Terms and Conditions

1. Who we are

1.1. The Website and the Daily Radio service (the "Service") are owned and operated by iradio S.R.L., a limited liability company incorporated and functioning under the laws of Romania, registered with the Romanian Trade Register (Oficiul Național al Registrului Comerțului) under no. J2024003934236, fiscal registration code (CUI) 50155192, having its registered office at Str. Emil Racoviță nr. 29, Bl. A4, Sc. 1, Ap. 1, Bucharest, Romania (referred to in these Terms as "Daily Radio", the "Company", "we", "us" or "our").

1.2. You can contact us: (a) by post, at the registered office address indicated above; (b) through the contact form available on the Website; or (c) for any matter concerning personal data, at gdpr@dailyradio.com.

2. Acceptance of these Terms

2.1. These terms and conditions (the "Terms") govern the access to and use of the Website, the free listening features made available on the Website, the paid subscription plans, the add-on products (including audio advertising spots and AI-generated jingles) and any related applications, players, APIs and services provided by Daily Radio.

2.2. By accessing or using the Website or the Service, by creating an account, or by purchasing a subscription or an add-on, you confirm that you have read, understood and agree to be bound by these Terms and by the documents incorporated into them by reference: the Privacy Policy and the Cookie Policy. If you do not agree with these Terms, you must not use the Website or the Service.

2.3. Where you use the Service on behalf of a company or another legal entity, you represent and warrant that you have the authority to bind that entity, and "Customer", "you" and "your" refer to that entity.

2.4. If we make specific offers, order forms, custom/enterprise proposals or other supplementary contracts available to you, those supplementary terms shall prevail over these Terms in case of conflict, to the extent of the conflict.

3. Definitions

In these Terms: "Account" means the client account created on the Website; "Account Holder" means the person or entity that registered the Account and holds the subscription; "Sub-user" means an additional user created by the Account Holder under the Team feature; "Subscription" means a paid, recurring plan (such as the Essential or Branded plan, or a Custom/Enterprise plan); "Add-on" means a one-time paid product, such as an Audio Ad spot or additional jingle generations; "Stations" means the radio stations/streams made available through the Service; "Free Stations" means the stations that can be listened to on the Website without an Account; "Customer Content" means any content you provide to us (including logos, brand names, briefs, scripts, contact details and other materials); "Produced Content" means jingles, station identifications and audio advertising spots produced through or by the Service (including with the assistance of artificial-intelligence tools) for a Customer; "Consumer" means a natural person acting outside his or her trade, business, craft or profession, within the meaning of Romanian and EU consumer law.

4. Nature of the Service; eligibility

4.1. The Service is a business-to-business (B2B) background-music and audio-branding platform primarily addressed to professionals: hospitality (HoReCa), retail, fitness and other business venues. The free listening features on the Website may be used by any visitor.

4.2. To create an Account and purchase a Subscription or Add-on you must be at least 18 years old and have full legal capacity. Use of the Website's free listening features is permitted for visitors aged 16 or older; visitors under 16 may use the Website only with the consent of a parent or legal guardian.

4.3. The Service is operated from Romania. We make no representation that the Service or its content is appropriate or lawfully available for use in every jurisdiction. If you access the Service from outside Romania, you do so on your own initiative and you are responsible for compliance with the laws applicable in your location, including, without limitation, the music licensing obligations described in Section 10.

5. The Service

5.1. Free Stations. Daily Radio may make a limited number of Stations playable on the Website free of charge and without registration. Free Stations are provided for personal, non-commercial listening and for evaluating the Service. Free Stations may include advertising and may be changed, interrupted or withdrawn at any time without notice.

5.2. Subscriptions. Paid Subscription plans give the Customer access, during the paid period, to features which may include (depending on the plan selected): a number of curated Stations selectable from our catalogue, unlimited streaming within the Account limits, Sub-user seats with per-station access rights, branded jingles (station identifications) aired between or over songs, listening analytics, branded player pages and API tokens for authorized playback applications. The current plan structure, features, limits and prices are those displayed on the Website's pricing page and at checkout at the moment of purchase (for reference, at the effective date of these Terms: Essential — EUR 29/month, including up to 5 Stations and 3 Sub-users; Branded — EUR 59/month, including up to 10 Stations, branded jingles, analytics and 10 Sub-users; Custom/Enterprise — individual offer).

5.3. Add-ons. We may offer one-time paid Add-ons, such as: (a) Audio Ad spots — a produced advertising spot (of approximately 60 seconds), created on the basis of your brief, with the voice, language and energy style chosen by you, aired on the target Station once per hour for the campaign duration displayed at the time of order (by default, up to 30 days); and (b) additional jingle generations in the Brand Jingle Studio beyond the free quota included with the Account (at the effective date: 3 free generations per Account, additional generations at the price displayed in the Service). The characteristics and prices displayed at the time of order prevail.

5.4. AI-produced audio. Jingles, voice demos and advertising spots may be generated using third-party artificial-intelligence services (text-to-speech and music-generation providers) on the basis of scripts and briefs provided or approved by you. You acknowledge that: (a) AI-generated audio is produced automatically and, despite curation, may require regeneration or adjustment; (b) similar or comparable outputs may be independently generated for other users of the same underlying AI technologies, and no guarantee of absolute uniqueness is given; and (c) you are responsible for the content of the scripts, lyrics, brand claims and briefs you submit or approve, which must be lawful and must not infringe third-party rights.

5.5. Changes to the Service. We continuously develop the Service and may add, modify or discontinue features, Stations, playlists and content. The musical repertoire, the composition of the Stations and the rotation of tracks are curated by us and are not subject to Customer control, except for the selection, branding and configuration features expressly included in your plan. We will not materially reduce the core functionality paid for during an already-paid Subscription period.

6. Account, security, Sub-users, API tokens

6.1. You must provide accurate, current and complete information when registering and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities carried out through your Account, including by your Sub-users.

6.2. Single active session. For technical and licensing reasons, an Account (and each Sub-user seat) may maintain only one active playback session at a time. Logging in while the same account is active elsewhere requires taking over the session; the previous session is disconnected. The legitimate way to enable multiple simultaneous listeners/locations is to create Sub-users within your plan limits or to upgrade your plan. Circumventing the session limitation is a material breach of these Terms.

6.3. Sub-users. The Account Holder is responsible for its Sub-users, for assigning them per-station access and for their compliance with these Terms. Sub-user seats are limited according to the plan.

6.4. API tokens. API tokens generated in the Account settings are strictly personal to the Account, must be kept secret, and may be used solely to access the documented playback endpoints for the benefit of the Account (including in future companion applications). Tokens may be revoked by us in case of abuse.

6.5. You must notify us without delay of any unauthorized use of your Account or any other security breach.

7. Prices, payment, billing and taxes

7.1. Prices for Subscriptions and Add-ons are displayed on the Website and at checkout in EUR. Unless expressly stated otherwise at checkout, prices are exclusive of VAT and any other applicable taxes, which are added at the rate applicable by law, based on the billing information you provide (including a valid VAT/tax identification number, where applicable).

7.2. Payments are processed by our payment services provider, Stripe (Stripe Payments Europe, Ltd. and its affiliates). Daily Radio does not collect or store full payment card numbers; payment data is processed by Stripe under its own terms and privacy policy. You authorize us and Stripe to charge your selected payment method for the amounts due.

7.3. Automatic renewal. Subscriptions are recurring: they renew automatically at the end of each billing period (e.g., monthly) for a period equal to the previous one, at the price in force at the renewal date, until cancelled. By subscribing, you expressly authorize recurring charges to your payment method at each renewal.

7.4. Cancellation of renewal. You may cancel the automatic renewal at any time from the Billing page of your Account ("cancel at period end"). Cancellation takes effect at the end of the current paid period; you retain access until then. You may resume a cancelled Subscription before the period ends. We currently do not offer mid-cycle plan proration; to change plans you may cancel the current plan and subscribe to the new plan, or contact us for assistance.

7.5. Failed payments. If a renewal charge fails, we may retry the charge and/or suspend access to paid features until payment is completed. Invoices/receipts are issued through the payment infrastructure based on the billing profile (company name, address, VAT code) you maintain in the Account; you are responsible for the accuracy of this information.

7.6. Refunds. Except as provided by mandatory law (including Section 8 for Consumers) or expressly stated in these Terms, payments are non-refundable and no refunds or credits are granted for partially used billing periods. Manifest billing errors will be corrected, and corresponding amounts refunded, upon notification.

7.7. Complimentary access. We may grant free (complimentary) subscriptions, trials or credits at our discretion; these carry no entitlement to renewal and may be revoked at any time, and they are not convertible into money.

7.8. Price changes. We may change prices for the future. Price changes take effect for you no earlier than the next renewal following at least 15 days' prior notice (by e-mail or in-Account notification). If you do not agree with the new price, you may cancel renewal before it takes effect.

8. Consumer right of withdrawal

8.1. This Section applies only to Customers who are Consumers. It does not apply to legal entities or to natural persons acting for purposes related to their trade, business, craft or profession.

8.2. In accordance with Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals (transposing Directive 2011/83/EU), a Consumer has the right to withdraw from a distance contract within 14 days from its conclusion, without giving reasons.

8.3. Digital services (Subscriptions, streaming access). If the Consumer requests that the provision of the Service begin during the 14-day withdrawal period and then withdraws, the Consumer owes a proportionate amount for the services provided until the moment of withdrawal. The right of withdrawal is lost once the service has been fully performed, where performance began with the Consumer's prior express consent and acknowledgment of the loss of the right upon full performance.

8.4. Produced Content (Audio Ads, jingle generations). For Add-ons consisting of the production and delivery of digital content not supplied on a tangible medium, the right of withdrawal is lost once performance (production/generation) has begun with the Consumer's prior express consent and acknowledgment of the loss of the right of withdrawal, in accordance with art. 16 lit. m) of OUG 34/2014. The checkout flow will request this consent where applicable.

8.5. To exercise withdrawal, the Consumer must send an unequivocal statement (e.g., through the contact form or by post to the registered office) before the expiry of the 14-day period. We will reimburse amounts due (if any) without undue delay and no later than 14 days from the day we are informed of the withdrawal decision, using the same means of payment used for the initial transaction, unless otherwise agreed.

8.6. Consumers also benefit from the legal guarantee of conformity for digital content and digital services provided under OUG no. 141/2021. Nothing in these Terms limits mandatory Consumer rights.

9. Intellectual property of the Service

9.1. The Website, the Service, the software, the players, the design, the databases, the schedules, the trademarks, the logos, the texts and all other materials made available by us are and remain the exclusive property of the Company or of its licensors, and are protected by Romanian Law no. 8/1996 on copyright and related rights, as republished and amended, by EU law and by international treaties.

9.2. Subject to compliance with these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence, for the duration of your Subscription (or of your visit, for Free Stations), to access and play the Stations and to use the Service features included in your plan, in your own business locations or devices, in accordance with these Terms. No other right is granted.

9.3. All rights in the musical works, phonograms and performances embodied in the Stations belong to their respective right holders. Your use of the streams does not transfer to you any right over such content.

10. Music rights, webcasting licences and YOUR public-performance obligations

10.1. Our licences. For the online transmission (webcasting) of the Stations, the Company concludes and maintains the licences and authorizations required under Romanian law from the competent Romanian collective management organisations, currently: UCMR-ADA (Uniunea Compozitorilor și Muzicologilor din România — Asociația pentru Drepturi de Autor, for authors of musical works), UPFR (Uniunea Producătorilor de Fonograme din România, for phonogram producers) and CREDIDAM (Centrul Român pentru Administrarea Drepturilor Artiștilor Interpreți, for performers), and pays the corresponding remunerations for the acts of exploitation it performs, for the territory of Romania.

10.2. Your obligations — public performance in your venue. The Company's licences cover our transmission of the streams to you. They do not cover, and cannot cover, the public performance / communication to the public of music in your business premises (comunicare publică în scop ambiental), which is a separate act of exploitation under Law no. 8/1996 and under the equivalent laws of other countries. Each Customer that plays the Service in a space open to the public or accessible to clients, staff or visitors is solely responsible for: (a) obtaining the required authorizations/licences from the competent collective management organisations of the country where its venue is located (in Romania: UCMR-ADA for authors and the designated collector for producers and performers — currently UPFR/CREDIDAM; in other countries: the local equivalent organisations); and (b) paying the corresponding public-performance remunerations. A Daily Radio Subscription is not a substitute for, and does not exempt you from, these obligations.

10.3. No exemption. No user or business is exempt from public-performance obligations by reason of the music being received via internet radio, webradio or any other technology. Failure to hold the required local authorizations may expose you to claims by right holders or collecting societies; the Company bears no liability for your failure to comply with Section 10.2.

10.4. Produced Content. Jingles and advertising spots produced through the Service are licensed to you as set out in Section 12. You are responsible for ensuring that the broadcasting of advertising spots in your venue or on your channels complies with the advertising and consumer-protection laws applicable to you.

11. Acceptable use; prohibited conduct

11.1. You agree to use the Website and the Service only for lawful purposes and in accordance with these Terms. It is strictly prohibited to:

• record, copy, download, store, rip, or otherwise fix the streams or any part of their content on any local or remote medium, by any technical means whatsoever;
• retransmit, rebroadcast, resell, sublicense, publicly relay or otherwise make the streams available to third parties outside your licensed venue/devices, including via other websites, apps, PA-over-internet systems or "restreaming" services;
• share Account credentials or API tokens outside your organisation, or use the Service to supply background music to third-party venues that do not hold their own Subscription;
• circumvent, disable or interfere with authentication, session limitations, streaming protections, hotlinking protections or any other technical protection measures;
• use robots, scrapers or automated means to access the Service, harvest data, or systematically collect content or metadata;
• introduce viruses, malware or any harmful code, probe or test the vulnerability of the systems, or interfere with the integrity or performance of the Service;
• submit Customer Content (including briefs, scripts and logos) that is unlawful, defamatory, misleading, discriminatory, infringing of third-party rights (including trademarks and copyright) or otherwise objectionable;
• use the Service in violation of applicable export-control or sanctions rules;
• misrepresent your identity or affiliation, or use the Service to send unsolicited communications.

11.2. We may investigate violations and may report unlawful conduct to the competent authorities.

12. Customer Content and Produced Content

12.1. Your content. You retain all rights in your Customer Content. You grant the Company a non-exclusive, worldwide, royalty-free licence, for the duration of the contractual relationship, to host, reproduce, adapt and use the Customer Content strictly to the extent necessary to provide the Service (including displaying your logo in players and branded pages, and producing jingles/spots from your briefs).

12.2. You represent and warrant that you hold all rights necessary in the Customer Content (including trademarks, names, slogans and any material you upload) and that its use in the Service will not infringe third-party rights or applicable law. You will indemnify us against third-party claims arising from your Customer Content, in accordance with Section 17.

12.3. Produced Content. Upon full payment of the applicable fees, the Company grants you a non-exclusive, worldwide licence to use the Produced Content created for your Account (jingles, station IDs, ad spots): (a) within the Service, on your assigned Stations; and (b) in your own marketing and communication channels, in unmodified form. The underlying production elements (AI voices, models, templates, production know-how) remain the property of the Company or of its providers, and identical or similar underlying elements may be used for other customers. Any exclusivity, transfer of rights or extended licence may be agreed only in writing (e.g., under a Custom/Enterprise offer).

12.4. Idea submissions. If you send us unsolicited ideas, suggestions or proposals regarding the Service, you agree that we may use them without restriction and without compensation, and you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence for this purpose. This clause does not apply to your personal data, which is processed as described in the Privacy Policy.

13. Third-party services and links

13.1. The Service relies on third-party providers, including, at the effective date: Stripe (payments), Cloudflare (security/CDN), OpenAI (text-to-speech, text generation) and Suno (musical jingle generation). Their availability and performance are outside our control; where a third-party provider materially fails, we will use reasonable efforts to mitigate or substitute it.

13.2. The Website may contain links to third-party websites or services. We do not control and are not responsible for their content, policies or practices. Accessing them is at your own risk and subject to their own terms.

14. Availability; warranties; disclaimer

14.1. We aim to provide the Service continuously (24/7) but we do not guarantee uninterrupted or error-free operation. Availability may be affected by maintenance, updates, capacity, failures of hosting, network, CDN, payment or AI providers, or by events outside our control. Planned maintenance will, where reasonably possible, be announced in advance.

14.2. Except for what is expressly provided in these Terms and for the warranties that cannot be excluded under mandatory law (including Consumer conformity rights under OUG 141/2021), the Website and the Service are provided "as is" and "as available", and we expressly disclaim all other warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the Stations, playlists or Produced Content will meet subjective expectations of style or taste.

15. Suspension and termination

15.1. You may stop using the Service at any time and may cancel renewal as described in Section 7.4. Deleting the Account can be requested as described in the Privacy Policy.

15.2. We may suspend or restrict access to the Account, to certain features or to the streams, in whole or in part, with immediate effect and prior or subsequent notice, where: (a) you materially breach these Terms (including Sections 6.2, 10 and 11); (b) amounts due are unpaid after the due date; (c) suspension is required by law, by a competent authority, by a court order or by our licensing obligations; or (d) it is necessary to protect the security or integrity of the Service. Where the breach can be remedied, we will normally give you notice and a reasonable term to remedy before termination.

15.3. We may terminate the contract: (a) for material breach not remedied within the term granted; (b) with effect from the end of the current paid period, for convenience, with at least 30 days' notice; or (c) immediately, if the provision of the Service becomes unlawful or impossible (including loss of required music licences). In case of termination by us for convenience or for impossibility not attributable to you, we will refund the proportional part of any pre-paid period not used.

15.4. Upon termination, your licence to use the Service and the Produced Content within the Service ceases; Sections which by their nature survive (including 9, 10.2–10.3, 12.2, 12.4, 16, 17, 20, 21) remain in force.

16. Limitation of liability

16.1. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Romanian law, including liability for damage caused by intent (dol) or gross negligence (culpă gravă), or mandatory liability towards Consumers.

16.2. Subject to Section 16.1, to the maximum extent permitted by law: (a) the Company shall not be liable for indirect or consequential damage, loss of profit, loss of revenue, loss of business, loss of data or reputational damage; (b) the Company shall not be liable for damage resulting from your failure to obtain the public-performance authorizations described in Section 10.2, from your Customer Content, or from your breach of these Terms; and (c) the total aggregate liability of the Company arising out of or in connection with the Service in any contractual year shall not exceed the total fees actually paid by you to the Company for the Service in the 12 months preceding the event giving rise to liability (or EUR 100, if you have paid no fees, for claims that cannot be excluded).

16.3. The Service is a background-music and audio-branding tool; it is not a safety, emergency or public-announcement system, and must not be relied upon as such.

17. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless the Company, its directors, employees and agents from and against any claims, damages, fines, penalties and reasonable expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your Customer Content; (c) your failure to comply with music public-performance obligations under Section 10.2; or (d) your violation of applicable law or of third-party rights. This Section does not apply to Consumers except to the extent permitted by mandatory consumer law.

18. Force majeure

Neither party shall be liable for failure or delay in performance caused by force majeure or fortuitous events within the meaning of the Romanian Civil Code (including natural disasters, war, terrorism, riots, embargoes, acts of authorities, fire, floods, epidemics, general strikes, widespread failures of the internet, of energy networks or of upstream providers), for as long as the event lasts and provided the affected party notifies the other and uses reasonable efforts to mitigate. Payment obligations already due are not excused by force majeure.

19. Electronic communications; notices

19.1. You agree that the contractual communication takes place primarily by electronic means: e-mail to the address associated with the Account, in-Account notifications and notices published on the Website satisfy any legal requirement of written communication, to the extent permitted by law.

19.2. Formal legal notices to the Company must be sent in writing to the registered office address stated in Section 1.1 or through the contact form, and will be deemed received in accordance with the applicable law.

20. Changes to these Terms

20.1. We may amend these Terms for legitimate reasons (legal or regulatory changes, changes of the Service, security, clarification). The current version, with its effective date, is always published on the Website.

20.2. Material changes will be notified at least 15 days before they take effect (by e-mail or in-Account notice). If you do not agree with the amended Terms, you may terminate the contract with effect from the date the changes take effect (and, in the case of paid Subscriptions, cancel the renewal); continued use of the Service after the effective date constitutes acceptance.

21. Governing law; disputes; consumer protection

21.1. These Terms and any non-contractual obligations arising out of them are governed by Romanian law.

21.2. The parties will attempt to resolve any dispute amicably. Disputes that cannot be resolved amicably shall be settled by the competent Romanian courts; in relations with professionals (B2B), the competent courts are those of Bucharest, Romania. For Consumers, the legal rules of jurisdiction remain applicable, including, where applicable, the courts of the Consumer's domicile.

21.3. Consumers in Romania may address the National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorului — ANPC): Bucharest, https://anpc.ro. Consumers may also use the alternative dispute resolution mechanism operated by the ANPC Directorate for Alternative Dispute Resolution (SAL, https://anpc.ro/ce-este-sal/), in accordance with OG no. 38/2015 on alternative dispute resolution between consumers and traders. Recourse to these mechanisms does not affect the right to bring the dispute before a court.

21.4. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid one that most closely reflects its economic purpose.

21.5. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign the contract within a corporate reorganisation or transfer of business, with notice to you and without prejudice to your rights.

21.6. These Terms, together with the Privacy Policy, the Cookie Policy, the order/checkout details and any supplementary contracts, represent the entire agreement between you and the Company regarding the Service. The English language version of these Terms is the operative version; translations, if provided, are for convenience only.

22. Contact

iradio S.R.L. — Str. Emil Racoviță nr. 29, Bl. A4, Sc. 1, Ap. 1, Bucharest, Romania · Trade Register no. J2024003934236 · CUI 50155192 · Website: https://dailyradio.com · Contact form: https://dailyradio.com/contact · Data protection: gdpr@dailyradio.com