Terms and Conditions
1. Identification of the parties
1.1. The General Terms and Conditions of Use contained herein are subscribed to, on the one hand by Darkan Technologies, S.L. (hereinafter, the Holder), as the holder of the HiBeats application (hereinafter, the App or HiBeats), and, on the other hand, by the User, understood as the natural person, over 16 years old, who freely and voluntarily downloads, installs or accesses HiBeats, regardless of whether or not they make use of the services and tools offered therein at any given time.
1.2. The User, by accessing, downloading or installing HiBeats accepts the present Terms and Conditions insofar as they may be applicable to any Internet User who simply downloads the App. The Holder recommends a careful reading of the present document, as well as the periodic review of its contents.
2.1. HiBeats is an App made available to Users of mobile devices (both mobile phones and tablets) with an iOS or Android operating system, through the Apple application shop, the App Store or Google Play, with the purpose of allowing Artists to publish their songs (singularly called HiBeat) so that other Artists or Users can interact with them. In addition, HiBeats allows users to participate in Challenges and Draws, to obtain “Coins” (virtual currency of the App that can be used for different aspects) or other prizes, as well as to donate real money to the Artists, among other functionalities. Notwithstanding the above, in order for HiBeats to show the HiBeat of each Artist, they must access “HiBeats for Artists” (hibeatsforartists.com) and follow the necessary steps to upload their HiBeat.
2.2. The download and installation of HiBeats is free of charge, notwithstanding the fact that the acquisition of “Coins” entails a payment, as well as the donation made to the Artists.
2.3. HiBeats also offers means of contact with the Holder, in order to be able to formulate doubts, complaints or suggestions.
2.4. The HiBeats App is designed to be used on devices with Internet access. However, the App does not include access to the Internet or mobile phone networks, so the User must pay the fees of the corresponding Internet access provider or mobile operator. Please check the access and pricing conditions of your provider before using the App.
2.5. HiBeats may be used by individuals over the age of 16 years, although children under the age of 18 years will need the authorisation of their parents or legal guardians to make or receive payments on the App.
2.6. We also inform you that HiBeats may include its own advertising or that of third parties.
3. User’s liabilities
As a User by merely accessing and browsing through the App, you shall:
- Make diligent, correct and lawful use of HiBeats, respecting current legislation (and especially that relating to data protection and intellectual and industrial property), morality and decency, as well as public order.
- Periodically review these General Terms and Conditions and Licence of Use, or any other conditions that may be applicable, checking for any changes that may have occurred.
Check the notifications that, where appropriate, are sent to you by the Holder, as they may include important information.
- Not to use HiBeats for commercial purposes; for example, by collecting information or content to provide other services that may be in clear competition with the Holder.
- Do not modify or attempt to modify HiBeats in any way or take any action or use any means to simulate its appearance or functions.
- Refrain from taking any action that leads to the introduction of computer viruses, worms, trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of HiBeats.
- Not to employ reverse engineering techniques and/or decrypt, decompile or use any other system aimed at discovering the source code of HiBeats or of any element subject to copyright or underlying intellectual property.
- Not to damage, disable, overburden, or impair the service (or the network(s) connected to the service), or interfere with the use and enjoyment of the service
- In any case, not to carry out any acts that may infringe rights or interests of the Holder or third parties such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets…).
- Respect the provisions of these legal texts.
4. How HiBeats works
Once a User begins registration with HiBeats, they are allowed to opt-in to either the Artist profile or the Fan profile. Each of the two profiles has specific functionalities and there are common functionalities for both.
A) Common functionalities for Artists or Fans
- Assign another Artist or Fan as a host by entering their Username.
- Select your musical (genres), instrumental (instruments) and social (various) interests from a battery of default options within the platform.
- See the latest music tracks of the Artists you follow.
- View the TOP 10 most listened Artists on the platform or the most listened HiBeats on the platform.
- View the HiBeats you have liked and recommended based on the data generated by the interactions of other HiBeats (listening, sharing, liking and commenting).
- Receive notifications when an Artist or Fan has: mentioned you in a comment within a HiBeat; liked you in a comment within a HiBeat; followed you or achieved an achievement.
- Receive messages, images, links to profiles of other Artists or any HiBeat using the internal chat of the App.
- Report a HiBeat, a comment in a HiBeat, a message in the chat, a profile or a Making of (series of images and texts that tell the story of a HiBeat) when any of these elements include spam, explicit content, false or incorrect information, offensive behaviour, suspicious behaviour (use of external tools to increase the level, points or other types of behaviour that indicate fraudulent use) or any other behaviour included in the community rules. Proceeding to the corresponding system of warnings, bans or account deletions from the administration application set out in clause 10.
- Complete daily achievements in exchange for “Coins”, consisting of small actions related to interaction within the platform (likes, comments, sharing, replaying).
- Participate in monthly draws, rewarded with “Coins”.
- Make micro-payments of real money in exchange for “Coins” within the App shop, also having the possibility to view advertisements in exchange for virtual currency.
- Publicly display the percentages of the musical genres and instruments you have listened to the most, obtaining this information from the HiBeats plays you make when using the App.
- Follow and be followed by other Fans and Artists, displaying such information publicly on your profile.
- Share access to a HiBeat or Artist Profile in third party Apps, using the URL of that HiBeat or profile.
- Search for HiBeats, Artists or Fans by name, using a list type search engine in which you can filter by genre and instruments, or by using the Map type search engine, in which you can set a radial search base point, whose radius of action can be increased in exchange for “Coins”. You can also filter these searches by levels or social interests.
- Play HiBeats of other Artists in shuffle mode to discover new tracks.
- Comment, reply to comments, like comments and replies, and mention other Artists and Fans in the comments section of each HiBeat.
- Consult at all times your User name, password, associated telephone number, gender and nationality, as well as your profile photo, image or set of both, having the option to change everything within a given period of time.
- Permanently delete your account at any time.
- Hide your account, so that it does not appear in the search for other Fans or Artists until you log in to the App again.
- Consult the following information: details of Fans or Artists you have invited as host or the profile of the Fan or Artist who has invited you; and their most listened musical and instrumental interests.
- Consult and modify at any time the age range of the target audience you wish to find in the map mode search engine.
- Consult, modify, delete or add payment methods at any time.
- Log out of the account you are registered with within the App, as well as log in with other accounts you are also registered with within the App on the same device.
- Send suggestions to the administration application, consisting of a subject, short description and the possibility to attach screenshots of the sections/functionalities of the application that you wish to correct or improve.
B) Functionalities for Artists
- Upload the HiBeats to make them public and audible on the App, through the “HiBeats for Artists” website (hibeatsforartists.com). This website can only be accessed as an Artist, by logging in with the email and password established when registering on the App, with the validation of a unique code assigned to each Artist.
Within “HiBeats for Artists” you can assign your track a name, cover or short video, filter it by genre, instruments, BPM, pitch, label (if applicable). Once uploaded to this website, they will appear publicly within the Artist’s profile within the App.
In addition, within “HiBeats for Artists”, it will also be possible to decide whether the uploading HiBeat can participate in an active Challenge.
- Participate in Challenges (bimonthly contests where the 3 most listened and valued HiBeats are rewarded through interactions with the same, such as reproductions, likes, comments and times shared) with real money (the amounts of which are specified during the registration period and in the Challenge Basis). In order to proceed with the payment of the rewards, the awarded Artists must specify their real Name and Surname, identity document and IBAN.
- Receive notifications when another Artist or Fan comments on your HiBeat, likes it or donates money to it; you have won or placed 2nd or 3rd in a Challenge; and the Challenge, whether or not you participated in it, has ended.
- Consult and obtain Skills through the use of “Coins” that enhance the user experience.
- Complete information about them publicly by filling in the “BIO” section and complementing it with access to other social networks such as Instagram, Spotify, Youtube, Soundcloud, Facebook or their personal website.
- Receive (from Fans and other Artists) and make (to other Artists) real money donations, using a linked credit card, Google Pay or Apple Pay and the online payment gateway Stripe.
- Publicly share the statistics generated by your HiBeat (points, plays, likes, shares, comments and monthly listeners).
- Consult the information relating to points, monthly listeners, plays, likes, shares and total comments or for each HiBeat. This information appears in the form of percentages, country, gender and age of your listeners.
- Consult at all times the history of donations made and received, with information on the name of the User, amount and date of the donation. As well as having private access and publicly displaying the name of the Fan or Artist who has donated the most money that month and the amount.
- Consult your HiBeats for Artists code at all times, which will give you access to the HiBeats web platform where you can upload your music tracks so that they can then appear on the App and be consumed by other artists and/or Fans.
- Consult at any time the information regarding the completed Challenges in which he/she has previously participated.
C) Functionalities for Fans
1. Consult the Challenges and listen to and interact with the HiBeats with which the Artists are participating.
2. Make real money donations to Artists, using a linked credit card, Google Pay or Apple Pay and the online payment gateway Stripe.
3. Consult at any time the history of donations made, with information on the amount and date of the donation. As well as having the possibility of being shown publicly as the Fan who has donated the most money that month and the amount in the profile of an Artist.
4. Be able, at any time, to convert your Fan account into an Artist account (if you want to participate by uploading music, as Fans cannot do this), by following the “Become an artist” process. This change of account will be irreversible (the Fan is warned of this during the process). At the end of the process, an artist code is assigned.
5. Particular Terms and Conditions of Registration
The present Particular Terms and Conditions of Registration are subscribed, on the one hand, by HiBeats, and on the other, by that User who has completed the corresponding form to create an account and the steps indicated in the App to carry out registration, together with the acceptance of these Particular Terms and Conditions.
5.1. Requirements and procedure for create an account
In order to create an account on the Website, the User must be a natural person.
HiBeats will confirm the User’s registration in the App by sending a verification code, at which point the User becomes a Registered User. After that, the User will have to complete their personal information with date of birth, gender and nationality.
If the Registered User does not remember his/her password, he/she must click on “Have you forgotten your password?” and enter the e-mail address through which he/she registered in order to reset it.
The Holder reserves the right to check and verify the identity of the User at any time. Failure to comply with the requirements of this section or deception as to identity, entitles the Holder to terminate the User’s membership at any time, exempting the Holder from any liability for such action.
Registration with HiBeats as a Registered User allows you to act as an Artist or as a Fan, with the functionalities mentioned in clause 4.
5.3. Registered User’s liabilities
The Registered User has the following obligations:
- Do not register with several User accounts on the App, nor do so with false data or impersonating a third party. You are responsible for providing your real data.
- Not to use or attempt to use another User’s account, without authorisation or consent.
To be solely responsible for all activities that occur under your personal HiBeats account.
- Take care of the confidentiality of your login details, as you will be liable for any damage suffered or incurred by third parties as a result of your breach of these Terms and Conditions. You are also responsible for what happens to your personal account unless the security of your personal account has been compromised through no fault of your own. In particular, you must:
i. Keep the account updated.
ii. Store the chosen password confidentially.
iii. Be the only User using the account created.
iv. Do not trade, sell or transfer the account to a third party.
Comply with the Community rules set out in clause 9.
HiBeats reserves the right to verify the User’s profile, and may delete or suspend the account in the event of non-compliance with these or any other applicable legal texts.
5.4. Modification and cancellation of User account
At any time, the Registered User may modify his or her personal account details or cancel the account through the User area.
6. Intellectual and industrial property rights
6.1. By virtue of the acceptance of these Terms and Conditions and provided that the User complies with all obligations under these Terms and Conditions or any other applicable terms, the Holder grants the User a non-exclusive, non-assignable, non-sublicensable, worldwide right to use the App, as offered from time to time, for as long as the App remains installed on the User’s device, by virtue of which:
- The User is authorised to download and install the App on his/her mobile device without restriction, although measures may be implemented to limit the number of simultaneous connections from a single location or IP address at any one time.
- Likewise, the User is authorised to access and use the App, as long as it is active and available, for private and private purposes.
6.2. Under no circumstances is the User authorised by virtue of this licence of use for commercial purposes and/or for purposes other than those provided for in the previous section.
6.3. This licence of use does not imply the transfer of any intellectual or industrial property rights over the App or over any content present in it, being the intellectual property rights over the App and all the elements that make it up (including the programming, design, applications, graphics, codes, text or images present therein, as well as the published content and the technology associated with it) the exclusive property of the Holder or the Holder having sufficient rights or authorisations for its exploitation. Consequently, the reproduction, distribution, public communication, making available or transformation of HiBeats or any element integrated in the App is prohibited.
6.4. Likewise, the domain name, trademarks, trade names, and in general, any distinctive sign relating to HiBeats is owned by the Holder or the Holder has the necessary licenses to use them.
6.5. In addition, the Artist, by uploading a HiBeat to the App, guarantees that he/she is the author of the HiBeat or that he/she has sufficient rights to upload it to HiBeats. In this case, the Artist grants to the Holder the HiBeat included in HiBeats, which includes the rights of reproduction, distribution, public communication and transformation (i) on a non-exclusive basis but with the character of transferable to third parties, (ii) for the time in which it remains registered in the App and, after its removal, for the maximum time allowed by the Intellectual Property Law until its passage into the public domain, (iii) without territorial limit and therefore for all territories of the world and (iv) for the purpose of the App as well as acts of promotion and advertising of the same.
6.6. HiBeats grants the User a non-exclusive right of access to and reproduction of the HiBeats on the platform, with/without the possibility of downloading, transfer or sub-licensing, worldwide and for as long as the HiBeats remain accessible on the platform, whereby:
- The User is authorised to access and play the HiBeats on his or her devices, although measures may be implemented to limit the number of devices or simultaneous connections from a single location or IP address at any one time.
- Likewise, the User is authorised to access and reproduce the content for private and private purposes, and may not download or use such content for public exhibition unless expressly authorised by HiBeats.
Under no circumstances is the user authorised by virtue of this licence of use to use the content for commercial purposes and/or for purposes other than those foreseen in the previous section.
6.7. If you detect any infringement of intellectual and/or industrial property rights on HiBeats, we ask you to inform us as soon as possible by writing to the e-mail address firstname.lastname@example.org.
7. Links to third parties
7.1. It is possible that HiBeats may include links to pages or websites of third parties. The Holder assumes no responsibility for them or for their content or proper functioning, nor for the consequences arising from access to them.
7.2. Regarding the links published by the Holder, the User acknowledges and accepts that such links lead to external sites, both to HiBeats and to the Holder, and that the Holder does not approve or review the functions, advertising or, in general, the content included in third party sites, even when they are linked from HiBeats; Therefore, HiBeats cannot guarantee that there are no computer threats, viruses or malware, or that they do not contain illicit or inappropriate content or other links that, in turn, lead to sites with one or more of the aforementioned characteristics.
8. Exclusion of liability
8.1. HiBeats strives to make the services and functionalities of the App permanently available. However, when you access it, it will be shown according to its availability and limitations at the time.
8.2. Despite the Holder ́s continued efforts to protect the systems and content included on the App, for which it has implemented the usual Internet security standard, it is not possible to offer full guarantees regarding the intrusions or loss of information that may happen. Likewise, the absence of viruses or other harmful elements can not be guaranteed on the App or on third-party pages that may cause alterations to the User ́s computer system, both to software and hardware. For this reason, the User accepts and understands that events may occur that are outside the control of HiBeats.
8.3. The Holder disclaims all liability for improper access to content as a result of registration by the User deliberately providing false or inaccurate information about his or her age.
8.4. In no event shall the Holder be liable as a result of a misuse of the App by the User, as well as for any failure to fulfil the obligations or commitments assumed under these General Terms and Conditions or any other terms that may be applicable.
8.5. Overall, neither the Holder nor its collaborators will be liable in case of whatever loss of profits or damages.
8.6. HiBeats shall in no event be responsible for how the App is used, nor for what is shared on any network or by any means through HiBeats. Nor will it be liable if you breach any obligation or commitment under these terms or the Licence for Use. The User must use the App responsibly.
8.7. HiBeats is not responsible for any infringement of intellectual and industrial property rights carried out by the Artist when uploading his HiBeats, since the Artist assures that the HiBeats hosted on the App are fully authored and have sufficient rights to host them on the App.
8.8. HiBeats may be used by the User to include content on the Application itself as well as on other networks or platforms. HiBeats is not under prior moderation of the contents due to the fact that it is impossible to review all the contents uploaded by the Users in real time, however, it will do its best to monitor the legality and compliance with this License of Use in relation to contents. Thus, by virtue of the provisions of article 16 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we shall not be liable in any case for the information, images, opinions, allusions or content of any kind that you communicate, host, transmit, make available or display through the App. We make no express representations or warranties about any content that originates from a third party outside of HiBeats. In particular:
- We are not responsible for the statements and postings of Users and shall not be and cannot be held in any way editorially responsible for the output of Users.
- We also disclaim all representations and warranties as to the suitability of HiBeats for any particular use. If you are not satisfied with the HiBeats services, you may unsubscribe by cancelling your account in the User area.
8.9. We do not warrant or represent that the User’s use does not violate the rights of third parties. In such a case, the User shall be solely responsible.
8.10. For direct messaging and Community rules see section 9 below.
9. HiBeats Direct Messaging and Community rules
9.1. Direct messaging provided by HiBeats allows Users to send each other text messages, posts, and third party links or content not owned or controlled by HiBeats.
9.2. Users may send messages to any other HiBeats User, without being required to follow each other.
9.3. HiBeats is not responsible for the content of the messages or what you share in them. If you believe that a User has committed a violation or is sending unwanted messages, you may contact HiBeats at email@example.com and we will take appropriate action.
9.4. By way of example, in addition to the provisions of these legal texts, all HiBeats Users must respect the following rules, whether in a HiBeat, in a comment on a HiBeat, a private chat message in their profile information, as well as on social networks or any other website owned by them:
- Not to post content on the App that is classified as spam, explicit content, false and incorrect information, identity theft, offensive behaviour or suspicious and/or fraudulent behaviour (such as the use of external tools or the exploitation of possible security flaws to falsify the level, points, “Coins” and other elements related to progress within the platform).
- Not to make comments or publish any content contrary to applicable law, morality and generally accepted good customs, public order or these Terms and Conditions, or that is defamatory, libellous, offensive, insulting, racist, obscene, threatening or discriminatory or any other behaviour included in these community rules.
9.5. In the event that any User uses the App for any of the actions described above, he/she will be warned, reprimanded and/or removed from the platform, proceeding with the system of warnings, bans or account removals from the internal administration of HiBeats, as set out in the following clause.
10. Warning, banning and reporting system
10.1. When any User of the platform violates any of the Community rules, he/she may be warned, reprimanded and/or removed from the community under the following sanctions:
- Ban: It implies the disqualification of the banned User’s profile for a certain period of time, this period of time will be decided by the administrators depending on the reason for the ban.
- Account removal.
10.2. HiBeats classifies violations committed by Users as minor, major and serious:
- Minor violation: Infringements that occur by accident, confusion or that violate community rules that do not cause offence to other Users.
- Major violation: Infringements that have occurred by accident, confusion or direct intent (malice aforethought and premeditation) that violate community rules that become offensive to other Users.
- Serious violation: Infringements that have been committed with direct intent (malice aforethought and premeditation) and/or with the clear intention of infringing the community rules in order to harm or put at risk the integrity of any of the people who make up the platform (Users and organisation).
10.3. In relation to the above-mentioned sanctions and violations:
- The accumulation of three (3) minor violations will result in a ban.
- Committing a major violation will result in a ban.
- The accumulation of two (2) or more bans may result in the account removal.
- The commission of a serious violation will result in the account removal, as well as the right to take legal action against the User.
10.4. To report any violation committed on the App, the User, whether Fan or Artist, must select the message in a private chat, profile, HiBeat, comment on a HiBeat or Making Of of a HiBeat and in the drop-down shown in each of the situations click on “Report” and indicate the reason for the report and a brief description. After this, the team of administrators will analyse the report in order to take the appropriate action, after contacting the reported User with the intention of having him/her remove the reported content at his/her own expense. In the event of a repeat offence, we will contact the user by email or telephone before deleting the account.
11.1. We may send you messages and notices in a variety of ways (including by email or by sending notices to your mobile device), either to inform you of changes to HiBeats or to any Terms and Conditions applicable to your use of HiBeats, or to provide you with information about new features and services. You expressly authorise the Holder to send you such notices.
11.2. You expressly acknowledge and agree that we shall in no event be liable for your failure to receive any information or notices sent to you, and we therefore ask you to keep the possibility of communication open or, if you do not, to periodically review any changes and modifications to these Terms and Conditions or other legal texts.
12.1. If any damages, losses or costs (including lawyers’ and attorneys’ fees) are suffered by the Holder as a result of a breach by the User of these Terms and Conditions or any other applicable Terms and Conditions, in such a case it implies an obligation to compensate the Holder.
12.2. Likewise, if due to the User’s non-compliance, any type of claims or procedures against the Holder are generated by third-parties, the User must leave the Holder unharmed by them, and the Holder may claim any expense, cost, damage or harm derived from them.
13. Duration, termination and exclusion
13.1. The duration of these Terms and Conditions is indefinite and lasts for as long as the User maintains his/her account with HiBeats.
13.2. At any time, the User may terminate these Terms and Conditions by simply cancelling his/her account through the App’s tools designed for this purpose.
13.3. For its part, the Holder reserves the right to terminate these Terms and Conditions or to block or remove the User’s account in the event of serious and/or repeated breach of the conditions set forth herein or any other applicable conditions.
14. Data Protection
14.2. At any time the User may modify his/her account details, or cancel the account through the functionalities available on the platform or by sending an email to the Holder.
15. Safeguarding and interpretation
15.1. These Terms and Conditions constitute the sole agreement between the User and the Holder.
15.2. If the Competent Authority declares any provision to be illegal, invalid or unenforceable, it shall mean that the same shall be interpreted in the manner closest to the original intention of such provision. However, such a declaration in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
15.3. The failure of the Holder to require strict performance of any term of these Terms and Conditions shall not constitute or be construed as a waiver by the Holder to require such performance in the future.
16.1. The language applicable to these Terms and Conditions is Spanish. If versions of these ones have been offered in other languages, it has been for courtesy, for the comfort of the User. The User expressly accepts that these Terms and Conditions shall always be governed by the Spanish version.
16.2. If there is any contradiction between what is said in the Spanish version of these Terms and Conditions and what is said in any of its translations, in any case the Spanish version shall prevail.
17. Legislation and jurisdiction
The relationship between the Holder and the User shall be governed by Spanish law and, in the event of any conflict in the interpretation or fulfilment of these Conditions, they shall submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction to which they may be entitled, unless another jurisdiction is established by law.