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GENERAL TERMS & CONDITIONS

Effective from December 17, 2020
(Previous version valid before December 17, 2020)

1. SCOPE OF APPLICATION / CONTACT DETAILS

These general terms and conditions (hereinafter referred to as "GTC") shall
apply to all contracts concluded between us, IDAGIO GmbH, Tempelhofer Ufer 17,
10963 Berlin, Germany, Telephone: +49 030 5770 443 0‬‬‬‬‬‬‬‬‬‬‬‬, e-mail:
contact@idagio.com (“we”, “us”), and you as our customer via our website
www.idagio.com and/or our mobile and/or desktop applications.

1.1. Divergent, contradictory or supplementary general terms and conditions of
yours shall become part of the contact only if expressly accepted in writing by
us. Our mere knowledge of your general terms and conditions shall not make them
part of the contract.

1.2. The most current version of the GTC valid when the contract is concluded
shall apply. You can access the GTC as occasionally amended on the IDAGIO
website under (http://about.idagio.com/terms) and on our mobile applications, at
any time.

1.3. Our contact details are:

IDAGIO GmbH
Tempelhofer Ufer 17
10963 Berlin
Germany
Telephone: +49 030 5770 443 0
E-mail: contact@idagio.com

Authorized representatives (managing directors): Till Janczukowicz & Christoph
Lange (business address: see above)

Commercial register B of the local court Charlottenburg, HRB 136456

2. SERVICES, APPROVED CUSTOMERS, DESTINATIONS AND ORDER QUANTITIES

2.1. We offer you services relating to enjoying our library of music, mainly
classical music. Our services enable you to listen to, and as part of certain
services also to watch, music that will be streamed via the Internet to your
device (“IDAGIO Services”). We offer the IDAGIO Services via our website(s),
mobile and desktop applications ("IDAGIO Applications").

2.2. When creating an IDAGIO account you will be informed about the different
IDAGIO Services which are available. You will also find a description of the
IDAGIO Services on our website. Some of these services are available free of
charge. In the following, such services will be referred to as “free Services”.
Other IDAGIO Services are subject to payment of a subscription fee. In the
following, such IDAGIO services will be referred to as “IDAGIO Subscriptions”.
As part of the IDAGIO Applications we may offer additional features (like the
possibility to follow other users, to create playlists, to get information about
works and artists and benefit from other related services "Additional
Features"). Any Additional Features are not part of the IDAGIO Services for
which you may pay. We reserve the right to change and modify the Additional
Features without giving notice within our reasonable discretion.

2.3. Through the IDAGIO Applications you may also be able to access audiovisual
offers. Insofar as you are not given access to such audiovisual offers as part
of your IDAGIO Subscription, you may be able to access these audiovisual offers
subject to you paying an individual fee for each of these offers individually.
Such individual audiovisual offers are either offered by IDAGIO, or by third
parties directly (“Third Party Offers”). You will find the information on who
provides the individual audiovisual offer in the description of each individual
offer. In the case of Third Party Offers the IDAGIO Applications only serve as a
platform giving you access to such Third Party Offers. Provider, content,
availability, individual pricing as well as the possibility to purchase access
can be found in the description of the respective audiovisual offer.

2.4. As part of the IDAGIO Services we are granting you the limited,
non-exclusive and revocable permission to use the IDAGIO Services and the
contents, which are accessible on the IDAGIO Services, for personal and
non-commercial purposes only. In the case of Third Party Offers the respective
provider grants you the limited, non-exclusive and revocable permission to use
the respective Third Party Offer for personal and non-commercial purposes only.
You are not allowed to distribute or assign the IDAGIO Services, Third Party
Offers and/or any contents provided therein to any third party. You will not
receive any physical copies or reproductions of the music accessible on the
IDAGIO Services and/or Third Party Offers. You do not acquire the right to
download the music or to access the music currently available on the IDAGIO
Applications for an unlimited period of time. IDAGIO, its licensors as well as
the providers of Third Party Offers remain the sole owners of the Services and
Offers, all copies of the IDAGIO Applications stored on your devices and all
contents, which can be accessed through the IDAGIO Applications, IDAGIO Services
and Third Party Offers, at all times.

2.5. We as well as the providers of Third Party Offers undertake reasonable
efforts to keep our services and the Third Party Offers ready for use. Technical
problems, however, may occur occasionally, which may lead to a temporary
interruption of our service. Irrespective of that, the availability of content
may depend on the country in which you are accessing our services. Some of the
content offered on the IDAGIO Applications may not be available in certain
countries. You agree and accept that we and/or the providers of Third Party
Offers are not granting you the right to and are not liable to offer the IDAGIO
Services and/or Third Party Offers without interruption (e.g. due to technical
reasons) and that we are not granting you the right to make use of and are not
liable to offer you any specific content as part of the IDAGIO Subscriptions.

2.6. You may use the IDAGIO Services and/or Third Party Offers only if you act
as a consumer.

2.7. You may use the IDAGIO Services and Third Party Offers only, if (i) you are
of legal age in your jurisdiction (i.e. 18 years or older in most countries), or
you are at least 12 years old and have the permission to use the IDAGIO Services
and/or Third Party Offers and enter into contracts with us or the providers of
Third Party Offers from your legal guardians (i.e. your parents in most cases),
(ii) you are entitled to enter into legally binding contracts with us and the
providers of Third Party Offers and (iii) are not prevented by applicable laws
from entering into such contracts and (iv) you are a resident in a country in
which the IDAGIO Services and the Third Party Offers are offered. You confirm
that the data provided by you creating an IDAGIO account and engaging the IDAGIO
Services and/or Third Party Offers are truthful, correct and complete and that
you will keep such data correct and up to date at any time.

2.8. We may limit your use of the IDAGIO Services and Third Party Offers to a
maximum of six devices (e.g. three computers and three mobile devices). We may
also limit your use of the IDAGIO Services and Third Party Offers so that you
will be able to use only one device for playback of music at the same time.

3. CONCLUSION OF CONTRACT AND INFORMATION ON CONTRACT CONCLUSION WITH IDAGIO
WITH REGARD TO IDAGIO SERVICES AS WELL AS WITH PROVIDERS OF THIRD PARTY OFFERS

3.1. The presentation and promotion of services in our websites, desktop and
mobile applications does not constitute a binding offer for the conclusion of a
contract.

3.2. In order to access the IDAGIO Services and/or Third Party Offers, you will
first have to create an IDAGIO account. After clicking on the button "Create
Account" you will be asked to enter personal information such as your name and
your e-mail address. You may then identify and correct input errors, if any,
prior to making your final binding offer. By clicking on the button "Create
Account" after you have entered your information, you submit a legally binding
offer.

3.3. After having created an IDAGIO account you will have the option to use the
free Services or to subscribe to the IDAGIO Subscriptions. You will find further
information about the IDAGIO Services on our website
(http://about.idagio.com/help/#premium). In order to subscribe to the IDAGIO
Services on our Website and Desktop Apps you will be asked to chose your payment
method and to enter your payment details. By clicking on the button to confirm
after you have entered your information you submit a legally binding offer. In
our mobile applications, after clicking the button to subscribe and subject to
your personal security settings, you may be asked to insert your personal key
(e.g. password, fingerprint, PIN code) of the relevant app store (e.g. Apple App
Store, Google Play Store). In a next step you will be asked to confirm your
subscription. By clicking on the respective button you submit a legally binding
offer.

3.4. A contract for the provision of services is not yet concluded by creating
an IDAGIO account and by the submission of your sign up as an IDAGIO subscriber.
We reserve the right to not accept the sign up, in particular, if the
registration information you have provided seems inconsistent. The contract
between us shall not be concluded until we grant you access to the IDAGIO
Services.

3.5. After having created an IDAGIO account you will furthermore have the option
to purchase individual audiovisual offers from IDAGIO and/or Third Party Offers.
You will find further information about individual audiovisual offers from
IDAGIO and Third Party Offers on our website
(http://about.idagio.com/help/#premium). In order to purchase such offers on our
Website and Desktop Apps you will be asked to choose your payment method and
enter your payment details. In the case of individual audiovisual offers from
IDAGIO, by clicking on the button to confirm after you have entered your
information you submit a legally binding offer to IDAGIO. In the case of Third
Party Offers, by clicking on the button to confirm after you have entered your
information you submit a legally binding offer to the respective third party
provider.

3.6. A contract for the provision of services is not yet concluded by creating
an IDAGIO account or by confirming the purchase of an individual audiovisual
offer from IDAGIO or a Third Party Offer. We as well as the providers of Third
Party Offers reserve the right to not accept the offer, in particular, if the
information you have provided seems inconsistent. The contract between us or the
provider of Third Party Offers shall not be concluded until we grant you access
to the respective services.

3.7. The contract will be concluded in English language.

3.8. The contract terms will be stored by us after conclusion of the contract
but are no longer accessible to you.

3.9. On occasion we, or others in our name, may make trial offers which allow
access to the IDAGIO Services at no cost for a certain period of time (“Trial
Periods“).
We reserve the right to determine the requirements for such Trial Periods at our
own discretion and to change such requirements and to end or withdraw such Trial
Periods at any time without prior notification and which shall not result in any
liability claims whatsoever as far as legally admissible.
In some cases, in order to make use of such Trial Periods, we ask you to provide
your payment details. At the end of such Trial Periods we are entitled to charge
the monthly subscription fee automatically from the first day after the end of
the Trial Period and every recurring month. By subscribing to a Trial Period you
agree to such subscription fees. By supplying your payment details when
subscribing to a Trial Period, you agree to the subscription fees and you
entitle us or the respective App Store to use such payment details for charging
the subscription fees. In the case that you do not wish to obtain a paid
subscription subject to subscription fees you are required to cancel your
subscription at least 24 hours prior to the end of the Trial Period in your
IDAGIO account settings. In the case that you have subscribed to the Trial
Period through an App Store (e.g. Apple App Store, Google Play) you will have to
cancel your subscription in your App Store account settings (e.g. Apple ID
Account) or in your IDAGIO account settings, at least 24 hours prior to the end
of the current subscription period. Subscriptions which are subject to payments
can be cancelled at least 24 hours prior to the end of the then current period
of the subscription in the same manner. IDAGIO will not reimburse any fees which
you may have paid unless otherwise expressly specified in these General Terms
and Conditions. Your right of withdrawal will remain unaffected.

4. CHANGES OF THESE GENERAL TERMS AND CONDITIONS

4.1. Modifications to these GTC may become necessary, for example when we
implement new technologies, introduce new services and/or the legal framework or
its interpretation changes.

From time to time we may make editorial modifications to these GTC, which do not
have an impact on your contractual relationship with IDAGIO. Such editorial
modifications may include corrections of typing errors or updates of contact
details which form part of the agreement.

4.2. In the case that we make modifications to these GTC, which would affect
your contractual relationship with IDAGIO, we will inform you explicitly of the
modifications through a conspicuous notification within the IDAGIO Services or
by sending an email or other communication in text form to the contact details
you have provided. Such notification will contain a reference to your right to
object to the modifications, as well as a reference to the consequences of your
objection. Please read such notifications carefully.

In case you do not wish to continue using our services under the new GTC, you
can terminate the agreement by sending us a message in text form (e.g. via
e-mail: contact@idagio.com or letter). We will set a reasonable period of time
during which you may object to the changes and will inform you about the
consequences of such objection.

If we do not hear from you within such time, your consent to the changes will be
deemed given. We will inform you of the above described consequences of you not
responding to our proposal within such communication.

5. LICENSE

5.1. The software we provide to you (including the IDAGIO Applications) is
licensed to you on the basis of a limited, non-exclusive, revocable license.

5.2. The content provided to you through the IDAGIO Services and IDAGIO
Applications may be copyrighted works and we grant you a limited, non-exclusive,
revocable license to reproduce the content only by using the IDAGIO Services and
IDAGIO Applications for your personal, non-commercial use.
Also the content provided to you through Third Party Offers may be copyrighted
works and the respective provider grants you a limited, non-exclusive, revocable
permission to replay the content only by using the respective Third Party Offer
for your personal, non-commercial use.

5.3 You are not entitled to copy, transfer, rip, record or to make any other
physical or non-physical use of the software and the content provided by us
and/or providers of Third Party Offers in any manner unless explicitly permitted
herein. You are not entitled to forward your password to any third party or to
allow any third party to use your account and password. Furthermore, you are not
entitled to circumvent any geographical limitation implemented by us.

5.4 All software and content provided to you as well as all trademarks, logos
and names remain in our sole property, the property of our licensors and the
property of the providers of Third Party Offers at any time, including any
copies which may have been installed on any of your devices.

6. THIRD PARTY APPLICATIONS

Our services may be integrated into third party websites, applications and
services. Such third parties may impose their own terms and conditions and
privacy policy. You accept and confirm that we are not liable for any conduct,
service or content of any third party in connection with the use of their
websites, applications or services.

7. USER GENERATED CONTENT

7.1. When using the IDAGIO Services, IDAGIO Applications and Third Party Offers,
you may have the possibility to provide content to us, including pictures,
photographs, text, music, playlist compilations and/or other works that may or
may not be subject to copyrights (“User Generated Content”). You grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
all User Generated Content you provide to the IDAGIO Applications, allowing us
to reproduce, distribute, recite, perform, present, make available publicly
and/or broadcast the User Generated Content. This license terminates when your
IDAGIO account is deleted. However, if you have shared User Generated Content
with others or made it publicly available through the IDAGIO Services, the
IDAGIO Applications and/or Third Party Offers the license is valid for an
indefinite period of time.

7.2. We may remove User Generated Content from the IDAGIO Services, the IDAGIO
Applications and Third Party Offers or block access to it if it violates any
applicable law or third party rights or is not suitable for minors in the course
of modifying and improving the IDAGIO Services and the IDAGIO Applications
and/or in our reasonable discretion. You will indemnify and hold us harmless
from any third party claim arising from a breach of any representation,
warranty, covenant or obligation hereunder, including any legal costs in
connection with your User Generated Content. This does not apply in case of your
inadvertent infringement.

7.3. You hereby grant, warrant and represent that you hold all rights in such
User Generated Content which are necessary for the grant of rights under this
agreement, that no obligations towards any other party prevent you from
concluding and fulfilling this agreement and that the User Generated Content
does not infringe any third party rights or any applicable law.

7.4. We as well as the providers of Third Party Offers are not obligated to
monitor User Generated Content for infringements of third party rights and we as
well as the providers of Third Party Offers do not endorse any opinion included
in User Generated Content. If you believe that User Generated Content infringes
your rights, the rights of a third party or applicable law, please contact us
via any of the contact methods listed in clause 1.3 above. We will investigate
any complaint without undue delay.

8. TERM AND TERMINATION

8.1. You can subscribe to the IDAGIO Subscriptions on a monthly basis starting
upon payment of the monthly subscription fee. The contract shall renew on a
monthly basis at the end of your then current month of subscription. The monthly
subscription fee shall be due at the beginning of each month of your
subscription. Alternatively, you can subscribe to the IDAGIO Subscriptions on a
longer-term basis starting upon payment of the respective subscription fee. This
contract shall renew on the same longer-term basis at the end of your then
current period of subscription. The longer-term subscription fee shall be due at
the beginning of each such longer term of your subscription. In case you have
subscribed to an IDAGIO Subscription by way of a voucher code your IDAGIO
Subscription terminates automatically at the end of the term specified as part
of the voucher code.
You can terminate the contract for your IDAGIO Subscription at the end of each
subscription period, but at least 24 hours prior to the end of your then current
period of your IDAGIO Subscription, in your IDAGIO account settings or, in the
case that you have subscribed through an App Store (e.g. Apple App Store, Google
Play), in your App Store account settings (e.g. Apple ID Account). In the case
that you have subscribed through the Apple App Store, you can terminate the
contract in your Apple ID Account settings only. IDAGIO can terminate the
contract with you at the end of each period of your IDAGIO Subscription, but at
least 24 hours prior to the end of your then current subscription period. IDAGIO
will not reimburse any fees which you may have paid unless otherwise expressly
specified in these General Terms and Conditions. Your right of withdrawal will
remain unaffected.

8.2. Agreements with providers of Third Party Offers terminate with the end of
the availability of the respective Third Party Offer as specified in the
description of such Third Party Offer.

8.3. Each party reserves the right to terminate an agreement closed pursuant to
these General Terms & Conditions with immediate effect for good cause. We as
well as the providers of Third Party Offers respectively reserve the right to
terminate or disable an agreement closed pursuant to these General Terms &
Conditions with immediate effect for legitimate reasons respecting your
legitimate interests at any time, including in cases of unauthorised use of the
IDAGIO Software and/or the IDAGIO services and/or Third Party Offers or in the
case of non-compliance with this agreement.
For cases in which you, the providers of Third Party Offers or IDAGIO terminate
these General Terms & Conditions or in case we block your access to IDAGIO
Services, the IDAGIO Applications and/or Third Party Offers you declare your
consent that IDAGIO’s liability and the liability of the providers of Third
Party Offers shall be limited to such liability as specified in section 11.

8.4. Each notice of termination pursuant to 8.3 must be sent in text form (e.g.
via e-mail, fax or letter).

8.5. We reserve the right to block your access to IDAGIO Services, IDAGIO
Applications and Third Party Offers if we have reason to believe that you have
severely breached this agreement and only for a reasonable period of time
necessary to investigate such alleged breach.

9. RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL

If you are a consumer, you shall be entitled to withdraw from this contract
within fourteen (14) days without giving any reason for doing so.

The deadline for withdrawal shall be fourteen (14) days from the date on which
this contract has been concluded.

In order to exercise the statutory right of withdrawal, you must notify us
(IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, e-mail:
contact@idagio.com) of your decision to withdraw from this contract in a clear
declaration (e.g. by sending us a letter by mail, fax or e-mail). You may use
the withdrawal form template attached for this purpose; however, this is not
obligatory. The withdrawal deadline shall be deemed to be met if you send the
communication concerning the exercise of the right of withdrawal before the
expiry of the deadline.

CONSEQUENCES OF WITHDRAWAL

If you withdraw from this contract, we must reimburse any payments we have
received from you, including delivery costs (excluding any additional costs
incurred if you have selected a different type of delivery to the cheapest
standard delivery option offered by us) without delay, but no later than
fourteen (14) days after the day on which we receive the notice of your
withdrawal from this contract. We will use the same payment method you used for
the original transaction in order to provide the reimbursement, unless otherwise
expressly agreed; under no circumstances will you be charged a fee for this
refund.

In the case of a contract, the subject matter of which is the delivery of
digital contents other than on a physical carrier, you may lose your right to
withdrawal if:

The performance of the contract has begun with your express consent prior to the
end of the withdrawal period, and Your acknowledgment that you thereby lose your
right of withdrawal.

To make use of your right of withdrawal you may use the following,
non-obligatory withdrawal form template:

WITHDRAWAL FORM TEMPLATE

(If you wish to withdraw from the contract complete and return this form)

To IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany
– I/We(*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the following goods (*) / provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only when sent by message on paper)
Date

(*) Delete as applicable

End of revocation instruction

10. DEFECTS OF QUALITY AND TITLE

In the event of any defects of quality or title, you are entitled to all rights
pursuant to the provisions of statutory law, save that the limitation of
liability below remains unaffected.

11. LIABILITY

11.1. Our liability for damages caused by slight negligence, irrespective of its
legal ground, shall be limited as follows:

(i) We or the providers of Third Party Offers shall be liable up to the amount
of the foreseeable damages typical for the respective type of contract due to a
breach of material contractual obligations;
(ii) We or the providers of Third Party Offers shall not be liable due to a
slightly negligent breach of any other duty of care applicable.

11.2. The preceding limitations of liability shall not apply for losses arising
from death, injury to body and health, for damages after the acceptance of a
guarantee for the condition of a product and for defects intentionally
misrepresented by silence. The liability under the Product Liability Act
(Produkthaftungsgesetz) shall remain unaffected. To the extent that the
liability of IDAGIO or the respective provider of Third Party Offers is excluded
or limited, this also applies to the personal liability of employees,
representatives, assistants and other auxiliary persons.

11.3. Clauses 13.1. and 13.2. shall apply accordingly to our liability for
futile expenses.

12. CODES OF CONDUCT

We comply with our privacy policy that you can access at any time on
http://www.idagio.com/privacy.

Furthermore, we comply with our cookie policy that is available on
http://www.idagio.com/cookie-policy

13. CUSTOMER SERVICE / SUPPORT

If you have any questions, comments or complaints, as well as other
notifications regarding your order or subscription, please send them to us by
letter, fax, telephone or e-mail using the contact details specified above in
clause 1.3.

14. NOTICES

You may send any notice in connection with this agreement to the contact details
set out in clause 1.3 above. We will send any notice in connection with this
agreement to one of the contact details you provided in your user profile. You
are obligated to update your user profile, in particular your email address,
whenever any of your contact details have changed.

15. FULL CONTRACT AND SEVERABILITY CLAUSE

15.1 With the exception of all explicit agreements in writing between you and us
and/or between you and the respective provider of Third Party Offers
respectively, these GTC set forth the entire terms and conditions between you
and us and/or between you and the respective provider of Third Party Offers
respectively with respect to the subject matter hereof, merge all prior
discussions between you and us and/or between you and the respective provider of
Third Party Offers respectively and supersede all existing agreements among them
concerning the subject matter of the agreement.

15.2 In the event any portion of the agreement may be determined by any
governmental body or court of competent jurisdiction to be unenforceable, the
balance of the agreement shall be severed therefrom and remains in full force
and effect unless a failure of consideration would thereby result.

16. APPLICABLE LAW AND PLACE OF JURISDICTION

German law shall apply with the exception of the United Nations Convention on
Contracts for the International Sale of Goods. If you are a merchant, a legal
entity under public law, or special assets (Sondervermoegen) under public law,
exclusive place of jurisdiction for any and all disputes arising from or in
connection with this agreement shall be Charlottenburg, Berlin, Germany. This
shall also apply if you do not have a general place of jurisdiction in Germany
or if you relocate your place of residence or habitual place of abode to a
location outside Germany or in case your place of residence or habitual place of
abode is not known at the time the proceedings are brought in the courts.
Arbitration proceedings shall be excluded.

Version: December 13, 2020

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