Terms of Service

Last updated and effective: February 28, 2020

General Terms – All Users

Welcome to Resso!

Resso is a streaming service that allows users to listen to music as well as generate their own visual content to be displayed in the background while a song is playing. For purposes of these Terms, “you” and “your” means you as a user of Resso and “Resso”, “we”, “us” or “our” refer to Moon Video, Inc. or its subsidiaries, parents, or affiliates as the provider of Resso.

These terms of service (these “Terms”) set forth the terms and conditions by which you may access and use the Resso website available at https://www.resso.app (and any successor site) (the “Website”), the Resso mobile application (the “App”) and any music, video, service(s), product(s) and content (including the Resso Content (as defined in Section 10)) offered on or otherwise made available through the Website and/or App (collectively, the “Services”). The Services are provided for your personal, non-commercial use only. You agree that you will not use the Services for any commercial or business purposes or for any public performances, and that you will not redistribute or transfer the Services or any part thereof.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

Please note that Section 15 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 15.

  1. Accepting the Terms

    By accessing or using the Services, you confirm that you are capable of forming a binding contract with us, that you have read, understood and accept these Terms and consent to our Community Guidelines and other policies and terms, which may be updated by Resso and made available to you from time to time and each of which are incorporated herein by reference.

    The Services are only for users aged 16 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). You may not use the Services if you are less than 16 years old. Additionally, if you are under the age of 18 (or the age of majority that may be set forth in the Supplemental Terms – Jurisdiction-Specific), you confirm that you have obtained consent from your parents or legal guardians, if such consent is required to form a binding contract with us.

    Access to the Services from jurisdictions where such access is illegal, unauthorized or penalized is strictly prohibited.

    You understand and agree that we will treat your access to or use of the Services as acceptance of these Terms from that point onwards. If you do not agree to these Terms, you must not access or use the Services.

  2. Privacy Policy

    Resso’s Privacy Policy helps explain how the data that is collected through your use of the Services is treated. By accessing or using our Services you confirm that you have read, understood, and accepted the terms of our Privacy Policy.

  3. Supplemental Terms

    If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Supplemental Terms – Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control with respect to your use of the Services from that jurisdiction.

  4. Changes to these Terms

    We may amend these Terms from time to time, for instance when we update the functionality of our Services or for legal or regulatory reasons. We will use commercially reasonable efforts to generally notify you of any material changes to these Terms, such as through a prominent banner notice on the Website and/or App, however, you should look at these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

  5. Your Account with Us

    To access or use the Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

    It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at contacts@resso.app.

    You agree that you are solely responsible (to us and to other users of our Services) for any and all activity that occurs under your account.

    We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

    Alternatively, you may access the Services by logging onto the Website and/or App through your accounts on third party services, such as Google or Facebook. If you do so, we will have access to information you have stored on such third party account such as your email address, profile picture and other information if you grant us permission. All issues that may arise from your use of such third party account shall be resolved by you and the applicable third party.

  6. Access to and Use of the Services

    Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not and you agree that you will not:

    • access or use the Services if you are not fully able or legally competent to agree to these Terms, unless you have obtained consent from your parents or legal guardians, if such consent is required to form a binding contract with us;
    • modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Services or any derivative works thereof;
    • copy, reproduce, record, distribute, download, perform, display, broadcast, create derivative works of, export or otherwise make available the Resso Content (as defined below) or other content obtained through the Services, regardless of whether a fee is charged, in any way which is not expressly permitted under the Terms, or which may infringe the copyright or other intellectual property rights of Resso or any third party or otherwise violate applicable law;
    • use the Services to record, rip or create a copy of any Resso Content including, but not limited to, using stream-ripping or stream capture software;
    • use the Services to lend or share the Resso Content or your account on the Services for the use of multiple people, except as specifically authorized by Resso or permitted under these Terms;
    • distribute, license, transfer, sell, rent, transmit, communicate, modify, sublicense, assign, redistribute, in whole or in part, any Resso Content or other content obtained through the Services or any derivative works thereof, in any way which is not expressly permitted under the Terms;
    • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
    • interfere with or attempt to interfere with the proper working of the Services, disrupt the Website or App or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services (e.g., such as circumvent geo-restrictions or anti-piracy measures taken by Resso, , take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure, use an anonymous proxy, do anything that may cause us to lose any services from our internet service provider or other suppliers);
    • artificially inflate play counts for songs and/or playlists, account follower counts, or otherwise interfere with the Services by any means, including through automated processes;
    • incorporate the Services or any portion thereof (including any Resso Content) into any other program or product in any way which is not expressly permitted under these Terms.;
    • use automated scripts to collect information from or otherwise interact with the Services;
    • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available is affiliated or sponsored by such person or entity;
    • intimidate or harass another, or promote indecent, offensive, sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • use or attempt to use another’s account, service or system without authorization from Resso (such as facilitate any illegal, unlawful or fraudulent activities);
    • remove or obscure any copyright, trademark or other intellectual property notices appearing on the Services;
    • block or attempt to block advertisements displayed through the Services;
    • use the Services in a manner that would violate any applicable laws;
    • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews;
    • use the Services to post, upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):
      • files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
      • any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation;
      • any private information of any third party, including addresses, phone numbers, email addresses, number and feature of a personal identity document (e.g., passport numbers) or credit card numbers;
      • any content which does or may infringe any copyright, trademark, patent, trade secret, or other intellectual property or privacy rights of any other person;
      • any content which is defamatory of any person;
      • any content that is false, fraudulent, inaccurate or misleading;
      • any content that is obscene, offensive, hateful, libelous, deceptive, fraudulent or inflammatory;
      • any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
      • any content that is deliberately designed to provoke or antagonize people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
      • any content that contains a threat of any kind, including threats of physical violence;
      • any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
      • any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
      • content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Resso, the Services or its users to any harm or liability of any type.

    We reserve the right, at any time and without prior notice, to remove or disable access to content on the Website and/or App (including your User Content) at our discretion for any reason, including if we find any content to be objectionable, in violation of these Terms or other applicable policies or terms for your use of the Services or otherwise harmful to the Services or other users of the Services.

    We reserve:

    • the right to limit the number of devices on which an individual subscription to the Services may be used to stream Resso Content; and
    • the right to refuse service, terminate accounts or limit access to the Services in our sole discretion
  7. Resso’s Service Plans, Trial, Renewal, Cancellation and Refund

    • Service Plans

      Some of the Services are provided to you free-of-charge (“Free Services”); while other Services require payment before you can use them (“Premium Services”).

      All Premium Services fees are exclusive of taxes, and you agree that we may charge you any applicable taxes in addition to the Premium Services fees.

      You may purchase the Premium Services by paying a subscription fee in advance on a monthly basis or another interval(s) notified to you prior to your subscription.

      We may change the price for the Premium Services from time to time and/or the features available with the Premium Services, and will communicate any such changes to you in advance. Price changes will take effect at the start of the subsequent subscription period following the date of the price change. If you do not agree with the price changes, you have the right to terminate your subscription to the Premium Services before the price changes go into effect. As such, please make sure you read any notification of price changes carefully.

    • Trials

      Trials of Premium Services provided for a specified period for free or at a reduced rate (a “Trial”) may be made available to you. To the maximum extent allowed under applicable law, we reserve the right to determine your eligibility for a Trial, and to withdraw or modify the Trial with or without prior notice.

      You may be required to provide payment details in order to start a Trial. AT THE END OF SUCH TRIAL, WE MAY, TO THE EXTENT ALLOWED UNDER APPLICABLE LAWS, AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PREMIUM SERVICES ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL PERIOD, ON A RECURRING MONTHLY BASIS OR ANOTHER INTERVAL AS NOTIFIED TO YOU IN ADVANCE. BY PROVIDING YOUR PAYMENT DETAILS TOGETHER WITH THE TRIAL, YOU AGREE TO THIS CHARGE. IF YOU DO NOT AGREE TO THIS CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION OF THE PREMIUM SERVICES BEFORE THE END OF THE TRIAL THROUGH YOUR ACCOUNT.

      You agree to provide us with valid payment details for a payment method that we accept, which may be changed in our sole discretion from time to time. If your payment details is or becomes invalid, you agree that you will be responsible for any outstanding amounts that remain unpaid.

    • Renewal and Cancellation

      If you subscribe the Premium Services, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the applicable subscription period. If you sign up for a Trial, your subscription will be on monthly basis if you do not choose other subscription plan, if available.

      If you do not want to continue to be charged on a recurring basis, you must cancel your subscription of the Premium Services through your account before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the help center. If so cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in the “Supplemental Terms – Jurisdiction-Specific” section below or required by applicable law. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services.

    • Refund policy

      Unless otherwise set forth in the “Supplemental Terms – Jurisdiction-Specific” section below, if you subscribe the Premium Services (with or without a Trial), you may, with or without any reason, cancel your subscription of the Premium Services with a full refund (i) within the period of Trial if you sign up for a Trial; or (ii) within 14 calendar days following the start of your subscription of the Premium Services without a Trial, provided that you do not have any usage of the Premium Services in any form whatsoever since you subscribe to the Premium Services. If you believe you are entitled to receive a refund, please contact us. You may know more about how to contact us in relevant pages in help center . Any refund of subscription fees will be paid in the same payment method you used for payment of the subscription fees and you agree to comply with this refund policy and our procedure in the help center and our further communication with you if there is any.

      Notwithstanding the foregoing, if you subscribe the Premium Services through Apple Pay, your cancellation and refund is subject to the terms and conditions of Apple’s App Store Terms of Service. You will continue to have access to the Premiums Services until your subscription payment is refunded by Apple.

  8. Modification, Interruption and Termination of Services

    We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Resso Content) from time to time such as for scheduled or emergency downtime, unless prohibited by applicable law.

    We may also end the Services and your access or use of the Services permanently.

    You agree that we will not assume any obligations or liabilities to you with respect to the Services for such withdrawal of Resso Content, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law. If you have subscribed to the Premium Services, we will refund any subscription fees paid but not used on a pro rata basis to you if required by applicable law.

  9. Intellectual Property Rights

    We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

  10. Content

    • Resso Content

      As between you and Resso, except for User Content (as defined below), all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Website and App, and all intellectual property rights related thereto (“Resso Content”), are either owned or licensed by Resso. However, you or your licensors will own any User Content (as defined below) that you post, upload or transmit through the Services. Use of the Resso Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

      Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services and to access the Resso Content, solely for your personal and non-commercial use. You acknowledge and agree that Resso may terminate this license at any time. We reserve all rights not expressly granted in and to the Services and the Resso Content (as defined below).

      NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS AND LITERARY WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES.

      You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, (i) we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services and you have no right to share in any of such revenue, goodwill or value whatsoever; and (ii) you are prohibited from exercising any rights to monetize or obtain income or consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization) or your use of Resso Content.

      We make no representations, warranties or guarantees, whether express or implied, that any Resso Content is accurate, complete or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such sites or resources. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them.

    • User Content

      You may be permitted to upload, post, submit, transmit or otherwise make available text, images, photos, GIFs, videos, playlist titles, descriptions and compilations, and other information or content through the Services (“User Content”). Any idea, feedback, suggestion or other communications you submit to us in connection with your use of the Services shall also be deemed as User Content. User Content also includes your user name and user profile of your account created with us.

      When you upload, post or submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorized by, the owner or rights holder of such User Content to use such User Content in connection with the Services.

      Whenever you make use of a feature that allows you to post, upload, submit, transmit, or otherwise make available User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out in Section 6 “Access to and Use of the Services” above. You may also choose to upload or transmit your User Content on sites or platforms hosted by third parties (including certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter). If you decide to do this, you must comply with their content guidelines as well as with the standards set out in Section 6 “Access to and Use of the Services” above.

      You warrant that any such User Content that you upload, transmit or otherwise make available through the Services does comply with those standards, and you will indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content you post, upload, submit or otherwise make available on the Services if, in our opinion, such content does not comply with the standards set in the Section 6 "Access to and Use of the Services" above.

      All User Content you provide will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary.

      You or the owner or rights holder of your User Content will own the copyright in the content sent to us. However, to operate our business including to provide the Services, we need certain rights to use your User Content. Accordingly, by submitting such User Content through the Services, you hereby grant us and our subsidiaries, parent, and affiliates an irrevocable, non-exclusive, royalty-free, fully transferable, assignable, sub-licensable, perpetual worldwide license to use, modify, translate, adapt, reproduce, publicly perform, communicate to the public, make derivative works of, publish and/or transmit your User Content in connection with the Services and Resso’s (and Resso’s successors’ and affiliates’) business, including the operation, promotion, marketing and advertising of the Services for our users, and to authorize other users of the Services and other third-parties to view, access, use, modify, reproduce, publicly perform, communicate to the public, publish and/or transmit your User Content in connection with their use of the Services.

      You acknowledge that we have the right (but not the obligation) to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content). We, or our authorized third parties, reserve the right to cut, crop, edit, refuse to publish or take down, your User Content at our or their sole discretion. Resso does not endorse any User Content posted, uploaded, submitted or transmitted through the Service by any user, or any opinion, recommendation or advice expressed in such User Content. You are solely responsible for all User Content posted, uploaded or transmitted by you via Resso.

    • Viewing and Reporting of Content

      You acknowledge and agree that when you view content on the Services (including any User Content), you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

      We are not responsible or liable for any content submitted by users and published by us or by authorized third parties. If you wish to complain about information and materials uploaded by other users please contact us at contacts@resso.app. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you through the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

      If you believe that any content infringes your copyright, you may submit a copyright infringement notification to us at copyright@resso.app. The notification must include the following:

      • An email address, physical address and a phone number so that we and the uploader of your work can contact you.
      • A clear and complete description of your work that you believe has been infringed.
      • The URL or other identifying location of the allegedly infringing work.
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
      • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
      • The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

      Please consider whether fair use or a similar exception to copyright applies before you submit, and please also be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under applicable laws. All information submitted in your copyright infringement notification may be forwarded to the uploader of the content, or otherwise made public in any way by Resso or a third party.

      Resso takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Resso’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

  11. Third Party Products and Services

    The Services may contain, integrate or otherwise interact with links, website, products, content or services provided by third parties (“Third Party Services”), Resso has no control over the provision of such Third Party Services. Such Third Party Services should not be interpreted as approval or endorsed by us. Additional terms and conditions of use and privacy policies will apply for your use of such Third Party Services, and all matters relating to your use of such Third Party Services shall be governed by such terms between you and the provider of the Third Party Services.

  12. Indemnity

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RESSO, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OF (A) A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES UNDER THESE TERMS AND (B) ANY USER CONTENT YOU POSTED, UPLOADED OR TRANSMITTED THROUGH THE SERVICES.

  13. Exclusion of Warranties

    THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

    • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
    • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
    • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES IS ACCURATE OR RELIABLE; AND
    • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

    NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.

    NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTIES WHERE IT IS UNLAWFUL TO DO SO UNDER APPLICABLE LAWS.

  14. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR:

    • ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL, LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU, OR ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU;
    • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
      • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
      • ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
      • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
      • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
      • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

    ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US WITHIN THE LAST 12 MONTHS.

    NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY WHERE IT IS UNLAWFUL TO DO SO UNDER APPLICABLE LAWS.

    YOU MUST ENSURE THAT YOUR DEVICE MEETS THE REQUIREMENTS FOR THE INSTALLATION AND USE OF THE SERVICES. YOUR FAILURE TO INSTALL THE SERVICES OR ANY UPDATES IN ACCORDANCE WITH OUR INSTALLATION INSTRUCTIONS MAY RESULT IN THE MALFUNCTION OF THE SERVICES IN WHOLE OR IN PART.

    YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.

  15. Governing Law and Jurisdiction

    Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of California, USA without regard to any conflict of law principles to the contrary, and the JAMS Rules for any arbitration proceedings as outlined below.

  16. Agreement to Arbitrate and Class Action Waiver

    You agree that in the event of any dispute between you and Resso relating in any way to these Terms or your use of the Services, you will first contact Resso and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

    Any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Services, will be resolved by arbitration. You and Resso agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this paragraph, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Resso are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Resso will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

    Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Resso will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

    You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to contacts@resso.app. The notice must be sent to Resso within thirty (30) days of your registering to use the Services or agreeing to these Terms. Otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Resso also will not be bound by them.

  17. Entire Agreement.

    These Terms along with other policies and guidelines referenced herein constitute the whole legal agreement between you and Resso and govern your use of the Services and completely replace any prior agreements between you and Resso in relation to the Services.

  18. Links.

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in Section 6 “Access to and Use of the Services” above. We reserve the right to withdraw linking permission without notice.

  19. No Waiver

    Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

  20. Security

    We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs to access our Services. You should use your own virus protection software.

  21. Severability

    If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. 

  22. No Assignment.

    You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

App stores

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the App through specific devices:

Notice regarding Apple.

By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

  • These Terms between Resso and you; Apple is not a party to these Terms.
  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
  • Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
  • Resso expressly authorizes use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.

Google Play

By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

  • to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and
  • you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Resso or you (or any other user) under these Terms or the Google Play Terms.

Any Questions? Get in touch at contacts@resso.app.

Supplemental Terms – Jurisdiction-Specific.

India. 

If you are using our services in India, the following additional terms apply.

Accepting the terms. The Services are only for users aged 18 years old and over. You may not use the Services if you are less than 18 years old.

Indonesia.

If you are using our Services in Indonesia, the following additional terms apply.

Accepting the Terms. Amending the second paragraph of Section 1 “Accepting the Terms”, as follows:

“By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.”

Consent. By continuing using our Services and/or logging in Resso , you expressly agree with these Terms. Be aware that the provisions herein will govern the relationship between you and Resso. If you do not agree with all terms below, you will not be allowed to use or access the Services. Your access to and use of our Services is also subject to our Privacy Policy, including any additional terms which are added to such Additional Agreements and made available to you from time to time. The terms and conditions of the Additional Agreements are incorporated herein by reference.

Language. These Terms has been prepared in both English and Indonesian languages, both of which are of equal status and shall be binding on you and us. In the event of inconsistency between the two versions of these Terms, the English version shall prevail.

Governing Law and Jurisdiction. Replacing Clauses 13 and 14, as follows:

“These Terms shall be governed by and construed in accordance with the laws of Singapore. You and Resso agree that any claim will be settled by final and binding arbitration, using the English language, administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each of you and Resso will have a right to seek injunctive or other equitable relief in a court of law. The arbitration shall take place in Singapore. SIAC Rules then in effect are deemed to be incorporated by reference into this paragraph, and as of the date of these Terms. Arbitration will be handled by a sole arbitrator in accordance with the SIAC Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Resso are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Resso will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.”

Change to the Terms. Amending Clause 4 to add the following sentence:

“In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent.”

INdrop down