Terms of Service - Release Assist

Welcome to Jamiano!

In these terms, we also refer to Jamiano Ltd, a company registered in England and Wales under company number: 16706333 with registered office 3rd Floor, 86-90 Paul Street, London, England, EC2A 4NE as “Company”, “our”, “we”, or “us”.

And you are you!

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after making an online order, in some cases, you can change your mind and get a full refund. If you sign up for a Subscription for the Solution within this time, you waive the right to cancel and receive a full refund within the 14 day period.

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that the Solution is as described, fit for purpose and of satisfactory quality and so nothing in these Terms affects statutory rights.

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

If you have any questions about this contract, please contact us by using the contact us functionality on our Website.

What are these terms about?

These terms apply when you sign up for our Solution through our website, being releaseassist.com and any other websites we operate with the same domain name and a different extension (Website) or by purchasing our Solution via email.

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Solution, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Solution” in these terms, we mean our Software platform available through our Website and any of the services provided during the Solution including access to associated study or reading materials (Solution). Our Solution includes an analyses music details submitted by the Client, alongside relevant social-media and audience metrics, the software generates forecasts for a track’s potential performance, evaluates the likelihood of achieving specific career goals, and recommends clear, personalised steps to achieve the clients goals.

Clients who create an account for personal use of the Solution will be referred to in these terms as Clients.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you place an enquiry for our Solution, or otherwise engage with the Solution, please carefully read these terms. By clicking “accept” when you create an account, or otherwise proceed to engage with the Solution, you agree to be bound by these terms.

1) INFORMATION WE GIVE YOU

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms and elsewhere throughout our website. If you cannot access this information for any, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.
The key information we give you by law forms part of this agreement (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

2) ELIGIBILITY

This Solution is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Solution. By using the Solution, you represent and warrant that you are either:
over the age of 18 years and accessing the Solution for personal use; or
accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Solution.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

3) ACCOUNTS

(Accounts) To use the Solution, you are required to sign-up, register and receive an account through the Solution (an Account).
(Provide Information) As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, social media accounts, password, and other information as determined by us from time to time.
(Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
(Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user and provide you with an Account.
(Security) Your Account Information must be kept secure, and you must not allow others to access the Solution via your Account. You are solely responsible for keeping your Account secure.

4) CLIENT OBLIGATIONS

4.1) GENERAL

The Client:

must provide Jamiano with all documentation, information and assistance reasonably required by Jamiano to provide the Solution.
must provide Jamiano with access to the Client’s premises and Personnel, to the extent required to provide the Services; and
agrees that it will not, by receiving or requesting the Solution:

breach any applicable laws, rules or regulations (including any applicable privacy laws); or
infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

4.2) USE OF SOLUTION

The Client must not, without Jamiano’s prior written approval:
upload sensitive information or commercial secrets to the Solution;
upload any harmful, discriminatory, defamatory, maliciously false implications, offensive, explicit, inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material to the Software;
upload any material that is owned or copyrighted by a third party;
make copies of the Documentation or the Solution;
adapt, modify or tamper in any way with the Solution;
remove or alter any copyright, trade mark or other notice on or forming part of the Solution or Documentation;
create derivative works from, translate or reproduce the Solution or Documentation;
publish or otherwise communicate the Solution or Documentation to the public, including by making it available online or sharing it with third parties;
sell, loan, transfer, sub-licence, hire or otherwise dispose of the Solution or Documentation to any third party;
decompile or reverse engineer the Solution or any part of it, or otherwise attempt to derive its source code;
attempt to circumvent any technological protection mechanism or other security feature of the Solution;
permit any person to use or access the Solution or Documentation;
intimidate, harass, impersonate, stalk, threaten, bully or endanger any other user of the Solution or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Solution;
share its Software account information with any other person and that any use of its account by any other person is strictly prohibited. The Client, must immediately notify Jamiano of any unauthorised use of it’s account, password or email, or any other breach or potential breach of the Software’s security;
use the Solution for any purpose other than for the purpose for which it was designed, such as not using the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; nor
act in any way that may harm Jamiano’s reputation or that of associated or interested parties or do anything at all contrary to the interests of Jamiano or the Solution.

5) DISCLAIMERS

5.1) NO GUARANTEED OUTCOME

The Solution is a software tool designed to assist the Client in transforming artistic data and online presence into actionable insights. Any information, analytics, or recommendations generated by the Solution are provided for operational purposes only.
Jamiano makes no representations or warranties regarding the decisions of any third party, including regulators, inspectors, or authorities, based on the Client’s use of the Solution.

5.2) NO LEGAL, FINANCIAL OR REGULATORY ADVICE

The Solution does not constitute legal, financial, or regulatory advice. The Client remains solely responsible for complying with all applicable laws, regulations.
The Client should seek independent professional advice where required, including legal, financial, and regulatory advice. The Client accepts full risk for any failure to comply with applicable laws or regulations.

5.3) OPERATIONAL RESPONSIBILITY AND DATA ACCURACY

The Solution relies entirely on accurate input from the Client’s personnel. The Client is responsible for ensuring all data entered into the Solution is complete and correct.
Jamiano is not liable for any loss, or damage resulting from incorrect, incomplete, or omitted data.

6) PAYMENT

(Fees) The Client must pay to Jamiano the fees in the amounts set out on the Website, or as otherwise agreed to in writing (Fees).
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Solution. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for the Solution, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing to the Solution at the correct Fees or cancelling your Account. If you choose to cancel subscription and the Fees have already been debited, the full amount will be credited back to your original method of payment.
(VAT) Unless otherwise indicated, amounts stated on the Website do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.

7) YOUR PRIVACY AND PERSONAL DATA

Our Privacy Policy is available at https://releaseassist.com/legal
Your privacy and personal data are important to us. Any personal data that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal data we collect from you, how and why we collect, store, use and share such data, your rights in relation to your personal data and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal data.

8) INTELLECTUAL PROPERTY

8.1) CLIENT DATA

The Client grants to Jamiano (and its Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Data to the extent reasonably required to provide the Solution.
The Client:

warrants that Jamiano’s use of Client Data as contemplated by this agreement will not infringe any third-party Intellectual Property Rights; and
indemnifies Jamiano from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

8.2) PROVIDER IP

Unless otherwise expressly agreed in a Key Details, the Client will not under this agreement acquire Intellectual Property Rights in any Jamiano IP or Developed IP.
Any Developed IP will be solely and exclusively owned by Jamiano and vest in Jamiano immediately upon creation.
Jamiano grants to the Client a non-exclusive, royalty free, non-transferable, worldwide and revocable licence to use Jamiano IP and any Developed IP to the extent required for the Client to use, enjoy the benefit of or exploit the Solution.

8.3) DEFINITIONS

For the purposes of this clause:

“Developed IP” means any materials produced by Jamiano in the course of providing the Solution including documentation, reports, data, designs, concepts, know-how, information, advice, opinions, emails, notes whether in draft or final form, in writing, provided orally, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to those materials.
“Provider IP” means all materials owned or licensed by Jamiano that is not Developed IP and any Intellectual Property Rights attaching to those materials.

9) THIRD PARTY SERVICES

9.1) THIRD PARTY GOODS AND SERVICES

The Solution may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Solution is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Solution.

9.2) DATA PROTECTION

Words and phrases in this clause shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (“GDPR”) as amended, and the Data Protection Act 2018 as amended that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (“Data Protection Legislation”) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
During and after the delivery of the Solution, the Client agrees that Jamiano will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:

The Company providing the Solution;

The Company and/or its Personnel and third party partners may use the contact details the Client and the Client’s representatives to send marketing materials or other publications;
The Company may process personal data concerning its other clients and contacts in other ways for its own business purposes;
The Company may process and transfer personal data as necessary to effect a re-organisation of its business; and
The Company may share personal data with other legal or professional advisers or consultants used by it to provide the Client with legal or professional advice.

During and after the delivery of Solution, there may be limited occasions where Jamiano may process on the Client’s behalf as a processor any personal data the Client may have provided to Jamiano . The Company will advise the Client in writing where Jamiano believes Jamiano may act as a processor and any such processing shall be in accordance with, and subject to, the Client’s instructions.
Before performing the processing Jamiano shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. The Company will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by the Client to Jamiano against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Jamiano subcontract any processing (for example, in the case of external storage of data).
The Client’s instructions are taken to include the use by Jamiano, where appropriate, of independent contractors and third party partners appointed by it for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.
By accepting these terms, the Client gives positive consent for Jamiano to obtain, store and process information about the Client and their parents and legal guardians as described in the preceding clauses. The Client agrees that where necessary the Client will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Jamiano with personal data. It is also a term of this agreement that any personal data supplied by Jamiano to the Client about employees/independent contractors of Jamiano and/or any third parties may only be used for the express purposes for which that information is provided to the Client under this agreement.
Each party shall comply with the terms of the Data Protection Legislation.

10) SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Solution. You should take your own precautions to ensure that the process that you employ for accessing the Solution does not expose you to risk of viruses, malicious computer code or other forms of interference.

11) REPORTING MISUSE

If you become aware of misuse of the Solution by any person, any errors in the material in the Solution or any difficulty in accessing or using the Solution, please contact us immediately using the contact details or form provided on our Website.

12) SERVICE LIMITATIONS

The Solution is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
the Solution will be free from errors or defects;
the Solution will be accessible at all times;
information you receive or supply through the Solution will be secure or confidential; or
any information provided through the Solution is accurate or true.

13) NOTICES

A notice or other communication to a party under these terms must be:

in writing and in English; and
delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,

whichever is earlier.

14) LIABILITY

To the maximum extent permitted by applicable law, our maximum aggregate liability to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Solution, the Website, these terms or any other goods or services provided by us is limited to the actual amounts paid by you under these terms for the relevant Sessions giving rise to the claim (if any).
All express or implied representations and warranties in relation to the Solution, the Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

breach of any of these terms;
use of the Solution, the Website, the Services or any other goods or services provided by us; or
use of any other goods or services provided by us.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Solution, the Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under law).
Nothing in these terms will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
Nothing in these terms and conditions is intended to affect your statutory rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’).

15) DISPUTE RESOLUTION

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 30 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

16) ENDING THESE TERMS

We can end these terms and our agreement with you, if you do not comply with any part of them
We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are interfering with the operation of the Solution or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.
The consequences of our agreement with you ending are as follows:

you are no longer allowed to use the Solution and we may remotely limit your access to it;
we may delete or suspend access to any accounts that you hold with us; and
you are not entitled to a refund to the extent you paid for the Solution of any of its features.

17) SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

18) GENERAL

18.1) GOVERNING LAW AND JURISDICTION

These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

18.2) WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3) SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

18.4) JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5) ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

18.6) THIRD PARTY RIGHTS

No one other than a party to this agreement has any right to enforce any term of this agreement.

18.7) COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

18.8) ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

18.9) INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation;
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision;
(written or in writing) includes communication via email.

Terms & Conditions