9. Applicable Law

You agree that these Terms of Services shall be governed by law of Switzerland and all disputes shall be settled within the exclusive jurisdiction of the courts of Switzerland. Unenforceability or invalidity of any provisions of these Terms, will not be considered a waiver, and remaining provisions will remain in effect.

10. Changes to these Terms of Services

We reserve the right to change these Terms of Service from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised Terms of Services will take effect immediately on the date of publication.. By continuing to use and access our Service you agree to be bound to the revised Terms.

Imprint

Original Egg GmbH

USt-IdNr. ATU70440445
FN 435746 d

Address

Damböckgasse 6/1
1060 Vienna

E-Mail:  office@fortunes.io
Website: fortunes.io

Bank Account

Bankname: Bawag PSK
IBAN: AT10 1400 0001 1041 0719
BIC: BAWAATWW

ForTunes and ForTunes.io is a project of the Original Egg GmbH.