Welcome to Harmix Terms of Use

Definitions

            ‘Harmix’ (also ‘We’, ‘Our’) – individual entrepreneur Ponochevni Nazar Yuriiovych registered under the laws of Ukraine, registration number: 2003390000000031323, address: Ukraine, 08132, Kyiv region, Vyshneve city, Vatutina street, house 15, apartment 20.

            ‘Harmix Platform’ – Our website which is available at https://www.harmix.com.ua (also ‘Website’) or Our mobile application which could be downloaded from Google Play Market, Apple App Store (also ‘App’), or Our ChatBot, or in-application extension (plugin).

            ‘Harmix A.I. services’ – services provided by Harmix, which are available on the Harmix Platform.

            ‘User’ (also ‘You’, ‘Your’) – any natural person that uses the Harmix Platrform.

            ‘Account’ – personal page of the User on the Website or in App.

 

General conditions

            By using Harmix Platform or/and Harmix A.I. services, you hereby agree to be bound by these Terms of Use (hereinafter - ‘Terms’). These Terms should be read and accepted in conjunction with the Harmix Platform Privacy Policy and Upload Terms.

 

Harmix Platform

            The Harmix Platform and all rights therein are and shall remain Ours or Our licensors property.

            The access to the Harmix Platform is provided free of charge for every User to allow him/her to use the Harmix A.I. services.

            We do not guarantee that the Harmix Platform or any content on it will be always available or working uninterrupted and be free from errors or omissions, or will be available in all countries and/or all geographic locations.

            We can restrict, suspend or withdraw fully Your access to the Harmix Platform at any time without any notice. The Harmix Platform can be updated or changed without any notice. These Terms are subject to change and occasional updates.

            By using Harmix Platform User confirms that he/she is aged 13 or above, or for this matter any legal age in his/her country.

            By submitting and/or posting commentaries and other content to Harmix Platform You confirm and agree that:

            (1) You have not copied from someone else or included other people’s content;

            (2) Your content is lawful, appropriate, non-confidential and is not obscene or violates the rights of third parties;

            (3) You grant to Harmix all rights to such commentaries and other content necessary to enable the distribution of it in any way, including to amend or adapt it where this is reasonably necessary for those purposes, without any further approval or consent from or payment to You or any other person.

 

Harmix A.I. services and Harmix A.I.

            Harmix A.I. services include Harmix A. I. - an intelligent system that consists of machine learning and data analysis methods and other methods which provides You with the ability to automatically find and apply harmonious music to Your content.

            Harmix exclusively reserves the right to change the scope and conditions of the Harmix A.I. services provided to You, without any prior notice or Your special permission. All such changes, if present, will be outlined in these Terms.

            We do not guarantee that the Harmix A.I. services will be always available or working uninterrupted and be free from errors or omissions, or will be available in all countries and/or all geographic locations.

            To use Harmix A. I. services You have to:

            a) read and accept Upload Terms. If You disagree with the Upload Terms You can not obtain Harmix A.I. services;

            b) upload your content to the Harmix Platform;

            c) choose the parameters for the music. If You choose to skip setting the parameters, Harmix A.I. will still process the content, however, the final result may vary from Your expectations;

            d) obtain (download, share etc.) the generated content.

            Harmix does not guarantee that the generated content will be free from errors and omissions or fulfill Your expectation.

 

Account Registration

            You can have a registered Account on the Website and in the App. One User shall have only one registered Account. By registering Account You confirm:

            (1) that all of the mentioned personal information during registration is up to date and accurate and

            (2) that You have read, accepted Our Privacy Policy and given consent to personal data processing

            (3) that You have read and accepted these Terms.

 

Subscription

            You can purchase subscription to get additional services and/or additional features on the Harmix Platform. All detailed conditions of the paid subscription such as duration, additional services or/and features provided, price amount and method of payment are provided at the time of the purchase. The subscription begins after the payment and terminates on the last day of the paid period, which is indicated at the time of the purchase.

            To the extent permitted by the applicable law, payments are non-refundable and We do not provide refunds for any unused features of the paid subscription. In cases where the paid subscription additional services or/and features were not available to You because of Our internal error, We might provide a refund. We shall not be liable for the inability to use the features of the paid subscription due to Your hardware and/or software limitations.

            Harmix reserves an exclusive right to introduce and/or change and/or terminate paid services under subscription on Harmix Platform without any prior Users consent. Harmix also reserves an exclusive right to change subscription price or other conditions for services available on Harmix Platform.

            In addition to these Terms, terms of marketplaces regarding the order, payment and refund shall be applicable to You.

 

Intellectual Property Rights

            This chapter is applicable in connection with the Harmix Upload Terms.

            All of the content present on the Harmix Platform, which could be subject to copyright or in this matter any other intellectual property right (e.g. design), belongs to Harmix and/or used by Harmix on the Harmix Platform under permission of Our licensors. All rights to Harmix A.I. belong to and exclusively reserved by the Harmix and/or Our licensors.

            Users must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from the Harmix and/or Our licensors, except actions allowed under Upload Terms.

            You must not modify, copy, distribute, transmit, perform, display, prepare derivative works from, transfer, sell, exploit or otherwise use any content present on the Harmix Platform without prior written permission of the Company or its licensors, except actions allowed under Upload Terms.

            We grant You a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use of the Harmix Platform and/or access or use any copyrighted content that may be available through the Harmix Platform.

            All Your commentaries and content which may be subject to intellectual property rights and submitted and/or posted on Harmix Platform are deemed Your intellectual property. By submitting or posting commentaries and content You grant Harmix non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use of such content, including the right to publicly display, distribute, make derivative works.

 

Limitation of Liabilities and Indemnification

            We shall not be liable for any incidental, indirect, punitive and consequential damages, lost profits, or damages resulting from lost data caused by the Harmix Platform, Harmix A.I. services and content created with the Harmix A.I. services.

            You agree to defend, indemnify, and hold harmless Harmix from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of these Terms or your access to, use, or misuse of the Harmix Platform.

           

Governing Law and Dispute Resolution

            These Terms, where applicable, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms are exclusively governed by and enforced in accordance with the legislation of the United States of America (and the State Delaware).

            Any dispute regarding the Harmix A.I. services rendering and use of the Harmix Platform under these Terms will be subject to the exclusive jurisdiction of the respective courts of the Ukraine.

            All disputes and disagreements that might arise out of or in connection with these Terms shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and Harmix, an e-mail correspondence with the email: nazar.ponochevnyi@gmail.com and/or harmix.ai@gmail.com shall be the effective and binding method of communication.