General terms and conditions

This website is owned and operated by Newton & Associati 1997 SL (hereinafter, “MoosBox”), with registered office at C/ Provença 290, Ppal. 1ª, 08008 Barcelona, Spain. These Terms and Conditions govern the use of our website and the services offered. This site provides visitors with internet digital radio services and customized in-store radio, distributed via web streaming of the radio signal. By accessing or using the website and our services, the user or client acknowledges having read, understood, and agreed to be fully bound by these General Terms and Conditions.

These General Terms and Conditions shall always apply, in the event of any future service agreements with clients, as the baseline general terms, perfected by a specific service contract tailored to the client’s needs and interests.

Please read these Terms and Conditions carefully before accessing MoosBox services through computer or mobile application (App).

Preamble
The user declares that they have verified that the service offered meets their needs, and that upon registration on the MoosBox website they received from MoosBox all the information necessary to enter into this contract knowingly.

By subscribing to the site’s newsletter or giving express consent for the processing of personal data for specific purposes, including commercial ones, the client agrees to receive from time to time promotional messages and materials by post, email, or any other contact channel expressly authorized (including phone number for calls or text messages). If you no longer wish to receive such promotional materials, you may inform us at any time.

Offers are addressed to private and business entities. Minors require the approval of a duly authorized guardian or legal representative. To use our website and/or receive our services, you must be at least 18 years old, or have reached the age of majority defined in your jurisdiction, and possess the legal authority, right, and capacity to enter into a binding agreement under these Terms. You may not use this website and/or receive the services if this is prohibited in your country or under applicable laws and regulations.

If an account created for the user is used in violation of these Terms or applicable local, national, or international regulations, MoosBox reserves the right to suspend the service without prior notice.

MoosBox may, without notice, modify the services; stop providing the services or their functionalities; or impose limits on the services or features. MoosBox may permanently or temporarily interrupt or suspend access to the services on this website without prior notice or liability, for any reason or without cause.

MoosBox may permanently or temporarily suspend or terminate access to the service without notice or liability if, at its sole discretion, the client’s conduct violates any provision of these Terms & Conditions or any applicable law or regulation. You may be required to discontinue use of the service/site and to cancel your account and/or services at any time. Notwithstanding the above, in the case of automatically renewed subscriptions and paid services, such subscriptions will only be suspended upon the expiry of the specific contract term, except in the event of particular causes governed by this document or the specific service contract.

Failure to enforce any of the service terms and conditions, for any reason, shall not be construed as a waiver of our right to do so at any time. The services and applications offered may not be used for unlawful purposes, or to support unlawful activities. In such cases, MoosBox reserves the right to suspend the service without notice, reporting the matter to the competent authorities in case of criminal conduct.

MoosBox reserves the right to cooperate with judicial authorities and/or injured third parties in the investigation of any criminal offense or civil wrongdoing involving misuse of its services or website, providing immediately and without exception any material requested by such authorities.

To the maximum extent permitted by applicable law, MoosBox accepts no liability for (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature resulting from access to or use of our services; and (iii) unauthorized access to or use of secure servers and/or any personal information stored therein.

To the maximum extent permitted by applicable law, MoosBox shall in no case be held liable for indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising from or related to the use of, or inability to use, the service.

The Service and all materials contained therein or transferred, including, without limitation, software, images, texts, graphics, logos, patents, trademarks, service marks, copyrights of any kind and type, including those arising from the creation of musical works through the use of Artificial Intelligence, photographs, audio, video, music, and all related intellectual property rights, are the exclusive property of MoosBox. Except as expressly provided in this document, nothing in these Terms shall be deemed to grant a license in or under such intellectual property rights, and the user agrees not to sell, license, rent, modify, distribute, copy, reproduce, manipulate, transmit, publicly display, publicly perform, publish, adapt, modify, or create derivative works thereof. Copying or downloading such elements, even partially, without authorization is strictly prohibited.

Activation of our services in any form, following registration on the website, constitutes acceptance of these Terms and Conditions as well as consent to the processing of personal data, after viewing the Privacy Policy provided at the time of registration at https://moosbox.com/en/privacy-policy/, which forms an integral part of these Terms.

Between
MoosBox (hereinafter, “MoosBox”), with registered office in Barcelona (Spain), C/ Provença 290, Ppal. 1ª 08008, VAT ES-B66809971,

And
Every natural or legal person, consumer or professional, public or private entity, wishing to use the website covered by these Terms and Conditions and to receive the services provided by MoosBox & Associati 1997 SL, who registers on the MoosBox website, hereinafter referred to as “the User”.

Art. 1 – Premises and Annexes

The premises and annexes form an integral and substantial part of this contract.
The provisions contained in this contract and its annexes constitute the entire agreement between the parties and replace any previous verbal or written understanding relating to the same subject.
Novation. This Contract cancels and replaces any prior agreement that may have been entered into between MoosBox and the Client regarding the services and products covered by this contract and its annexes.
No modification may be made to this contract or its annexes without the express written agreement of both parties.

Art. 2 – Communications

The parties elect domicile for the purposes of this contract at their respective offices as indicated in the heading.
Any communication relating to this contract shall be made at the elected domicile, in Italian language and in writing, by hand delivery, registered mail with return receipt, certified electronic mail (PEC), or an equivalent form that ensures legal knowledge under the law.
Each party undertakes to promptly communicate any changes in its registered office and/or PEC.

Art. 3 – Object

MoosBox offers the client, for the duration of this contract, the products and services of data streaming and “webcasting,” defined as audio-only transmission over digital networks such as the Internet, of (i) royalty-free works not subject to license; and/or (ii) works created by MoosBox using generative artificial intelligence technologies; incorporated into radio-type programs and services, under the means, methods, and fees indicated in the official “Quanto Costa” section of the website www.moosbox.com (hereinafter, “Tariff Section”), collectively referred to as “Products and Services.”

Art. 4 – Provision of the Service and Specific Performance of Services and Products

MoosBox provides the Client, for the duration of this contract, with the products and services of data streaming and “webcasting,” defined as the audio-only transmission over digital networks such as the Internet, of:
(i) musical works under international direct license, granted to MoosBox by authors and publishers through direct agreements with the reference Partner, on a non-exclusive basis;
(ii) royalty-free works not subject to collective management;
(iii) original works produced by MoosBox through the use of generative artificial intelligence technologies, traceable through timestamping systems and, on selected subsets, invisible watermarking.
MoosBox provides a web radio service accessible via the portal www.moosbox.com and/or www.radioserver.it, and/or by means of “embedded” codes to be inserted on the Client’s website and/or dedicated streaming URLs and/or decoder devices and/or “Raspberry” or similar devices for the activation and operation of the service. MoosBox shall provide the Client with a login and password to access the system, which will allow the activation of the in-store radio service.
MoosBox shall provide the service described in Art. 3 and in the official “Quanto Costa” section of the website www.moosbox.com, 24 hours a day, 7 days a week, using its own hardware and software resources, without time limitations, ensuring an adequate quality service in compliance with applicable regulations and required professionalism, and according to the following modalities:
a) the project phase shall begin upon signature of the engagement proposal, with the Web Radio going online immediately;
b) editorial content shall be agreed from time to time between the Client and MoosBox, which, in compliance with publishing and copyright regulations, shall broadcast them on the Web Radio;
c) the Client may request MoosBox to modify, add, or remove commercial, informational, or musical content, by notifying MoosBox, which, as service provider, shall handle the change within the following 2 working days.

MoosBox is expressly released from any liability for malfunctions, inconveniences, and/or interruptions of services deriving from third-party providers, utilities, or force majeure events outside its control. The Client must adopt all necessary measures to correctly receive the contracted web radio streaming service (sufficient bandwidth, proper Wi-Fi, updated browsers and operating systems, and any other necessary tools), expressly holding MoosBox harmless from any liability, including liability resulting from improper use of the required tools. It is understood that MoosBox cannot in any case be held responsible for malfunctions attributable to internet connections, local networks, audio systems, or third-party devices, including but not limited to Sonos speakers, Raspberry devices, Barix decoders, Volumio systems, or Amazon Fire Stick (used for digital signage services), whose proper operation is guaranteed solely by their respective manufacturers. Similarly, MoosBox is not responsible for technical limitations arising from the Client’s infrastructure, nor does it guarantee future compatibility with software/hardware updates unilaterally decided by third-party manufacturers. MoosBox is not responsible for the future availability of APIs, SDKs, or proprietary software of third parties (such as, by way of example, Sonos, Volumio, Amazon, or other providers), which may unilaterally modify their platforms. Any new configurations required due to such modifications shall be subject to paid assistance.

In carrying out the activities under this contract, the parties may use consultants and/or collaborators, companies, etc., at their own exclusive expense, in compliance with this contract and subject to the prior written consent of both parties.

Such consultants and/or collaborators shall be subject to all obligations of the parties to this agreement, in particular the obligations of non-competition, confidentiality, security, and professionalism.

Notwithstanding the provisions herein, the parties agree that MoosBox shall have full, exclusive, and discretionary authority to use generative artificial intelligence services for the creation of the catalogue of works marked as MoosBox-AI through “AI platforms” of its free choice. The Client acknowledges and accepts such right of use by MoosBox, without limitation as to the scope of this clause.

Art. 5 – Trial

MoosBox undertakes to provide the Client with a free trial period of fourteen (14) days for the service, starting from the date of signing this contract and activation of the service.
The service shall allow the Client to fully use MoosBox products and services, within the limits of lawful use and technical testing, in accordance with their functions and for purposes related to the Client’s commercial, professional, or business activity, subject to obligations of diligence, confidentiality, and non-disclosure.
During the trial period, the Client may use the products and services offered by MoosBox free of charge, with full functionality. The Client shall use the Program and Service in compliance with MoosBox’s property and intellectual rights. During the trial period, the Client may use the products and services offered by MoosBox solely for internal technical and demonstrative purposes. The diffusion of music in premises open to the public or in any context of public performance is expressly prohibited, as the definitive license is not yet active at this stage. The public performance license and the related rights shall commence only upon the execution of the definitive contract and the activation of the subscription.
The Parties expressly acknowledge and agree that the products and Services are provided on a non-exclusive basis. This agreement does not prevent MoosBox from providing services of any kind, including identical or similar services, to third parties.
Limited to the trial period, the Client unilaterally releases MoosBox from liability arising from this contract during the entire trial period, expressly waiving any possible claim for damages.
At the end of the trial period, the parties may freely decide whether to continue with this contract, which shall then be deemed fully effective, valid, and in force in all its clauses, including the rights and obligations arising therefrom.
The free trial period of fourteen (14) days may be activated only once for each Customer, where “Customer” shall mean the natural or legal person holding the commercial activity, identified through VAT number / tax code and the other data provided at the time of registration. Any attempt to activate multiple free trial periods by creating multiple accounts, using different email addresses or other equivalent methods, shall be considered an improper use of the Service and may result in the automatic suspension of the account by MoosBox.

Art. 6 – Duration
The assignment to provide webcasting services shall always be understood as conferred for the time voluntarily chosen by the User at activation. Upon expiry, the Contract shall in any case be tacitly renewed for the same period of time unless terminated. The Client may deactivate the automatic renewal option at any time directly online or by written notice to MoosBox. In such case, deactivation shall take effect at the natural expiry of the current subscription period, without further obligations or penalties. The contract may be terminated by either party in accordance with the provisions of Articles 10 and 11 of this contract.

Art. 7 – Prices and Payment Methods

The purchase prices of the Services and Products by the Client and the payment methods are indicated in the “Quanto Costa” section of the website www.moosbox.com. Such prices may be modified by MoosBox, subject to prior notice to the Client by email or other equivalent means, at least 60 days in advance, and with reference to the possible future renewed contract, so as to guarantee the Client the right to exercise the option of termination under Articles 6.3 and 6.4.
The Client undertakes to pay for the supply of products and services punctually and exactly according to the methods agreed in the “Quanto Costa” section. Failure to comply with this condition authorizes MoosBox to suspend the provision of the service, notwithstanding Articles 12 and 13, with 72 hours’ prior written notice.
Payment for each supply shall be made according to one of the payment methods available in MoosBox’s account, at each due date following the activation of the contracted service (monthly or annual).

Art. 7-bis – Optional Services and Additional Modules
MoosBox may, at its discretion, make optional services and additional modules available (by way of example: integration with third-party audio diffusion systems, Text-to-Speech modules, Digital Signage, Sonos, or other accessory services). These optional services do not affect the validity of the main contract, may be activated separately by the Client, and are subject to dedicated economic conditions, according to the price list in force at the time of the request. The interruption, suspension, or termination of one or more optional services does not entail changes to the main contract, which shall remain valid and effective. The prices of optional services and extra modules may vary without giving rise to a right of withdrawal from the main contract.

Art. 8 – Obligations of MoosBox

MoosBox undertakes to provide the service within a maximum of 72 hours from the date of receipt of the order or the request for activation by the Client. If it is unable, for any reason, to meet the requested quantities, it shall notify the Client within 24 working hours of receipt of the order or service request.
For accessory services listed in the official “Quanto Costa” section of the website www.moosbox.com, once the client account is active, MoosBox undertakes to activate/load such service within a maximum of 48 working hours.

The products and services sold shall comply with applicable regulations in Spain, Italy, the European Union, and quality standards at least equal to those for domestic and European markets, respecting all legally imposed warranties. In all matters not expressly regulated by law or similar provisions, including case law, the Parties undertake to regulate their relationship contractually, in order to guarantee a service based on privacy, confidentiality, and good faith.
Should future laws or similar provisions, including rulings or resolutions, require modifications, adjustments, or even suspension of the service—including, but not limited to, the service relating to the MoosBox-AI catalogue generated through generative artificial intelligence—MoosBox shall have the right to unilaterally modify its terms and conditions, or, if necessary, to partially terminate the contract limited to said catalogue. The Client undertakes to accept such effects and modifications, with the obligation for both Parties, and especially MoosBox, to promptly agree on new operational methods, in their mutual interest.
MoosBox undertakes to always maintain valid and in force the transmission license necessary to provide web radio streaming services and the products and services indicated in the official “Quanto Costa” section of the website www.moosbox.com. In particular, MoosBox declares and guarantees that the use of generative artificial intelligence technologies employed for the creation of works included in the MoosBox-AI catalogue is lawful, legal, and does not infringe third-party rights, including but not limited to intellectual property rights, copyrights, and related rights.
MoosBox undertakes to maintain absolute confidentiality regarding any information arising from the commercial relationship with the Client, guaranteeing the protection of personal data in accordance with Regulation (EU) 2016/679 (the “GDPR”) and applicable data protection legislation (together with the GDPR, the “Privacy Legislation”).
MoosBox undertakes to ensure continuity and consistency in the provision of services and products contracted by the Client and listed in the official “Quanto Costa” section of the website www.moosbox.com. If this is not possible due to causes directly attributable to MoosBox, and under its direct control, MoosBox undertakes, after 48 working hours, to suspend invoicing proportionally to the days during which the Client was unable to use the service, in accordance with the terms of the Service Level Agreement (SLA), available upon Client’s request.

In the event of technical disruptions not attributable to MoosBox, it shall endeavor to restore the service as quickly as possible. In the case of absolute impossibility to restore the service beyond 24 hours, and for causes outside MoosBox’s control, no penalties or damages of any kind shall be applied against MoosBox, except as provided in point 5.

Regarding the provision of services relating to the MoosBox-AI catalogue, MoosBox declares that:
7.1. The catalogue known as MoosBox-AI constitutes an original work owned by MoosBox. The content has been generated through the use of artificial intelligence tools, based on prompts created by MoosBox and algorithms developed by third parties. Such prompts are the result of MoosBox’s ingenuity, know-how, and professional expertise, playing an essential and decisive role in the selection, definition, and direction of the results obtained. Therefore, the entire catalogue must be considered as an AI co-generated work, but fully attributable to MoosBox’s creative and professional domain, which holds all economic exploitation rights.
7.2. MoosBox is the full and legitimate owner of the products, services, works, platforms, and other elements of the MoosBox-AI catalogue, and has full authority to grant their use and exploitation under this Contract.
7.3. MoosBox, in processing prompts entered into AI providers for the creation of works and other products and services included in the MoosBox-AI catalogue, does not use personal or confidential data of the Client or third parties, nor data that may infringe third-party intellectual property rights, nor discriminatory, defamatory, or unlawful content. Prompts are created using public data, licensed data, client-provided data, and MoosBox’s own know-how.
7.4. MoosBox does not use, reproduce, or imitate, without authorization or license, the voice of any natural or legal person in the works and products included in the MoosBox-AI catalogue, and no vocal “deepfakes” are present in the products.
7.5. MoosBox has established policies for recording and controlling the prompts entered into the AI provider, recording the inputs, instructions, and outputs of each task, taking all possible measures to ensure maximum diligence regarding the data used.
7.6. MoosBox is not responsible for the use of personal or confidential information or for any other infringement committed directly or automatically by the generative AI technology used to create the works and products of the MoosBox-AI catalogue.
7.7. The Client indemnifies MoosBox against gross negligence or willful misconduct and for any liability arising under this contract. In any case, compensation shall not exceed the total amount actually paid by the Client in the twelve (12) months preceding the claim. This limitation applies not only to services relating to the MoosBox-AI catalogue, but to all services and products under this contract.

Art. 9 – Obligations of the Client

During the term of this contract, the Client undertakes not to interfere with, nor contact any MoosBox clients, for which MoosBox shall have full exclusivity. In this respect, the Client agrees not to compete with MoosBox in commercial relations between MoosBox and its clients. The Client also undertakes not to communicate directly with MoosBox’s technicians and direct suppliers, except with MoosBox’s express consent and authorization, and only in specific urgent technical cases that cannot otherwise be promptly resolved.
The Client undertakes to use and pay diligently for the services and products provided by MoosBox. In particular, the Client undertakes to act independently, with its own organization and at its own risk, as a business in the use of the services referred to in the “Quanto Costa” section.
The Client undertakes, for the entire duration of this contract, not to create, market, or organize the sale, directly and/or indirectly, of products and services directly competing with MoosBox’s Products and Services listed in the “Quanto Costa” section of the website, unless expressly authorized in writing by MoosBox.
The Client is strictly prohibited from tampering with, damaging, or altering in any way the services and products purchased and/or contracted, or parts thereof. In such cases, MoosBox shall be released from any liability and may also claim damages for harm to its commercial and professional reputation resulting from unauthorized modifications.
The Client is strictly prohibited from using MoosBox’s products and services covered by this contract and its annexes without obtaining the necessary licenses and authorizations indispensable for their lawful use.
The Client undertakes to comply with the regulations governing the subject matter of this contract and its annexes in the European and extra-European territory, maintaining valid all licenses and authorizations necessary for the use of the service and ensuring quality standards at least equal to those required for domestic market products.
The Client also undertakes to always maintain valid any legal and technical requirements necessary for the transmission and provision of the services and products referred to in the “Pricing” section.
In the event of termination of this contract and its annexes, a fundamental requirement shall be the actual cessation of the use of the musical repertoire (licensed or proprietary) provided by MoosBox by the Client.
The Client undertakes to maintain absolute confidentiality regarding information arising from the commercial relationship with MoosBox, guaranteeing full compliance with the GDPR (Regulation EU 2016/679) and applicable privacy legislation (collectively, the “Privacy Legislation”).

Art. 9-bis – Non-Payment and Suspension of the Service
Payments due are processed through the Stripe platform, which automatically attempts charges according to its procedures. In the event of unsuccessful payment, the service will automatically be suspended until payment is settled. In addition to the unpaid amount, the Client will be charged any handling fees applied by Stripe for the failed transaction, as well as late payment interest calculated in accordance with the law from the due date. Suspension of the service does not exempt the Client from the obligation to pay the amounts due, nor does it entitle them to reductions, refunds, or exceptions. MoosBox reserves the right to terminate the contract in case of repeated non-payment. The Client is responsible for keeping their payment details up to date; MoosBox shall not be liable for service disruptions resulting from expired cards, credit limits, or unilateral revocation of the payment method.

Art. 9-ter – Content Uploaded by the Client
The Client guarantees that they are the full owner of the rights of use and distribution of all content uploaded to the MoosBox platform (by way of example: advertisements, voice announcements, proprietary music tracks, or multimedia content in general). The Client undertakes not to upload materials that infringe copyrights, related rights, trademarks, trade secrets, or other third-party rights, nor content contrary to applicable laws or regulations.
MoosBox assumes no responsibility for content uploaded by the Client and is expressly held harmless and indemnified by the Client from any claims, damages, liabilities, costs, or expenses arising from third-party actions or claims related to such content. The Client acknowledges that they are solely responsible for the content, accuracy, and legal compliance of the advertisements and communications broadcast through MoosBox.

Art. 10 – Express Termination Clause

This Contract shall be automatically terminated, pursuant to and for the purposes of Article 1430 of the Spanish Civil Code, in the event of non-compliance by MoosBox with the obligations set out in Articles 6, 9, 11, and 14, or by the Client with the obligations set out in Articles 6, 8, 11, and 14. Failure to comply with these obligations results in the automatic termination of this contract by operation of law, without the need for formal notice, once the non-breaching party has, at its sole discretion, declared in writing its intention to invoke this express termination clause.
In particular, with reference to the services relating to the MoosBox-AI Catalogue, MoosBox shall have the right to unilaterally terminate or modify, partially or entirely, this contract with respect to the services indicated in the official “Quanto Costa” section of the website www.moosbox.com, if any European, national, regional, or local regulation enters into force governing such services and/or the creation of works through the use of generative artificial intelligence—including the business or commercial use of AI in the products or services under this Contract and related to MoosBox-AI—and such regulation inevitably requires modifications to the terms of supply or interruption of the service to avoid MoosBox’s non-compliance, pursuant to Clause 8.2, to which the Parties expressly refer.
In such case, the Client undertakes not to use, reproduce, or retain any material included in the MoosBox-AI catalogue, and assumes the obligation to entirely remove and/or modify any element related thereto that may constitute a violation of said regulation.
The right of the non-breaching party to claim compensation for damages remains unaffected.

Art. 11 – Withdrawal, Indemnity, and Waiver of Force Majeure

Each party has the right to withdraw from this contract for just cause, with immediate effect, by providing written and reasoned notice to the other party. In such case, all obligations accrued up to the date of termination remain valid, including any amounts due. The parties may also agree, on a voluntary basis, to a maximum notice period of 30 days in the event of an orderly termination of the service.
The Parties expressly declare that in the event of a future natural event, such as a national or international health emergency (in relation to governmental and/or legislative restrictive measures, including local measures, enacted to prevent its effects), such an event shall not be considered extraordinary and unforeseeable under Article 1105 of the Civil Code, nor an unforeseeable circumstance under Article 1124 of the Civil Code, nor a cause of force majeure under the combined provisions of said articles. Consequently, the Parties hereby irrevocably waive any related action, reason, and/or right.
The Client acknowledges and accepts that the Service is provided over the Internet, which is not controlled, even indirectly, by MoosBox, which does not guarantee constant monitoring of the performance and functionality of the network infrastructure, nor does it control the content of the information transmitted. MoosBox shall not be held liable for any illegal information or content transmitted by third parties or received for any reason within the scope of the Service.
The Client acknowledges and accepts that the Service is provided over an Internet network not controlled by MoosBox, which does not guarantee proper performance in the event of service interruptions, failures, damage to the network itself, or third-party systems connected to it, due to force majeure or causes outside its control. The Client expressly indemnifies MoosBox from any liability arising from such events and expressly waives any claim for damages against MoosBox.
MoosBox, in performing its assignment, shall not be held responsible for issues related to internet and/or intranet networks and audio systems (and related accessories), which remain the sole responsibility of the Client. The Client undertakes to ensure sufficient internet bandwidth, properly functioning equipment, and adequate audio systems for the correct functioning of the radio.
The Client expressly indemnifies MoosBox, which cannot in any way be held responsible for the performance and results of the service, or for the truthfulness of the content provided and transmitted. In particular, MoosBox shall not be held responsible for results related to sales of goods or services promoted through the dedicated Web Radio.
The Client is free to use the contracted services and products in its own or third-party stores, or in any other entity/company/private premises, even against fees, without MoosBox being in any way responsible for any reason or unlawful act committed. The Client is also free to sell advertising space (in compliance with publishing and copyright regulations) to be broadcast on the dedicated Web Radio or inserted in the related website, without MoosBox being in any way responsible.
The Parties expressly acknowledge and accept that the provisions of this article are essential and legally binding. Without them, the Parties would not have entered into this Contract, which shall otherwise be terminated automatically by operation of law.

Art. 12 – Prohibition of Assignment of the Contract
Assignment of this contract, in whole or in part, by the Client to third parties is strictly prohibited, under penalty of immediate annulment, unless specifically authorized in writing by MoosBox.

Art. 13 – Effects of Termination of the Contract

Upon termination of the contract, regardless of the reason for termination, the Client is required to return to MoosBox all illustrative material, advertising, and any other document, tool, file, or “know-how” in its possession that was made available by MoosBox. The Client must also immediately and effectively cease the use of works under international direct license, royalty-free, or AI, as well as any other equivalent operator legitimately used by MoosBox to provide the service.
The Client shall refrain from any conduct that may lead third parties to assume that it still operates using MoosBox services and products, or that may highlight to third parties the previous relationship with MoosBox.
Upon termination of the contractual relationship, the Client shall not be entitled to compensation, indemnity, or other remuneration deriving from the contractual relationship with MoosBox. The parties may exercise the right of withdrawal by giving written notice to the other party by means that ensure legal knowledge under the law and certify the date of receipt (e.g. registered letter with return receipt, courier, PEC), with at least ninety (90) days’ notice.

Art. 14 – Confidentiality

Any data covered by MoosBox’s business or commercial confidentiality, or any other confidential information communicated to the Client or, more generally, of which the Client becomes aware as a result of and/or in execution of this contract and its annexes, must not be used for purposes unrelated to the contract nor disclosed to third parties, even after the termination of the contractual relationship.
The Client also undertakes to take all necessary measures to ensure that this obligation is respected by its employees, collaborators, and anyone who, in any capacity, operates within its company/companies and may become aware of the confidential information, being liable for their violations as if they were its own.

Art. 15 – Expenses

All costs and charges incurred by the Client for the use of the contracted service shall be borne entirely and exclusively by the Client, including those relating to advertising, promotion, and management.
Any registration costs of this contract, if required, shall be borne by the party requesting it.

Art. 16 – Intellectual Property

The Client must use the Services in full compliance with MoosBox’s ownership, copyright, and intellectual property rights in general, and acknowledges MoosBox’s exclusive ownership of all materials, elements, and rights related to the products and services, including those contained in the MoosBox-AI catalogue.
This contract does not in any way or form transfer to the Client any ownership rights or similar rights over the broadcasting software, techniques, or “know-how,” as MoosBox is the sole and exclusive owner of the property rights, including intellectual property rights, moral rights, and economic exploitation rights, including reproduction, translation, adaptation, transformation, modification, and distribution under any form, without limitation, including the sale and rental of copies or modified/updated versions. Ownership of all object code and source code of the service covered by this contract and its annexes remains with MoosBox, as does ownership of all elements, components, applications, versions, developments, updates, and software connected or derived from the Program, which may be used by the Client or third parties through the Service. Confidentiality regarding MoosBox’s ownership of the rights related to services and products under this Contract also extends to rights relating to the MoosBox-AI catalogue, regardless of whether, at the time of signing this Contract, such rights are declared or contested. This confidentiality applies to both present and future rights, as provided by applicable law.
This contract does not grant the Client any definitive right or title over the service and products. Unless otherwise agreed in writing, the Client may not in any way dispose of them, license them, allow their processing, or otherwise transfer or make them available to third parties, for free or for consideration.
All techniques, “know-how,” algorithms, and processes necessary for the provision of the service covered by this contract, in its entirety and related documentation, constitute confidential information, the exclusive property of MoosBox.
All registered trademarks relating to the service and to MoosBox & Associati 1997 S.L. remain the exclusive property of MoosBox, without the Client acquiring any rights over them by signing this contract.
The Parties expressly acknowledge and accept that any intellectual property rights arising or deriving from the contractual relationship during the execution of the services and/or in connection with these General Terms and Conditions and the “Pricing” section of the website www.moosbox.com—including, but not limited to, any copyright over works, industrial property rights (registered or unregistered), elements, results, methodologies, know-how, processes, knowledge, formulas, models, software, source code, technical documentation, installation manuals, algorithms, complementary software, and similar—shall be the exclusive property of MoosBox, which shall retain every right of use, economic exploitation, and disposition (including commercial, promotional, internal strategy, informational, research, transfer, sale, and/or rental purposes).
With reference to the MoosBox-AI catalogue, these provisions are without prejudice to any active legal situations of AI service providers used or contracted by MoosBox for the provision of related services. MoosBox reserves the full right to select such providers and to determine the applicable terms and conditions for their services and products.
The Client undertakes to indemnify and hold MoosBox harmless from any damage or claim brought by third parties concerning alleged rights over Intellectual Property, as well as from any liability for damage or prejudice suffered by MoosBox due to the use of the products and/or software components described in this contract and in the “Quanto Costa” section of the website www.moosbox.com.
If MoosBox becomes aware of improper use of the Program or violation of the prohibitions set forth in this article, it may terminate this contract without notice, by written communication sent by registered mail with return receipt or certified email, while retaining the right to keep the amounts already received as partial compensation for damages, without prejudice to the right to claim further damages.

Art. 16-bis – Technical Support and Paid Services
MoosBox guarantees the Client a basic technical support service, included in the subscription, limited to the ordinary management of the platform, monitoring of streaming flows, and resolution of software or hardware malfunctions in the devices provided. Any additional, customized, or extra services—such as dedicated configurations, creation of custom moods, design of tailored schedules, support for producing audio ads, staff training, or advanced analysis and reporting—will be provided by MoosBox against an additional fee, according to the price list in force at the time of the request. Requests for paid assistance must be submitted exclusively through MoosBox’s official support channels and will be handled upon sending a quotation and the Client’s written acceptance. Unless otherwise indicated, paid support services will normally be provided within 5 (five) working days of order confirmation and payment, except in cases of particular complexity, which will be communicated to the Client. Activation begins only upon receipt of payment or any requested deposit. Paid support services will be invoiced separately and governed by the economic and payment conditions specified in the quotation. Failure to purchase paid support services does not affect the validity or effectiveness of the main MoosBox subscription contract.

Art. 16-ter – Timestamping and Watermarking
In order to ensure the traceability and legal protection of musical content, MoosBox may adopt timestamping systems and, for selected subsets of the catalogue, invisible watermarking techniques. Such systems serve as legal proof and constitute documentation enforceable against third parties regarding the ownership and lawfulness of the content provided. The Client acknowledges and accepts that records generated by the timestamping and watermarking systems used by MoosBox may be used as evidence in the event of disputes, inspections, or legal audits.

Art. 17 – Miscellaneous

This contract constitutes the full and complete expression of the agreements between the parties and entirely replaces any prior understanding, written or oral, between them. Any amendment to this contract must be made in writing and signed by both parties.
The possible nullity of one or more clauses of this contract shall not entail the nullity of the entire contract, unless the invalid clauses are deemed essential.
The Client declares to have received, read, and accepted the MoosBox LEGAL PROTOCOL, which forms an integral part of these General Conditions, and undertakes to fully comply with the operational procedures set out therein in the event of inspections or disputes. The LEGAL PROTOCOL is always available for review and download in the reserved area at my.moosbox.com → Documents.

Art. 18 – Governing Law and Dispute Resolution

For all matters not expressly provided for or regulated by this contract, reference shall be made to the provisions of the Spanish Civil Code, EU Regulation No. 593/2008, and EU Regulation No. 44/2001, as subsequently amended.
For matters not currently regulated but that may become the subject of future EU regulations, laws, or other legislative provisions—whether newly enacted or resulting from amendments to existing regulations—this Contract shall be automatically adapted to such provisions, taking into account the rules set forth in Clauses 8.2 and 11.2 concerning MoosBox’s rights of suspension, termination, and other prerogatives, or those generally attributed to the parties. The parties confirm their mutual commitment to handle such situations by mutual agreement, with particular reference to matters relating to generative artificial intelligence.
All disputes arising from this contract, including those concerning its existence, validity, termination, interpretation, performance, and resolution, shall first be submitted to a preliminary mediation attempt before the Mediation Service of the Barcelona Chamber of Commerce (Spain).
If mediation is unsuccessful, disputes shall be referred to the Court of Barcelona (Spain), in accordance with the European Rome and Brussels II regulations, which the parties expressly accept.

Art. 19 – Processing of Personal Data

The parties acknowledge that the performance of this contract may involve the processing of personal data and that such processing is subject to the application of EU Regulation No. 679/2016 (the “GDPR”) and applicable data protection legislation (together with the GDPR, the “Privacy Legislation”). For this purpose, MoosBox and the Client each declare, within their respective responsibilities, to have taken all necessary measures to comply with the Privacy Legislation and declare that all data processing activities carried out in connection with the performance of the contract shall be conducted in compliance with such legislation.
For the execution of this contract, the parties agree that they will process any personal data in the capacity of “Data Processor” as defined in Article 28 of the GDPR, and within the limits imposed by the Privacy Legislation, each for their own process segment or area of competence.
It is understood between the Parties that neither assumes any liability towards the other for violations of the Privacy Legislation committed by independent third-party controllers, except for the obligation of MoosBox and the Client, under this contract, to organize services in such a way as not to prevent active parties involved in personal data processing from complying with the Privacy Legislation through their own technical and organizational choices.
The parties mutually consent to the processing of their respective personal data, which they undertake to process in accordance with the principles and provisions of EU Regulation No. 679/2016.
The parties further undertake to strictly comply with the principles and provisions of the aforementioned law with regard to any other personal data, including that of third parties, collected, stored, communicated, disclosed, or otherwise processed in fulfillment of or in connection with this contract, guaranteeing in particular strict compliance with the provisions concerning security, consent, and information to the data subject.

Art. 20 – Consumer Protection
This contract applies exclusively to commercial and professional relationships (B2B). Therefore, European and national regulations on consumer protection (Directive 2011/83/EU and related rules) do not apply, as MoosBox services are not provided to subjects qualified as consumers.
Only in the event that the USER is a natural person acting solely for purposes unrelated to their professional activity, and may therefore be qualified as a consumer under Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the USER shall have the right to withdraw within 14 days from registration on the website, except where they have already started downloading content offered by MoosBox and according to the subscription procedure.
The signing of the contract by MoosBox may take place expressly or tacitly and, in any case, the activation of the requested service is subject to the insertion of a payment method in the appropriate box of this website. No damages or compensation of any kind may be claimed by the USER as a result of MoosBox’s failure to accept the subscription.
The Client accepts that, upon the start of the provision of the requested digital services, they lose the right of withdrawal.
In the event of withdrawal, the Client may also use the following withdrawal form with the required information:

To the attention of MoosBox (Newton & Associati 1997 SL)
I hereby inform you that I withdraw from my subscription to the following service: *******
Order date: *****
Client’s full name: ***
Client’s full address: ***
Date: ****

Art. 21 – Express Approval of Termination Clauses
By continuing to browse and access the website subject to these Terms and Conditions, the Parties specifically approve, pursuant to and for the purposes of Article 1430 of the Spanish Civil Code, the following clauses: Articles 8, 9, 9-bis, 9-ter, 16-bis, 16-ter, 10, 11, 18, and 20.