Terms of Use and Service Agreement for the Crystal Missions Applications

I. Introduction

  1. These Terms of Use and Service Agreement (“Terms”) constitute an agreement for the provision of services by electronic means by the Provider to individual end user (“User”). It is concluded when the User accepts this Terms by electronic means when installing one of Provider´s Applications.
  2. The content of these Terms applies to Users using (i) one or more of the Provider´s Applications as set forth Section XIII (6) hereof that Provider makes available for download to mobile phones, tablets, wearables and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis (“App” or “Apps”) and/or (ii) Provider´s websites, including dailytunes.online (“Websites”), if applicable. These Terms might be found at: https://crystalmissions.com/terms.

II. Provider

  1. The provider is a Slovak company Crystal Missions, s. r. o., with its registered office at Karola Salvu 1985/9, 034 01 Ružomberok, Slovak Republic, Identification Number: 52 919 871, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No.: 74039/L (“Provider”).
  2. The Provider can be contacted via email: info@crystalmissions.com.
  3. Apps, Websites and services related to them (“Services”) are provided and maintained by the Provider.

III. Users

  1. Apps can be used by individual Users who have installed the App to its electronic device. By installing App User confirms that they have read, understood, and agree to this Terms. If the User does not agree, they should uninstall the App and/or not to use the Services. To request a copy of the Terms, the User may send an email to info@crystalmissions.com.
  2. User confirms that they understand this material points (specified in greater detail herein below):
    • the App may be used by the User only as set forth in these Terms;
    • the use of the App may be subject to, or trigger separate third party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are sole responsibility of the User;
    • Provider processes information about usage of Apps in accordance with Provider´s Privacy Policy (“Privacy Policy”); and
    • if the User is using the App on an iOS-based device, then the User agrees to and acknowledges the notice regarding Apple in Section X / 3 below. AppStore means the electronic distribution platform operated by Apple Inc., through which it is possible to obtain, download, and install applications for devices running iOS, iPadOS, watchOS, or macOS, including the Apps.

IV. Scope of App and Services

  1. The App is designed for mobile devices with the Android system, iOS-based system or HarmonyOS. The App can be downloaded from the Google Play store, AppGallery Store (Huawei Device Co. Ltd) and/or AppStore as official sellers and suppliers. The Provider is not responsible for the operation of App downloaded and installed from sources other than those indicated.
  2. Users of the App gain access to Services - search engine and specialized internet browser service with a built-in, expanded audio content player, which enables, among others, convenient browsing of websites and listening to internet radio publicly available on the internet and podcasts.
  3. The App and/or Services are directed at individual users, exclusively for personal and non-commercial use.
  4. The App allows browsing websites and playing publicly available content including radio stations and podcasts, to which public URL addresses available in the App lead. The App allows User to reach content publicly available on the internet and add their URLs to the favourites list. The User has the ability to independently enter an internet URL address (similar to other internet browsers) and then display the content of the website and listen to audio content available at the entered URL address. The current website address is displayed after clicking the icon “i” in the manu of the App. The App does not index URL addresses that have safeguards preventing content playback directly from a specific URL address (e.g. security in the form of a temporary access key).
  5. Playing audio content in the App, including internet radio stations publicly available on the internet at specific URL addresses, takes place through a direct connection between the user's device and the servers (services) used by the content owners, so the Provider in no case changes the content available at specific URL addresses. The owners of the respective URL addresses are responsible for all intellectual property rights to the content contained at the URL addresses; thus, the Provider is not responsible for the legality of content available at public URL addresses.
  6. The App does not guarantee the possibility of browsing and listening to all content to which publicly available URL addresses direct.
  7. In these Terms third-party content shall mean any and all information, data, materials, texts, graphics, images, sound recordings, musical works, audiovisual works, software components, website links, services, or other digital content that is created, owned, or operated by third parties other than the Provider, and to which the User may gain access through the App or the Service, which may be protected by the intellectual property rights of such third parties.
  8. The App provides User with additional functions:
    • Favourites list;
    • Radio Alarms (Android only);
    • Sleep Timer;
    • Information about the radio station (if any) – name, description, genres, logo, website address, stream address, links to social media pages, rating (by listening time);
    • Own streams (ability to add custom streams and listen to them as other radio stations);
    • Browsing and listening history;
    • Equalizer;
    • Amended widget;
    • Connectivity (Android Auto, Google Cast, Apple CarPlay);
    • Colour themes;
    • Advertisement free App,

    (“Auxiliary” or “Auxiliaries”). Some Pro versions of the Apps might include some or all of the Auxiliaries. The Provider reserves the right to suspend or terminate the provision of any Auxiliary.

  9. Some of the Auxiliaries are available for User subject to payment of the applicable fee in or through the respective application store and the respective the User´s account at the time of purchase confirmation; thus, the Provider is not a payment operator and does not accept direct payments from the Users for any Auxiliary. The amount of the respective fee is set forth in respective application store.
  10. Payment of the fee for the selected Auxiliary enables usage of the that selected Auxiliary for
    • indefinite time (no subscription), or
    • definite time selected by the User (“Subscription” and/or “Subscription Period”).
  11. Payment of the fee for the selected Auxiliary enables usage only of that one selected Auxiliary; if the User wishes to use more Auxiliaries they might be subject to payment of several applicable fees.
  12. The Provider may provide for some Apps a premium version including all of the Auxiliaries (Section IV (8) hereof) (“Premium”), if available in the respective application stores.
  13. Provisions of these Terms on Premium, Subscription and/or Subscription Period should apply only if Premium version and/or Subscription is available for the respective App.
  14. The Subscription is automatically renewed for the next billing period, unless the User cancels it at least 24 hours before the end of the current billing period.
  15. The Provider reserves the right to modify the Terms and features included in the App, change the fees of the Auxiliaries, including organizing special promotional campaigns reducing their fees.
  16. The User is not entitled to a refund of the fee for the Auxiliary in accordance and in the light of Article 11(5) EU Digital Content Directive (Directive (EU) 2019/770).
  17. Payment of the fee for any Auxiliary do not exempt from paying local public broadcasting fees, if such requirements are set by the law in the User's country.

V. Copyright and other related rights

  1. The App does not transmit, broadcast, rebroadcast, retransmit, distribute or store any audio content. The App is not a hosting service and does not store any audio or video files.
  2. The Provider has no technical and legal possibilities to verify or resolve who owns the copyright to the content available at publicly available internet addresses. It is forbidden to use any App and/or Services to infringe copyright. Only content publicly available on the internet at specific URL (including audio) is displayed and played in the App.
  3. The Provider does not monitor, control, approve, exercise any editorial or programming control over content available at public URL addresses belonging to third parties (“URL Owner”). The Provider is not responsible for third-party content, in particular for presenting content prohibited by law. The Provider in no way promotes or supports content at specific URL addresses belonging to third parties, mostly URL Owners. Thus, third parties, i.e. the URL Owners, are responsible for any violations of copyright, industrial property rights and personal rights.
  4. The User acknowledges and accepts that all information, data, content, including audio content, graphic elements and video are the responsibility of their owners. The User acknowledges and agrees that the Provider is not responsible for the availability of external websites or resources and does not endorse the advertisements, products or other materials available through such websites or in such resources.
  5. The User acknowledges and agrees that the Provider is not responsible for losses or damages that the User may incur in connection with the availability of external websites or resources, or in connection with relying on the completeness, accuracy of information or the existence of any advertisement, products or other materials on such websites or in such resources
  6. As the Provider does not tolerate any form of law violation, the User has the possibility to report any case of law violation, including the presentation of prohibited content described under the Digital Services Act (DSA) and intellectual property law by contacting us at the email address info@crystalmissions.com.
  7. If the Provider is notified that any content available via the App violates the law, including copyright, the Provider may remove the respective addresses from the App or take other steps it deems appropriate, without prior notice.
  8. If the Provider is notified by the URL Owners at info@crystalmissions.com that they wish to remove their URL address / URL addresses, the Provider will remove the respective addresses from the App or take other steps it deems appropriate, as soon as possible.

VI. Other content — advertising

  1. In App advertisements for goods and services of entities not related to the Provider may be displayed – the Provider does not represent these entities in any way. The advertisements allow the Services to be free of charge for the Users and to develop Services with higher quality and better operation on various devices and different system versions.
  2. The Provider the law regarding content that cannot be promoted and advertised, thus, the Provider cooperates only with partners who deliver advertisements while caring for and complying with the law regarding the content presented in advertisements.
  3. Displaying advertisements in App takes place based on cooperation with external partners including Google.
  4. The following advertisement particularly is prohibited:
    • sexual content, inappropriate or offensive content;
    • products or services enabling dishonest conduct;
    • counterfeits of products,
    • dangerous products or services including recreational drugs, their substances and accessories; promoting alcohol and/or gambling;
    • weapons, their substances and accessories; instructions for manufacturing explosives or other harmful products;
    • products or services violating copyright or industrial rights.
  5. The User may opt for a version of App without displaying the advertisements as its Auxiliary (Section IV (8) hereof).
  6. The Provider has no influence on the content of audio advertisements that the User may hear before or during listening to some radio stations (they come from broadcasters, not from the Provider).

VII. Provision of Services

  1. Under this agreement, the Provider grants Users only the right to use App for the purpose of searching and playing content, including audio content for private (non-commercial) use. It is forbidden to duplicate, distribute, publicly share and decompile software that is part of the App.
  2. The App shall not be used by the User in any way for commercial activity or commercial purposes. The User is responsible for all forms of App use related to playing audio content that go beyond ordinary playback.
  3. All further rights to elements and content of App are reserved and require a separate license from the Provider and / or other holders of these rights.
  4. The User may use the App after its installation without necessity to create an account in the App and it does not limit the main functions of the App — access to the publicly available content, including audio content.
  5. The User does not have to register with a new user account specific for the Provider´s Apps; User is using just their user account used in their application store.
  6. The agreement for the use of App based on this Terms is concluded for an indefinite period.
  7. The User may terminate the agreement for the use of App at any time by ceasing to use App.
  8. The Provider has the right to terminate the agreement at any time without giving a reason.
  9. The User acknowledges and agrees that the only remedy in case of problems or dissatisfaction with App will be uninstalling the App and ceasing to use the tools made available as part of App.
  10. The Provider reserves the right to modify features included in the App, change their prices, including organizing special promotional campaigns reducing its fees.
  11. The Subscription is automatically renewed for the next billing period, unless the User cancels it at least 24 hours before the end of the current billing period.
  12. The Provider will notify Users on change of Terms and in advance of any change in Subscription fees to give the User the opportunity to cancel the Subscription before such a change takes effect. Continued use of App after the Terms changes take effect means consent to those changes. More details on change of Terms are set out in Section XII below.
  13. After cancelling the Subscription, the User retains access to Auxiliary features until the end of the paid billing period. After its expiry, access to Auxiliary features will be automatically blocked, and the App will be available only in the basic version.
  14. Subscription fees are charged automatically using the User´s account at Google Play / AppStore at the time of purchase confirmation, and then cyclically in each subsequent Subscription Period. The Provider is not a payment operator and does not accept direct payments from the Users for the Subscription.
  15. The Provider reserves the right to suspend or terminate the provision of the Premium access if the payment is not made at all or not on time.
  16. The Premium may be offered with a free trial period. After the trial period ends, if the User does not cancel the Subscription, a fee will be automatically charged according to the current fee list.
  17. The User is not entitled to a refund of the fee for the started time of Subscription Period of Premium in accordance and in the light of Article 11(5) EU Digital Content Directive (Directive (EU) 2019/770.
  18. Premium subscription fees do not exempt from paying local public broadcasting fees, if such requirements are set by the law in the User's country.
  19. The agreement for the use of Premium is concluded for an indefinite period as of first payment done by the User and it may be terminated at any time by using the procedure “Cancel subscription” in the User's account in the respective application store.
  20. Fees for Premium are a valid form of support provided by Users for the maintenance and development of the Apps.

VIII. Other conditions and requirements for using the Apps and Services

  1. To use the App, it is required to have a device with the Android system / iOS-based system with access to the internet.
  2. The quality of services provided in App may depend on the parameters of internet connections, their quality and the configuration of end devices used by the User.
  3. The User undertakes to use all information and content obtained during the use of App in good faith and will refrain from using it in order to harm third parties.
  4. The User acknowledges and agrees that following actions are prohibited while using App:
    • copying, redistributing, duplicating, copying to hard drive, recording, transmitting, public playback or broadcasting of any fragment of content, including audio content obtained while using App;
    • using App to import or copy any local files that the User does not have the right to import or copy in such a way;
    • using App for publicly broadcasting audio content or it spread in a way prohibited by law;
    • bypassing or blocking advertisements;
    • using Provider´s IT systems to commit a prohibited act;
    • improperly using procedures established for the purpose of reporting claims, including by sending unfounded and untrue information;
    • using App to display or listen to audio content for purposes other than personal or non-commercial.
  5. The User grants permission to automatically update software on their device when a new version of App or its feature is available, depending on the device settings.
  6. The Provider provides a personal, worldwide, free, non-transferable and non-exclusive license to use the software provided as part of the App. This license is intended solely to enable Users to use the App in a manner consistent with these Terms. The User may not copy, modify, distribute, sell or lease any part of App software, nor may they reverse engineer or attempt to extract its source code. The App software may contain features that may use integration with third-party services, which are subject to their own terms or privacy policies, and the Provider is not responsible for them.
  7. The Provider may, at its sole discretion without notice and at any time, modify, add or remove content and features as part of any App and may terminate or cease support for any version of the App.
  8. The Provider also reserves the right to cease providing some or all of the features of any App, at any time and at its sole discretion, including providing software updates and support. In the event of termination or cessation of providing any App and/or any Services, refunds are not available.

IX. Complaint procedure

  1. The Provider uses its best effort to act with due diligence and using all the available skills for providing of Services in App. Bearing in mind the technological and legal complexity of the matter in which the App and Services operate, the Provider is aware that the Services will not completely meet the expectations of all Users. Thus, in connection to App and Services, the User has a right to submit a complaint in matters related to the functioning of App and Services.
  2. Complaints should be submitted electronically to the address: info@crystalmissions.com. The Provider will consider the complaint usually within 14 days, but not later than 30 days, from the date of its receipt. The response to the complaint will be sent to the email address provided by the User in the complaint.
  3. The Provider may ask the User who provided complaint on more details or further explanation; this time of providing explanations by the User may extends the period of complaint recognition.
  4. The Provider informs the User who is a consumer that they are not entitled to withdraw from the agreement based on this Terms if the Provider has already fully performed the service with the express consent of the consumer. In relation to Users who are entrepreneurs, liability under the warranty is excluded.
  5. The Provider uses User´s email address, their name, surname and/or other personal date mentioned in their complaint only for considering and dealing with the complaint in the line with the respective provisions of General Data Protection Regulation (Regulation (EU) 2016/679).

X. Limitations of liability

  1. The User undertakes to release the Provider from all claims of third parties that are put forward against the Provider in connection with the violation of third-party rights by the User. This also includes reasonable costs of legal representation. Further legal claims of the Provider remain unaffected
  2. To the extent permitted by applicable law, the Provider is not liable for:
    • any losses or damages resulting from any modifications, suspension or cessation of providing any App and/or Services;
    • any losses or damages resulting from the Provider´s breach of the agreement based on these Terms, which could not have been foreseen when concluding the agreement;
    • losses and damages incurred by the User as a result of changes that may be introduced to any App, temporary or permanent cessation of Services, or resignation from functions of any App;
    • problems in accessing App resulting from, among others, lack of access to the internet, other problems, errors, network failures, or problems, errors on the side of the network provider's infrastructure, telecommunication, electronic, or computer or other electronic device problems, and limitations in using Services caused by infrastructure overloads or similar errors and problems.
  3. This Section X (3) only applies to the extent the User is using App on an iOS device. The User in such case acknowledges that these Terms are between the User and the Provider only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple has no warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by the User or any third party relating to the App and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the App or use of the App infringes that third-party’s intellectual property rights. The User agrees to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement based on these Terms and upon the acceptance of these Terms by the User.

XI. Privacy, user data

  1. The Provider undertakes that during the processing of personal data in connection with the using of any App or the provision of Services, as well as after their completion, it will comply with the relevant and applicable provisions in the field of personal data protection, including in accordance with the General Data Protection Regulation (Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC GDPR).
  2. In this regard, the Provider is bound by provisions of Provider´s Privacy Policy with rules for processing data and protecting Users' privacy when using any App or Services.
  3. The Provider hereby informs the User that while using any App or Services, cookies may be saved on Users' devices. Additionally, other technologies necessary for the proper provision of services may be used. In particular, they may serve to adapt content to the user's interests. More information on this topic can be found in Provider´s Privacy Policy available at Provider´s website www.crystalmissions.com.

XII. Change of Terms

  1. The Provider may modify these Terms to reflect changes in any App or any related Services, in the event of changes in legal, regulatory or security regulations. The Provider will notify Users, where possible in advance, on amendment to these Terms.
  2. Changes regarding new features of the App or Services or introduced for legal reasons take effect immediately.
  3. When introducing significant changes to these terms, the Provider will notify User, e.g. by displaying a clearly visible information in the App or by sending an email message.
  4. All changes to the Terms become effective at the time of their publication.
  5. After the information about changes in the Terms appears, the User is obliged to immediately read the changes.
  6. If the User does not accept the modified Terms, the User should stop using App and/or Services and/or uninstall the App, when appropriate.
  7. If the User continues to use App and/or Services after being notified of changes to these Terms, the Provider will treat that as an acceptance of the new content of the Terms by the User.

XIII. Other provisions

  1. If any of the provisions of these Terms is invalid, the invalid provision will be replaced by a provision that comes closest to the intended legal purpose of the invalid provision.
  2. Courts in Slovakia have exclusive jurisdiction to resolve any disputes that may arise from these Terms or in connection with them.
  3. These Terms are subject to and will be interpreted in accordance with Slovak law, excluding conflict of laws rules.
  4. If the User does not comply with the provisions of these Terms, and the Provider does not immediately take appropriate action, it does not mean that the Provider waives any of their rights, e.g. the right to take action in the future.
  5. Daily Tunes is an unregistered brand of the Provider. All other names, trade names, brands and trademarks that may appear in any App, belong to their owners and are used for informational and identification purposes and the Provider is not in any way associated with these entities.
  6. As of an Effective Date of these Terms the Provider makes available for download these Apps produced by them:
    • Apps available in all application stores: Daily Tunes, SK Radio, CZ Radio, HU Radio, BE Radio, CH Radio, EE Radio, FI Radio, GR Radio, IT Radio, IE Radio, LV Radio, NL Radio, PT Radio, SI Radio, RS Radio, AL Radio, BA Radio, BR Radio, CY Radio, CA Radio, DE Radio, PL Radio, AT Radio, BG Radio, DK Radio, ES Radio, FR Radio, HR Radio, IN Radio, LT Radio, NO Radio, PL Radio, RO Radio, SE Radio, UA Radio, ID Radio, ME Radio, MK Radio, TR Radio;
    • Apps available only for Android in Google Play Store: SK Radio Pro, CZ Radio Pro, PL Radio Pro, HU Radio Pro, RO Radio Pro, FI Radio Pro.

Effective Date: 1.9.2025