Thanks for choosing myToken ("myToken", "AutomateBuddy", "we", "us", "our"). By using the myToken service, websites, or software applications (together, the "myToken Service" or "Service), including by purchasing or receiving Limited Offers, you are entering into a binding contract where all the transactions will be governed under the general commercial laws of the State of Maharashtra as supplemented or modified by this Agreement, without regard to conflict of law principles. This Agreement, and its applicable attachments or supplemental documents, is the complete agreement between you and AutomateBuddy regarding your use of Service and replaces any prior oral or written communications between you and AutomateBuddy. Any additional or different terms in any order or written communications from you are void.
We will confirm receipt of your order and will accept your order and provide Service only if (1) you accept the terms of this myToken Service Agreement ("Agreement"), and (2) the Service is available.
We're pleased to make our Service available to you.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the myToken Service and Agreements. When we make changes to the Agreements that we consider material, we'll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Using myToken Services
Here's some information about all the ways you can enjoy myToken.
myToken customers may access the Service by any of our several Subscription offers:
* Limited Monthly Subscription : a limited monthly fee based service via a supported mobile handset.
* Limited Half Yearly Subscription: a limited half yearly fee based service via a supported mobile handset.
* Unlimited Yearly Subscription: a premium no limit yearly one-time pay service via a supported mobile handset with ad-free service.
By using the Service, you agree to accept the Terms and to register for the Service as a subscriber.
From time to time, we may offer trials of the Service for a specified period without payment (a "Trial"). myToken reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we'll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the limited monthly subscription Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to Suspended state through your myToken portal account's settings before the end of the Trial.
4. License and assignment
The myToken Service and the mobile app, web portal, tablet app provided through it are the property of AutomateBuddy or AutomateBuddy's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the myToken Service based on the Subscription or Trial you have selected (the "Licence"). This Licence shall remain in effect for a period of 10 years unless terminated by you or AutomateBuddy.
The myToken software applications are licensed, not sold, to you, and myToken retains ownership of all copies of the myToken software applications even after installation on your Devices. myToken may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All myToken trademarks, service marks, trade names, logos, domain names, and any other features of the myToken brand are the sole property of myToken. This Licence does not grant you any rights to use the myToken trademarks, service marks, trade names, logos, domain names, or any other features of the myToken brand, whether for commercial or non-commercial use without written permission from myToken.
You agree to abide by our guidelines and not to use the mToken Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the myToken Service are licensed to you either under these Terms, or under the relevant third party software library's licence terms as published in the help or settings section of our desktop and mobile client and on our website.
3. Terms and Automatic Renewal
For subscribers to myToken Subscription Services, unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) year from purchase. If you have provided myToken with a valid credit card number or an alternate payment method, and have opted-in to the Auto-Renewal program, your subscription will be automatically renewed (and charged to the account you have provided) for another term at the expiration of your current term, whenever your local regulations allow, for a fee no greater than myToken´s then-current price less any initial set up fee that may have been applicable, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) for the monthly payments. If you do not desire to have your subscription automatically renewed, you must, prior to the expiration of your subscription term, inform myToken of your intention not to renew your subscription to the Service. myToken will send written notice of your renewal to the e-mail address you have provided to myToken prior to the time of your renewal and upon the renewal of your subscription term. If your subscription is automatically renewed and you request a refund of the subscription price, the same will be refunded based on the prorate basis based on the number of days the service was active or used.
You must provide current, complete, and
accurate information for your billing account. You are responsible for
ensuring this information is correct and must promptly update all information
to keep your billing account current, complete, and accurate (such as a
change in billing address, credit card number, or credit card expiration
date). You must promptly notify myToken if your credit card is canceled (for
example, for loss or theft). Changes to such information can be made by
calling the myToken support number which is provided to you upon initiation
of your service. This Agreement will terminate automatically if you
fail to comply with any of the limitations or other requirements described
Payments for service may be made either through cash payments, check or via credit or debit card transactions. You agree to pay as specified by myToken the amount associated with the Service you choose, including any applicable sales, use or similar taxes, fees or duties (unless you supply exemption documentation), and any late payment fees. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
If a Service is quoted at an incorrect price due to typographical error or error in pricing information: 1) myToken has the right to refuse or cancel any orders placed for the Service quoted at the incorrect price, even if myToken has confirmed the receipt of your order and charged your credit or debit card: and 2) if myToken has charged your credit or debit card but subsequently canceled your order, myToken will promptly issue a credit to your credit or debit card account for the amount charged.
myToken may change the price for the Subscriptions from time to time, and will communicate any price changes to you. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the myToken Service after the price change takes effect, you accept the new price.
5. Refund Policy
Refunds on subscription services:
* Refunds on subscription can be applicable in the event of cancellation of subscription
* Refund eligibility is based on a combination of factors including number of months into contract at the point of cancellation as described in the Payment section.
If you have purchased a Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the "Cooling-off Period"), but only if you have not logged in or otherwise redeemed or started to consume them.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the myToken Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Limited Subscription Service, and (c) to allow our business partners to do the same.
You grant myToken a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you generated on or otherwise provide through the myToken Service.
These Terms are not intended to grant rights to anyone except you and myToken, and in no event shall these Terms create any third party beneficiary rights. Any failure by myToken to enforce these Terms or any provision thereof shall not waive myToken's right to do so.
8. Technology limitations and modifications
myToken will make reasonable efforts to keep the myToken Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the myToken Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the myToken Service or any function or feature thereof. You understand and agree that myToken has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
6. Term and termination
These Terms will continue to apply to you until terminated by either you or myToken. myToken may terminate the Terms or suspend your access to the myToken Service at any time, including in the event of your actual or suspected unauthorized use of the myToken Service or non-compliance with the Terms. If you or myToken terminate the Terms, or if myToken suspends your access to the myToken Service, you agree that myToken shall have no liability or responsibility to you and myToken will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your myToken account, please contact us through the Customer Service contact form.
8. Fair Use Policy
To protectmyTokenagainst extreme cases of abuse,myTokenreserves its right to cancel your subscription at any time and at its discretion.
9. myToken Warranties
myToken warrants that it will provide Services with reasonable system performance.
We endeavor to provide the best service we can, but you understand and agree that THE MYTOKEN SERVICE IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MYTOKEN SERVICE AT YOUR OWN RISK. MYTOKEN DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, myToken does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the myToken Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that myToken is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the myToken Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Spotify shall create any warranty on behalf of Spotify in this regard. Some aspects of this section may not apply in some jurisdictions.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT MYTOKEN , INCLUDING ITS SUPPLIERS, SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE, TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATING TO THE SERVICE PROVIDED HEREIN. IN NO EVENT WILL THE AGGREGATE LIABILITY OF MYTOKEN OR ITS SUPPLIES FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOU IN THE SIX (6) MONTHS DIRECTLY PRECEDING THE PROPER SERVICE OF A CLAIM.
Nothing in these Agreements removes or limits myToken's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
Both of us agree that under this Agreement: 1), all information exchanged is non confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to myToken, over the telephone or electronically is not customer proprietary information.
myToken and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, location, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about your satisfaction with our products or services or provide you with information about other products and services and, if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Thank you for reading our Terms. We hope you enjoy myToken to the fullest.
Copyright © 2012 Spotify AB. All rights reserved.
AutomateBuddy Technologies Private Limited, A 233/234, Balaji Udyog Bhavan, Sector 11, CBD Belapur, Navi Mumbai, Maharashtra, India.