Gami Technologies, INC Terms of Service

Posted and Effective: September 23, 2024

Thanks for using Gami Technologies, INC! Our mission is to create a more enlightened way of working with your music, and help you and those you work with stay coordinated. We do so by providing an intuitive, unified platform and suite of apps and services that keep your music content safe, accessible and in sync.

These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services“).

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

You may need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services.

Our Services include a suite of apps and websites. To help you stay productive, when you use the same account to access different parts of the suite, Your Stuff may come with you.

We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, audio previews, easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, Gami Technologies, INC accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Gami Technologies, INC may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.

Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Gami Technologies, INC to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Gami Technologies, INC’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Additional Features

From time to time, Gami Technologies, INC will add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice.

Third-Party Features

The Services may give you the option to link to third-party features and integrations. Gami Technologies, INC does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and Gami Technologies, INC is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Gami Technologies, INC trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Copyright infringement claims should be submitted using our Copyright Complaint Form or submitted to our designated agent for our Services at:

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Cancellation. You may cancel your Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions and obtain a refund within 14 days of signing up for, upgrading to, or renewing a Paid Account by clicking here.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you’re on a Gami Technologies, INC Family plan, the Family manager may be able to downgrade your account at any time. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.

Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

Gami Technologies, INC Teams

Email address. If you sign up for a Gami Technologies, INC account with an email address provisioned by your organization, your organization may be able to block your use of Gami Technologies, INC until you transition to an account on a Gami Technologies, INC Standard, Advanced, Enterprise, Education, or other team (collectively, “Gami Technologies, INC Team”) or you associate your Gami Technologies, INC account with a personal email address.

Using Gami Technologies, INC Teams. If you join a Gami Technologies, INC Team, you must use it in compliance with your organization’s terms and policies. Please note that Gami Technologies, INC Team accounts are subject to your organization’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Gami Technologies, INC Team account. They may also be able to restrict or terminate your access to a Gami Technologies, INC Team account. If you convert an existing Gami Technologies, INC account into part of a Gami Technologies, INC Team, your administrators may prevent you from later disassociating your account from the Gami Technologies, INC Team.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Gami Technologies, INC reasonably believes:

you’re in breach of these Terms,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice or an opportunity to export Your Stuff before termination or suspension of access to the Services where Gami Technologies, INC reasonably believes:

you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we’re prohibited from doing so by law.

Once we suspend or terminate your access to the Services, you will not be able to access or export Your Stuff. Gami Technologies, INC does not provide refunds if we suspend or terminate your access to the Services, unless required by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Gami Technologies, INC’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, Gami Technologies, INC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR Gami Technologies, INC’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE Gami Technologies, INC’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, Gami Technologies, INC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT Gami Technologies, INC OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, Gami Technologies, INC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. Gami Technologies, INC AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH Gami Technologies, INC. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Resolving Disputes

Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Gami Technologies, INC, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at dispute-notice@gamiapp.io that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Gami Technologies, INC may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

Judicial Forum for Disputes. You and Gami Technologies, INC agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Miami-Dade County, Florida, subject to the mandatory arbitration provisions below. Both you and Gami Technologies, INC consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and Gami Technologies, INC agree to resolve any claims relating to or arising out of these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Opt out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account or agreeing to these Terms. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, Miami (FL), or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. For individual arbitration of non-frivolous claims less than $75,000 for which you timely provided Gami Technologies, INC with a Notice of Dispute, Gami Technologies, INC will reimburse arbitration filing fees at the conclusion of the arbitration and will pay other arbitration fees. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Gami Technologies, INC will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

Exceptions to Agreement to Arbitrate. Either you or Gami Technologies, INC may assert claims, if they qualify, in small claims court in Miami (FL) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Miami-Dade County, Florida to resolve your claim.

NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Controlling Law

These Terms will be governed by Florida law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Gami Technologies, INC with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

Gami Technologies, INC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Gami Technologies, INC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms to better reflect:

changes to the law,
new regulatory requirements, or
improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Gami Technologies, INC Acceptable Use Policy

You agree not to misuse the Gami Technologies, INC services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

probe, scan, or test the vulnerability of any system or network, unless done in compliance with our Bug Bounty Program;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
promote or advertise products or services other than your own without appropriate authorization;
abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
circumvent storage space limits;
sell the Services unless specifically authorized to do so, or purchase the Services from an unauthorized seller;
publish, share, or store materials that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors), unlawful pornography, or are otherwise indecent;
publish, share, or store content that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda;
advocate bigotry, hatred, or the incitement of violence against any person or group of people based on their race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, disability, impairment, or any other characteristic(s) associated with systemic discrimination or marginalization;
harass or abuse Gami Technologies, INC personnel or representatives or agents performing services on behalf of Gami Technologies, INC;
violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading, or that violates the intellectual property rights of others;
violate the privacy or infringe the rights of others, including publishing, sharing, or storing other people’s confidential or identifying information without authorization for the purposes of harassing, exposing, harming, or exploiting them;
use the Services to back up, or as infrastructure for, your own cloud services;
use the storage space provided by the Services as the basis for cryptographic proof-of-space or proof-of-storage, or any similar proof system;
engage in any type of payment fraud, including unauthorized use of credit cards or other payment methods, illegitimate chargebacks, or any other method of obtaining the Services without required payment.

We reserve the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Services, or terminating an account.

Gami Technologies, INC DMCA Policy

Gami Technologies, INC (“Gami Technologies, INC”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Gami Technologies, INC will respond expeditiously to claims of copyright infringement committed using the Gami Technologies, INC service and/or the Gami Technologies, INC website (the “Site”) if such claims are reported to Gami Technologies, INC’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Gami Technologies, INC’s Designated Copyright Agent. Upon receipt of Notice as described below, Gami Technologies, INC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.
2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Gami Technologies, INC Designated Copyright Agent: