Introduction
Please read these Terms and Conditions ("Terms") carefully before using the SongShift mobile application (the "Application") or our services that have been integrated into the products or services of third parties (collectively with the Application, the "Service") operated by SongShift, LLC ("we", "our", or "us").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not use the Service. These Terms apply to all visitors, users, and others who access or use the Service. These Terms also include our Privacy Policy, which can be reviewed at https://songshift.com/privacy.
Pro Subscription
Some parts of the Service 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 type of Subscription plan you select when purchasing a Subscription, your Billing cycle is set either on a monthly or annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the conditions at the time of renewal unless you cancel it 24 hours before renewal. You may cancel your Subscription renewal through the iOS subscription management page easily reachable from within the Application.
Fee Changes
At our sole discretion and at any time, we may modify the fees for the 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 Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law or other SongShift obligation, paid Subscription fees are non-refundable.
Third Party Links
Our Service may contain links to digital song providers ("DSPs") or other third-party web sites or services that are not owned or controlled by SongShift, LLC.
SongShift, LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any DSP or other third-party web sites or services. You further acknowledge and agree that SongShift, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such DSP or other web sites or services.
In order to provide Services, we may need to link your SongShift account to the accounts of DSPs. If you would like us to disconnect you SongShift account from a DSP account please contact us at support@songshift.com.
Disclaimers, Prohibitions and Third Party Rights
The Services involves interaction with the platforms, services and content of DSP and other third-party digital song providers (collectively, "DSP Platforms"). You agree to the following with respect to us, such DSPs and the DSP Platforms:
You agree to allow us to access your accounts with DSP Platforms in order to transfer song lists and related data (artist information, timestamps for when songs were added to lists, etc.) when you request a transfer of song lists using SongShift;
SongShift does not make any warranties or representations on behalf of itself and cannot and does not make any warranties or representations on behalf of any DSP.
SongShift 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;
You may not and will not modify the Services or a DSP Platform or create derivative works based on the Services or a DSP Platform;
You may not and will not decompile, reverse-engineer, disassemble, or otherwise reduce the Services or any DSP Platform to source code or other human-perceivable form, to the full extent allowed by law;
You agree that no DSP is responsible for the Services and agree that each DSP disclaims any liability on the part of such DSP; and
You agree that each DSP is a third-party beneficiary to these Terms and the SongShift Privacy Policy (found at https://www.songshift.com/privacy) and is entitled to directly enforce these Terms and the SongShift Privacy Policy.
Limitation of Liability
In no event shall SongShift, LLC, nor its employees, partners, owners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, tort (including negligence) or any other 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 any right or provision in these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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 any new terms taking effect. What constitutes a significant change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contacting Us
If you have any questions regarding these Terms, please contact us via email at support@songshift.com