Blingfm.com Terms of Service

Last Updated: April 2, 2024

Welcome to Blingfm.com (the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site and all related services offered by Blingfm, LLC ("Blingfm," "we," "us," or "our"). By accessing or using the Site, you ("you" or "user") agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Site.

1. Object and Validity of these TOS

Please be aware that if you subscribe to our services for a term (the "Initial Term"), then the terms of your subscription may be automatically renewed for additional periods of the same duration, unless you cancel your subscription in accordance with Section 10 below.

Please take a few moments to read through these TOS: The company BlingFM Studio. Bangalore, India E-Mail address: [email protected] (hereinafter referred to as "BlingFM") operates a platform for streaming music and audio content on the internet portals https://www.blingfm.com and other websites, as well as on mobile applications. BlingFM provides access to a vast library of songs, albums, playlists, podcasts and other audio content. This gives you the opportunity to discover and enjoy new music, podcasts and audio on your computer or mobile device. In addition, you have the possibility to purchase premium content on the Platform. The use of the Platform shall be subject to the following TOS in the version valid at the time of your registration or order, or as amended from time to time in accordance with Section 14.

BlingFM does not accept any deviating general terms and conditions from you unless BlingFM agrees to their validity in writing. These TOS, together with the specific information provided as part of the registration (see Section 3), when ordering a paid subscription (Section 4) and/or other individual content (see Section 6), constitute the complete user contract. The provided information is saved by BlingFM and is available in your user account at any time.

You accept the validity and applicability of these TOS when registering, purchasing a paid subscription or individual content pieces, as the case may be. These TOS also apply, with a few exceptions which are explained in detail in each case, if you have been granted your BlingFM account by your employer (in this case you have a "B2B License").

2. Blingfm StudioServices and Rights

BlingFM Studio's Services and Rights BlingFM Studio provides access to a vast library of songs, albums, playlists, podcasts and other audio content (the "Platform Content"), which allow you to discover and enjoy music, podcasts and audio works. Moreover, BlingFM Studio may provide personal profiles to you, which you can customize with your preferred Platform Content, create playlists, and categorize content. Subject to availability, you can purchase additional individual premium content on the Platform.

The extent of the Platform Content and the options to use (the "License") depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5) and a purchase of individual premium content (see Section 6). In terms of duration, the license is limited to the validity period of the respective subscription. In case of a purchase of individual premium content its availability in your account will be unlimited (subject to Section 6). The rights to BlingFM Studio's service and the content distributed through the service are and will remain with BlingFM Studio and/or BlingFM Studio's licensors.

Our Platform Content is usually protected by copyrights and may not be redistributed by you. The BlingFM Studio software applications and Platform Content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the BlingFM Studio service and its contents. When using our Services, you must always observe our Acceptable Use Policy, which you can find here. All BlingFM Studio trademarks as well as our trade names, logos, domain names and other distinctive features of the BlingFM Studio trademark are the sole property of BlingFM Studio. The license does not give you any right to use the BlingFM Studio trademarks, our trade names, logos, domain names or any other distinctive features of the BlingFM Studio trademark, be it for commercial or non-commercial purposes.

3. Registering with BlingFm

Registering with BlingFM In order to be able to use BlingFM's services, a registration with BlingFM is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with BlingFM if you are at least 14 years old and your legal representatives have provided their consent. BlingFM reserves the right to make the use of BlingFM services contingent on proper proof of your identity, your legal age, or your legal representative's consent.

The registration itself is free of charge ("Basic Account") and does not oblige you to obtain a paid subscription. By registering, you are entering an agreement with BlingFM for a limited, free use of the Platform. If you have been granted your BlingFM Account by your employer, registering with BlingFM via the option communicated to you by your employer is all you need to do - you can immediately use all the content covered by the contract with your employer.

You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website or after downloading our iOS or Android apps. Any information required for registration must be complete and correct and always up-to-date. The password used must be kept confidential.

Keeping it a secret is solely and fully your responsibility. The BlingFM user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to BlingFM immediately.

4. Executing an Agreement for a Paid Subscription

Executing an Agreement for a Paid Subscription To be able to fully benefit from BlingFM's services, additional service packages in the form of paid subscriptions ("Subscription Access") are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options. BlingFM's Subscription Accesses are paid subscriptions that allow you to access additional content and features through our mobile and web-based applications.

We currently offer the following subscription / service packages: The BlingFM Premium service package includes access to our whole library, i.e. to all of our Platform Content including premium songs, albums, playlists and podcasts. It also gives you the right to use features like offline listening, high quality audio, and ad-free listening. If you receive your BlingFM access through your employer, you generally have access to the BlingFM Premium service package.

However, there may be deviations due to individual agreements between BlingFM and your employer. You will have access to the respective services as long as your subscription is valid. If you want to purchase your BlingFM Premium subscription via our website, you submit a legally binding offer for a fee-based subscription, by you entering the information requested in the online order form and then clicking on the "Subscribe now" (or similar) button. The contract is concluded when BlingFM issues a notice of acceptance (order confirmation), which will be sent to you by email within a reasonable time. If you purchased your fee-based subscription via BlingFM's web-based app, BlingFM will send the order confirmation to you by email together with the receipt confirmation immediately following your order. If you purchased your fee-based subscription via an in-app purchase (please also see Section 4 (5)) you will receive a receipt confirmation following your order from the third party appstore and BlingFM will send to you the notice of acceptance (order confirmation) by separate email.

In both cases, the text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) will be sent to you by BlingFM on a permanent data carrier (email) (contract confirmation). Your subscription begins on this date. You can also sign up for a paid subscription through an in-app purchase through our iOS or Android apps. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the third party appstore.

As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the third party appstore (not directly from BlingFM).

5. Trials/ Testing Phases

Trials/Testing Phases BlingFM occasionally offers in particular to new users free-of-charge Subscription Access for testing purposes for a certain period of time ("Trial"). BlingFM determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, BlingFM may discontinue or change such free Trial at any time without prior notice or notification. You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial.

Your subscription then generally renews on a recurring basis. It can be terminated up to one day before the end of the respective subscription period (Section 10 (2)). You will always be clearly informed of this process before you subscribe to your Trial. If, in a case of Section 5 (2), you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access before the end of the Trial (for example, by simply going to your BlingFM Account Settings or the respective app store settings). We grant a 14-day money-back guarantee for subscriptions that are purchased via our website (Section 4 (3-4)). If you have purchased a Subscription Access as an in-app purchase (Section 4 (5)), we have no influence on refunds and therefore cannot guarantee a refund within 14 days. Your statutory claims remain unaffected by this.

6. Individual Purchase of Content

Individual Purchase of Content From time to time, we also offer you the opportunity to purchase additional, individual Platform Content to test our offer without having to purchase a full Subscription Access. You submit a legally binding offer for the individual content that you have selected, if you enter the information requested in the online order form and then click on the button "Buy now" (or similar). By doing so, you submit a legally binding offer for a paid contract. The contract is concluded when BlingFM issues a notice of acceptance (order confirmation), which will be sent to you by email within a reasonable time.

If you purchase your individual content via BlingFM's web-based application or via an online checkout offered by BlingFM, we will send the order confirmation to you by email together with the receipt confirmation and these TOS. When you purchase individual content, BlingFM grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable license to download such content to your BlingFM Library for your personal, non-commercial use.

You are not entitled to alter, modify, sell, transfer, share, lease, decompile, disassemble, reverse engineer, copy, reproduce, duplicate, distribute, publicly perform, create derivative works from or otherwise commercially exploit the content or otherwise use and/or export the Content outside the BlingFM Library.

7. Third Party Links and Advertising

Third Party Links and Advertising The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BlingFM. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

If you access any third party website, service, or content from BlingFM, you understand that these TOS and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that BlingFM shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

In consideration for BlingFM granting you access to and use of the Service and if you do not use a paid service, you consent to BlingFM showing you promotional information on the Platform. Our paid service occasionally includes content that has been developed in collaboration with other companies.

8. Analytics

Anonymous usage statistics are collected through Google Analytics/Firebase in order to improve the app. You can disable them from Settings/About (Privacy policy).

9. Personal Information We Collect

When you access or use BlingFm, we may collect the following information: Anonymous Account ID: you are not required to provide us with any user information to access or use BlingFm.

When you subscribe to a podcast or enable push notifications, we store an anonymous account ID on our servers in order to provide you with new episodes or notifications. Premium Content Podcasts: if you subscribe to a private or password protected podcast, the URL, username and password required to access the podcast is stored on our server so that we can provide you with new episodes. IP Address: we store the IP addresses of BlingFm users in our server logs for logging and analysis purposes. This information is not used to identify you and is deleted on a regular basis. Analytics: We use third party analytics services to gather anonymous usage information about BlingFm, such as crash reporting.

Feedback: when you use the “Send Feedback” feature in the app, certain information will automatically be included in the email sent to us, such as your version of BlingFm and operating system used to run BlingFm, so that we can investigate the problems you report. You can manually delete this information from the email template if you do not wish to include it. In addition, the “Attach Logs” and “Attach Database” options will upload 7 days of application logs and your local app database, which includes your play history, inbox and queue. Note: BlingFm makes backups of its local database to Apple’s iCloud Drive service. We have no access to or control over these backups.

9. Children’s Information

We do not knowingly collect personal information from children under the age of 16. If you are under the age of 16, you should not provide us with your personal information. If you are a parent or guardian and discover that your child under the age of 16 has provided personal information, then you may alert us as set forth in the “Contact Us” section below and request that we delete that child’s personal information from our systems.

10. Contact Us

All comments, questions, concerns, requests or complaints regarding your personal information or our privacy practices (including with respect to any service providers outside of your country of residence) should be sent to our Privacy Officer at [email protected].