These Terms of Service (the “Agreement”) are entered into between OGABSON LLC, a Wyoming limited liability company with its registered address at 5830 East 2nd Street, STE 7000 #35925, Casper, WY 82609, United States, trading as Mublic (“Mublic”, “we”, “us”), and the business entity that subscribes to the Service (the “Customer”, “you”).
This is a business-to-business service. The Service is offered only to businesses and is not directed at consumers. By entering into this Agreement you represent that you are acting for purposes within your trade, business or profession and that you are authorised to bind the Customer.
Mublic provides background music for commercial premises. The Customer receives access to the Catalogue, one or more independently controllable Zones, scheduling tools, staff access controls and an offline buffer that allows playback to continue during short internet outages.
Mublic may add, improve or discontinue individual features. Mublic will not make a change that materially reduces the core functionality of a paid subscription without at least thirty (30) days’ notice.
The Catalogue is produced by or commissioned by Mublic. Mublic owns or controls the rights required to license the Catalogue for public performance in commercial premises. The Catalogue is not administered by any performing rights organisation on Mublic’s behalf.
Subject to payment of the applicable fees, Mublic grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to publicly perform the Catalogue within the Customer’s Venues and Zones for the duration of the subscription.
Mublic will defend the Customer against, and indemnify the Customer for, any third-party claim that the Customer’s performance of the Catalogue within the licensed Venues infringes that third party’s copyright or neighbouring rights, including claims brought by collecting societies or performing rights organisations, provided the conditions in Section 4.3 are met. This indemnity covers reasonable attorneys’ fees, settlement amounts approved by Mublic, and damages finally awarded.
To rely on the guarantee, the Customer must: (a) notify Mublic promptly and in writing of any claim or inspection; (b) allow Mublic sole control of the defence and settlement; (c) provide reasonable cooperation and information; and (d) not admit liability or settle without Mublic’s written consent.
Each licensed Venue receives a licence certificate with a QR code that resolves to a live verification page showing the current status. Mublic maintains that verification service for the duration of the subscription.
The Customer shall not:
The Customer is responsible for the confidentiality of its account credentials, venue codes and staff PINs, and for all activity carried out through them. The Customer shall notify Mublic without undue delay of any suspected compromise.
Subscription fees are charged per Venue, in advance for the billing period selected at purchase (monthly or annual). On the annual period, twelve (12) months of the Service are billed at the reduced yearly rate published on the pricing page. The number of Zones within a Venue determines the pricing tier; a separate subscription is not required for each Zone. The tiers below apply to the Customer’s region; current tiers for all regions are published at mublic.com/pricing. The applicable region is determined by the Venue’s address as stated in this Agreement, not by the location from which the Customer browses the site.
| Zones in the venue | Monthly fee |
|---|
Payment is processed by Stripe. Fees are exclusive of taxes unless stated otherwise. The Customer is responsible for any sales, use, VAT, withholding or similar taxes arising in its own jurisdiction, including any reverse-charge or self-assessment obligation. Mublic is responsible only for taxes on its own income.
Mublic will give at least thirty (30) days’ notice of a fee change; the Customer may terminate within that period without penalty.
Mublic targets 99.5% monthly availability of the streaming service, measured excluding scheduled maintenance announced at least twenty-four (24) hours in advance, and excluding failures of the Customer’s own internet connection, hardware or premises. The offline buffer is designed to continue playback through short interruptions. Where measured availability in a calendar month falls below this figure, the shortfall counts as an outage attributable to Mublic for the purposes of Section 8.
Mublic’s handling of personal data is described in the Privacy Policy, which forms part of this Agreement. Where Mublic processes personal data on the Customer’s behalf, the parties will enter into a data processing addendum on request. Mublic is established in the United States; personal data may be processed there and in other jurisdictions where its service providers operate.
Except as expressly stated in this Agreement, the service and the catalogue are provided “as is” and “as available”. To the maximum extent permitted by law, Mublic disclaims all other warranties, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mublic does not warrant that the service will be uninterrupted or error-free.
Nothing in this Section limits the express royalty guarantee in Section 4.
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or business interruption, however caused and on any theory of liability, even if advised of the possibility of such damages.
Except for Mublic’s obligations under Section 4 and the Customer’s payment obligations, each party’s total aggregate liability arising out of or related to this Agreement shall not exceed the fees paid by the Customer to Mublic in the twelve (12) months preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
The Customer shall defend, indemnify and hold Mublic harmless from any third-party claim arising out of the Customer’s breach of Section 5, its use of music from sources other than the Service, or its violation of applicable law, together with reasonable attorneys’ fees and amounts finally awarded or settled.
Mublic may amend this Agreement. Material changes will be notified at least thirty (30) days in advance by email or in the customer panel. Continued use after the effective date constitutes acceptance; a Customer that does not accept may terminate before that date without penalty.
This Agreement is governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties shall attempt in good faith to resolve any dispute by negotiation for thirty (30) days. Failing that, the state and federal courts located in Natrona County, Wyoming shall have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.
Mandatory consumer-protection or data-protection rights available to the Customer under the law of its own country are not affected by this Section.