Terms of Service

Welcome to ApproachNote. These Terms of Service ("Terms") govern your access to and use of the ApproachNote iOS and macOS applications, the website at approachnote.com, and the API at api.approachnote.com (together, the "Service"). The Service is operated as a sole proprietorship based in Massachusetts, United States ("ApproachNote," "we," "us," or "our").

1. Acceptance of these Terms

By creating an account, downloading or using the apps, or otherwise accessing the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms.

3. Accounts

Some features of the Service require an account. You can create an account using your email and a password, or by signing in with Apple or Google. You agree to:

• Provide accurate information when creating your account and keep it up to date.
• Keep your password and authentication credentials confidential.
• Be responsible for all activity that occurs under your account.
• Promptly notify us at support@approachnote.com if you believe your account has been compromised.

You may not create an account on behalf of someone else without their permission, and you may not maintain more than one account except where we expressly permit it.

4. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial study and reference purposes. We reserve all rights not expressly granted.

You will not, and will not permit anyone else to:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Service.
• Reverse engineer or attempt to extract the source code of the Service, except where applicable law expressly permits it.
• Use the Service or any data obtained from it to build a competing product or service.
• Scrape, crawl, or otherwise extract data from the Service or the API in bulk, or in a manner that exceeds documented rate limits or otherwise places undue load on our infrastructure.
• Remove, obscure, or alter any notices in the Service or in materials made available through the Service.

5. Your content

The Service lets you create content — for example, repertoires, notes on songs and recordings, contributions, and other materials you submit (collectively, "Your Content"). You retain ownership of Your Content.

License you grant to us

You grant ApproachNote a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt (for example, to render across iOS, macOS, and the web), and otherwise use Your Content solely for the purpose of operating, providing, improving, and securing the Service. This license ends when you delete Your Content from the Service, except for backup copies retained for a limited period in the ordinary course of operations and for content that you have shared publicly that other users have already saved.

License between users

If you choose to make a repertoire or other content public or shared, you also grant other users of the Service a non-exclusive, royalty-free license to access and view that content within the Service.

Your representations

You represent and warrant that you have all rights necessary to submit Your Content and to grant the licenses above, and that Your Content does not infringe any third party's rights or violate any law.

Removal

We may, but are not obligated to, remove or restrict access to Your Content if we believe in good faith that it violates these Terms, infringes the rights of others, or creates risk for ApproachNote or its users.

6. Acceptable use

You agree not to use the Service to:

• Violate any law or the rights of others, including intellectual property and privacy rights.
• Upload or share content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that contains malware.
• Impersonate any person or misrepresent your affiliation with any person or organization.
• Interfere with or disrupt the Service, the servers or networks behind it, or other users' use of the Service.
• Probe, scan, or test the vulnerability of the Service or attempt to bypass any security or authentication measure.
• Use automated means, including bots and scrapers, to access the Service except via our published API and within its documented limits.
• Use the Service or its data to redistribute musical recordings, sheet music, or other copyrighted works in violation of the rights of the works' owners.

7. Third-party services and content

The Service displays and links to data from third parties, including but not limited to Spotify, Apple Music, YouTube, MusicBrainz, the Cover Art Archive, and Wikipedia. We are not responsible for the accuracy, completeness, availability, or content of those third-party services, and your use of them is governed by their own terms and policies. Streaming a track on Spotify or Apple Music, or watching a video on YouTube, may require a valid account and (where applicable) a subscription with that provider.

Recording metadata, performer information, and cover art shown in the Service may be sourced from MusicBrainz and the Cover Art Archive and is generally made available by those projects under open licenses (such as Creative Commons or public-domain dedications). Where attribution is required by the source license, the Service makes reasonable effort to credit the source.

Spotify

The Service uses the Spotify Web API to display track and album metadata, cover art, and links into Spotify (collectively, "Spotify Content"). With respect to Spotify Content you acknowledge and agree that:

• The Spotify Content is provided by Spotify "as is," and ApproachNote disclaims, on Spotify's behalf, all warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• You will not modify, reverse engineer, decompile, or disassemble the Spotify Web API, the Spotify Content, or the portions of the Service that integrate with them, except to the extent applicable law expressly permits.
• Spotify AB is a third-party beneficiary of these Terms, and on your acceptance Spotify has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

YouTube

The Service uses the YouTube API Services to surface video metadata and links to videos hosted on YouTube. By using the Service, you also agree to be bound by the YouTube Terms of Service, and you acknowledge that Google's Privacy Policy applies to your interactions with YouTube content accessed through the Service.

8. Intellectual property

The Service, including its software, design, the ApproachNote name and logo, and all original content we provide, is owned by ApproachNote and is protected by copyright, trademark, and other laws. Except for the limited license in Section 4, nothing in these Terms transfers any of those rights to you.

If you believe content on the Service infringes your copyright, please contact support@approachnote.com with a description of the work, the location of the allegedly infringing material, and your contact information.

9. Feedback

If you send us suggestions, ideas, or feedback about the Service, you agree that we may use them without obligation or compensation to you.

10. Termination

You may stop using the Service at any time and may request account deletion as described in our Privacy Policy. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Service. On termination, the licenses you received under Section 4 end, but Sections 5 (with respect to licenses already granted to other users for shared content), 8, 11, 12, 13, and 15 through 18 survive.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. To the fullest extent permitted by law, ApproachNote disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any information made available through the Service — including data sourced from third parties — is accurate, complete, or current.

The Service is a study and reference tool. Information about songs, recordings, performers, and releases is offered for informational purposes only and may contain errors or omissions.

12. Limitation of liability

To the fullest extent permitted by law, in no event will ApproachNote be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

In no event will ApproachNote's aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the amounts you have paid to ApproachNote in the twelve months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless ApproachNote from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any rights of another party.

14. Changes to the Service or Terms

We may modify or discontinue the Service, or any feature of it, at any time. We may also update these Terms from time to time. When we do, we'll change the "Last updated" date above. If the changes are material, we'll provide additional notice — for example, by email or an in-app notice. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree, your sole remedy is to stop using the Service.

15. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and ApproachNote agree that any dispute arising out of or relating to these Terms or the Service that is not subject to mandatory arbitration or small-claims jurisdiction will be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you consent to the personal jurisdiction of those courts.

16. Apple App Store

If you obtained the iOS or macOS app from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and ApproachNote, not Apple, and Apple is not responsible for the app or its content.
• Your license to use the app is limited to a non-transferable license to use the app on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to furnish maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• ApproachNote, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your use of it, including product-liability and intellectual-property claims, to the extent not disclaimed under these Terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced in them, are the entire agreement between you and ApproachNote concerning the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all our assets.
• Notices. We may give notices to you by email to the address associated with your account or by posting in the Service. You may give notices to us by email to support@approachnote.com.
• No agency. No agency, partnership, joint venture, or employment relationship is created between you and ApproachNote by these Terms.

18. Contact

Questions about these Terms? Reach us at support@approachnote.com.