Terms of use
Last updated: November 29, 2024
These Terms of Use (“Terms”) and our Privacy Policy, incorporated herein by reference, form a legally binding agreement between you, the user of our app and services, or a visitor to our website (https://tune-tracker.com/), and Revolved Design, the parent company of Tune Tracker (“Tune Tracker,” “Company,” “we,” “us,” or “our”).
1. Introduction
By using our app, creating an account, or accessing our services (including paid features), you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must immediately stop using the services, uninstall the app, and delete your account.
Our data collection and usage practices are outlined in our Privacy Policy, which is incorporated into these Terms.
2. Additional Terms and Agreements
To access Tune Tracker, you must log in with your Spotify account. By logging in, you agree to Spotify's Privacy Policy and Terms of Use.
3. Eligibility
By agreeing to these Terms, you represent and warrant that you are at least 12 years old and legally eligible to enter into this agreement. You further represent and warrant that you are not prohibited by any legal authority, court order, or law from entering into this agreement.
4. Amendments
We reserve the right to modify or update these Terms at any time, at our discretion. Any changes will take effect 30 days after the updated Terms are published or upon notice being provided to you. The "Last Modified" date at the top of these Terms will indicate the most recent revision. Your continued use of the Services after the changes take effect signifies your acceptance of the updated Terms, and you agree to be bound by them. In the event of significant changes to these Terms or the Services, we will notify you through the appropriate communication channels.
5. Services Overview
Tune Tracker provides insights into your listening habits, notifications for new music releases, and personalized stats. These services are licensed for personal use and may be modified or discontinued at our discretion.
6. Account Registration
To access Tune Tracker, you must create an account by logging in through Spotify. Providing accurate and valid Spotify account information is required. Misuse or false information may result in suspension or termination of your account.
7. Payment and Subscription
Some features require a paid subscription. Subscriptions are processed via Stripe and auto-renew unless canceled. Users can manage their subscriptions through the account page. Payments are non-refundable unless stated otherwise.
8. Restrictions of use
The App and Services are intended for your personal, non-commercial use. By using the App and Services, you agree not to, directly or indirectly: (a) copy, modify, adapt, disassemble, translate, decompile, reverse engineer, bypass, hack, or attempt to derive the source code or gain unauthorized access to the App or Services, or interfere with their security features or operations; (b) reproduce, create derivative works, distribute, publicly perform, or publicly display the content of the Services without our prior written consent (except where permitted by applicable law); (c) exploit the Services or any part of them for commercial purposes; (d) use the App or Services for fraudulent or unlawful activities; (e) use the App or Services in violation of these Terms; (f) claim any proprietary rights to the content, materials, or any element, modification, or variation of the Services, or remove, obscure, or alter any notices of ownership or disclaimers; or (g) use our name, logo, or trademarks without our prior written permission.
We will investigate any potential violations of these Terms and, if necessary, report them to law enforcement. We reserve the right to suspend access to the App or Services for any user we believe has breached or is likely to breach these Terms. Additionally, we may limit or block access to our Services at our sole discretion, with or without cause.
9. Disclaimer and Limitation of Liability
You acknowledge and agree that the App, its Services, and all associated content and features are provided on an “as is,” “as available,” and “with all faults” basis. Your use of the App and Services is at your sole risk, to the fullest extent permitted by law.
We disclaim all express and implied warranties regarding the App and Services, including but not limited to warranties of fitness for a particular purpose, merchantability, title, non-infringement, accuracy, completeness, accessibility, compatibility, reliability, availability, timeliness, quality, or freedom from viruses. Where applicable law does not allow the exclusion of some or all implied warranties, these exclusions shall apply to the maximum extent permitted by law.
Tune Tracker shall not be liable for any damages resulting from software malfunctions, defects, or interruptions in access to the Services, including cancellation or termination. We are not responsible for any inaccuracies, errors, or omissions in the content displayed on the App or Services.
While we strive to ensure the accuracy and reliability of the information provided, it may not always be comprehensive, current, or applicable to your needs. Any decisions you make based on the information and tools offered through the Services are at your sole discretion and risk.
Please note that the App and Services may not be compatible with all devices and require an uninterrupted internet connection. Connectivity issues may impact functionality and access to the Services.
Your use of the Services is entirely at your own risk. Tune Tracker is not responsible for any decisions made or outcomes derived from the use of the content and tools provided. If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue use.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney's fees) resulting from:
- (a) your use of the Services in violation of these Terms, including negligence or wrongful acts;
- (b) your misuse of the Services or infringement on the rights of third parties; and
- (c) your breach of any applicable laws, regulations, or policies.
This indemnification obligation will remain in effect even after these Terms have been terminated or your use of the Services has ended.
11. Termination
You may terminate these Terms and stop using the Services at any time. To do so, you can:
- (a) delete your account through the account page; or
- (b) uninstall the App from your device; or
- (c) cancel your subscription plan, if applicable, as outlined in the Payment and Subscription section.
We reserve the right to terminate these Terms or your access to any or all parts of the Services at any time, with or without cause, and with or without prior notice, effective immediately. Such termination may include the deletion of all data and information associated with your use of the Services. Additionally, we may modify, suspend, or discontinue any aspect of the Services at any time without notice or liability, except as required by applicable law. If significant changes to the Services will materially affect you, we will make reasonable efforts to inform you.
Upon termination or expiration of these Terms, all rights and licenses granted to you will immediately cease, and you must stop using the Services. Any provisions of these Terms that are intended to survive termination will remain in effect.
12. Governing law and Jurisdiction
This Agreement, along with any disputes or claims (including those of a non-contractual nature) arising from or related to its subject matter or formation, shall be governed by and interpreted under the laws of The Netherlands. Both Parties irrevocably consent to the exclusive jurisdiction of the courts of The Netherlands for resolving any disputes or claims (including non-contractual disputes or claims) related to this Agreement or its subject matter or formation.
12. Miscellaneous
These Terms represent the entire agreement between the parties regarding the terms of use. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. You are not permitted to assign or transfer these Terms, or any rights or obligations under them, whether by operation of law or otherwise. We reserve the right to assign or transfer these Terms and delegate any obligations at our sole discretion. Our decision not to enforce any part of these Terms in response to a breach by you or others does not waive our right to address future or similar breaches.
13. Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected].
- Tune Tracker is a product of Revolved Design
- Registration number: 77109147
- Address: Revolved Design, De Vlasakker 12, 5555LH Valkenswaard, The Netherlands