TERMS OF USE

Date of entry into force: 2023/01/01

These Terms and Conditions set out the rules for Syntega FM Services.

Relationship between the User and Syntega FM

The use of Syntega FM Services is subject to the terms of the agreement between the User and Syntega FM.

The agreement between the User and Syntega FM consists of the Terms and Conditions set out in this document and the Privacy Policy applied by Syntega FM https://syntega.it/products/fm/privacy

The Terms and Conditions constitute a legally binding agreement between the User and Syntega FM regarding the use of Syntega FM Services. The User should carefully read and get acquainted with them.

The Terms and Conditions apply to all Users of Syntega FM Services, including Users who post radio stations URLs in Syntega FM.

This agreement is concluded for an indefinite period.


Acceptance of Terms and Conditions

The User needs to accept these Terms and Conditions in order to use Syntega FM Services.

Failure to accept this Terms and Conditions results in the User not being able to use Syntega FM Services.

The User acknowledges that the moment they begin to use Syntega FM Services should be treated as the acceptance of the Terms and Conditions.

The User may not use Syntega FM Services if they are of an age that prevents them from concluding a legally binding agreement with Syntega FM.


Subject of the service

The provision of Syntega FM Services consists of providing the User with a search engine and a directory of Internet radio stations with URL addresses for audio streams made available to the public by radio broadcasters.

Playback of radio programs is done through a built-in player, which entails a direct access to the radio stations streaming service.

Syntega FM allows its Users to connect directly with broadcasters. Playback of the audio stream and radio stations is done through connecting the Users device directly to the radio stations streaming server.

Syntega FM is not a broadcaster and does not participate in audio transmission. It does not retransmit and does not interfere with the content distributed by broadcasters.

Syntega FM does not guarantee all radio stations to be present in the directory, and in particular, it does not guarantee the possibility of listening to all radio programs.

Syntega FM shares only the links to public audio streams.

Syntega FM plays only publicly available audio streams. It does not violate any security measures that may be used by broadcasters to prevent playback on external players.

The URLs of the audio streams available in Syntega FM come, among others, from publicly available radio stations websites.

The URLs of the audio streams are acquired, among others, with the use of automatic mechanisms, called bots, that analyze content only from the publicly available broadcasters websites.

Every User of Syntega FM can add URLs of audio streams to their personal directory. Please note that Syntega FM cannot verify if the stream owners agree to their use in external players.

Syntega FM respects the right of radio broadcasters to request the removal of the URL to the stations audio stream from Syntega FM's service. The removal of the station takes place on explicit request submitted via email to info@syntega.it

Technical requirements and the quality of the Service

One can only use Syntega FM Services on end devices with the parameters and properties defined on our website: https://syntega.it and Google Play.

Syntega FM does not provide the end devices referred to in Paragraph 1. It does not provide access to the Internet and is not responsible for its lack or incorrect operation.

The quality of the Service may depend on the parameters of the Users Internet connection or end devices and cannot be, in any way, controlled or influenced by Syntega FM.


Conditions for providing and using Syntega FM Services

Access to Syntega FM Services is possible via the mobile application for Android and iOS and desktop applications for Windows and other OS.

Syntega FM guarantees an access to Syntega FM Services for mobile applications legally downloaded from Google Play.

The use of Syntega FM Services are free.

A possible Premium version, which results in advanced feautres and turning off visual advertisements in the mobile application, requires making a payment. The payment is made once a year and gives unlimited access to the Premium version for 12 months. The payment support is provided by Google Play.

The fee for the Premium version does does not affect audio advertisements broadcasted by radio stations.

While using Syntega FM Services, the Internet access charges or data transmission charges collected by third parties: the Internet or mobile operators, may apply. The payment of these fees is the liability of the User.

At a later stage, the User may decide to create an account in order to use some of the advanced functions of Syntega FM.

Creating an account or using certain functions of Syntega FM requires the User to provide us with a valid email address.

The User providing us with their personal data, including the email address, consents to the collection and use of these data in accordance with the Privacy Policy available at https://syntega.it/products/fm/privacy

The User is not allowed to use Syntega FM Services:

In a manner that is inconsistent with their purpose and character, preventing or disrupting the use of services by other Users.

In a manner that violates the integrity of Syntega FM's IT systems.

In a manner that leads to committing an act which is prohibited by the applicable law.

In order to provide or share unlawful content.

In order to share or make available to the public the works protected by copyright or related rights without having a relevant license, in particular to share such works with people who are not in a personal union within the meaning of art. 23 par. 2 of the Act on Copyright and Related Rights (Journal of Laws of 1994 No. 24, item 83, as amended).

In a manner that would use Syntega FM's IT systems to commit a prohibited act.


Contents and links in Syntega FM

Syntega FM only provides direct URLs to audio streams from radio broadcasters.

Syntega FM has no control over and is in no way responsible for the audio content transmitted by radio stations to which the addresses of the streams are shared via Syntega FM.

Syntega FM Services may contain hyperlinks to other sites which do not belong to Syntega FM or are not controlled by Syntega FM. Syntega FM has no control over the content, privacy policies or practices applied on third party websites. Syntega FM cannot be held responsible for them.

The User acknowledges and accepts that Syntega FM is not responsible for the availability of external sites or resources as well as any advertisements, products or other contents shared through such sites or in such resources.

The User acknowledges and accepts that Syntega FM is not liable for losses or damages that the User may incur in connection with the availability of external sites or resources or in connection with the User's reliance on the completeness and accuracy of information or the existence of any advertising, products or other contents on such sites or resources.


Advertisements

Syntega FM can display advertisements of goods and services of entities which are not related to the brand.

Syntega FM does not represent these entities in any manner.

The User acknowledges that Syntega FM is not liable for any loss or damage arising from a relationship between the User and a third party which could possibly occur while using Syntega FM.

Syntega FM has no influence on the audio advertisements played by radio broadcasters. It does not limit them in any manner.


Change of Terms and Conditions

Syntega FM reserves the right to amend or modify these Terms and Conditions to the extent permitted by the applicable law.

Syntega FM will notify its Users about introducing significant changes to the Terms and Conditions in a clear and appropriate manner, for example by announcing the information on the website https://syntega.it/products/fm or by sending an email.

Any changes to the Terms and Conditions become effective at the time of their publication. After the information about changes to the Terms and Conditions is announced, the User is obliged to immediately get acquainted with these changes. Using Syntega FM Services after the notification of changes equals to the acceptance of the new content of the Terms and Conditions by the User.


Licenses for the use of Syntega FM application and third-party applications

Syntega FM applications are made available to the User under license and they are not sold. Syntega FM remains the owner of all of the copies of Syntega FM application even after they are installed on the User devices.

The User cannot sub-license or make the Syntega FM software available to any third parties as well as distribute or share any elements of the software or a copy thereof.

Certain functions of Syntega FM use integration with third-party services. These services may be subject to their own terms and conditions or privacy policies, so the use of these third-party services will be subject to these terms and conditions and privacy policies. The User acknowledges and accepts that Syntega FM does not support the function of Third-Party Services or transactions that the User may conclude with the provider of any Third-Party Service and takes no responsibility for them.

Syntega FM uses the open and community driven radio-browser.info API as a directory of radio broadcasters.

For song details, Syntega FM uses the Discogs’ API but is not affiliated with, sponsored or endorsed by Discogs. ‘Discogs’ is a trademark of Zink Media, LLC.


Suspension or limitation of the Service

Syntega FM may temporarily suspend the provision of the Service for technical reasons, in particular in the case of the maintenance or modernization of the Operator's Equipment as well as in the event of a breakdown or prevention thereof.


Limitation of liability

Syntega FM shall not be liable to the User for:

indirect or consequential losses that the User may incur - the loss of profit (both directly and indirectly), the loss of reputation as well as the loss of data,

any losses and damages incurred by the User as a result of:

the User's reliance on the completeness and accuracy of information,

the existence of any advertisement or as a result of entering into any relationship or agreement with an advertiser whose advertisements are displayed through Syntega FM Services,

changes that may be made to Syntega FM Services, temporary or permanent cessation of the provision of Services or resignation from certain Syntega FM Services,

deletion, damaging or non-preservation of the content and data processed as part of the use of Syntega FM Services, not complying with the security and confidentiality rules of the password or Syntega FM account data by the User.


Complaint procedure

The User of Syntega FM has the right to file a complaint regarding matters related to the functioning of Syntega FM Services.

Complaints should be submitted electronically to the following address: info@syntega.it

Syntega FM will investigate the complaint within 14 days following its receipt.

A response to the complaint will be sent to the User to the address provided by the User in the complaint.

Syntega FM reserves the right to extend the period specified in the paragraph 3 - by no more than 10 additional days - in the event that the investigation of the complaint requires special and unusual actions and arrangements or that Syntega FM encounters obstacles independent thereof. Syntega FM also stipulates that the consideration of the complaint may require obtaining additional explanations from the User - the time used for providing explanations by the User prolongs each time the period of the consideration of the complaint.

All information about violations should be directed to us at: info@syntega.it


Termination of the agreement with Syntega FM

The Terms and Conditions of this agreement shall remain in force until terminated by the User or by Syntega FM in the manner set out below.

If the User wants to terminate the agreement with Syntega FM, they can do this:

At any time, by notifying Syntega FM in writing of the termination of the agreement and

Through ceasing to use Syntega FM or closing the Syntega FM account.

Syntega FM may terminate the agreement with the User with immediate effect if:

The User breaches any provisions of the Terms and Conditions.

Subject to the applicable law, Syntega FM will be required to terminate the agreement.

Syntega FM may terminate the agreement with the User if:

Syntega FM will be no longer providing the Service in the country of the User's residence.

From the Syntega FM's standpoint, the provision of Services ceases to be commercially viable.


Personal data protection

Detailed information about the protection of personal data can be found in the Privacy Policy of Syntega FM Services
https://syntega.it/products/fm/privacy

Syntega FM undertakes that during the processing of personal data in connection with the provision of Syntega FM Services and after its completion, it will comply with applicable and valid provisions regarding the protection of personal data

Syntega FM undertakes to exercise due diligence in securing data sets within the scope justified by technical or economic considerations.


Final provisions

In the case of matters not covered by these Terms and Conditions, the applicable provisions of the Swiss law shall apply.

In the case of a dispute arising from the Terms and Conditions and the use of Syntega FM Services and after the complaint procedure has been exhausted, the dispute may be resolved through a mediation procedure or by a competent common court.