Last Updated: March 17, 2023
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE KENTSTER SERVICE (THE "SERVICE"), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
This Terms of Service Agreement (the "Agreement") is a legally binding contract between you ("User", "you", or "your") and the Kentster team (collectively "we", "us", or "our"), a group of dedicated fans who maintain and provide the Service free of charge. Your use of the Service indicates that you have read, understood, and agree to be bound by this Agreement.
By using the Service, you represent and warrant that you are at least the legal age to enter into a binding contract. If you are not of legal age, you must use the Service only with the involvement and consent of a parent or legal guardian. You further affirm that no applicable law or regulation prohibits you from using the Service.
We reserve the right to modify or update this Agreement at any time at our sole discretion, with or without notice. Any changes will become effective immediately upon posting on our website or within the Service. Your continued use of the Service after such changes constitutes your acceptance of the revised terms. We recommend that you review this Agreement periodically.
Your use of the Service is subject to our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.
By accessing or using the Service, you acknowledge that:
To access and use the Service, you must have a compatible device with an active Internet connection. The Service integrates music playback exclusively via Spotify. This means:
The Service integrates third-party content—specifically music and artwork—via direct connections to Spotify and public internet links. You acknowledge that:
Except for the third-party content described above, all proprietary elements of the Service—including the game design, underlying code, and user interfaces—are provided by the Kentster team. Subject to your full compliance with this Agreement, we grant you a limited, non-exclusive, revocable, and non-transferable license to access and use the Service solely for your personal, non-commercial use. You agree not to reproduce, modify, distribute, or create derivative works based on any portion of the Service—whether developed by the Kentster team or owned by third parties—without our express written permission or that of the rightful owner.
You agree that you will not, nor permit any third party to:
Any violation of these guidelines may result in the termination or suspension of your access to the Service.
As part of your access to the Service, you may be exposed to advertisements, promotions, and other communications from us or our partners. By using the Service, you consent to receive such communications. We reserve the right to modify, suspend, or discontinue advertising at any time without prior notice.
We strive to provide reliable and uninterrupted access to the Service; however, we do not guarantee that the Service will be available at all times or free from errors, interruptions, or delays. The Kentster team is not responsible for any loss or damage resulting from any downtime, technical issues, or other service interruptions. For support or inquiries, please contact us at kentster@example.com.
We respect the intellectual property rights of others. If you believe that any content in the Service infringes upon your copyright, please notify our designated copyright agent by submitting a DMCA-compliant notice to sara@mindtrack.se. Your notice must include:
If you believe that any content removed by us was removed in error, you may submit a counter-notice in accordance with the DMCA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE KENTSTER TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT (IF ANY) PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE 90-DAY PERIOD PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless the Kentster team and its contributors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service or your breach of this Agreement.
Any dispute, controversy, or claim arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration in accordance with the rules of an arbitration institution selected by the Kentster team. The arbitration shall be conducted on an individual basis only, and you agree to waive any right to participate in a class action. The arbitration shall be held in Stockholm, Sweden and conducted in English. Notwithstanding this arbitration provision, either party may bring claims in small claims court if permitted by applicable law.
The Kentster team shall not be liable for any delays or failures to perform its obligations under this Agreement if such delay or failure is due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.
All notices required or permitted under this Agreement shall be given in writing and delivered via email or certified mail to the addresses provided by the Kentster team. Notices shall be deemed received upon confirmation of delivery.
No delay or failure by the Kentster team in exercising any right under this Agreement shall operate as a waiver of that right. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
This Agreement is personal to you and may not be transferred, assigned, or delegated by you without our prior written consent. Any attempt to do so without consent will be void. This Agreement shall be binding on and inure to the benefit of you and the Kentster team's respective permitted successors and assigns.
This Agreement, including any policies or documents referenced herein, constitutes the entire agreement between you and the Kentster team regarding your use of the Service and supersedes all prior agreements or understandings, whether written or oral.
Important: The Service uses Spotify solely to facilitate music playback. You must have an active Spotify account to use the music features. The Kentster team is not affiliated with or endorsed by Spotify, and we hold no licenses to the music or artwork used in the Service. All artwork is retrieved from publicly available links and remains the property of its respective owners, including Spotify and the rock band Kent. Changes to Spotify's API or policies may render the music playback features inoperable, and the Kentster team accepts no liability for such occurrences.
If you have any questions regarding these Terms of Service, please contact us at:
Email: sara@mindtrack.se
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of this Agreement, please discontinue your use of the Service immediately.