These terms and conditions set out the rules for ordering and provision of services on the Closer Music website accessible via the website www.closermusic.com (Windows, Mac) and via the mobile app available on iOS and Android (limited functionality).

The Service Provider is CLOSER MUSIC Sp. z o.o., with its registered office in Warsaw (02-819) at ul. Puławska 366, registered in the Register of Companies of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Economic Division of the National Court Register under KRS no. 0000282021, NIP 8842624320, REGON: 020531489, SHARE CAPITAL: PLN 528 400,00

The terms used in these terms and conditions mean:

The Site offers access to the Tracks via the Internet. The Site provides for the possibility of concluding paid Subscription Agreements, on the basis of which it is possible to access Tracks, i.e. to listen to them and download them for use to the extent described in the Terms and Conditions and the chosen Subscription Agreement, or provides the possibility of listening to and downloading the Track for a fee from the database available on the Site, without the need to conclude a Subscription Agreement after purchase of the relevant Track in the chosen Single Track Plan.

Detailed information about the Tracks, the Services and the Subscription and Single Track Plan Agreements can be found on the Site www.closermusic.com , as well as made available by e-mail at the Service Provider's e-mail address.

Orders can be placed on the Site 24 hours a day, with the exception of "custom" licenses - Agreements for "custom" licenses are concluded individually without the use of the Site and are tailored to the customer's needs. Orders can only be placed via the website www.closermusic.com , with the exception of "custom" licenses, which can be enquired about via the Site or by email exchange.

Under the concluded Subscription Agreement, the Customer is entitled to use the access to the paid Service specified in the description of the Subscription for the period indicated and selected therein.

The Single Track Plan Agreement entitles the Customer to use the access to the paid Service specified in the Subscription description for the period stated and selected therein.

Copying, sharing or reselling access to the Service to third parties is prohibited. It is not possible to assign the Subscription Agreement.

The Service Provider provides electronic services to Customers on the basis of agreements concluded at a distance between the Customer and the Service Provider. As part of the electronic services provided, the Service Provider provides digital services and digital goods to the Customers.

The Service Provider charges for the provision of Services to Customers in the amounts indicated in the descriptions of the Subscription Plans and in the worksheets for Single Track Plans.

Ownership of a Customer Account by a Customer is either free of charge or chargeable (in the case of Subscription Plan selection). A Customer Account that is not paid for assumes limited use of the resources of the Service.

Consumers may be natural persons residing in the European Union or the United States. Entrepreneurs may be entities with their registered offices in the following territories: European Union, United Kingdom, Norway, Switzerland, United States, Canada, Australia.

In the event that a Customer's Account is created by a person who is not a resident or registered in one of the countries referred to in paragraph 4 above, the Service Provider may delete the Customer's Account for violation of the Terms and Conditions.

The Service Provider is not responsible for the accuracy and reliability of the data provided during registration. The Service Provider shall act on the basis of the Customer's declaration, and in the event of doubts as to the correctness and reliability of the data, the Service Provider shall seek to clarify the situation and may take further steps, including suspension or deletion of the Customer's Account.

In order to be able to use the Site and place an order via the Site (i.e. create a Customer Account), the Customer must meet the following technical requirements:

To use the mobile application, the Customer must use a device with iOS 12 or higher software or android 5.0 or higher software.

The Service Provider shall provide the Services in accordance with the interoperability, compatibility and functionality described in the Terms and Conditions, understood as:

The conclusion of the agreement for the provision of the Account Service and the Customer Profile is free of charge. The conclusion of the agreement for the provision of the Account and Customer Profile Service in this case shall take place at the time of full and correct registration on the Site. The agreement for provision of the Account and Profile Services is concluded for an unlimited period of time.

Conclusion of an agreement for the provision of the Account and Profile Services is subject to a fee from the time of conclusion of the Subscription Agreement. The conclusion of the agreement for the provision of the Account and Profile Services in this case occurs at the time of complete and correct registration with the Service and following provision of complete and correct payment details and correct payment by the Customer for the concluded Subscription Agreement. The agreement for provision of the Account and Profile Services is concluded for an unlimited period of time.

The Newsletter Service Agreement shall be concluded free of charge and shall be effective upon full and correct subscription to the Newsletter through the Site. The Agreement shall be concluded for an indefinite period of time. The Customer may terminate the Agreement for the aforementioned service at any time by completing the procedure made available by the Service Provider after pressing the "Unsubscribe" button.

The conclusion of the Agreement for the provision of the SMS/MMS notification service is free of charge and occurs at the moment of service activation through the Service. The Agreement shall be concluded for an indefinite period of time. The Customer may terminate the Agreement for the aforementioned service at any time by completing the procedure made available by the Service Provider after pressing the "Unsubscribe" button.

Within 14 days from the conclusion of the Agreement for the provision of the Account Service and the Customer's Profile set up solely for the purpose of viewing and listening to Tracks without concluding a Subscription Plan or making a purchase of a Track (Single Track Plan), the Customer may withdraw from the aforementioned Services without stating a reason. A model withdrawal form, which the Customer may use, is attached to these Terms and Conditions.

A Customer Account enables the use of paid Services offered on the Site by the Service Provider, including in particular the display and downloading of Tracks. The Customer Account enables the conclusion of a Subscription Plan or the purchase of a Track (Single Track Plan).

Full registration of a Customer Account takes place after confirmation of registration of the Customer Account by clicking on the link sent by e-mail to the address indicated by the Customer.

Prior to the commencement of publication of materials containing Works, the Customer is obliged to indicate in the appropriate form in the Site the address of the social network accounts on which the materials will be published.

The Customer is entitled to change the aforementioned social network account addresses at any time.

The Consumer is entitled to indicate one account each on the following portals: Facebook, YouTube, Instagram, Twitch, Tik Tok.

The Entrepreneur is entitled to designate two of each of the accounts on the following portals: Facebook, YouTube, Instagram, Twitch, Tik Tok, as well as two podcast series and two Site addresses.

In the event that the Entrepreneur publishes material containing the Track on channels and websites other than those indicated in paragraph 19 above, as part of the sub-licensing to a third party, the Entrepreneur is obliged to paste the URL links to the places where the content will be published, i.e. to carry out a "clear content" procedure in relation to the aforementioned material.

Customers register individual Customer Accounts on the Site.

Individual Accounts enable Customers to use the services provided by the Site, including the use of Tracks within an active Subscription Plan and the purchase of Tracks within a Single Track Plan.

Registration on the Site is made by completing the registration form (in which the following data must be provided: e-mail address, first name, surname, password to account, residential address (town, postcode, country), and in the case of Entrepreneurs, data concerning business activity, including address (town, postcode, country), tax identification number.

It is not permitted to provide false data.

It is not permissible to state in the registration form a country other than the customer's actual country of residence or registered office.

It is not permitted to set up a Customer Account if the residence or registered office is in a different place than the one specified in § 2.4.

The opening of a Customer Account by means of an automated system is not permitted.

All actions taken by Customers shall be in accordance with the applicable legal provisions and good morals.

Each Customer undertakes:

The Service Provider undertakes to take all measures to ensure correct, safe, continuous and error-free access to the Service.

The Service Provider is not responsible for:

The Service Provider shall not be liable for damages or any other consequences caused by the Customer's disclosure of his/her password or login to a third party.

The Service Provider shall not be liable for any disruption in the operation of the Site system caused by technical problems in the computer hardware and software used by the Customer, as well as by Internet network failures, force majeure or unauthorized interference by third parties that prevent the Customer from using the Site.

If an unauthorized person is notified of access to the Site, the Service Provider will take immediate steps to secure the collected data.

The Service Provider will carry out regular backups of the data stored on the Site in order to minimise the risk of data loss through the actions of unauthorized persons or technical malfunctions.

The Service Provider reserves the right to interfere with the Customer's Account in order to rectify irregularities in the functioning of the Site, disruptions in the functioning of the Account or in order to improve and expand the Site.

The Service Provider has the right to make changes to the Site in connection with ongoing work on improving and modernising the Site. In particular, the Service Provider is entitled to change the functionality of the Site. Information on changes to the functionality of the Site shall be communicated to the Customer in the manner specified in §12 below.

It is strictly forbidden and constitutes an infringement of these Terms and Conditions to place on the Site any content or material contrary to the law or good morals, in particular content that is pornographic, vulgar, defamatory, offensive to religious feelings, inciting racial, ethnic or religious hatred, promoting copyright infringement, software piracy, disseminating data breaching techniques, viruses and any other material similar in content and operation.

The account of a Customer who repeatedly posts or transmits content that is unlawful, inconsistent with these Terms and Conditions or content that violates the personal rights of others may be blocked or removed by the Service Provider.

The Agreement is concluded between the Service Provider and the Customer.

The prices shown on the Site are gross prices and may include tax.

The content of the Agreement consists jointly of the content of the Terms and Conditions and the content of the Subscription Agreement chosen by the Customer or the offer to purchase a Single Track Plan.

Orders may be placed via the Site using the procedure made available on the Site with an active Customer Account. The Service Provider does not allow orders to be placed by telephone, e-mail or in person, with the exception of the purchase of a customised license, which can be purchased by telephone or e-mail.

Subscription Agreement conclusion procedure:

Mode of concluding a Agreement for the purchase of a single Track (Single Track Plan):

The content of the concluded agreement is recorded, secured and made available by:

The Service Provider shall be obliged to commence the provision of services under the Subscription Agreement or the agreement concerning the purchased single track in the selected Single Track Plan immediately after the conclusion of the agreement.

The digital content (i.e. the Track) shall be deemed to have been delivered when:

The Subscription Agreement will renew automatically, this means that a Subscription Agreement of an analogous nature, duration and parameters is concluded anew when the payment method chosen by the Customer is successfully debited, which will be no earlier than the day following the expiry date of the agreement, unless the Customer cancels the Subscription Agreement.

A Customer who creates a Customer Account on the Site for the first time and enters into a first Subscription Agreement is entitled to use a free trial period for a period of 30 days from the date the Customer Account is created (and the active payment method is attached). The trial period is only granted to one Customer per Subscription Agreement and only once. If the Customer sets up a new Account with a different email address and connects to it the same channel that the Customer has previously connected to another Subscription, the Customer shall not be entitled to the free trial period again. The Customer may terminate the trial period at any time.

Customers from Poland:

Customers from the European Union:

Customers from outside the European Union:

The Service Provider shall grant licenses to the Customer for Tracks. The conditions and types of license are described in detail in Appendix 2 “License” to the Terms and Conditions.

In the event that Customer is interested in concluding a license to Track other than those described in the licenses above, he may contact Service Provider directly by e-mail in order to establish individual license conditions - "custom" plan.

The Site makes available the forms of payment for the order each time specified on the Site. The Site makes the following forms of payment available in particular:

The payment operator is Stripe, Inc., 354 Oyster Point Blvd South San Francisco, CA, 94080-1912 United States of America.

Rules regarding payment of the Subscription Agreement:

Rules concerning payment for concluding a license agreement for a Single Track Plan:

In the event that a refund is required for a transaction made by the Customer with a payment card, the seller will make the refund to the bank account assigned to the Customer's payment card.

The Service Provider may change the price for the Subscription Agreement, for periods not yet paid for, and the price for the Single Track Plan. The Service Provider will inform the Customer of any price changes well in advance, also indicating (where applicable) how to accept such changes. Price changes will take effect at the beginning of the next subscription period following the date of the price change. If the Customer does not agree to the price changes, the Customer has the right to reject such changes by cancelling the conclusion of the next Subscription Agreement.

The Service Provider is entitled to collect remuneration for publishing material containing the Track by the Customer on the Internet (monetization). The scope of monetization and the rules for collection of the aforementioned fees by the Service Provider are regulated in Appendix 2 “License”.

The Customer agrees to receive invoices electronically to the e-mail address indicated in the registration form.

The rights set out in this paragraph are available only to a Customer who is a Consumer residing in the European Union.

Within 14 days from the date of conclusion of the contract (i.e. from the date of conclusion of the Subscription Agreement), the Customer may withdraw from the Agreement without stating any reason. The withdrawal period expires after 14 days from the conclusion of the Agreement.

In order to exercise the right of withdrawal, the Customer must inform the Service Provider of his/her decision to withdraw from the Agreement by an unequivocal statement. The withdrawal should be sent to the following e-mail address license@closermusic.com . The declaration of withdrawal can be made on the form attached as Appendix 1 “Model Withdrawal Form” to the Terms and Conditions, but it is not obligatory.

In order to comply with the withdrawal period, it is sufficient to send information concerning the exercise of the right of withdrawal before the expiry of the withdrawal period to the email address indicated above.

In the event of withdrawal, the price paid for the Service shall be refunded to the Customer without delay and no later than 14 days from the date on which the Service Provider is informed of the Customer's decision to withdraw. The payment will be refunded using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly agrees otherwise. In any event, the Customer will not incur any fees in connection with this refund, subject to paragraph 6 below.

If access to the Service under the Subscription Agreement has been made available to the Customer, at the Customer's request before the expiry of the 14-day withdrawal period, the amount paid by the Customer shall be refunded to the Customer in proportion to the Service used.

The right of withdrawal shall not apply to Agreements for the provision of digital content not delivered on a tangible medium for which the consumer is liable to pay the price, if the entrepreneur has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that after the entrepreneur's performance he will lose the right to withdraw from the Agreement, and has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act of 30 May 2014. The above regulation applies to Agreements concerning Tracks under the Single Track Plan.

A Customer other than those specified in paragraph 1 above may terminate the Subscription Agreement at any time. The Subscription Agreement shall terminate upon expiry of the period for which it was concluded.

The Customer is entitled to give notice of termination in any documentary form, e.g. by e-mail.

In the event of termination of the Agreement by the Consumer as referred to in paragraph 1. above, the Parties shall settle the amount paid by the Consumer. The Service Provider shall settle the remaining amount in proportion to the number of days of the Subscription in relation to the entire duration of the Subscription for which the Consumer who is not an entrepreneur has paid.

In the event of termination of the Agreement by the Service Provider, the Service Provider shall settle the price paid by the Customer in proportion to the number of days of the Subscription in relation to the entire Subscription period for which the Customer has paid.

Settlement of the refund of the price paid by the Customer shall take place within 7 days from the date of the notice of termination.

If there is no concluded and ongoing Subscription Agreement, the Customer is entitled to delete his/her Customer Account at any time. To this end, the Customer should delete the account via the Site or send the Service Provider an appropriate declaration in documentary form, for example in the form of an email.

The Service Provider may refuse to delete the Customer's Account if the Customer has violated these Terms and Conditions or the applicable laws, and retaining the Customer's data is necessary to clarify the circumstances and determine the Customer's liability.

Removal of the Account at the request of the Customer takes place within 14 days.

This paragraph sets out the rules of liability exclusively towards a Consumer residing in the European Union for non-conformity of goods and services.

The Service Provider is obliged to provide services and digital goods in conformity with the Agreement. The Service Provider has a legal obligation to provide services without defects.

The rules concerning the liability of the Service Provider towards a Consumer residing in the European Union for digital content or digital service Agreements are regulated by Chapter 5b of the Act of 30 May 2014 on Consumer Rights.

In terms of complaints, the Consumer may exercise the rights granted to him/her by the provisions of the Act of 30 May 2014 on Consumer Rights, inter alia for the non-conformity of the goods with the sales Agreement.

Digital content or a digital service is in conformity with the Agreement if, in particular, their:

In addition, in order to be considered in conformity with the Agreement, the digital content or digital service must:

The Service Provider shall be liable vis-à-vis the Consumer for any lack of conformity of the digital content or digital service supplied on a continuous basis which has occurred or become apparent at the time when, in accordance with the Agreement, it was to be supplied.

The Service Provider shall be liable vis-à-vis the Consumer for any lack of conformity of the digital content or digital service with the Agreement existing at the time of delivery and discovered within two years of that time. Before the expiry of the aforementioned period, the Consumer may notify the Service Provider of the discovery of the defect by sending an appropriate message via one of the communication channels referred to in §1(6).

The Consumer is not bound by the aforementioned means of lodging a complaint. He or she may submit a complaint in any way.

The Service Provider shall acknowledge the receipt of the complaint.

In the event that the complaint is not accepted, the Service Provider shall inform the consumer of this fact together with its opinion as to whether the complaint is unfounded.

If the Service Provider does not respond to the Consumer's complaint within 14 calendar days from the date of delivery of the complaint, the Service Provider shall be deemed to have acknowledged the Consumer's complaint and his demand.

The Consumer is obliged to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means (including, for example, by means of e-mail communication, telephone communication, by sending the required print-screens), in order to determine whether the non-conformity of the digital content or service with the Agreement is due to the characteristics of the Consumer's digital environment.

The Consumer is entitled to comment on any malfunctions of the Service within 14 days of the malfunction. Such comments should be submitted by e-mail sent to service@closermusic.com . The description of the irregularity should enable the Service Provider to identify the problem and correct it.

All possible errors in the functioning of the Site, comments and information on the functioning of the Site, as well as violations of the Terms and Conditions should be reported to the Service Provider by e-mail.

This paragraph sets out the rules for liability towards all Customers who are not Consumers residing in the European Union.

Liability for the performance of the Agreement, the provision of services and warranty towards Customers who are not Consumers is excluded in its entirety, to the fullest extent permitted by law.

The Customer shall be entitled to comment on any malfunctions of the Site within 14 days of the malfunction.

All possible errors in the functioning of the Site, comments and information on the functioning of the Site, as well as violations of the Terms and Conditions should be reported to the Service Provider by e-mail.

Customers' data will be used only for the purpose for which they were made available and the Service Provider undertakes not to disclose them to third parties, unless commonly applicable Terms and Conditions provide otherwise or the disclosure of personal data does not result from the content of the Privacy Policy.

Detailed Terms and Conditions on the protection of personal data can be found in the Privacy Policy document, available on the Site.

The Service Provider reserves the right to amend the Terms and Conditions at any time for important reasons, in particular due to changes in the applicable legislation or technical and organisational changes in the way the Services are provided, as well as in the event of a change in the legal organisation of the Service Provider's business.

The Service Provider will inform Customers about the changes and their content 14 days before they are introduced. The information is communicated to the Customer by e-mail sent to the address provided during registration.

If the Customer does not agree to the change to the Terms and Conditions, the change to the Terms and Conditions will not be effective until the end of the Subscription Agreement or the end of the Single Track Plan period. A Consumer who is not a business and resides in the European Union is alternatively entitled to terminate the Agreement without notice within 30 days of being informed of the change to the Terms and Conditions.

If the Customer does not take any of the above-mentioned actions, on the expiry of 14 days from the date of service of the information on the change to the Terms and Conditions, the changes shall take effect for the Customer as if he or she had accepted the changes to the Terms and Conditions in accordance with the procedure set out in this paragraph.

In the case of a Agreement concluded with a Consumer residing in the European Union and not being an entrepreneur:

The Service Provider shall inform the Consumer residing in the European Union of the updates, including those relating to security, necessary for the Service to be in conformity with the Agreement, and the Consumer residing in the European Union shall then install these updates within a reasonable time, in particular within the time indicated by the Service Provider.

If the Consumer residing in the European Union fails to install the updates provided by the Service Provider in accordance with paragraph 1 above within a reasonable time, the Service Provider shall not be liable for the non-conformity of the Service with the Agreement resulting solely from the lack of updates if:

In order to resolve a dispute arising in connection with purchases made on the Site, a Consumer who is not an entrepreneur has the possibility to use the assistance of the following institutions before bringing a case in a common court:

Detailed information about the possibilities of out-of-court dispute resolution for consumers and the availability of procedures is available at the offices and on the websites of institutions such as the Trade Inspection, county (municipal) consumer ombudsmen, social organisations for the protection of consumer rights, and the Office of Competition and Consumer Protection.

A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual Site with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning Agreement obligations arising from an on-line sales or service Agreement.

In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Act of 23 April 1964 Civil Code and the Act of 30 May 2014 on Consumer Rights. The law applicable to Agreements concluded with Consumers shall be Polish law, unless the law applicable to the place of residence of the Consumer regulates his/her rights in a manner more favourable to the Consumer. The governing law for Agreements concluded with Entrepreneurs is Polish law.

The competent court for disputes with Entrepreneurs and Consumers not residing in the European Union is the court with jurisdiction over the Service Provider's registered office.

These Terms and Conditions are effective as of 28.04.2023.

Definitions

Subscription

Combining licenses

Additional provisions