Terms of Service

1. Agreement to Terms

By accessing or using MusicAPI ("Service"), operated by Hernas OU, a company registered in Estonia ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

MusicAPI provides an application programming interface (API) that enables developers to integrate music streaming services into their applications. The Service acts as an intermediary layer between your application and various digital service providers (DSPs) such as Spotify, Apple Music, and others.

3. Developer Requirements

To use the Service, you must:

• Obtain and maintain your own developer credentials from each DSP you intend to integrate
• Comply with the terms of service, developer agreements, and API usage policies of each DSP you access through our Service
• Be responsible for all agreements and relationships between you and the DSPs, including but not limited to licensing, compliance, and data handling requirements
• Ensure you have the legal right to use the DSP APIs in your jurisdiction

The Company is not responsible for your compliance with third-party DSP terms and conditions. You acknowledge that we do not provide DSP credentials and that you must obtain these independently.

4. Account Registration and Security

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials, API keys, and all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Immediately notify us of any unauthorized use of your account
• Be responsible for all use of your account, whether authorized or not

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws or regulations
• Violate any DSP terms of service, developer policies, or content licensing requirements
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the Service
• Use the Service to transmit viruses, malware, or other malicious code
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems connected to the Service
• Use the Service to harass, abuse, or harm others
• Share your API keys or account credentials with unauthorized third parties
• Resell or redistribute the Service without explicit written permission

6. API Usage and Rate Limits

Your use of the API is subject to rate limits and usage quotas as specified in your pricing plan. We reserve the right to:

• Monitor your API usage and enforce rate limits
• Suspend or terminate access if you exceed your allocated limits
• Modify rate limits and pricing with reasonable notice

7. Payment Terms

If you subscribe to a paid plan, you agree to pay all fees according to the pricing plan you selected. Payment processing is handled by our third-party payment processor, Stripe. By providing payment information, you:

• Authorize us to charge your payment method for all fees incurred
• Agree to pay all applicable taxes
• Acknowledge that fees are non-refundable except as required by law or as explicitly stated
• Accept that we may change pricing with 30 days' notice

8. Intellectual Property

The Service, including all software, algorithms, designs, and documentation, is owned by Hernas OU and protected by intellectual property laws. These Terms do not grant you any ownership rights to the Service. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

You retain all rights to the applications and content you create using the Service. However, you grant us a limited license to use your data as necessary to provide and improve the Service.

9. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to our data practices as described in the Privacy Policy.

You are responsible for ensuring that your use of user data obtained through the Service complies with all applicable privacy laws and DSP requirements, including but not limited to GDPR and other data protection regulations.

10. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted or error-free access. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Perform scheduled and emergency maintenance
• Update or change the API without prior notice

We are not liable for any losses resulting from Service interruptions, modifications, or DSP unavailability.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability of the Service
• Warranties that the Service will meet your requirements or that defects will be corrected

We do not warrant that the Service will be compatible with all DSPs or that DSP integrations will remain functional. DSP availability and compatibility are subject to change at the discretion of the respective DSPs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERNAS OU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of the Service
• Any bugs, viruses, or other harmful code
• Any errors or omissions in content or data
• Any third-party conduct or content, including DSPs

Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hernas OU and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including DSP terms of service
• Your violation of any laws or regulations

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us at [email protected].

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for all fees incurred prior to termination
• Sections of these Terms that by their nature should survive termination will continue to apply

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Estonia.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hernas OU regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

18. Contact Information

If you have any questions about these Terms, please contact us at: