Terms and Conditions

Last updated: February 20, 2025

Responsible Entity

In compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Spanish Organic Law 3/2018 on Data Protection and Digital Rights (LOPDGDD), we inform you that the entity responsible for processing your personal data is:

• Company Name: AppXpert Solutions SL
• Tax ID (CIF): B56200264
• Registered Address: Calle Alejandro Dumas 17, Entresuelo, 29003, Málaga, Spain
• Legal Representatives: Álvaro Alonso López (Administrator) and Cristian Alberto Sánchez Salido (Administrator)
• Contact Email: it.support@enjoytheclub.es
• Phone: +34 611 900 557

At Enjoy the Club, operated by AppXpert Solutions SL, we want you to have the best nightlife experience. To do so, we collect and use certain personal data when you use our services:

Use of Song Requests

Enjoy the Club improves the nightlife experience by allowing users to interact in real time with the music selection. Our platform lets attendees express musical preferences and support song requests, facilitating interaction between guests, administrators, and DJs. We do not stream or distribute music; we provide a request-management system that helps admins and DJs tailor their sets dynamically. Our service follows platform guidelines to ensure a smooth, compliant experience for everyone.

Below we explain clearly how we do this and how you can manage your privacy.

If you have questions, contact us at it.support@enjoytheclub.es.

1. ACCEPTANCE OF THESE TERMS

1.1. Welcome to Enjoy the Club, a service operated by AppXpert Solutions SL (hereinafter, the “Company,” “we,” or “our”), with address at C. Alejandro Dumas, 17, 29004 Málaga (Spain).

1.2. By accessing and using our web/app and related services (together, the “Services”), you agree to be bound by these Terms and Conditions (the “Terms”). If you disagree with any of them, you must stop using the Services.

1.3. We reserve the right to modify these Terms at any time. We will notify you of such changes by email or other reasonable means. Your continued use of the Services after any change implies acceptance of the updated Terms.

2. DESCRIPTION OF THE SERVICES

2.1. Purpose
Enjoy the Club allows venues (clubs, pubs, beach bars, restaurants, hotels, gyms, etc.) to offer their customers features such as:

• Requesting songs (with a live DJ or via manual/automatic systems).
• Participating in contests or interactive activities in the venue.
• Obtaining metrics and reports to better understand audience preferences.

2.2. Payment methods

• Song request commissions: The end user (the venue’s customer) may pay to request a specific song. A free mode may exist if the venue decides (e.g., automatic playlist systems).
• B2B subscription (for venues/managers): A monthly subscription or fixed fees paid by the venue to the Company in exchange for reduced commissions or premium features.
• Sale of physical products (Welcome Pack, etc.): Mainly for venues, governed by specific agreements between the Company and the venue.

2.3. Company role
We do not handle music licenses or copyrights. Each venue, DJ, or administrator is responsible for obtaining the necessary permissions for music playback. We are not liable for the final content played or for any license infringements by third parties.

3. USER ACCESS AND REGISTRATION

3.1. Age and parental responsibility
To use our Services (especially to request songs and make payments), you must be of legal age (18) or have parental/guardian consent. The Company cannot fully verify users’ actual age. If a parent/guardian finds a minor used our service without consent, contact it.support@enjoytheclub.es so we can review the case.

3.2. Account and roles
Managers, administrators, or DJs can create a “staff” account to access management tools and statistics. In many cases, end customers do not need a formal account; they can provide an email to receive the payment receipt and submit song requests.

3.3. Contact data
You are responsible for the accuracy of the data you provide. If you provide an email, you confirm it is valid and under your control.

4. SONG REQUESTS AND PAYMENTS

4.1. Basic operation
When a user pays to request a song, an authorization hold (not an immediate charge) is placed on the amount. Once the DJ or system marks the song as played (at least 30 seconds of recognizable playback), the payment is captured and the charge completed. If the song is never played, the hold is canceled and no charge is made.

4.2. Playback modes

• Live DJ: The DJ receives the request and decides when and how to play the song (remix, mashup, etc.). It is considered “played” if at least 30 seconds of the identifiable piece are heard. With this we encourage DJs to integrate requests easily into their sets.
• Manual system: A venue administrator or staff member manually manages requests and schedules them.
• Automatic system: The venue can enable a playlist mode where, if they choose, requests can be free for end users (the venue covers the Company’s fee).

4.3. Disputes or claims
If a user believes their song was not played or was played incorrectly, they can open a support ticket through the platform. We will review the technical data available (logs, venue communication, etc.) to decide, at our sole discretion, whether a refund is appropriate or if the song was indeed played. Our criteria and technical evidence are decisive.

4.4. Payment methods
We use Stripe (or similar) as the payment gateway for secure transactions. We do not handle cash or off-platform payments. If a venue chooses alternative methods, it is solely responsible.

5. COMMISSIONS, SUBSCRIPTIONS, AND B2B SERVICES

5.1. Song request commissions
In certain venues, each song request generates a commission for the Company. The remaining amount is transferred (via Stripe Connect or another method) to the venue or DJ account, according to their agreed split. The Company does not mediate how the venue and DJ divide earnings, other than enabling the requested technical setup.

5.2. Monthly subscriptions
Some venues subscribe to a flat rate to reduce commissions or access premium features. The subscription (price, term, benefits) is governed by a specific B2B agreement. The venue must contact the Company by email or another official channel to sign up, cancel, or change the plan.

5.3. Physical products
Sale of Welcome Packs or other materials is governed by independent (usually B2B) agreements. Any returns or product issues must be addressed by contacting the Company, which will assess each case individually. Shipping costs, timelines, and other details may vary and are not fully covered by these Terms.

6. PROHIBITED ACTIVITIES

By using the Services, you agree not to:

1. Perform acts that violate the law or these Terms (e.g., uploading illegal, defamatory, or misleading content).
2. Interfere with the security of the Services or attempt unauthorized access to systems or third-party data.
3. Upload content containing viruses, Trojans, spam, or any malware.
4. Use automated methods (scraping, bots, etc.) to extract data without our express consent.
5. Impersonate another person or user, or use someone else’s credentials without permission.
6. Generate or attempt to generate excessive load on our infrastructure (denial-of-service attacks, etc.).
7. Engage in actions that harm the reputation of the Company or the Services.

We reserve the right to suspend or cancel access for any user who violates these prohibitions.

7. USER CONTENT AND CONTESTS

7.1. Content responsibility
Managers/administrators may upload photos, descriptions, events, etc. They are solely responsible for ensuring such content complies with the law (including copyright or image rights). The Company does not supervise or guarantee the accuracy, legality, or suitability of that content.

7.2. Messages and photos in contests
In future contests or activities, users may upload messages or images displayed on venue screens or on the web. Uploading illegal, violent, pornographic, racist, or otherwise unlawful content is prohibited. We reserve the right to moderate, block, or remove content without notice. The venue/organizer has final say on what is shown to the public. The Company assumes no liability if, despite warnings, the venue displays inappropriate content.

7.3. Reviews and ratings
Users may leave reviews or ratings about DJs or venues, which must be truthful and respectful. The Company may remove reviews containing defamatory, violent, or offensive language at its discretion.

8. INTELLECTUAL PROPERTY AND LICENSES

8.1. Company property
We own or license the intellectual property rights related to the platform, logos, brands, designs, and other content. Reproduction, distribution, modification, or commercial use without prior written authorization is prohibited.

8.2. Third-party content
Each venue and DJ is responsible for obtaining the licenses needed to play music. The Company disclaims liability for copyright infringements, music license violations, or other breaches by third parties.

9. USER DATA AND CONFIDENTIALITY

9.1. User responsibility
Although we perform periodic backups, each user or venue is primarily responsible for the information they upload or generate on the platform. We are not liable for data loss or corruption caused by factors beyond our control (technical failures, cyberattacks, etc.).

9.2. Statistics and anonymized data
The Company may collect and use anonymized data for statistical and service-improvement purposes. Personal data is governed by our Privacy Policy (available at [link]).

10. LIMITATIONS OF LIABILITY

10.1. No warranties
We provide the Services “as is” and “as available.” We do not guarantee 100% uptime or absence of errors or interruptions. We will make reasonable efforts to keep the platform running and handle incidents, but we are not responsible for damages from outages or technical issues beyond our control.

10.2. Off-platform use
If a venue chooses to handle payments or song requests outside our system, the Company is not responsible for those arrangements or outcomes.

10.3. Liability exclusion
We are not liable for indirect or consequential losses, loss of profits, or third-party claims from use (or inability to use) the Services. Our total liability in any case is limited to the amount the user or venue has paid us directly in the last six (6) months.

11. INDEMNIFICATION

You agree to hold the Company (and its directors, employees, agents, and affiliates) harmless from any claims, damages, losses, or expenses (including attorney fees) arising from:

1. Your use or misuse of the Services.
2. Your breach of these Terms.
3. Any content you upload or action you take that infringes third-party rights (e.g., copyright or privacy).
4. Any act causing harm or damage to another user, venue, or third party in connection with the Services.

12. REFUND POLICY

12.1. Refunds for song requests
If the song is not played (or is played for less than 30 recognizable seconds), the hold will be canceled and no charge applied. If you believe your request was not fulfilled, please open a support ticket. We will evaluate the situation and, if warranted, process a refund as soon as possible.

12.2. Physical products
Claims or returns related to physical products (Welcome Pack, etc.) are governed by the applicable B2B agreement with the venue or by contacting the Company to assess each case.

13. TERM AND SERVICE SUSPENSION

13.1. Duration
These Terms remain in force while you use the Services.

13.2. Right to terminate
We may suspend or cancel your access at any time, without notice, if we believe you violate the law or any provision of these Terms, or for security reasons. Once terminated, you lose the right to access the Services’ features.

13.3. Staff accounts
For manager or DJ accounts, access may also be revoked at the venue’s request or in case of a dispute between the parties.

13.4. Effects of termination
If your account is suspended or terminated, we may retain or delete your data according to our Privacy Policy.

14. ELECTRONIC COMMUNICATIONS AND SIGNATURES

14.1. By using the Services, you agree that all notices, agreements, or communications will be electronic (by email or through the platform).

14.2. You acknowledge the validity of these Terms and any electronic consent, without requiring a physical document or handwritten signature.

15. GOVERNING LAW AND JURISDICTION

15.1. These Terms are governed by Spanish law.

15.2. Both parties submit to the jurisdiction of the Courts of Málaga (Spain), expressly waiving any other jurisdiction unless otherwise mandated by consumer protection laws.

16. AMENDMENTS TO THESE TERMS

16.1. We may amend these Terms in whole or in part at any time.

16.2. We will notify such changes via email or by posting a notice on the platform.

16.3. Continued use of the Services after any amendment implies acceptance of the updated Terms.

17. MISCELLANEOUS

17.1. Severability
If any clause of these Terms is declared null or invalid, the remaining provisions will remain in force and be interpreted consistently with the parties’ intent.

17.2. No waiver
Failure by the Company to enforce any provision does not constitute a waiver of that right.

17.3. Entire agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreement or communication.

17.4. Assignment
The Company may assign or transfer its contractual position to a third party acquiring all or part of the business related to the Services, with appropriate notice.

18. CONTACT AND SUPPORT

If you have questions, issues, or wish to exercise your rights, you can contact us at:

• Email: it.support@enjoytheclub.es
• Postal address: AppXpert Solutions SL, C. Alejandro Dumas, 17, 29004 Málaga, Spain

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Thank you for using Enjoy the Club!
By continuing to use our Services, you confirm that you have read and fully accepted these Terms and Conditions.

Final Note:
This text does not replace professional legal advice. Adjust or refine the language to your preferred style and review each clause to ensure it aligns with your platform’s actual operation. Also verify consistency with your Privacy Policy regarding data processing and compliance.