Terms of Service

Welcome to Cadenza, the app that orchestrates your music experience! These terms of service (“Terms”) outline your use and access to the services, software, and websites (“Services”) provided by Cadenza, an Umbo LLC app. Our Privacy Policy details how we collect and use your information, while our Acceptable Use Policy delineates your responsibilities when utilizing our Services. By using Cadenza, you agree to comply with these Terms and review our Privacy and Acceptable Use policies. If you are accessing our Services on behalf of an organization, you are bound by these Terms on behalf of that entity.

As of 8 Dec 2023.

Your Information & Permissions

When you use Cadenza you provide us with information such as your playlist prompts and usage information. You hereby grant Umbo LLC non-revocable, permanent, permission to use the information provided to us for any purpose including but not limited to app functionality and marketing. By using Cadenza, you grant us permission to perform these actions, including engaging trusted third parties for these purposes.

Please note Cadenza is not designed for use by EU citizens. EU citizens may not use the Cadenza set of apps, doing so is a violation of these terms.

User Responsibility

You are responsible for your conduct and Your Information while using Cadenza. Content within the Services may be protected by intellectual property rights. Please refrain from copying, uploading, downloading, or sharing content unless you possess the proper rights to do so. Although we reserve the right to review your conduct and content for adherence to these Terms, we are not obligated to do so. We disclaim responsibility for the content users post or share through Cadenza.

Age Restrictions

Cadenza is not intended for use by individuals under the age of 13. By using our Services, you affirm that you are over 13 years old.

Software

Certain Services allow you to download client software (“Software”) that may update automatically. As long as you adhere to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software solely to access the Services. Reverse engineering or decompiling the Services, attempting to do so, or assisting anyone in doing so is prohibited unless prohibited by law.

Our Information

The Services are protected by copyright US and foreign laws. These Terms do not confer upon you any right, title, or interest in the Services, others’ content within the Services, Umbo LLC trademarks, logos, and other brand features. We appreciate feedback, but note that we may utilize comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. Please report such notices using our customer service email help@umboapp.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Billing

Subscription: Our subscriptions are billed and managed through your app store account. We do not have the ability to modify or cancel subscriptions started through the app store. Please manage your subscription through your app store account settings. Subscriptions will auto-renew in accordance with your app store’s policies. To cancel, please do so prior to 72 hours before the end of the period to avoid being billed for another cycle.

Termination

You have the freedom to cease using our Services at any time. We reserve the right to suspend or terminate the Services at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you violate these Terms, use the Services in a manner that could result in legal liability for us, disrupt the Services, interfere with others’ use of the Services, or decide to no longer provide the service. Accounts suspended or terminated for violating these terms will not receive a refund except where required by law. We may deactivate inactive accounts, excluding those with a valid subscription.

Services “AS IS”

While we strive to provide exceptional Services, there are certain aspects that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, UMBO LLC AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UMBO LLC, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT UMBO LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO UMBO LLC FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Resolving Disputes

Let’s aim to resolve concerns informally. Before initiating a claim against Umbo LLC, please attempt to resolve the dispute by contacting us at help@umboapp.com. We’ll strive to resolve the dispute informally by contacting you via email. If a resolution isn’t achieved within 15 days of submission, either you or Umbo LLC may initiate a formal proceeding.

Arbitration Procedures

You agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States county of Val Verde, TX, or any other mutually agreed location.

Arbitration Fees and Incentives

The AAA rules will govern payment of all arbitration fees. Umbo LLC may seek to have you cover arbitration fees, especially if the claim is frivolous.

Exceptions to Agreement to Arbitrate

Umbo LLC may assert claims in small claims court in Val Verde (TX) if they qualify. Umbo LLC may bring a lawsuit solely for injunctive relief to halt unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without initially engaging in arbitration. However, you must first engage in the informal dispute-resolution process described above.

No Class Actions

Disputes with Umbo LLC must be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Judicial Forum for Disputes

If the agreement to arbitrate is found not to apply to you or your claim, both you agree that any judicial proceeding (except for small claims actions) will be brought in the federal or state courts of Val Verde County (TX). Both parties consent to the venue and personal jurisdiction there.

Controlling Law

These Terms are governed by Texas law, except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and Umbo LLC regarding the subject matter and supersede any prior agreements or terms applicable to the subject matter. These Terms do not create any third-party beneficiary rights.

Waiver, Severability & Assignment

Umbo LLC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect, and an enforceable term will substitute to reflect our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Umbo LLC may assign its rights to any affiliates, subsidiaries, or successors associated with the Services.

Modifications

We may update these Terms periodically and will post the most current version on our website. If a revision significantly diminishes your rights, at Umbo LLC’s discretion, we will notify you (for example, via email). By continuing to access or use the Services after the revisions take effect, you agree to abide by the revised Terms.