These Terms of Service govern your use of our applications, our website located at https://timberapps.io, and any related services provided by Timber Apps Ltd.

When you use any of our applications, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the application(s), accessing our website, or using any other services provided by Timber Apps Ltd.

If you access or download any of our applications from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Timber Apps Ltd, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 21 June 2024.

Limitations of Use

By using any of our applications and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any of our applications or any materials and software contained within our applications or on our website;
2. remove any copyright or other proprietary notations from our applications or any materials and software contained within our applications or on our website;
3. transfer our applications or any of its associated materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use our applications or any of its associated services in a way that abuses or disrupts our networks or any other service Timber Apps Ltd provides;
5. use our applications or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use our applications or its associated services in violation of any applicable laws or regulations;
7. use our applications to send unauthorised advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use our applications or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in our applications and on our website are owned by or licensed to Timber Apps Ltd. You may download our applications to view, use and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Timber Apps Ltd at any time.

Automatic Updates

You give us permission to download and install updates to our applications on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the specific application from your device.

Liability

Our applications and the materials in our applications and on our website are provided on an 'as is' basis. To the extent permitted by law, Timber Apps Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Timber Apps Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our applications, our website, or any other services provided by Timber Apps Ltd or the materials in our applications, even if Timber Apps Ltd or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in our applications or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Timber Apps Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in our applications or on our website, or otherwise relating to such materials or on any resources linked to our applications and our website.

Links

Timber Apps Ltd has not reviewed all of the sites linked to our applications or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Timber Apps Ltd of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Refunds for Subscriptions and In-App Purchases

Google Play Store: For subscriptions and in-app purchases made through the Google Play Store, users can request refunds directly from the platform within 48 hours of purchase. At Timber Apps, we're open to considering additional refund requests under special circumstances. If you encounter issues with your purchase that you believe warrant a refund after this period, please contact us with your order number and details.

Apple App Store: Refund requests for subscriptions and in-app purchases made through the Apple App Store must be handled directly with Apple. Sales via the App Store are generally final, but exceptions may be made by Apple in certain cases. To request a refund, visit Apple's Report a Problem page. For more information on Apple's policies, refer to their Terms of Use.

General Considerations: Customer satisfaction is our priority at Timber Apps. If you have any issues with our apps or questions about the refund process, feel free to contact us. Keep in mind that refund policies set by Google Play and Apple are subject to change. We recommend checking the current policies of each platform for up-to-date information.

Notice regarding Apple

To the extent that you are using or accessing our applications on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Timber Apps Ltd only, not with Apple Inc. (Apple), and Apple is not responsible for the application and any materials available in the application.

Apple has no obligation to furnish you with any maintenance and support services with respect to our applications.

If the application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the application or your use of the application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our applications, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Additional Terms for AirTuner

The AirTuner App:

AirTuner is the digital equivalent of a radio receiver. The AirTuner App consists of an index of radio stations designed to simplify finding radio programming from broadcast or radio sources, whether available through our website or through any software applications made available for mobile devices, computers, or car systems. AirTuner is not a broadcaster and its directory service just redirects users to specific content providers in accordance with their publicly available services. AirTuner is an intermediary that connects (via embedded hyperlinks) users to radios broadcasting over the Internet. AirTuner does not own any of the brands it lists or claim any rights in the content that listeners may access. AirTuner complies with the applicable laws and fully respects third-party rights. AirTuner is not liable for any content that any of the listed radio stations broadcasts.

Using the AirTuner App:

Our service is provided only for your personal and non-commercial use and you may not transfer AirTuner Service to a third party. You agree that you will not resell, sublicense, transfer, rent, lease, or exploit AirTuner Service commercially, in whole or in part. You agree that you will not use the AirTuner Service in any unlawful manner and that you will not attempt to gain unauthorized access to it (by modifying it, adapting it, or hacking it). Collecting or storing personal data about other users without their express permission is strictly forbidden.

Third Party Content:

Third Party Content definition:

• Any broadcast radio programs, podcasts, or other audio content that the AirTuner App gives you the ability to listen to;
• Any photos, images, graphics, sound recordings, musical works, album artworks, data, information, feedback, suggestions, text, content, and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit;
• Any links or other access to websites and resources on the Internet.

Third Party Content may be copyrighted and protected.

You acknowledge and agree that Third Party Content may be the copyrighted material of the third party that supplies it. Therefore the content accessed on the basis of our service that is protected by copyright law and other applicable laws, may not be reproduced, used to prepare derivative works, performed publicly or displayed publicly and distributed without the written consent of the third party that supplied it, except as permitted by applicable law.

Third-Party Content may be transmitted with a variety of copy protection mechanisms, which are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may constrain or prevent the ability of the AirTuner Service to play Third Party Content.

You understand that AirTuner does not control the decision of a third party to institute such copy-protection mechanisms. You agree that AirTuner cannot be held responsible for what concerns your or any third party’s ability to access or listen to any Third Party Content due to a copy protection mechanism.

Due to copyright protection mechanisms, it is strictly forbidden to extract, remove, or otherwise change content or by any means make any attempts thereto. Any attempt to do so may subject you to liability and can result in the suspension or deletion of your account.

We are not responsible for the nature of the Third Party Content.

The AirTuner App gives you the ability to listen to and access Third Party Content over which AirTuner exercises no editorial or programming control. We are not responsible for the nature of the Third Party Content.

You also understand that:

• The AirTuner App does not guarantee access to, recording of, listening to, or viewing of any particular Third Party Content;
• Third Party Content is not under AirTuner’s control and the AirTuner App is not responsible for it and does not in any way endorse such Third Party Content;
• Third Party Content providers may change or delete Third Party Content or schedules at any time;

Intellectual Property and Licenses:

Any software that may be made available by the AirTuner App contains proprietary and confidential information that is protected by applicable intellectual property laws. AirTuner app grants you a personal and non-exclusive right and license to use these software programs only for personal and non-commercial use of the AirTuner App. Any other rights not expressly granted herein are reserved by AirTuner.

You shall not use the AirTuner App to perform any action of data mining, scraping, or similar data gathering or extraction methods. Any use of the AirTuner App other than as specifically authorized herein is strictly prohibited.

AirTuner respects and protects the copyright and the intellectual property of others and takes this subject very seriously. We also ask our users to do the same: respect third-party rights!

Infringing activity regarding intellectual property will not be tolerated on the AirTuner Service. Upon notice from an intellectual property owner or its agent, AirTuner will remove any material from AirTuner App that we believe is infringing the intellectual property rights of a third party by being made available through the AirTuner App.

AirTuner may also remove all third-party content after receiving more than two takedown notices. However, AirTuner may terminate access after receipt of a single notification of claimed infringement.

Procedure for Reporting Claimed Infringement:

If you believe that any content listed on the AirTuner App has been used or exploited in a manner that infringes an intellectual property right you own, you should promptly send a “Notification of Claimed Infringement” to AirTuner at info@timberapps.io.

You may also contact AirTuner by mail at the following address:

Att: AirTuner - Copyright Claim
Timber Apps Ltd
128 City Road
London EC1V 2NX
United Kingdom

In order to be effective, remember to include, at least, the identification of the specific material that is claimed to be infringing, a physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed, and information that allows AirTuner to reply to you, such as an address, telephone number, or e-mail.