Terms of Service

1. General
This website (the “Site”) is owned and operated by Jazzlovers.fm GmbH, Gryphenhübeliweg 45, 3006 Bern, Switzerland (“we,” “us,” or “Company”). By accessing any Jazzlovers.fm GmbH website (including www.jazzlovers.fm, www.jazzmindaccelerator.com), you agree to be bound by these Terms of Service, applicable laws, and any additional policies referenced herein (such as our Privacy Policy and product-specific agreements).

We reserve the right to update or modify these Terms at any time for reasons including legal changes, policy updates, or adjustments to our services. Updates will be posted here and, where material, will be communicated via registered contact information. Continued use of the Site after updates signifies acceptance of the revised Terms.

2. Scope of Services
- Jazzlovers.fm GmbH provides a range of services and products, including but not limited to:
- JazzMind Accelerator Lab: A structured, intensive online jazz education program aimed at enhancing musicianship, improvisation skills, and technical proficiency. Separate purchase agreements may specify further terms.
- Physical Products: Items such as CDs, vinyl records, or “Behind the Scenes” packages related to music production and collaboration.
Customized Services: Tailored solutions for music production, recording, or education for specialized needs.
- These Terms govern all services and products unless otherwise specified in separate agreements. By purchasing or using our services, you agree to abide by these Terms and any specific terms that may apply.

3. Intellectual Property
Jazzlovers.fm Gmbh is the owner and operator of this portal. All brands, names, titles, logos, images, graphics, texts, videos and other elements appearing on this site are the property of Jazzlovers.fm Gmbh or one of its contractual partners.

No intellectual property right or copyright arises from consulting, downloading or copying pages of the site. The total or partial reproduction, transmission (electronically or by other means), modification, use of the portal, or the addition of links on or to it for public or commercial purposes are prohibited without prior written authorization.

Upon purchase, you are granted a non-exclusive, non-transferable license for personal use only. Redistribution or resale is strictly prohibited.

Any content accessed via the JazzMind Accelerator Lab on Skool.com or similar plattforms also count towards the intellectual property rules mentioned.

4. Customer Responsibilities
To ensure smooth service delivery and mutual respect, all customers are expected to:

• Provide accurate and truthful information during account registration and purchases to avoid miscommunication or delays.
• Safeguard login credentials such as usernames and passwords. Sharing or misusing credentials may result in immediate suspension or termination of access to our services.
• Report any unauthorized account activity to our support team at the earliest opportunity to prevent further misuse.

By adhering to these responsibilities, customers contribute to maintaining a professional and secure environment for all users.

5. Payment Terms
This applies to all payments:
Important: All payments are final. Refunds are excluded once access to the digital content has been granted – except in cases of proven defects, non-performance or incomplete delivery, or where a statutory right to a refund exists.
• If a payment is declined, our system will automatically disable access to our materials. We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
• Once you log in or access any digital content, you lose your right of cancellation and refund, unless the product is defective.

6. Cancellation and Withdrawal Policy
6.1. Definitions
• Digital Product: Electronic content or online program access.
• First Access/Login: First successful login or access to the digital product.
• Defective Product: Content that fails to perform as described.

6.2. General Policy
All digital and online program purchases are final unless otherwise specified or required by applicable law. All sales are final.

6.3. EU and UK Customers – Right of Withdrawal
Under EU/UK law, a 14-day withdrawal right exists but is lost once:
• You consent to immediate access at purchase, and Acknowledge this waives your right of withdrawal upon logging in.
• The full contract amount becomes due upon first access. For defective or misrepresented content, statutory remedies remain.
• You must actively waive the withdrawal right during checkout, e.g., by confirming via unticked checkbox.
Important: By accessing the digital content for the first time and actively waiving your withdrawal right during checkout, you lose your statutory withdrawal right under EU/UK law.

If you have not yet accessed the digital content, you may withdraw from the contract within 14 days after purchase without stating any reason. To exercise this right, please contact support@jazzlovers.fm within the withdrawal period.

6.4. US Customers
No statutory right of withdrawal or cancellation applies except for defective products. All sales are final unless otherwise required by law.

6.5. Access and Payment
Accessing digital materials or logging in to programs constitutes full use. The full contract amount is due upon first access.

6.6. Exclusion of Withdrawal and Refunds, Early Termination, Defective Products
• No withdrawal, cancellation, or refund applies after first login, except for statutory requirements regarding defects.
• Contracts cannot be terminated in any way before the agreed period has ended, except when specifically agreed in writing by both parties at contract conclusion.
• Early termination where permitted requires written notice at least one (1) month (30 days) in advance.
• You must notify us at support@jazzlovers.fm within 14 days of discovering a defect, including reasonable evidence. 
• Please note: Lack of participation or absence alone does not entitle you to a refund or contract termination.
Important: In the event of a payment dispute or chargeback, your access will be suspended while the issue is being resolved. If the matter is settled and outstanding balances are cleared within 7 business days, your access will be reinstated. Repeated or unfounded chargebacks may result in permanent termination.
Important: Jazzlovers.fm GmbH maintains detailed records of client access and usage. These records may be provided to payment processors, banks, or courts in the event of any payment dispute or chargeback.

6.7 Refunds for Service Failure
A refund will be granted only in cases where the purchased digital content or service is persistently unavailable or defective (for example, extended loss of platform access, or missing essential course materials as described on the program page) and the issue cannot be remedied by Jazzlovers.fm GmbH within 10 days of notification in writing by the customer.All refund requests must be submitted in writing within 14 days of discovering the issue.

6.8 Program extension (Goodwill Clause)
In the event of serious illness or other significant hardships, you may request a temporary extension of your program access. Upon approval, the duration of your access to the program will be extended by the period during which you are unable to participate, at no additional cost. The extension can be granted not more than twice during 12 months term. The duration of the extnesion can not be more than 12 month in total. Please submit your request in writing to support@jazzlovers.fm, including a brief explanation and, where applicable, supporting documentation. Each request will be reviewed individually, and we aim to accommodate such situations in good faith.Please submit appropriate proof and your request in writing to support@jazzlovers.fm. 

7. Termination of Services
Jazzlovers.fm GmbH reserves the right to suspend or terminate access to services or accounts under the following conditions:

• Failure to resolve overdue payments or other outstanding balances within the agreed timeframe.
• Actions that disrupt, harm, or diminish the experience of other users in the online community or interaction with our staff.
• Any breach of these Terms, including but not limited to intellectual property violations, misuse of services, or unauthorized activities.

Termination notices will be sent to the contact details provided by the customer. In such cases, customers will lose access to the affected services, and refunds will not be issued unless otherwise specified.

8. Privacy Policy
We prioritize your privacy and are committed to protecting your personal information. All data collection, storage, and usage are governed by our Privacy Policy, which adheres to Swiss data protection laws and, where applicable, the General Data Protection Regulation (GDPR). By using our Site or purchasing our services, you acknowledge and consent to the practices outlined in the Privacy Policy.

If you have questions or concerns about how your data is handled, you are encouraged to contact us directly at support@jazzlovers.fm.

9. Force Majeure
Jazzlovers.fm GmbH is not liable for delays, disruptions, or failures in performance caused by events beyond our reasonable control. These may include but are not limited to:
• Natural disasters, extreme weather conditions, or environmental hazards.
• Government actions, regulations, or restrictions that impact operations.
• Technical failures, server downtime, or disruptions caused by third-party providers.
• Global pandemics or other public health crises.

In such circumstances, we will take all reasonable steps to minimize the impact on our customers and resume normal operations as soon as possible. Customers will be informed of any significant delays or adjustments to services.

10. Online Community Guidelines
Our online community is a key component of our programs, designed to provide a supportive space for collaboration, learning, and inspiration. By participating in the community, you agree to:

• Engage respectfully with other members, avoiding any behavior that could be deemed offensive, abusive, or disruptive.
• Refrain from excessive self-promotion, spam, or solicitation of unrelated services.

We reserve the right to moderate the community to maintain a positive environment. Members who violate these guidelines may have their access revoked without refund.

Important: Violation of these guidelines may lead to immediate loss of access to our services, without refund.

11. User Behavior
When using the Site, you must adhere to the following rules:

• Do not post, share, or transmit content that is illegal, defamatory, obscene, or otherwise inappropriate.
• Avoid impersonating others, misrepresenting information, or engaging in fraudulent activities.
• Refrain from attempting to hack, gain unauthorized access, or disrupt the functionality of the Site or its services.
• Respect intellectual property rights and avoid unauthorized copying or distribution of content.

Failure to comply may result in account suspension, termination, and legal action where applicable.

Important: Violation of these guidelines may lead to immediate loss of access to our services, without refund.

If your access is suspended or terminated, you have the right to appeal the decision by submitting a written request with your reasons within 14 days. Our designated review panel will reassess your case and communicate a final decision.

12. Personal Use of Purchases
All purchases made through Jazzlovers.fm GmbH are strictly for personal use. Unauthorized sharing, copying, or redistribution of purchased materials is strictly prohibited. 

Customers are encouraged to respect the intellectual property of the Company and its affiliates. Violations of this policy may result in immediate access suspension and potential legal consequences.

Important: All purchases are strictly for your personal use. Any sharing, redistribution, or resale of purchased materials is strictly prohibited.

13. Indemnity Clause
By using our Site and services, you agree to indemnify and hold harmless Jazzlovers.fm GmbH, its affiliates, employees, and representatives from any claims, damages, liabilities, or costs arising from:

• Your misuse of the Site or services.
• Breaches of these Terms, including unauthorized sharing or intellectual property violations.

This indemnity extends to cover legal fees and any other associated costs.

14. Technical Requirements
To fully access and benefit from our online programs and services, customers are required to:

• Have a stable, high-speed internet connection capable of supporting video and audio streaming.
• Use a device compatible with modern browsers and meeting the platform’s technical requirements.
• Our support team is available at support@jazzlovers.fm and will respond to all inquiries within 48 hours on business days.

Customers are responsible for ensuring their setup meets these requirements before purchasing or accessing services.
Important: No refunds will be given due to incompatibility or technical limitations on your side.

15. Compliance with Laws
Jazzlovers.fm GmbH operates under the laws of Switzerland and complies with all applicable international regulations, including GDPR for EU-based customers. Customers are also expected to adhere to relevant local laws while using our services.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent authority, the remainder of the Terms shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent.

16. Shipping and Taxes
16.1. Shipping:
Physical products are shipped globally via Swiss Post. Delivery times vary depending on the destination, customs clearance, and local postal systems.

16.2. Taxes and Fees:
Swiss VAT is included where applicable. Customers are responsible for any import duties, taxes, or additional fees imposed by their local government.

17. Disclaimers and Limitation of Liability
17.1. External Links:
Links to external websites are for convenience only. Jazzlovers.fm GmbH does not endorse or take responsibility for the content or functionality of third-party sites.

17.2. Hosting Services:
Issues caused by third-party hosting services will be addressed promptly. Access extensions may be provided for prolonged outages.

17.3. Warranty:
Products and services are provided "as is." Liability is limited to the purchase price.


18. Legal Courts
In case of conflict, the parties will try to find a solution through mediation, first.

All disputes, controversies or claims arising out of or in connection with this contract, including the validity, invalidity, breach or termination thereof, shall be submitted in the first instance to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers of Commerce in force on the date on which the request for mediation is filed in accordance with the said Rules.

The seat of the mediation shall be in Bern, Switzerland.
The mediation process shall be conducted in English and shall not exceed 30 working days from the official appointment of the mediator.

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Jurisdiction: All disputes are governed by Swiss law under the jurisdiction of the Canton of Bern.

19. Modification of Terms
We reserve the right to update or modify these Terms as needed. Notifications will be sent for significant changes. Continued use of the Site after updates implies acceptance of the revised Terms.

Contact Information
For any questions, issues, or to report a defect, please contact us at support@jazzlovers.fm. We will respond within three (3) business days.

Address
Jazzlovers.fm GmbH
Gryphenhübeliweg 45
3006 Bern
Switzerland

Responsible for this page:
Simon Petermann

Addendum
Swiss Business Register Entry ID of Jazzlovers.fm GmbH: CH-036.4.088.404-5
Unique enterprise identification number (UID) of Jazzlovers.fm GmbH: CHE-305.968.175

Updated
23. June 2025

Previous Versions of these Terms of Service:


©2025 Copyright by Jazzlovers.fm GmbH


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