– Simplified Version June 2024
Please note, this is a simplified version of the Nobex Partners Service agreement for the detailed legal agreement please read here.
1. Introduction
We/Us/Our: Nobex Technologies, Inc., a Delaware corporation.
You/Your: Any radio station owner/operator who registers for and is approved to use our service.
Service: Our online service and platform, allowing radio stations to create custom mobile apps for playing audio and viewing content.
2. Agreement Acceptance
– Carefully read this agreement.
– You must accept the terms by clicking “ACCEPT” before we make your app available for download.
– If you do not accept the terms of the agreement, don’t click “ACCEPT”.
3. Definitions
– Content: Any information you create and submit for your Custom App, including streams, audio, video, images, logos, etc.
– Nobex App: Our mobile app for streaming radio.
– Stream: Your station’s digital stream over the internet.
– Website: www.nobexpartners.com.
4. Service Description
– Our service lets you create a Custom App to play your Streams on Android (OS 5 and higher) and Apple iOS (12 and higher) devices.
– We will not alter your Stream. It will play exactly as you broadcast it.
– We will update your Custom App to match updates of the operating systems within a reasonable time.
5. App Submission
– We will submit your Custom Apps to app stores (Apple App Store, Google Play) under your developer account.
– Your app will identify us as the developer and include our trademarks.
– Your Custom App will be the only official app for your radio station while this agreement is active.
– You cannot have another app that streams only your station’s content.
– Your Custom App will be free for end users.
– You are responsible for keeping your developer accounts in good standing and maintaining administrator access for us.
6. Subscription
– You can subscribe to our service plans for a monthly or annual fee.
– You will be billed monthly or annually, except during free trial periods while your app is published in the stores.
– You can cancel your subscription anytime.
– From April 2020, legacy Core plan users can switch to a new plan to continue using our service.
7. Advertising
– We may display ads in your Custom App and integrate new ad mechanisms over time.
– Some plans include ads by default; others require you to opt-in.
8. Revenue Sharing
– Net Revenues from in-app ads are shared 50/50 between us and you.
– Revenue allocation is based on usage and ad requests.
– There is no guarantee of revenue or eligibility for payments.
– No revenue share if monthly Net Revenues are below $20.
– Net Revenues are gross revenues minus costs, taxes, and ad expenses.
9. Reporting and Payment
– We will provide a monthly report and transfer your share of Net Revenues to your PayPal account if your balance exceeds $100.
– It’s your responsibility to provide PayPal details for payments.
10. Support
– We handle end-user support requests through a “help” feature in the Custom App and via email.
– We will respond to support requests promptly.
– Some plans include email and website support for you.
11. Your Content
– You grant us license to use your Streams, trademarks, and Content in connection with the Custom App and Nobex App.
– You confirm you have the legal rights to grant this license.
– We may refuse to publish or remove any Content at our discretion.
– You cover streaming costs and comply with laws and third-party rights.
– You ensure your stream is active 24/7 and does not contain prohibited content.
12. Intellectual Property
– We retain all rights to the Services, Platform, Nobex App, and Custom App.
– You only have rights explicitly granted in this agreement.
13. Use of Data
– We may use and sell data generated by the Services and Custom App.
– Revenue from data use is not subject to revenue sharing.
14. Relationship of the Parties
– This agreement does not create a partnership or agency relationship.
– Neither party can bind the other.
15. Indemnification
– You agree to defend and indemnify us from any claims related to your breach of this agreement or your use of the Custom App.
16. No Warranty
– The Custom App, Platform, Service, and Website are provided “AS-IS”.
– We do not guarantee they will meet your requirements or be uninterrupted and error-free.
– We disclaim all warranties to the maximum extent permitted by law.
17. Limitation of Liability
– We are not liable for any damages arising from the use of the Custom App, Platform, Service, and Website.
– This includes direct, indirect, special, incidental, or consequential damages.
18. Term, Termination
– This agreement lasts 12 months and renews automatically.
– Either party can terminate with 30 days’ written notice.
– Certain sections survive termination.
19. Publicity
– We can use your logo in our marketing materials.
– You need our written approval to reference us or use our logo.
20. Force Majeure
– We are not liable for failures caused by events beyond our control (e.g., natural disasters, governmental restrictions).
21. Notice
– Notices are sent via email to the provided addresses.
22. Miscellaneous
– This agreement is the entire agreement between us.
– Waivers must be in writing and are not ongoing.
– We may assign our rights; you cannot.
– If part of this agreement is invalid, the rest remains in effect.
– This agreement is governed by New York law, and disputes are settled in New York City courts.