Rafiki Apps Terms of Service

Welcome to Rafiki Apps! Rafiki Apps. ("Rafiki Apps", "we", "us", and/or “our”) provides a radio tuning service (the "Radio Service") through our mobile applications such as FM France for iOS and Android ("App", "Apps"). Your use of the Radio Service provided through or in connection with the Apps and your viewing of the content available at the Apps, is subject to these Terms of Service and the current Privacy Policy published at https://tinyurl.com/rafiki-privacy. By agreeing to these Terms of Service, you consent to Rafiki Apps’s collection, use and disclosure of your data, including your personally identifiable information (“PII”), with respect to your use of the Radio Service (as described in our Privacy Policy). These Terms of Service govern access to and use of the Radio Service and any content, information, products or services therein, by all users and content providers. This is a legal agreement between you and Rafiki Apps. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE OR LINK YOUR CONTENT ON THE RADIO SERVICE. IF YOU ARE ACCESSING AND USING THE RADIO SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE, AND ALL REFERENCES TO “YOU” IN THESE TERMS OF SERVICE APPLY TO THE COMPANY OR LEGAL ENTITY.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RAFIKI APPS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. General

The Radio Service is made available for your personal, non-commercial use only. Use of Rafiki Apps to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden.

If you wish to make commercial use of the Radio Service you must enter into an agreement with Rafiki Apps to do so. Please contact contacto@rafikiapps.com for more information.

2. Rights and Terms for Apps.

Rights in Apps granted by Rafiki Apps. Subject to your compliance with these Terms of Service, Rafiki Apps grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Apps on a mobile device that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms of Service, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means.
Accessing Apps from App Store. The following terms apply to any Apps accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Apps may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms of Service are concluded between you and Rafiki Apps, and not with the App Provider, and Rafiki Apps (not the App Provider), is solely responsible for the Apps.
The App Provider has no obligation to furnish any maintenance and support services with respect to the Apps.
In the event of any failure of the Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Rafiki Apps to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rafiki Apps.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Apps or your possession and use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apps or your possession and use of that Apps infringes that third party’s intellectual property rights, Rafiki Apps will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license to the Apps, and that, upon your acceptance of the Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the Apps against you as a third-party beneficiary thereof.
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third party terms of service when using the Apps.

5. Feedback

We welcome feedback, comments and suggestions for improvements to the Radio Service (“Feedback”). You can submit Feedback by emailing Rafiki Apps at contacto@rafikiapps.com. You grant to Rafiki Apps a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

6. Paid Features

Certain features of the Radio Service, such as the removal of in-app ads, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars.

When you purchase any additional features we may offer, there will be a one-time charge for that purchase. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to a refund. We reserve the right to terminate or suspend your use of paid features of the Radio Service at any time and for any reason, without liability, pursuant to the terms of Section 8 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 8 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these features, unless provided otherwise in the terms of sale.

7. Your Obligations When Using the Radio Service.

The Radio Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations, including laws governing the privacy, security and trans-border transfers of PII ((including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the “GDPR”)) applicable to your business and operations and in connection with your use of the Radio Service. Where required, you shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any PII collected, used, maintained, and shared with Rafiki Apps, and otherwise have any and all rights required to provide such data to Rafiki Apps, and ensure that any such data was properly obtained.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Apps:

Circumvent, disable or otherwise interfere with security related features of the Radio Service or features that prevent or restrict use or copying of any Radio Content;
Attempt to probe, scan or test the vulnerability of any Rafiki Apps system or network or breach or impair or circumvent any security or authentication measures protecting the Radio Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Radio Services;
Attempt to access, search or meta-search the Radio Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Rafiki Apps or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the App to determine how an app or web page ranks.
Collect or store personal data about other App Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Use the Radio Service in any manner not permitted by this Agreement; or
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

8. Termination; Cancellation.

We may immediately terminate or suspend your access to the Radio Service in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Radio Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Radio Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Rafiki Apps is not liable to you or any third party for termination of the Radio Service or termination of your use of the Radio Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE RADIO SERVICE OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Rafiki Apps will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Rafiki Apps under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

9. Modification of the Radio Service or Terms of Service.

Rafiki Apps reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Radio Service, or modify these Terms of Service without notice. If any modified terms and conditions in the revised Terms of Service are not acceptable to you, your sole remedy is to cease using the Radio Service. By continuing to access or use the Radio Service after Rafiki Apps makes any such modification, you agree to be bound by the revised Terms of Service.

10. Disclaimer of Warranties.

Rafiki Apps disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Radio Service. Rafiki Apps disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Rafiki Apps disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Radio Service.

THE RAFIKI APPS SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RAFIKI APPS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RAFIKI APPS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RADIO SERVICE. RAFIKI APPS DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RADIO SERVICE. RAFIKI APPS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RADIO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY RAFIKI APPS, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIO SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RADIO SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL RAFIKI APPS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE RADIO SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RAFIKI APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RADIO SERVICE, FROM INABILITY TO USE THE RADIO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RADIO SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RADIO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIO SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE RADIO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIO SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE RADIO SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, RAFIKI APPS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL RAFIKI APPS'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE RADIO SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO RAFIKI APPS FOR USE OF THE RADIO SERVICE OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RAFIKI APPS, AS APPLICABLE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Rafiki Apps be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

12. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Rafiki Apps are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Rafiki Apps each waive any objection to jurisdiction and venue in such courts.

13.Dispute Resolution for Consumers.

The following terms of Section 13 “Dispute Resolution for Consumers” only apply if you are an individual who is using the Radio Service and Radio Content for your own personal use and are not representing a legal entity.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Radio Service or Radio Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Exceptions and Opt-out. As limited exceptions to Section 13(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contacto@rafikiapps.co within thirty (30) days following the date you first agree to these Terms of Service.
Starting Arbitration. If you want to begin arbitrating a Dispute, you must send an email to us at the following address: contacto@rafikiapps.com requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Effect of Changes on Arbitration. Notwithstanding the provisions of Section 9 “Modification of the Radio Service or Terms of Service” above, if Rafiki Apps changes any of the terms of this Section 13 “Dispute Resolution for Consumers” after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to contacto@rafikiapps.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Rafiki Apps's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rafiki Apps in accordance with the terms of this Section 13 “Dispute Resolution for Consumers” as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

14.DMCA/Copyright Policy.

Rafiki Apps respects copyright law and expects its users to do the same. It is Rafiki Apps's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

15. Miscellaneous Provisions.

The English language version of these Terms of Service is the version that governs your use of the Radio Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Rafiki Apps.

16. Contact Information.

If you have any questions about these Terms of Service or the Radio Service, please contact Rafiki Apps at contacto@rafikiapps.com