Terms and Conditions of Use & Privacy Policy

for using the NAMESONG® app

Thank you for choosing the NAMESONG® mobile application (“Application”, “NAMESONG® App”)! Via the NAMESONG® app Namefactory OÜ (“service provider”, “Namefactory”) provides streaming services offering a selection of songs and animations that can be personalized with your name of choice (“Services”, “NAMESONG® content”, “Content”). NAMESONG® content require payment before you can access them in full length. These terms and conditions will automatically apply to you by downloading or using the app – therefore you should make sure that you read them carefully before using the app. If you do not agree with the content of the terms and conditions, then please remember it is your choice whether you want to use the NAMESONG® app.

General provisions

  1. By downloading, browsing, accessing or using this NAMESONG® app you agree to be bound by these Terms and Conditions of Use and our Privacy Policy (“Agreements”). We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Application and your use of the services offered on the Application. Continued use of the Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
  2. In order to use the Application and access the content, you need to (1) be 18 or older, or be 16 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Application is available. You also promise that any registration information that you submit to Namefactory is true, accurate, and complete, and you agree to keep it that way at all times.
  3. Namefactory is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
  4. The Application stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the Application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Application won’t work properly or at all.
  5. You should be aware that there are certain things that Namefactory will not take responsibility for. The Application will require to have an active internet connection to function properly. The connection can be Wi-Fi, or provided by your mobile network provider, but cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
  6. If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
  7. Along the same lines, Namefactory cannot take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Namefactory cannot accept responsibility.
  8. With respect to Namefacotry’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide internet servers, purchase platforms etc. so that we can make our services available to you. Namefactory accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
  9. At some point, we may wish to update the app. The app is currently available on iOS – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Namefactory does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
  10. Namefactory retains the right to amend and modify Application and the Content provided via the Application at any time and for any reason. This includes changes in the design and appearance of the Application, changes in animations, songs etc. Once Namefactory modifies any part of the Content, the purchased NAMESONG® content will only be available in their updated versions. Namefactory shall not be obligated to provide users of the Application any previous version of the NAMESONG® content purchased.
  11. We may update our Terms and Conditions of Use from time to time. We will notify you of any changes by e-mail.

User Guidlines

  1. You grant us the right (1)to allow the Application to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Application, (2)to provide advertising and other information to you. In any part of the Application, the content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. 
  2. The following is not permitted for any reason whatsoever:
    • copying, redistributing, reproducing, “ripping”,recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Application or the Content, or otherwise making any use of the Application or the Content which is not expressly permitted under the Terms and Conditions of Use or applicable law or which otherwise infringes the intellectual property rights (suchas copyright) in the Application or the Content or any part of it;
    • transferring copies of cached Content from an authorized Device to any other Device via any means;
    • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Application, Content or any part thereof unless permitted by applicable law;
    • circumventing any technology used by Namefactory, its licensors, or any third party to protect the Content or the Application;
    • selling, renting, sublicensing or leasing of any part of the Application or the Content;
    • circumventing any territorial restrictions applied by Namefactory or its licensors;
    • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Application (includingfor the purpose of disguising or changing any indications of the ownership or source of any Content);
    • providing your password to any other person or using any other person’s username and password;
    • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
  3. Please respect Namefactory, the owners of the Content, and other users of the Application. Don’t engage in any activity, post any user content, make search enquires or register and/or use a username, which is or includes material that:
    • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
    • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Namefactory or a third party;
    • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
    • is intended to or does harass or bully other users;
    • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
    • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Namefactory;
    • conflicts with the terms and conditions, as determined by Namefactory.
  4. Namefactory has the right to restrict access to the Application if the User does not use the software in accordance with these Terms and Conditions of Use. 
  5. Namefactory has the right to prohibit access to the Application for the User if the User disturbs the functioning of the Application or if the User has shared his or her Account password with third parties or has allowed third parties to use his or her Account.
  6. If Namefactory ascertains use of the Application by the User that gives grounds to presume third-party use (e.g.simultaneous login from several devices/IP addresses), Namefactory has the right to disable the User’s access to the Application, and Namefactory also has the right to later refuse to enter into an agreement with the relevant User and/or to refuse to grant the right of use within the framework of an agreement entered into with a third party.
  7. Namefactory has the right to decide to whom to grant the right to use the Application, and with whom to enter or not to enter into an agreement. Namefactory has the right to refuse to grant access to the Application and to enter into an Agreement, and to refuse to grant the right of use within the framework of an agreement entered into with a third person in particular in the case of a person who is under 18 years of age; or has disturbed or damaged the Application in earlier use; or has failed to comply with the obligation to maintain the confidentiality of the Account password. 
  8. In case Namefactory restricts your access to the Application, you will no longer have access to the purchased NAMESONG® content. Namefactory shall not be liable for any remuneration for the purchased NAMESONG® content in case the access to the Application has been restricted by Namefactory.

Use of the Application as a non-registered user

  1. Without registering as a user and creating a user account within the Application, you are able to use the Application and the content provided to a limited extent: 
    • You are able to search and verify if Namefactory has your desired name in their database;
    • You are able to listen to previews of the songs in Namefactory’s database with your name of choice (giventhe name is in Namefactory’s database). The free previews are no longer than 30 seconds, depending on the song the preview can be shorter. In the previews the name of choice is sung at least one time;
    • By listening to reviews you are able to verify if the sound and pronunciation of your name of choice meet your requirements;
  2. Before making a purchase on the Application, Namefactory urges you to always play back a free preview of a certain song in database with your name of choice to make sure the way the name sounds and is pronounced meets your requirements and expectations. 
  3. If the name you searched for is not listed in Namefactory’s database you can leave a request for that name by filling a form in the Application. Your request will be forwarded to Namefactory together with your e-mail address. Namefactory shall notify you when the searched name is added to the database, but Namefactory does not take any obligations to add the name to the database. 

User account

  1. If you wish to purchase a NAMESONG® via the Application, you are required to register as a user and create a user account. Note that the purhcased NAMESONG® content can only be played back via the Application, provided the user is logged into their account.
  2. To create a user account you will have to provide Namefactory with the following information:
  3. Your full name;
  4. Your e-mail address.
  5. You agree that Namefactory can use your e-mail address to notify you of changes to Terms and Conditions of Use, send reciepts for your purchases and send account notifications (suchas password changes, blocking of account etc). If you have opted to receive a newsletter from Namefactory, you will also receive the newsletter to your e-mail. You may at any time opt out of recieving the newsletter.
  6. You may upload pictures or photos (animage) from your device to personalize your playlists in the Application. The images you upload are stored in servers used by Namefactory. The images you upload are linked to your user account and are accessible only by you via the Application. 
  7. By uploading an image to your Account you guarantee that you are the legal owner of the copyright of that image, or have been awarded full and unrestricted rights from the copyright owner to upload and utilize the image for the purposes of personalizing you playlists in the Application.
  8. You warrant that all information provided on registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
  9. Namefactory will only use your information to identify you and to link your in-app purchases to your user account. 
  10. Namefactory does not sell, transmit or make public to third persons the personal data of users or the data entered into the Application by users.
  11. Persons whom Namefactory employs to develop and improve the Application and its functionalities do not obtain access to the data of users, and if they do, Namefactory ensures that agreements guaranteeing compliance with the obligation of confidentiality are entered into with them.
  12. You undertake to keep the username and password of your Account safe and confidential. The confidentiality of the password is deemed to be breached if it is disclosed to third parties which enables third parties to use the Application. Any other person than you is deemed to be a third party. You are liable for damage or violation caused, and for all activities that occur under your password or account. You must immediately notify Namefactory of any breach of security or any unauthorized use of your account. 
  13. The purchased NAMESONG® content can be downloaded, stored on your device and played back offline, provided your user account has not been logged out on your device. Once the user account is logged out, all the data stored on your device shall be erased and cannot be accessed offline. 
  14. Your purchases are linked to your user account and you will be able to access and download the purchased content once logged into your account. 
  15. One user account can be simultaneously logged into and accessed by a maximum of 5 devices. At the moment the user account is logged into from any number of devices exceeding the maximum, the oldest log in session shall be terminated. For example if your account is logged into from 5 devices already and you log into your account from a 6thdevice, the first device shall automatically be logged out.
  16. You can purchase a NAMESONG® to be made accessible for another user (Giftsong). To purchase and send a Gift song you will need to enter the recipients e-mail address. Note that the recipient will require a user account to access the Application and the Gift song. The person to whom you have sent the Gift song will have to download the Application and register as a User to access the Gift song. When purchasing and sending a Gift song you can enter a greeting message to the person whom you are sending the Gift song to. Your greeting message will show in the e-mail delivered to the person together with the hyperlink to the Gift song. Your e-mail address and name will show on the e-mail as well. Your greeting message shall be considered user content as per these terms and conditions.
  17. You can delete your user account at any time. It is important to understand that in case you delete your account you will no longer be able to access any of the content purchased. If you delete your account Namefactory shall delete all of your personal data submitted to Namefactory. The deletion of an account is final and the account cannot be restored.

In-App Purchases

  1. The Application includes purchases that allow you to buy NAMESONG® content sold via the Application to use within the Application or send to someone else as a gift. Whilst you cannot switch off In-App Purchases from being offered to you within the Application and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Application.
  2. If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
  3. More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the Apple App Stores terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the Apple App Store if you are concerned that your child may make excessive In-App Purchases.
  4. In App Purchases can only be consumed within the Application. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have made the payment. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Application, then the Apple App Stores terms and conditions/EULA applicable to In-App Purchases will also apply.
  5. You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Application and are governed by the Apple App Store terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the Apple App Store directly.

License

  1. The Application and the Content are the property of Namefactory or Namefactory’s licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Application, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”).This Licence shall remain in effect until and unless terminated by you or Namefactory. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Application or the Content.
  2. The software applications and the Content are licensed, not sold, to you, and Namefactory and its licensors retain ownership of all copies of the software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices.
  3. All Namefactory trademarks, service marks, trade names, logos, domain names, and any other features of the NAMESONG® brand are the sole property of Namefactory or its licensors. The Agreements do not grant you any rights to use any NAMESONG® brand whether for commercial or non-commercial use.
  4. You agree to abide by the user guidelines set out in these Terms and Conditions of Use and not to use the Application, the content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these terms and conditions, Namefactory grants no right, title, or interest to you in the Application or content. 

Disclaimer and Exclusion of liablity

  1. The Application, the services, the content on the Application and use of all related facilities are provided on an "asis, as available" basis without any warranties whether express or implied.
  2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Application and its contents, including in relation to any inaccuracies or omissions in the Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
  3. We do not warrant that the Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
  4. While we may use reasonable efforts to include accurate and up-to-date information on the Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
  5. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
  6. We shall not be liable in contract, tort (includingnegligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
  7. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
  8. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

Privacy Policy

  1. This Policy sets out the essential details relating to your personal data relationship with Namefactory.The Policy applies to all servicesprovided by Namefactoryand any associated services.
  2. From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
  3. If you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the NAMESONG® application.
  4. We may occasionally make changes to this Policy. When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within by sending you an email. We may notify you in advance. Please, therefore, make sure you read any such notice carefully. 
  5. General Data Protection Regulation or "GDPR"gives certain rights to individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:
    • Right of Access - the right to be informed of and request access to the personal data we process about you;
    • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
    • Right to Erasure - the right to request that we delete your personal data;
    • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
    • Right to Object - the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes;
    • Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
    • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
  6. If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”)at no cost. The electronic marketing messages you receive from Namefactory (e.g.those sent via email) also will include an opt-out mechanism within the message itself (e.g.an unsubscribe link in the emails we send to you).
  7. If you have any questions about your privacy, your rights, or how to exercise them, please contact our us using the ‘ContactUs’ form on the NAMESONG® website. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with your local Data Protection Authority.
  8. We collect your personal data in the following ways: When you create a user account- when you register to the Application, we collect certain personal data so you can use the Application such as your email address and full name.
  9. We do not sell, transmit or make public to third persons the personal data of users or the data entered into the Application by users.
  10. Persons whom Namefactory employs to develop and improve the Application and its functionalities do not obtain access to the data of users, and if they do, Namefactory ensures that agreements guaranteeing compliance with the obligation of confidentiality are entered into with them.
  11. We use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the Application, and developing new features and functionality within the Application.
  12. We keep your personal data only as long as necessary to provide you with the services of the Application and for legitimate and essential business purposes, such as maintaining the performance of the Application, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep your personal data for as long as you are a user of the Application. For example, we keep your playlists, purchase history and account information.
  13. If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
    1. If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
    2. Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
    3. Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
  14. We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. 
  15. Your password protects your user account, so we encourage you to use a unique and strong password and limit access to your device.
  16. Location Information. With your consent, Namefactory collects your approximate geolocation information using your device location services for analytical purposes only. This data is collected anonymously and is stored in a way that is not traceable back to a person. These services may use a combination of GPS, WiFi, Cellular, and IP address. You can stop the collection of location information by NAMESONG® app at any time by opting-out of the location sharing preferences on your device. 
  17. The Application and the services provided by Namefactory do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to take necessary actions.
  18. If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the user account for that child.

 

Thank you for reading our Terms and Conditions of Use and the Privacy Policy.
If you have any questions about the terms and conditions of use or the Privacy Policy please contact us by:
Namefactory OÜ (company no 11933172) Rotermanni 2, 10111 Tallinn, Estonia
info@namefactory.eu www.namefactory.eu