Acceptance of Terms

By creating an account, accessing, or using Spaza Insights services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you are using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these terms, and "you" refers to both you individually and that entity.

If you do not agree to these terms, you may not access or use our services.

Service Description

Spaza Insights provides music monitoring and broadcast tracking services, including:

  • Detection and tracking of music airplay across radio and television broadcasts
  • Analytics and reporting on broadcast performance
  • Royalty documentation and verification services
  • Real-time notifications of music detections
  • API access for integration with third-party systems

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice. We will make reasonable efforts to notify users of any material changes to the service.

Account Registration

Account Creation

To use Spaza Insights services, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use or security breach
  • Ensuring all information remains accurate and up-to-date
Account Types

We offer different account types with varying features and usage limits. Your account type is determined by your subscription plan. You may upgrade or downgrade your plan at any time in accordance with our pricing terms.

Trial Accounts

Trial accounts are provided for evaluation purposes and may be subject to limitations on features and usage. We reserve the right to modify, limit, or terminate trial accounts at any time without notice.

Acceptable Use

You agree to use Spaza Insights services only for lawful purposes and in accordance with these terms. You agree NOT to:

  • Use the service for any illegal or unauthorized purpose
  • Violate any laws or regulations in your jurisdiction
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to any systems or networks
  • Transmit viruses, malware, or other harmful code
  • Reverse engineer, decompile, or attempt to derive source code
  • Copy, modify, or distribute any part of the service
  • Use the service to infringe on the intellectual property rights of others
  • Submit false or misleading metadata for music tracking
  • Share your account credentials with unauthorized parties
  • Use automated systems to access the service without permission
  • Resell or redistribute the service without authorization

Violation of these terms may result in immediate termination of your account and access to our services.

Intellectual Property

Our Rights

Spaza Insights and its licensors own all rights, title, and interest in and to the service, including all software, technology, documentation, and other materials provided. These terms do not grant you any ownership rights to our service.

License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes during the term of your subscription, subject to these terms.

Your Content

You retain all rights to the music catalog data, metadata, and other content you submit to our service ("Your Content"). By submitting Your Content, you grant us a limited license to use, process, and store Your Content solely for the purpose of providing our services to you.

Feedback

Any feedback, suggestions, or ideas you provide about our services may be used by us without obligation to you.

Subscriptions & Payments

Subscription Plans

Spaza Insights offers various subscription plans with different features and pricing. Details of current plans and pricing are available on our pricing page. We reserve the right to modify pricing with 30 days' notice.

Billing

Subscriptions are billed monthly or annually in advance. Payment is due on the subscription anniversary date. All fees are exclusive of applicable taxes unless stated otherwise.

Automatic Renewal

Subscriptions automatically renew unless cancelled at least 30 days before the renewal date. Annual subscriptions may be cancelled for a pro-rated refund within the first 30 days.

Payment Information

You must provide valid payment information. You authorize us to charge your payment method for all fees. Failed payments may result in suspension of your account.

Refunds

We offer a 30-day money-back guarantee for new subscriptions. After 30 days, all fees are non-refundable except as required by law or at our sole discretion.

Data Ownership

Your Data

You own all data you submit to Spaza Insights, including your music catalog, metadata, and associated information. We act as a processor of this data on your behalf.

Monitoring Data

Data generated from monitoring broadcasts of your music is owned by you. We retain a limited license to use this data for service provision, analytics, and improvement.

Data Export

You may export your data at any time through the platform or API. Upon termination, you will have 30 days to export your data before it is permanently deleted.

Aggregated Data

We may create anonymized, aggregated datasets from user data for analytics, reporting, and service improvement. Such data cannot reasonably identify individual users.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

  • The service will be uninterrupted, error-free, or secure
  • All music detections will be captured or accurate
  • The service will meet your specific requirements
  • Any errors or defects will be corrected

While we strive to provide accurate monitoring data, we cannot guarantee 100% detection accuracy due to factors including broadcast quality, audio processing limitations, and coverage gaps.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPAZA INSIGHTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Actions of third parties

Our total liability for any claims arising from these terms or our services shall not exceed the greater of (a) the amount paid by you in the 12 months preceding the claim, or (b) $100.

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

Termination

Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

Termination by Us

We may terminate or suspend your account and access to services if you:

  • Violate these terms of service
  • Fail to pay subscription fees
  • Engage in fraudulent or illegal activity
  • Abuse or misuse the service
Effect of Termination

Upon termination, your right to access and use the service ceases immediately. We will retain your data for 30 days to allow you to export it. After 30 days, your data is permanently deleted.

Governing Law & Disputes

These terms are governed by the laws of Kenya, without regard to conflict of law principles.

Any disputes arising from these terms or our services shall be resolved through:

  1. Negotiation: Parties will first attempt to resolve disputes through good-faith negotiation.
  2. Arbitration: If negotiation fails, disputes will be submitted to binding arbitration in Nairobi, Kenya.
  3. Courts: Either party may seek injunctive relief in competent courts.

You waive any right to participate in class actions against Spaza Insights.

Changes to Terms

We may modify these terms at any time. Material changes will be notified via email or in-app notification at least 30 days before taking effect.

Your continued use of the service after any changes constitutes acceptance of the new terms. If you do not agree to changes, you must stop using the service and cancel your subscription.

Contact Information

For questions about these terms, please contact us:

Spaza Insights

Email: [email protected]

Address: Westlands, Nairobi, Kenya

Phone: +254 700 000 000

Effective Date: January 1, 2024

Version: 1.0