Terms of Use
Last updated: November 6, 2023
By using the Service, you (End-user) acknowledge full acceptance of the Terms and Conditions. Services associated with the Website and App, jointly referred to hereinafter as the Service, are created, developed, and provided by SongChef(SC). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
End-User License Agreement for Apps available through the App Store
1. Acknowledgement: This agreement is between you (End-User), and Song Chef LLC (SC), and not with Apple. Song Chef LLC, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: A license granted is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: Song Chef LLC is solely responsible for providing maintenance and support services with respect to the Licensed Application as required under applicable law. Song Chef LLC and the End-User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Song Chef LLC is solely responsible for product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: Song Chef LLC and the End-User acknowledge that Song Chef LLC, not Apple, are responsible for addressing any claims relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: Song Chef LLC and the End-User acknowledges that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Song Chef LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The End-User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: End-User questions, complaints or claims with respect to the Licensed Application should be directed to:
Song Chef LLC
369 Montezuma Ave #169
Santa Fe, New Mexico, 87501
Telephone Number: (505) 603-8101
E-Mail Address: support@songchef.app
9. Third Party Terms of Agreement: The End-User must comply with applicable third party terms of agreement when using Song Chef. End-User must not be in violation of their wireless data service agreement when using Song Chef.
10. Third Party Beneficiary: Song Chef LLC and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this use agreement, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
Subscriptions
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”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it. You may cancel at anytime in Settings > Apple ID at least one day before each renewal date. Plan automatically renews until cancelled.
Free Trial
Song Chef LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Song Chef LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such a Free Trial offer.
Fee Changes
Song Chef LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Intellectual property, copyright, service marks, and trademark notices
SC is the owner of the intellectual property rights and holds the rights of use over all items accessible on the Service, such as brands, logos, illustrations, graphics, icons, images, photos, sounds, texts, or computer codes of its own production. SongChef, the bird wearing a hat, and tag lines including 'Say it with a Song' are service marks of Song Chef LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Song Chef.
The look and feel of all the Services, including our websites, as well as page headers, button icons and scripts related to same, is a service mark and may not be copied, imitated or used, in whole or in part, without the prior written permission of Song Chef. Any reproduction, representation, modification, publication, distribution, and adaptation of all or part of the items of the Service is prohibited.
The audio files made available to users of the Service via the musical compositions and sound recordings are subject to the same rules. All sound recordings offered on the Service for use in composing songs obtained via the Service are the exclusive property of SC. Consequently, any audio files downloaded from the Service can only be used for personal and non-commercial purposes.
Any reproduction, transmission, sale, separation, alteration, or modification other than for personal aims is strictly prohibited. Any use other than for personal and non-commercial purposes must be authorized in writing, in advance, by SS. The User may only modify the WAV/MP3 format of the downloaded audio file to make it compatible with his/her player and for his/her strictly personal use.
Personal data management
By using the Service, you accept the terms of our Privacy Policy. No personal information of users of the Service is published without the user's knowledge, or exchanged, transferred, disclosed, or sold to third parties.
SC cannot be held liable for any direct or consequential damages sustained by the user's hardware during access to the Service that arise from either a bug or incompatibility, whether as a result of the use of hardware not meeting the specifications.
Our Service may contain links to third-party services that are not owned or controlled by Song Chef. SC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SC 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 third-party websites or services.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Song Chef LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Service, by you or any person using your account and password.
Limitation Of Liability
In no event shall Song Chef LLC, nor its directors, employees, partners, 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 your access to or use of or inability to access or use the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
Questions?
If you have any questions about these Terms of Use, please contact us support@songchef.app