Terms of Service

1. Acceptance of Terms

By accessing or using Museformer (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and James Garrick ("we," "us," or "our").

2. Description of Service

Museformer is a web-based music analysis platform that provides tools for musical form analysis and education. The Service includes a local-first editor that stores data in your browser, optional cloud storage for registered users, public project sharing capabilities, and community features including user profiles and comments.

3. User Accounts

3.1 Account Creation: Some features of the Service require you to create an account. You may register using Google OAuth or email with a one-time password (OTP). You must provide accurate and complete information during registration.

3.2 Account Security: You are responsible for maintaining the security of your account and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Age Requirements: Users under 13 years of age may use the local editor features without an account. Account creation and cloud features for users under 13 require verifiable parental consent in compliance with COPPA. By creating an account for a child under 13, you represent that you are the parent or legal guardian and consent to the collection and use of the child's information as described in our Privacy Policy.

4. User Content

4.1 Ownership: You retain full ownership of all content you create, upload, or share through the Service ("User Content"). We do not claim any ownership rights to your User Content.

4.2 License to Us: By uploading or sharing User Content through the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service. For public projects, this includes displaying your content to other users. This license terminates when you delete your User Content or your account.

4.3 Responsibility: You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to upload and share your User Content and that it does not violate any third party's intellectual property rights or other rights.

5. Community Guidelines

When using community features such as comments and public profiles, you agree to act respectfully toward other users. You will not post content that is harassing, threatening, defamatory, obscene, or otherwise objectionable. You will not impersonate others or misrepresent your affiliation with any person or entity. You will not use automated systems or bots to interact with the Service in ways that could harm the Service or other users.

6. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in violation of any applicable laws or regulations. You will not use the Service to distribute malware, spam, or other harmful content. You will not attempt to gain unauthorized access to the Service, other users' accounts, or any related systems or networks. You will not use the Service's communication features (such as comments) to facilitate illegal activities, including but not limited to fraud, harassment, stalking, or the distribution of illegal content. You will not interfere with or disrupt the Service or servers or networks connected to the Service.

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by James Garrick and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Third-Party Services

The Service integrates with third-party services including Google (for authentication), Supabase (for data storage), Sentry (for error monitoring), and Amazon SES (for email). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JAMES GARRICK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless James Garrick from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may also delete your account at any time through the Service settings. Sections 4, 7, 9, 10, 11, and 13 shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Tennessee.

14. 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 the Service and updating the "Effective Date" above. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and James Garrick regarding your use of the Service and supersede any prior agreements between you and us relating to the Service.

17. Contact Information

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

James Garrick

Email: jamesgarrick1027@gmail.com

Location: Tennessee, United States