General Terms & Conditions


INTRODUCTION
Thank You for choosing kollekt.fm (“OnBrand B.V.”, “Kollekt”). Kollekt is pleased to make its Services as defined in these General Terms and Conditions (“GTC”) available to You (the “Customer”, “You”)  for the purpose of streaming background music in commercial spaces.

Please take the time to read these GTC, which set out the terms and conditions under which Kollekt sells and provides the Kollekt Services to You. These GTC apply when You use the Kollekt Services.

By accessing or using the Services, You expressly agree to comply with Your Commercial Terms, additional Orders, this GTC and our Supplementary Terms. By (“Supplementary Terms”) we mean our Privacy Policy and any technical guidelines, all as updated from time to time and set out on our website (https://kollekt.fm). The Commercial Terms, additional Orders, all of the Supplementary Terms, as well as any additional terms and conditions that we provide to You in connection with Your use of or access to the Services, together with this GTC, form a legally binding Customer Agreement between You and us (the “Customer Agreement”). To the extent that there are any inconsistencies or conflicts arising between the provisions of the Customer Agreement and any other agreements entered into between us, the provisions of the Customer Agreement shall prevail.

  1. LICENSE

    1. Kollekt hereby grants You and Your Affiliates a non-exclusive right during the Term to publicly perform content through the Services as background music/in-store music in accordance with the Customer Agreement (“License”).

    2. In case You have purchased Kollekt’s Services and Hardware Product(s) via a reseller (“Reseller”), certain terms such as (without limitation) Support, Termination, or installation of the Services may apply as set out in a separate agreement between You and such Reseller. Notwithstanding the foregoing, these GTC will always apply between You and Kollekt as applicable when using and accessing the Services.

  2. USE AND ACCESSIBILITY OF SERVICES

    1. You may use the Services only to provide background music at the Site(s) and will not amplify, transmit or retransmit the broadcast of music so as to be audible or visible outside of its premises (beyond ordinary patio or other outdoor speaker usage), or transmit music outside of the physical premises.

    2. You will not use the Services in connection with any advertising, sponsorship, or commercial messaging, including but not limited to using the music in any manner which suggests an endorsement, affiliation, cooperation or relationship between You and any artist, band, label or other entity.

    3. Except as otherwise expressly authorised in the Customer Agreement, You will not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying structure, ideas, know-how or algorithms relevant to the Website or the Services; (ii) provide, sell, resell, transfer, sublicense, lend, distribute, rent or otherwise allow others to access or use the Website of the Services; and (iii) copy, modify, publish, post, upload, create derivative works of, or remove proprietary notices from the Website or Services.

    4. Due to licensing restrictions or other limitations or restrictions imposed, access to and use of the Services or Website may be limited in scope to, including but not limited to, certain geographical territories.

    5. Kollekt continuously upgrades the features and functionality of the Services and reserves the right to do so at any time. Such upgrades or changes may result in interruption, modification, failure, or delay of the Services. While Kollekt endeavors to ensure that the Website and Services are available 24 hours a day, Kollekt shall not be liable for any damages.

    6. Access to or use of the Website or the Services may be suspended and without notice in the case of system failure, maintenance or repair, or for reasons beyond Kollekt's control, as defined in Clause 13.

  3. SUBSCRIPTION

    1. You may access and use the Services during the Term, subject to compliance with these GTC. To access the Services a Playback Account is created. For the avoidance of doubt, each Playpoint shall have a unique Playback Account, and each Playpoint shall be considered a separate Subscription for the purpose of calculating the License Fees.

    2. You represent and warrant that all registration information and payment details provided are correct, accurate and complete before accessing the Services. You are responsible and liable for maintaining control over the Playback Account, including the Login Credentials. You are solely responsible and liable for all activities that occur on the Playback Account.

    3. Each registration for Subscription or Trial is for a single Playback Account only. Login Details shall not be used on more than one (1) Playback Device simultaneously. You are not allowed to share Login Details for the Services and the Website with non-authorised persons nor with multiple users on a network. You shall inform Kollekt of any unauthorised use of Login Details, account or device, or any other breach of security. Kollekt has the right to disable any Login Details, if in Kollekt’s reasonable opinion You have failed to comply with any of the provisions of the GTC.

  4. USE AND ACCESSIBILITY OF SERVICES

    1. All Marks of Kollekt and any other features of the Kollekt brand are the sole property of Kollekt. Kollekt shall remain the exclusive owner of all Intellectual Property Rights in the Services (including the underlying technology, software and content), including Hardware Products during and after the Term. The License does not grant You any rights to use such rights or features, whether for commercial or non-commercial use.

    2. You acknowledge You will not acquire any proprietary rights as a result of the Customer Agreement in relation to any music piece, tracklist and the data relating thereto.

    3. No part of the Services may be shared with any third party, whether as source files or otherwise, or included in any public or private electronic retrieval system or service, unless expressly agreed with Kollekt's prior written consent.

    4. You may have the opportunity to upload, import, generate, add, or submit audio, visual, or other material to the Service or Your account ("Customer Materials"). This includes all information, images, audio, or other material uploaded by You.

    5. To make Customer Materials available on Kollekt’s Services, You grant  Kollekt a non-exclusive, fully transferable, royalty-free, fully paid, irrevocable, sub-licensable, worldwide license. This license allows Kollekt to reproduce, display, perform, make available, distribute, modify, transcribe, and use Customer Materials through any medium and in any manner, by any means or technology, now known or hereinafter created, in connection with the Services.

    6. You are solely responsible for Customer Materials and acknowledge that You own them or have the full right to use and make them available. You acknowledge that the use by Kollekt and the granted license does not infringe on any intellectual property rights, violate the terms herein, promote illegal acts, or imply cooperation with or endorsement by Kollekt or any entity or individual.

    7. Kollekt reserves the right, at its sole discretion and without prior notice, to assess and remove any Customer Materials that violates these GTC or applicable law.

    8. Kollekt will not in any other way make available or share Customer Materials with others, nor will Kollekt permit any third party to use Customer Materials. Kollekt will further not take any responsibility for any parts of Customer Materials and will not defend and/or indemnify You for any claim, demand, suit or proceeding made or brought against You by a third party in relation to the Customer Materials.

  5. SYSTEM REQUIREMENTS

    1. The playback software ("Atmosphere") is compatible with multiple operating systems (e.g., iOS/​​iPadOS, Android, MacOS, Windows) and the music curation platform (“Backstage") is web-based and is accessible on most modern web browsers for desktop. The latest compatible operating systems, devices and supported web browsers can be found on Kollekt’s Website.

    2. You require permission and access to download and install the playback software (“Atmosphere”) on the Playback Device. This includes, but is not limited to having access to, sufficient free storage, Apple ID, Google account, login credentials, permissions to install third party software, local Wi-Fi passwords, Sonos login details, etc.

    3. You are solely responsible for the stability of Your (wireless) networks. This includes any internet network, audio network and sound system.

  6. CUSTOMER SUPPORT

    1. Kollekt will operate and update the Services and receive and handle inquiries relating to the use of or access to the Services, such as technical issues or matters (“Customer Support”).

    2. Kollekt's aim is to ensure that You enjoy an outstanding experience while using the Services. In the event that You encounter any technical issues or have questions regarding the Service(s), You can reach Customer Support, during Working Hours by sending an email to support@kollekt.fm, via WhatsApp or phone on the number +31(0)20 261 52 68.

    3. Customer Support might, but is not obliged to, help in handling issues relating to defects, interruptions and other failures caused in Your hardware, internet connectivity, communication or other equipment, for which You are solely liable. In case Kollekt provides support for issues or defects that are not related to Kollekt's Service(s) and/or Hardware Products, a reasonable fee for Customer Support can be agreed separately.

  7. HARDWARE PRODUCT

    1. Clause 7 applies in the event that You order an AtmosBox or Hardware Product(s).

    2. You are at all times responsible for any transport costs related to shipping of an AtmosBox and Hardware Product(s). For the avoidance of doubt, this means all fees related for the delivery and / or return of an AtmosBox or Hardware Product(s). The aforementioned shall not apply for any delivery and / or return in connection with a defective of a Hardware Product(s) that falls under the Warranty as described in Clause 7.5.

    3. The risk of loss, theft, damage or destruction of the Atmosbox and Hardware Product(s) shall pass to You on despatch of the Atmosbox and Hardware Product(s) by Kollekt or Reseller. As soon as You receive the AtmosBox and Hardware Product(s), You will inspect the AtmosBox and Hardware Product(s) and notify Kollekt of any deficiencies. The absence of such notification within a reasonable period of time after receipt of the AtmosBox and Hardware Product(s) shall not limit Your rights in any way in relation to defects that are not physically visible upon first inspection.

    4. You shall exercise a reasonable standard of care with respect to protecting and maintaining the Atmosbox and Hardware Product(s) against damage, including protection against water, moisture and impact damage. This also includes only using the original power adapter that has been provided with the AtmosBox by Kollekt.

    5. Kollekt warrants that, during the Warranty Period, each AtmosBox and the Hardware Product(s) will function properly under normal use and be free from material defects in any tangible way (the "Warranty").

    6. If an AtmosBox materially fails to conform to the Warranty, Kollekt shall either (i) repair the AtmosBox, or (ii) replace the AtmosBox, in each case as decided by Kollekt at its sole discretion. Repairing or replacing the AtmosBox are the sole remedies that do not conform to the Warranty. When returning the AtmosBox in accordance with the above, the date of receipt by Kollekt shall transfer title and ownership to Kollekt.

    7. Costs for replacing an AtmosBox in case of non-conformities as defined in Clause 7.4 are three hundred and fifty (350) Euro excluding any shipping and installation fees (for the avoidance of doubt, the replacement costs do not represent the market value of AtmosBox).

  8. PUBLIC PERFORMANCE AND ROYALTY PAYMENT

    1. Except as provided in Clause 8.2 with respect to Public Performance Licenses, Kollekt is responsible for obtaining licenses which are necessary to use the Services and for making the royalty payments in connection therewith.

    2. You are solely responsible for obtaining and registering all the relevant Public Performance Licenses and/or royalties to performance rights organizations or other relevant licenses from the relevant local collection agency ("PRO's" e.g., Buma/Stemra, Sena, PPL, PRS for Music, SABAM, etc.) in connection with Your access to and use of the Services in countries other than the U.S. and Canada.

    3. For Site(s) in the U.S. and Canada, Kollekt obtains all necessary music licenses, including the Public Performance Licenses, for the use of the Services in accordance with the terms set forth in the Customer Agreement. This means that You do not need to obtain Public Performance Licenses from the local PRO’s for Site(s) in the U.S and Canada. In the event that You use the Services in the U.S. and Canada in any of the ways listed below, the public performance rights are not licensed by Kollekt and You should contact the local PRO’s to obtain Public Performance Licenses. You:

      - conduct physical exercises and/or instructed health club classes, such as aerobics or dance classes to music; or
      - play music from another source other than the Services such as a DJ, karaoke, or live music; or
      - charge an admission fee.

    4. You are at all times responsible for any fees and for making such payments to PRO's and any local rights organizations. You agree to indemnify, defend and hold Kollekt harmless from and against any losses arising out of the public performance and any other use of the Services, including your failure to secure and maintain any necessary Public Performance Licenses or make payments to local rights organizations.

  9. PAYMENT SCHEDULE AND FEES

    1. You agree to pay per Subscription and/or for any setup fees set forth in the Commercial Terms and Order(s) (“License Fee”). License Fees shall be paid within the period as described in the Commercial Terms (“Payment Term”).

    2. In the event a new Playback Account is created during the Term (for example; a new Site has been opened, or a Site has added an additional zone), the Subscription for the month of activation shall be calculated on a pro rata basis (example; if a Playback Account has been created on the fourteenth (14th) of January, the Subscription for the month of January is calculated as 14/31 share of the Subscription). The moment of creation of a Playback Account shall be deemed as either the activation date or the shipment date of the AtmosBox and Hardware Product(s), whichever occurs first. In the event that the AtmosBox and Hardware Product(s) are shipped to a third party for installation purposes (e.g. an IT-vendor, or general constructor), the installation date of the AtmosBox and Hardware Product(s) is deemed the moment of creation of the Playback Account.

    3. You agree to follow the instructions mentioned on the invoice, including but not limited to, citing an invoice number on the payment. You shall pay the (bank) transaction fees. In case a SEPA direct debit or credit card payment is disputed by You, You cover all costs in relation to disputing the payment.

    4. Any License Fees or other amount not paid when due will be subject to a finance charge of one and a half percent (1.5%) per month (compounded monthly), or the maximum rate permitted by law. In addition to any costs, fees or expenses incurred by Kollekt in connection with Kollekt’s payment reminders and collection activities. In case of (repeated) late payment, Kollekt shall provide You with a written notice of such failure to make a timely payment which may include an administrative fee.

    5. Kollekt has the right to change the License Fee at its sole discretion. This change will take effect in the subsequent Term, unless the Customer Agreement is terminated in accordance with Clause 10. Kollekt will provide a written notice at least four (4) months in advance if there is an increase in the License Fee.

    6. In addition to Clause 9.5 of the Customer Agreement, Kollekt may, as of the first anniversary of the Commencement Date and annually thereafter, undertake a review of any applicable License Fee and may adjust such License Fee to reflect the average of the annual percentage consumer price inflation as published by Centraal Bureau voor de Statistiek (“CBS”).

    7. All fees in accordance with the Customer Agreement are exclusive of any VAT, which if applicable will be added to the invoices. If any fee payable to Kollekt is subject to tax withholding or other tax collected at the source by any taxing authority under mandatory law, You shall pay such taxes (including any incremental taxes, interest or penalties due to a failure to make such payments when due) and the amounts payable to Kollekt shall be increased to the extent necessary to ensure that Kollekt receives (after payment of all such taxes and free from any liability for payment of taxes) the amounts specified in the Customer Agreement. You acknowledge that contemporaneous documentation is critical to ensure that appropriate tax treatment is afforded and agree to provide Kollekt with the required documentation in a timely manner.

  10. TERM AND TERMINATION

    1. The Customer Agreement shall enter into force on the Commencement Date and shall thereafter be in force during the Term, unless earlier terminated by either Kollekt or by You in accordance with these GTC. The Customer Agreement shall automatically renew for an additional subsequent term (“Subsequent Term”), unless written notice of non-renewal is received no later than three (3) months prior to the expiration of the Term or Subsequent Term.

    2. You may terminate specific Subscription(s) for Site(s) that will be permanently closed giving a written notice thereof, including proof of such closure, within thirty (30) days before the closure of the Site(s).

    3. Either Party may terminate the Customer Agreement immediately by written notice to the other Party as follows: 
      - in the event that one of the Parties has committed a material breach of any of the terms of the Customer Agreement and has failed to remedy such breach within thirty (30) days of written notice thereof; or

      - if the event that You are in a Trial period; or

      - if bankruptcy, insolvency or composition proceedings are instituted against the other Party, if there is otherwise reason to assume that the other Party has or may become insolvent or if the other Party is subject to trade prohibition or if the other Party prepares filing for such procedure; or

      - if an invoice remains unpaid for more than thirty (30) days after the Payment Term specified in the Commercial Terms, Kollekt is entitled to terminate the Customer Agreement by thirty (30) days written notice and demand compensation for any damages the delay may have caused Kollekt; or

      - in the case of Force Majeure as described in Clause 13.

    4. Kollekt may terminate or suspend access to or use of any Services or Subscription with immediate effect in the event of (i) actual or suspected unauthorised access to or use of any Service or (ii) non-compliance by any of Your directors, employees or authorised representatives of the Customer Agreement.

    5. Upon expiration or termination of the Customer Agreement, any rights granted hereunder for You to use the Services expire automatically. For the sake of clarity, this also includes the access to content within the Services such as tracklists, song titles etc.

    6. Upon expiry or termination of the Customer Agreement, You shall return to Kollekt, or destroy, any and all copies of Confidential Information, Kollekt Materials, sales materials and other materials including its Intellectual Property.

    7. You agree to indemnify Kollekt for the cost and expense of repairing or replacing the AtmosBox and Hardware Product(s) (including, but not limited to, shipment fees or import taxes) should Kollekt fail to receive the AtmosBox and Hardware Product(s) within forty five (45) days of the date of termination or in the event that the returned AtmosBox and Hardware Product(s) are not returned in a saleable condition (subject to reasonable wear and tear).

  11. DATA PROTECTION
    Kollekt will use any personal information provided by You to (i) provide the Services and (ii) process any payments in respect of the Services. Further details of how Kollekt processes personal information are set out in our Privacy Policy available at: https://www.kollekt.fm/privacy-policy

  12. EXCLUSION OF LIABILITY
    To the maximum extent permitted by law, Kollekt, and any other party (whether or not involved in creating, producing, maintaining or delivering any part of the Services, Website, Application or Hardware Product), and the directors, employees, shareholders, authorised representatives or affiliates of Kollekt, exclude all liability and responsibility for any amount or kind of loss or damage (including, but not limited to, indirect or consequential damage) that may result to You in connection with any part of the Services, Website, Application or Hardware Products.

  13. FORCE MAJEURE
    Neither Party shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms of the Customer Agreement due to causes beyond the control of the party that makes the performance of the Customer Agreement either illegal, impossible, or commercially impracticable, such as, but not limited to, acts of God, war, government regulation, disaster or other casualty, strikes or threat of strikes, acts and/or threats or terrorism, curtailment of transportation services or other events beyond the control of either party. During such force majeure event, the affected Party will use all reasonable efforts to avoid, reduce or eliminate the force majeure event’s prevention, restriction or delay of the performance of its obligations under the Customer Agreement. A force majeure event does not excuse either Party’s obligation to make any payment under the Customer Agreement.

  14. CONFIDENTIALITY

    1. Both Parties undertake, during the Term of the Customer Agreement and for a period of three (3) years thereafter, to keep Confidential Information strictly confidential and to not disclose any Confidential Information to any third party, without the prior written consent of the other Party. Both Parties shall restrict access to Confidential Information to only those of its officers, employees and consultants to whom such access is necessary for the performance of the Customer Agreement, and shall ensure that they are bound by confidentiality undertakings no less restrictive than those of this Clause before any such disclosure.

    2. Irrespective of the above, the Parties’ confidentiality undertaking under this Clause shall not apply to (i) information which was in the public domain at the time of signing of the Customer Agreement, (ii) information which was lawfully known to a party prior to disclosure, or (iii) information which a party is required to disclose under law or pursuant to any order of court or other competent authority or tribunal. If a party is required, in circumstances contemplated by (iii), to disclose any Confidential Information, the disclosing Party shall consult with the other party prior to any such disclosure.

    3. Both Parties may refer to the other Party or its Affiliates in its publicity and promotional materials with prior written approval of the other Party.

    4. You acknowledge that Kollekt may be required to pass details of You and/ or Your Affiliates to PROs or other collecting societies or similar as a condition of its Customer Agreements with such entities.

  15. GENERAL PROVISIONS

    1. Representations and Warranties
      Both Parties represent and warrant that it: (i) has full power and authority to enter into the Customer Agreement and to carry out its obligations under the Customer Agreement, (ii) it has complied, and will in the future comply, with all applicable laws in connection with the performance of the Customer Agreement.

    2. Modifications

      To the Services:
      Kollekt may make commercially reasonable changes to the Services from time to time. Kollekt will inform You if material changes to the Services are made that have a material impact on Your use of the Services.

      To the GTC: Kollekt may update this GTC periodically, so please review the terms applicable at the time of Your use. The latest GTC are available in the legal section of our website (currently at www.kollekt.fm/legal).

    3. Applicable law
      The Customer Agreement and any non-contractual obligation arising out of or in connection with the Customer Agreement shall be governed by and construed in accordance with the law of The Netherlands.

  16. DEFINITIONS

    In these GTC, the following words and expressions shall, unless expressly stated otherwise, have the following meanings:

    “Affiliate(s)” means, Your parent companies, subsidiaries, licensees, licensors, franchisees, franchisors, any entity in which You, Your parent companies or subsidiaries own an interest, and any other entities which You expressly authorize to have access to the Services. Accordingly, by placing an Order, Your Affiliate agrees to be bound by the terms of this Customer Agreement as if it were a party thereto.

    "Customer Agreement" means the Commercial Terms, (additional) Orders, the Supplementary Terms, and the GTC where Kollekt entered into with You.

    "Application" means any application for mobile, tablet and other devices or any application program interface through which any Service is accessible from time to time.

    "AtmosBox" means the hardware player through which the Services are accessible. For the avoidance of doubt, Kollekt remains the sole owner of the AtmosBox.

    Customer” means any corporation or organization to which Kollekt has sold the Services under the Customer Agreement and who will ultimately use the Services.

    “Commencement Date” means the date for commencement of the Services set out in the Commercial Terms or Order.

    “Commercial Terms” means the Order details and Subscription fees as agreed between the Parties.

    “Confidential Information”
    All information or materials provided by or on behalf of one Party to the other Party including without limitation all information that a Party or its Affiliates and those working for them or on their behalf may hear, see, or derive in connection with the Customer Agreement and the providing and/or receiving of the Services, which is of a sensitive or confidential nature in relation to the other Party, including but not limited to, the other Party’s or its Affiliates’ businesses, finances, customers, suppliers, know-how, arrangements, designs, ideas, Intellectual Property, concepts, rights, future plans, projects, that are not subject of general public knowledge.

    "Delivery Date" the date of delivery of the AtmosBox and Hardware Product(s).

    “Effective Date” means the date on which the Customer Agreement will have legal effect, being the date upon which the Customer Agreement has been duly signed on behalf of both Parties.

    "Hardware Product(s)" means any additional hardware component that shall be delivered as part of the AtmosBox included but not limited to power cables and external sound cards. For the avoidance of doubt, Kollekt remains the sole owner of the Hardware Product(s).

    “Intellectual Property” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all  patents, copyrights, service marks, trademarks, business names and domain names, rights in design, rights in computer software, database rights, Confidential Information (including know-how and trade secrets) or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

    “Kollekt Materials” Kollekts’ (i) pre-existing Intellectual Property, (ii) any materials created that are of the general use and applicability to Kollekt’s software development work, and all (iii) proprietary technology, software, platforms, systems, code and all inventions, subroutines, techniques and tools which are developed and created by Kollekt.

    "License" has the meaning given to that term in Clause 1.1 of these GTC.

    “License Fee” has the meaning given to that term in Clause 9.1 of these GTC.

    “Marks” means respective trademarks, logos, service names, domain names and/or trade names, whether registered or otherwise used as an identifier of goods or services.

    “Order” means an online activation of a Subscription or purchase of the Services or Hardware Products. This activation/purchase is a legally binding purchase of the Services entered into between You or any of Your Affiliates and Kollekt under the GTC set out online when placing an Order.

    “Party/Parties” Party shall mean either the Customer/You or Kollekt. Parties shall mean the Customer/You and Kollekt.

    "Playback Account" means an electronic record created for You to access the playback software ("Atmosphere")  requiring authentication through a username and password (“Login Credentials”).

    “Playback Device” means any electronic device owned by You, including, but not limited to, an iPad, iPod touch, Android device, and computers running either the Windows or Mac operating systems. The device must meet the System Requirements specified in Clause 5.

    “Playpoint” means each and every zone within a Site in which it is possible to manage and play a different stream of music than in another zone.

    "PRO's" Performance Rights Organisations provide intermediary functions, particularly collection of royalties, between copyright holders and parties who wish to use copyrighted works publicly in locations such as shopping and dining venues (e.g., Buma-Stemra, SABAM, SACEM, PPL, PRS etc.).

    “Reseller” means, if applicable, the authorized unaffiliated third party reseller that sells the Services to You.

    “Service(s)” means all streaming services, including but not limited to a music curation platform (“Backstage”), a commercial playback software ("Atmosphere"), a hardware player (‘AtmosBox’) and additional Hardware Product(s), the access to and use of media content selected by curators, made available by Kollekt to You.

    “Site(s)” means any physical location for which a License to use the Services has been obtained by You. If a Site has several Playpoints, each such Playpoint shall be considered as being a separate Subscription for the purpose of calculating the License Fees to be paid to Kollekt or the Reseller hereunder.

    "Subscription" means any subscription for a fee-based access to and use of any Services paid periodically in advance during the Term.

    "Supplemental Terms" means any further terms and conditions of Kollekt, including but not limited to Kollekt’s privacy policy and technical guidelines applicable to the Services, as amended or supplemented from time to time and as published on the Website.

    “Term” means the period of time as defined in the Commercial Terms and/or Order during which Kollekt is obliged to provide the Services to You.

    "Trial" means a subscription for access and use of any Services for a specified term without payment.

    "Warranty" has the meaning given to that term in Clause 7.5 of these GTC.

    "Warranty Period" means, in relation to the AtmosBox and any Hardware Product(s), the period that starts at the Delivery Date and ends at the last day of the then current Term.

    "Website" means www.kollekt.fm, backstage.kollekt.fm, api.kollekt.fm, remote.kollekt.fm and any other Websites and subdomains through which Kollekt makes any Services available from time to time.

    “Working Day” means any day from Monday to Friday which is not a designated public holiday in the Netherlands (e.g., Christmas day, bank holidays).

    “Working Hours” are 09:00 to 21:00 in the Netherlands on a Working Day. Kollekt may update the Working Hours from time to time.


Issue date: Jun 1st, 2024
Previous versions:
- Jan 1st, 2023