Terms of Service

1.1 In-Store Music Service

Zoleya provides curated, AI-generated background music specifically designed for physical commercial spaces including restaurants, hotels, gyms, retail shops, hair salons, clinics, coworking spaces, and similar establishments. Our service delivers licensed, royalty-free music that complies with all applicable performance rights regulations.

1.2 Music Catalog Access

Subscribers gain access to our catalog of original, AI-generated music tracks that may be used in creative and commercial projects including videos, social media content, advertisements, podcasts, and other digital media, subject to the usage restrictions outlined in these terms.

1.3 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. Scheduled maintenance, technical issues, or force majeure events may temporarily affect service delivery.

2.1 Subscription Plans

We offer tiered subscription plans based on business size and requirements. Plan details, pricing, and features are outlined on our Pricing page and may be updated periodically with advance notice to existing subscribers.

2.2 Subscription Period

Subscriptions are billed on a monthly basis unless otherwise specified. Your subscription automatically renews at the end of each billing cycle unless cancelled prior to the renewal date.

2.3 Plan Changes

You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately with prorated billing adjustments. Downgrades take effect at the start of the next billing cycle.

2.4 Free Trials

If we offer a free trial period, you must cancel before the trial ends to avoid charges. Trial availability and duration are at our discretion and may be limited to new customers only.

3.1 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated during checkout. You authorize us to charge your selected payment method for all fees incurred under your account.

3.2 Billing Cycle

Subscription fees are charged in advance on a recurring monthly basis on the calendar day corresponding to the commencement of your subscription. If a month has fewer days than your billing date, billing occurs on the last day of that month.

3.3 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' advance notice. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods. Continued use of the service after a price change constitutes acceptance of the new pricing.

3.4 Failed Payments

If payment fails, we will attempt to process the charge again. Continued payment failure may result in service suspension or termination. You remain responsible for all outstanding fees.

3.5 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes except those based on our net income.

4.1 Music Ownership

All music tracks provided through our service are original works generated using artificial intelligence technology. Zoleya retains all intellectual property rights, title, and interest in the music catalog, including all copyrights.

4.2 License Grant

Subject to your compliance with these terms and active subscription status, we grant you a non-exclusive, non-transferable, revocable license to use our music in accordance with your subscription plan. This license permits commercial use in your physical business locations and approved creative projects.

4.3 Royalty-Free Nature

Our music is royalty-free, meaning you are not required to pay additional performance royalties or licensing fees to collecting societies (such as SGAE in Spain) for music played in your commercial spaces or used in your projects, provided you maintain an active subscription.

4.4 Attribution

Attribution is not required but is appreciated. If you choose to provide credit, please reference 'Music by Zoleya' or similar acknowledgment.

4.5 No Transfer of Rights

This license does not transfer any ownership rights to you. You may not claim authorship, register copyrights, or assert any proprietary rights over the music tracks.

5.1 Commercial Space Usage

You may play our music as background audio in your physical commercial locations covered by your subscription plan, including retail stores, restaurants, hotels, gyms, salons, clinics, and similar establishments.

5.2 Creative Project Usage

You may incorporate our music into videos, social media content, advertisements, podcasts, presentations, and other creative works for commercial or personal purposes.

5.3 Multi-Location Usage

If your subscription covers multiple locations, you may use the music across all locations specified in your plan. Unauthorized use in additional locations constitutes a breach of these terms.

6.1 Redistribution Prohibited

You may not sell, resell, license, sublicense, distribute, or redistribute the music tracks as standalone audio files. The music must be integrated into a larger work or used as intended background audio.

6.2 Music Library Prohibition

You may not upload, submit, or make available our music tracks to any music library, stock music platform, streaming service, or similar distribution channel.

6.3 Competitive Use Prohibited

You may not use our music to create a competing music service, library, or product.

6.4 Circumvention Prohibited

You may not attempt to reverse engineer, decompile, or extract source materials from our music tracks or service technology.

6.5 Offensive Content

You may not use our music in connection with content that is defamatory, discriminatory, pornographic, illegal, or promotes violence, hatred, or harm.

7.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access or security breach.

7.2 Accurate Information

You must provide accurate, current, and complete information during registration and maintain the accuracy of this information throughout your subscription.

7.3 Compliance with Laws

You agree to use our services in compliance with all applicable local, national, and international laws and regulations.

7.4 Proper Equipment

You are responsible for obtaining and maintaining all equipment, internet connectivity, and technical requirements necessary to access and use our services.

8.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of your current billing cycle. You will retain access to the service until that date.

8.2 No Refunds

Subscription fees are non-refundable except as required by applicable law or as explicitly stated in these terms. If you cancel mid-cycle, you will not receive a prorated refund but will retain access through the end of the paid period.

8.3 Termination by Zoleya

We reserve the right to suspend or terminate your account and access to our services immediately, without prior notice or liability, for any reason including breach of these terms, fraudulent activity, or non-payment.

8.4 Effect of Termination

Upon termination or expiration of your subscription, your license to use our music terminates immediately. However, music already incorporated into completed projects (videos, podcasts, etc.) created during your active subscription period may continue to be used.

9.1 Service Provided 'As Is'

Our services are provided on an 'as is' and 'as available' basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Guarantee of Results

We do not guarantee that our music will achieve any particular result for your business, increase customer satisfaction, or generate specific outcomes.

9.3 Music Quality

While we strive to provide high-quality, professionally produced music, we do not warrant that all tracks will meet your specific aesthetic preferences or business requirements.

9.4 Third-Party Claims

We warrant that our music is original, AI-generated content that does not infringe upon the intellectual property rights of third parties. However, we cannot guarantee protection against frivolous or unfounded claims.

10.1 Liability Cap

To the maximum extent permitted by applicable law, Zoleya's total liability to you for all claims arising from or related to these terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to liability.

10.2 Exclusion of Damages

In no event shall Zoleya be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, regardless of the theory of liability.

10.3 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Zoleya, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these terms; (c) your violation of any rights of another party; or (d) any content you create using our music.

12.1 Privacy Policy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

12.2 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. You have rights regarding your personal data as outlined in our Privacy Policy.

13.1 Right to Modify

We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by email or through our service at least 30 days before the effective date of the changes.

13.2 Acceptance of Changes

Your continued use of our services after the effective date of revised terms constitutes your acceptance of the changes. If you do not agree to the modified terms, you must cancel your subscription before the effective date.

14.1 Informal Resolution

In the event of any dispute, claim, or controversy arising from or relating to these terms or our services, you agree to first contact us at zoleyabarna@gmail.com to attempt to resolve the matter informally.

14.2 Mediation

If informal resolution is unsuccessful within 30 days, the parties agree to attempt to resolve the dispute through mediation before pursuing litigation or arbitration.

14.3 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Spanish Arbitration Court, conducted in Barcelona, Spain, in the Spanish language.

14.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

15.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

15.2 Jurisdiction

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts of Barcelona, Spain for resolution of any disputes.

15.3 European Union Rights

If you are a consumer residing in the European Union, you retain any mandatory rights provided by the laws of your country of residence, and nothing in these terms affects your statutory rights as a consumer.

16.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Zoleya regarding our services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these terms or your rights hereunder without our prior written consent. We may assign these terms without restriction.

16.5 Survival

Provisions that by their nature should survive termination shall survive, including intellectual property rights, warranty disclaimers, indemnification, and limitations of liability.

If you have any questions about these Terms of Service, please contact us at: Zoleya Servicios Modernos S.L.U. Email: zoleyabarna@gmail.com For customer support inquiries, please use the contact form on our website or email us at the address above.