Shiftfm.app - Terms of service

IMPORTANT NOTICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR SHIFTFM APP OR ANY OF THE SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE/APP AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

YOU SHOULD ALSO CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM OR FITNESS ACTIVITY. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.

Shift collects information about you, after you have signed up for the service. Read more about this under the privacy policy. Shift is not responsible for content or information that you share on the service, including use by someone else via your user account. Therefore we recommend that you keep your login confidential. Shift has the right to remove content, cancel your account or suspend you from the service if you post anything hateful or that we find inappropriate. You also own the information and content that you curate. Shift might occasionally send you updates and relevant emails to your registered email address. We will not spam you.

The following terms and conditions govern the contractual relationship between Shiftfm.app (hereinafter referred to as "Operator") and the users of the audio services offered by the Operator (hereinafter referred to as "Users"/“User”). The Operator's services are offered via their mobile app Shift, the Internet, including at but not limited to the URL "shiftfm.app", the mobile app, and are available as an application in connection with third-party offers on the Internet and on (terminal) devices. Unless otherwise specifically excluded, the terms of this agreement shall apply to any other arrangements entered into with the User. These terms and conditions shall also apply to future contracts with Users even if their application is not expressly referred to again. Deviating terms and conditions are only effective if the Operator agrees to their application in writing.‍

The operator has created a database consisting essentially of references (hyperlinks) to audio streams and podcasts of third parties (hereinafter "audio sources") as well as editorial content (hereinafter "database") and has developed software with a user interface which enables User to access the database using search functions and graphical representations as well as to play these audio sources in the app (hereinafter "software"). The subject of the contract is the provision of technical services by the Operator and the granting of rights of use to the database and the software. The provision of the services, the database, the software and the other technical components of the service - regardless of whether the provision is made via the app (Shift), another internet portal, an application available on the internet or on a (terminal) device or in any other way - is hereinafter referred to collectively as "Shift".

This agreement concerning the provision of the free (at no charge) services is entered into and shall continue unless or until it is terminated by either party at any time and for any reason.

(1) Insofar as Shift enables the use of third-party services subject to a charge (e.g. iTunes, Spotify), a contract is concluded exclusively between the User and the external provider without the participation of the operator.
(2) In the event the Operator offers premium, subscription or other paid services, it will inform the User accordingly. The User shall further be informed of the costs and fees associated with such services as well as any other terms governing their use and/or provision.

(1) Insofar as Shift enables the use of third-party services subject to a charge (e.g. iTunes, Spotify), a contract is concluded exclusively between the User and the external provider without the participation of the operator.
(2) In the event the Operator offers premium, subscription or other paid services, it will inform the User accordingly. The User shall further be informed of the costs and fees associated with such services as well as any other terms governing their use and/or provision.

(1) Under this contract, the Operator grants Users only the right to use the software and database provided by the Operator for the private (noncommercial) purpose of finding and playing the audio sources. Further use of Shift, in particular reproduction, distribution, communication to the public and decompilation, is not permitted without express permission.
(2) Insofar as music is being played on Shift, the User is responsible for all forms of use that go beyond mere playing.
(3) All further rights to the elements and content of Shift are reserved and must be licensed separately from the Operator and/or the other holders of the rights. This applies in particular to local storage, reproduction, distribution and communication to the public of any element of the service or any material derived from it.

(1) The User agrees to use any information obtained from the service and/or the Operator in good faith and shall refrain from using such information to harm third parties.
(2) The User is prohibited from using information obtained from Shift for advertising purposes on other channels.
(3) The User undertakes to indemnify the Operator against any claims of third parties which are brought against the Operator due to a breach of a contractual obligation or an infringement of third-party rights by the User. This also includes the reasonable costs of legal representation. Further legal claims of the Operator remain unaffected.

(1) Subject to the regulations in the following paragraphs (2) to (5), the Operator is liable, regardless of the legal basis, only for damages caused by intentional or grossly negligent conduct of the Operator, its legal representatives, employees or vicarious agents.
(2) For damages caused by grossly negligent behavior of vicarious agents of the Operator, liability is limited to such damages which typically have to be expected within the scope of the present contract.
(3) The Operator is only liable for damages caused by the Operator, his legal representatives, employees or vicarious agents neither intentionally nor grossly negligently if an essential contractual obligation is violated. A contractual obligation is essential if its fulfilment makes the proper execution of the contract possible in the first place and if a user can regularly rely on its observance.
(4) As far as the Operator makes it easier for the User to access audio streams and websites of third parties via Shift, he assumes no liability for the contents of these offers. The respective providers themselves are responsible for the content, in particular for any infringements of copyrights, industrial property rights and personal rights caused thereby.
(5) A possible liability of the Operator for damages from injury to life, body or health, from the assumption of a guarantee or a procurement risk as well as according to the product liability law remains unaffected by the regulations of this (6).
(6) As far as the liability of the Operator is excluded or limited according to the above paragraphs, this also applies to the benefit of the employees of the Operator in the event of their direct use by the User.

(1) Modifications, amendments and side agreements to this agreement must be made in writing between the parties.
(2) In the event any of the preceding provisions is invalid, the invalid provision shall be replaced by a provision that most closely approximates the invalid provision's intended legal purpose.

Shift may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Shift is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

The App contains podcast & music content, and links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Shift does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Shift is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Lastly, the App does not take responsibility for the quality of service of any of the Third Party Platforms. It is out of our control if any of those platforms stops to offer their services to the App. Further, the App cannot provide any refunds if a Third Party Platform gets removed from the App.