{ Terms of Use – TEZZA
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Terms of Use

Terms & Conditions Terms & Conditions

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Tezza App LLC.

Tezza App LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Tezza app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Tezza app won’t work properly or at all.

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

You should be aware that there are certain things that Tezza App LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Tezza App LLC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Tezza App LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Tezza App LLC cannot accept responsibility.

With respect to Tezza App LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Tezza App LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Tezza App LLC does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

 

Epidemic Sound – End-User License Terms 

  1. Any use of Epidemic Sound’s music pieces and/or sound effects made available in Tezza (the “Licensed Works”) by you as the end-user of Tezza (“End-User”) is subject to these End-User License Terms. For the avoidance of doubt, if you have a subscription or otherwise have been granted a license directly from Epidemic Sound, such subscription or license might grant you additional rights, e.g. commercial use rights and the right to monetize on your content.
  2. Subject to the limitations and restrictions set forth below, you as the End-User are hereby granted a non-exclusive, non-transferable, and non-sublicensable license for your own personal, non-commercial use (meaning that you cannot use the Licensed Works in advertisements or otherwise to promote an organization or a brand, or any service or product): 
    1. to make copies (including the synchronization right) of the Licensed Works for the purposes of including them, in whole or part, with your personal audiovisual productions (“End-User Productions”) during such time as such Licensed Works are available within Tezza; and
    2. in perpetuity, to make any End-User Productions created in Tezza containing any Licensed Works available worldwide within Tezza and on your own social media channels.
  3. You may only use the Licensed Works under and subject to the rights and licenses granted under or in accordance with this Agreement, for the purposes of creating End-User Productions. All rights not expressly granted hereunder are reserved. In particular and without limiting the generality of the foregoing, you are not entitled to: 
    1. use any Licensed Work in (i) TV shows, (ii) feature films or documentaries, (iii) radio/podcast productions or similar, (iv) vignettes/theme songs, (v) corporate identification material (meaning sound-logos) or (vi) advertisements/commercials (meaning productions published within paid media space, such as, but not limited to; TV/cinema/radio/podcast commercials, out-of-home displays, and online pre/mid/post-rolls);
    2. use any Licensed Work in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons or that constitutes disinformation; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the any Licensed Works or that otherwise violates any rights of anyone associated with the any Licensed Works and/or any third party. You shall comply with any applicable laws and regulations. Moreover, you may not use any Licensed Works in connection with sensitive subjects. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like;
    3. change or edit any Licensed Works or parts thereof, but you may cut and loop them, as well as fade in and out Licensed Works, as required for inclusion in your End-User Productions;
    4. make available, or in any other way exploit any Licensed Work: 
      1. for the purpose of making the Licensed Work (in whole or in part) available on a stand-alone basis, hence without being
        synchronized with an End-User Production in accordance with the purposes of this Agreement, including, but not limited to, uses where complete or almost complete Licensed Works, on their own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as still image(s), panning motions or other limited animation/video/audio) or where the production is tantamount to use of the Licensed Works on a standalone basis, and/or uses of any Licensed Work(s) in an End-User Production for the purpose of creating a music listening experience;
      2. in any way that is intended to allow third parties to download and/or otherwise access or use the Licensed Works on a stand-alone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Works with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Licensed Works available in any physical products (e.g. in speakers); or
      3. in any way to repackage the Licensed Works or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems for any purpose and/or in any way use, distribute or otherwise exploit the Licensed Works your property.
    5. incorporate the Licensed Works in End-User Productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party; or
    6. incorporate any End-User Production containing any Licensed Works in a software application or video game.
  1. All rights and licenses granted hereunder are non-exclusive, non-transferable, non-assignable and non-sublicensable.
  2. When making End-User Productions available to the public you must provide credits - to the extent reasonably possible, in relation to uses
    where it is standard practice to do so or if credits are provided for other music or content providers - in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Pieces / courtesy of Epidemic Sound”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.
  3. You acknowledge and agree that you may not allow and receive remuneration from the display of advertisements, premium pro-rata revenues or other substantially similar forms of monetization, in connection with making available the End-User Productions on social media or other platforms, such as YouTube, offering such possibility (i.e. monetize). Epidemic Sound, as a third-party beneficiary to this Agreement, has the sole right, during and after the term of this Agreement, to monetize on End-User Productions on all channels and platforms. This means that when making your End-User Productions available, you may receive a monetization claim from Epidemic Sound, and you undertake not to dispute such claim. If you wish to be able to monetize your productions, you can find other licenses on the Epidemic Sound website.
  4. Limitations of Liability. Tezza App LLC and Epidemic Sound's total aggregate liability to you arising from your use of Licensed Works shall be limited to USD ten thousand ($10,000). FOR CLARITY, YOU UNDERSTAND AND AGREE THAT THIS CAP SHALL EXTEND TO EPIDEMIC SOUND AB AND ITS AFFILIATES, WHICH ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE TERMS AND CONDITIONS OF YOUR LICENSE TO THE LICENSED WORKS. 

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2021-11-05

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at cole@bytezza.com.