1. Parties & Agreement
These Terms constitute a binding agreement between SMGTY Europe OÜ ("SMGTY", "we", "our"), a company incorporated in Estonia, and the individual or entity ("Customer", "you") that registers for or uses BizPlay.
BizPlay is a cloud-based commercial music streaming management platform designed for licensed commercial spaces.
2. Service Description
BizPlay provides subscription-based access to a music streaming management platform including:
- Curated and licensed music catalog playback
- Playlist scheduling and zone management
- Player device management and remote control
- Analytics, reporting, and team management tools
- Optional add-on services (AI Playlist, Spotify Import, etc.)
The Service is intended for commercial use in licensed public spaces only. Personal or residential use is not permitted.
3. Account Registration & Security
You must provide accurate and complete information when registering. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access
One organization account may be used by multiple team members via the team management feature. Account sharing between unrelated businesses is prohibited.
4. Subscriptions & Billing
BizPlay subscriptions are available on monthly or annual billing cycles. Prices are displayed in the currency applicable to your region and are exclusive of value added tax (VAT), which is added where required under EU law.
- Monthly plans renew automatically each month.
- Annual plans renew automatically each year at a 20% discount.
- Add-on services are billed in addition to the base plan.
- Prices may change with 30 days' written notice.
Where you are a consumer in the EU, you have a statutory right of withdrawal within 14 days; for digital services that begin immediately with your consent, this right ends once the service has been fully provided. Other fees are non-refundable except as required by applicable law. Failed payments may result in service suspension after a grace period.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of applicable regulations
- Attempt to circumvent licensing restrictions or broadcast content outside licensed premises
- Reverse engineer, decompile, or extract source code from the platform
- Sell, resell, or sublicense access to third parties without written consent
- Upload or transmit malicious code, spam, or unauthorized commercial content
- Interfere with or disrupt the Service's infrastructure
6. Intellectual Property
SMGTY and its licensors retain all intellectual property rights in the Service, platform, and underlying technology. Music content is licensed from third-party vendors under their respective licensing agreements.
You retain ownership of any content you upload (e.g., announcements, custom artwork). By uploading content, you grant SMGTY a license to store and serve it solely for providing the Service.
7. Music Licensing & Copyright Compliance
All music available on BizPlay is licensed for commercial broadcast in approved territories. You are responsible for:
- Ensuring your business premises have any required local performing rights licenses
- Using content only within the licensed territories and venues
- Not recording or redistributing streamed music content
Content licensed through music rights societies (performing rights organizations) may carry additional compliance requirements displayed at the point of selection.
8. Privacy & Data
Your use of the Service is governed by our Privacy Policy and Cookie Policy, incorporated herein by reference. We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Estonian Personal Data Protection Act (Isikuandmete kaitse seadus).
9. Limitation of Liability
To the maximum extent permitted by law, SMGTY's total liability to you shall not exceed the fees paid in the three (3) months preceding the claim. SMGTY is not liable for indirect, incidental, special, or consequential damages. Nothing in these Terms excludes liability that cannot be limited under mandatory law.
The Service is provided "as is" and "as available." We do not guarantee uninterrupted or error-free operation, though we aim for 99.9% uptime.
10. Termination
You may cancel your subscription at any time from the Billing section of your account. Cancellation takes effect at the end of the current billing period.
SMGTY may suspend or terminate your account immediately for material breach of these Terms, non-payment, or conduct that harms other users or the platform.
11. Governing Law & Disputes
These Terms are governed by the laws of the Republic of Estonia. Any disputes shall be subject to the jurisdiction of the Estonian courts, with Harju County Court (Harju Maakohus) in Tallinn as the court of first instance, unless otherwise required by mandatory consumer protection law applicable in your country of residence.
12. Changes to Terms
We may update these Terms from time to time. We will notify you via email or an in-app notice at least 30 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Contact
For questions about these Terms: