Introduction
Please read these Terms and Conditions ("Terms") carefully before using the SongShift mobile application, the SongMix application (collectively, the "Applications"), or our services that have been integrated into the products or services of third parties (collectively with the Applications, the "Services") operated by SongShift, LLC ("we," "our," or "us").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Services. These Terms apply to all visitors, users, and others who access or use the Services.
These Terms incorporate our Privacy Policy, available at https://songshift.com/privacy. The Privacy Policy describes, among other matters, our collection and use of device, usage, purchase, advertising, analytics, and attribution information and our use of third-party service providers and advertising platforms. Where applicable law requires consent for a particular processing activity, we will seek that consent separately.
Pro Subscription
Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Depending on the Subscription plan you select, your Billing Cycle will be monthly or annual.
At the end of each Billing Cycle, your Subscription will automatically renew under the conditions in effect at the time of renewal unless you cancel it at least 24 hours before renewal. You may cancel your Subscription renewal through the iOS subscription-management page accessible from within the applicable Application.
Fee Changes
At our sole discretion and at any time, we may modify the fees for a Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your failure to cancel the Subscription after the fee change becomes effective constitutes your agreement to pay the modified Subscription fee.
Refunds
Except when required by law or another obligation of SongShift, LLC, paid Subscription fees are non-refundable.
Third-Party Links and Services
The Services may contain links to, integrate with, or depend upon digital song providers ("DSPs"), mobile measurement providers, analytics providers, advertising networks or platforms, application stores, payment and subscription-management services, and other third-party websites, applications, platforms, or services that are not owned or controlled by SongShift, LLC (collectively, "Third-Party Services").
Third-Party Services may operate under their own terms and privacy notices. SongShift, LLC does not control and, to the extent permitted by law, is not responsible for a third party's independent acts or omissions outside SongShift's reasonable control. Nothing in these Terms limits any responsibility that cannot lawfully be limited.
To provide the Services, we may need to link the Services to your accounts with DSPs. If you would like to disconnect the Services from a DSP account, contact us at support@songshift.com.
Advertising, Analytics, and Attribution Services
We may use third-party analytics, mobile measurement, attribution, and advertising services in connection with the Services and the promotion of the Services. These services may collect or receive information concerning your device, your use of the Services, your interaction with advertisements, and purchases or other events occurring through the Services, as described in our Privacy Policy.
We may use such information to determine whether an installation, purchase, subscription, or other event is attributable to a particular advertisement or advertising campaign; measure and improve advertising performance; detect fraud; and provide conversion or campaign-performance information to the relevant advertising platform.
Attribution and advertising measurements are estimates and may be incomplete, duplicated, delayed, or inaccurate because of device settings, privacy controls, technical limitations, differing attribution methodologies, or information supplied by third parties. We do not guarantee the completeness or accuracy of such measurements.
Disclaimers, Prohibitions, and Third-Party Rights
The Services involve interaction with the platforms, services, and content of DSPs and other third-party digital song providers (collectively, "DSP Platforms"). You agree to the following with respect to us, the DSPs, and the DSP Platforms:
• You allow us to access your accounts with DSP Platforms to transfer song lists and related data, including artist information and timestamps showing when songs were added to lists, when you request a transfer using the Services;
• SongShift does not make any warranties or representations on behalf of any DSP;
• SongShift, LLC and each DSP expressly disclaim all implied warranties with respect to the Services and each DSP Platform, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law;
• You may not modify the Services or a DSP Platform or create derivative works based on the Services or a DSP Platform;
• You may not decompile, reverse-engineer, disassemble, or otherwise reduce the Services or any DSP Platform to source code or another human-perceivable form, to the fullest extent allowed by law;
• No DSP is responsible for the Services, and each DSP disclaims liability for the Services to the extent permitted by law; and
• Each DSP is a third-party beneficiary of these Terms and the SongShift, LLC Privacy Policy and may directly enforce the provisions applicable to that DSP.
Uploaded Content
We reserve the right, but have no obligation, to review, monitor, delete, block, disable access to, or refuse to display or transmit content uploaded, submitted, posted, or otherwise made available by users through the Services that we determine, in our sole discretion, is vulgar, profane, obscene, offensive, threatening, harassing, abusive, hateful, defamatory, unlawful, infringing, or otherwise objectionable or inconsistent with these Terms. We may take such action at any time and without prior notice, with or without explanation, and will not be liable to a user or third party for removing, blocking, or restricting access to such content. We may also suspend, restrict, or permanently block the applicable user from publishing, posting, uploading, sharing, or otherwise making additional content available through the Services.
User Names
We reserve the right, in our sole discretion, to change, reassign, remove, suspend, or otherwise restrict a user name, handle, account identifier, or similar designation associated with a user account if we determine that doing so is in the best interests of SongShift, LLC, the Services, or our users. We may take such action at any time and without prior notice, including where a user name is misleading, impersonates another person or entity, infringes another party's rights, is offensive or inappropriate, creates confusion, or otherwise violates these Terms.
Reports
We may make available reporting tools that allow users to report playlists, user profiles, or other content made available through the Services that a user deems inappropriate or inconsistent with these Terms. We reserve the right, but have no obligation, to review such reports or related content and, if we determine in our sole discretion that it is inappropriate or inconsistent with these Terms, may remove, delete, block, disable access to, or refuse to display the content, in whole or in part, at any time and with or without notice or explanation.
Limitation of Liability
To the fullest extent permitted by law, in no event shall SongShift, LLC, or its employees, partners, owners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or inability to access or use the Services; (ii) any conduct or content of a third party on the Services; (iii) any content obtained from the Services; or (iv) unauthorized access, whether based on warranty, contract, tort (including negligence), or another legal theory, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
Governing Law
These Terms shall be governed and construed in accordance with the laws of North Carolina, without regard to its conflict-of-law provisions.
Our failure to enforce a right or provision of these Terms will not be considered a waiver of that right. If a provision is held invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Services and supersede and replace prior agreements between us regarding the Services.
Feedback on the Services
If you provide us with information, suggestions, or other feedback (collectively, "Feedback") about the Services or your use of the Services, whether or not as part of a beta or other test, you grant us a non-exclusive, fully paid-up, royalty-free, worldwide, sublicensable, and transferable license to use that Feedback in connection with our current and future Services.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial, we will try to provide at least 30 days' notice before the new terms take effect. What constitutes a significant change will be determined in our sole discretion.
By continuing to access or use the Services after revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Services.
Contacting Us
If you have questions regarding these Terms, please contact us at support@songshift.com.