These Terms of Service ("Terms") govern your access to and use of Songkeeper's website, desktop applications, mobile applications, and services (collectively, the "Service") operated by Songkeeper ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Description of Service
Songkeeper is a music production management platform designed for producers, mixers, mastering engineers, songwriters, and artists. The Service is available via web browser, macOS desktop application, and iOS mobile application. The Service provides tools for:
- Managing songs, recordings, and audio files
- Capturing and organizing musical ideas and audio recordings
- Tracking songwriting credits and royalty splits
- Generating and managing split sheets
- Managing contacts and artist relationships
- Sharing files, projects, and playlists with collaborators and clients
- Receiving file submissions from clients and collaborators via inbox
- Tracking share analytics (views, plays, downloads) for shared content
- Creating and managing playlists
- Managing releases and distribution metadata
- Storing and organizing production assets
- Project billing and invoicing tools
2. Account Registration
To use certain features of the Service, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate
- Keep your password secure and confidential, and not share your account credentials
- Maintain the security of any two-factor authentication methods enabled on your account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are at least 18 years of age.
3. Subscriptions and Payments
3.1 Subscription Plans
The Service offers subscription-based access with multiple tiers. Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected). By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Each plan includes specific storage limits, features, and usage allowances.
3.2 Storage Add-Ons
You may purchase additional storage capacity beyond what is included in your subscription plan. Storage add-ons are billed separately and subject to the same billing cycle as your subscription.
3.3 Free Trials and Promotional Offers
We may offer free trials or promotional coupons at our discretion. At the end of a trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.
3.4 Automatic Renewal
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can cancel your subscription at any time through your account settings.
3.5 Refunds
Subscription fees are non-refundable except as required by applicable law or at our sole discretion. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period.
3.6 Price Changes
We reserve the right to modify subscription prices. Price changes will take effect at the start of your next billing cycle following notice of the change.
4. User Content
4.1 Your Content
You retain all ownership rights to the content you upload, submit, or create through the Service ("User Content"), including but not limited to audio files, songs, recordings, lyrics, metadata, contact information, and any other data you provide.
4.2 License to Songkeeper
By uploading User Content, you grant Songkeeper a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely to provide and improve the Service. This license terminates when you delete your User Content or account, except for copies retained in backups or required by law.
4.3 Content Responsibility
You are solely responsible for:
- Ensuring you have all necessary rights to upload and share your User Content
- The accuracy and legality of your User Content
- Compliance with all applicable laws regarding your User Content, including copyright and privacy laws
- Obtaining all necessary consents before uploading content that contains personal information of third parties
4.4 Content Verification
Songkeeper does not verify, endorse, or guarantee the accuracy, completeness, or quality of any User Content. We are not responsible for any errors, omissions, or misrepresentations in User Content.
5. Data Storage and Backup Responsibility
5.1 Not a Backup Service
Songkeeper is a music production management tool, not a backup or archival service. The Service is not designed or intended to be your sole or primary means of storing your files, recordings, or any other content. You should not rely on Songkeeper as your only copy of any content.
5.2 Your Responsibility to Maintain Backups
You are solely responsible for maintaining independent backup copies of all content you upload to the Service. We strongly recommend following industry-standard backup practices, such as maintaining multiple copies of important files across different storage locations and media types.
While we take reasonable measures to protect your data (including encryption at rest and redundant storage infrastructure), no cloud service can guarantee against data loss. Data may be lost or become inaccessible due to hardware failure, software defects, security incidents, account termination, service discontinuation, or other causes beyond our control.
5.3 No Liability for Data Loss
Songkeeper accepts no liability for loss of or damage to your User Content, regardless of cause. This includes, without limitation, loss due to service outages, infrastructure failures, accidental deletion, security breaches, or service discontinuation. By using the Service, you acknowledge that you have been advised to maintain independent backups and accept full responsibility for any consequences of failing to do so.
5.4 Data Export
We provide tools and processes to help you export your data from the Service. We recommend regularly exporting important content as part of your backup strategy.
6. Sharing and Collaboration Features
6.1 Shared Content
The Service allows you to share files, projects, playlists, and other content with third parties through access links. When you share content:
- You are responsible for who you share content with and the permissions you grant (including listen-only, download, and full access levels)
- You acknowledge that recipients may view, download, or interact with shared content according to the permissions you set
- You can revoke access at any time, but cannot control content already downloaded by recipients
- Optional protections such as passwords, expiration dates, and view limits are your responsibility to configure
6.2 Share Analytics
The Service tracks analytics on shared content, including views, plays, downloads, approximate geographic location, and playback behavior. This data is provided for your informational purposes. You are responsible for disclosing analytics collection to your recipients if required by applicable privacy laws in your jurisdiction.
6.3 Inbox and Client Uploads
If you enable file upload features allowing clients or collaborators to submit files to your account, you are responsible for managing those submissions and ensuring they comply with these Terms. Submitted files are held in a temporary inbox until you accept or reject them. We may log submitter information, including IP addresses, for security purposes.
6.4 Comments and Feedback
The Service may allow users to leave comments and feedback on shared content. You are responsible for any comments you post and must not post content that is defamatory, harassing, or otherwise violates these Terms.
7. Split Sheets and Royalty Tracking
7.1 Template Tool Only
The split sheet feature provided by Songkeeper is a template tool for your convenience only. Songkeeper provides a format and structure to help you document ownership information, but we are NOT a legal service, law firm, Performing Rights Organization (PRO), music publisher, collection society, or royalty administrator.
7.2 No Legal Advice or Representation
Split sheets generated through the Service are templates only and do NOT constitute legal documents, legal advice, or legal representation. Songkeeper makes no representations or warranties regarding the legal validity, enforceability, or sufficiency of any split sheet created using the Service.
You are solely responsible for determining whether a split sheet meets your legal needs and complies with applicable laws in your jurisdiction. We strongly recommend having all ownership and royalty agreements reviewed by a qualified entertainment attorney before relying on them for any legal purpose.
7.3 No Liability for Split Sheet Disputes
Songkeeper accepts NO liability whatsoever for any disputes, claims, losses, or damages arising from split sheets created using the Service, including but not limited to:
- Disputes between collaborators over ownership percentages
- Claims that a split sheet is invalid or unenforceable
- Losses resulting from reliance on split sheet information
- Failure to properly document or execute ownership agreements
- Any legal action arising from split sheet content
7.4 PRO Registration
Songkeeper does not register works with PROs, mechanical rights organizations, SoundExchange, or any other royalty collection entities. You are solely responsible for registering your works with appropriate organizations to collect royalties. A split sheet created in Songkeeper does not register or protect your work in any way.
7.5 Accuracy of Information
You are solely responsible for the accuracy of all royalty splits, ownership percentages, IPI numbers, ISRC codes, ISWC codes, and other metadata entered into the Service. Songkeeper does not verify, validate, or confirm any information you enter and accepts no liability for errors, omissions, disputes, or losses arising from inaccurate or incomplete data.
7.6 No Guarantee of Payment
Tracking royalty information in Songkeeper does not guarantee you will receive any payments. Actual royalty collection depends on proper registration with collection societies, valid legal agreements, and the terms of your arrangements with publishers, labels, and other parties.
8. Third-Party Services and Data
8.1 Third-Party Integrations
The Service may integrate with or rely upon third-party services, including but not limited to:
- Cloud storage providers (Backblaze B2)
- Content delivery networks (Cloudflare)
- Payment processors (Stripe)
- Email delivery services (Resend)
- Authentication providers (Google OAuth)
Your use of these integrations may be subject to the terms and conditions of those third-party providers.
8.2 Data Accuracy
All data provided through third-party integrations is displayed "as is" without verification or warranty by Songkeeper. We cannot guarantee the completeness, accuracy, timeliness, or reliability of third-party data.
8.3 Third-Party Links
The Service may contain links to third-party websites or services. Songkeeper is not responsible for the content, privacy policies, or practices of third-party sites.
9. API Access
The Service may provide API keys for programmatic access. You are responsible for keeping your API keys secure and are liable for all activity conducted through your API keys. We may revoke API access at any time if we detect misuse or violation of these Terms.
10. Intellectual Property
10.1 Songkeeper's Intellectual Property
The Service, including its design, features, functionality, software, text, graphics, logos, and other content (excluding User Content), is owned by Songkeeper and protected by copyright, trademark, and other intellectual property laws.
10.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
10.3 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or alter any proprietary notices or labels on the Service
- Use the Service to build a competitive product or service
- Resell, sublicense, or provide the Service to third parties without authorization
11. Prohibited Conduct
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Upload content that infringes intellectual property rights or contains illegal material
- Use the Service to harass, abuse, or harm others
- Transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or its infrastructure
- Use automated means (bots, scrapers) to access the Service without permission
- Circumvent any access controls, rate limits, or security measures
- Misrepresent your identity or affiliation
- Use the Service for any fraudulent or deceptive purposes
12. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.
13. Termination
13.1 Termination by You
You may request deletion of your account at any time through your account settings or by contacting us. Account deletion requests are processed within a reasonable timeframe, during which you may cancel the request.
13.2 Termination by Songkeeper
We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including if we reasonably believe you have violated these Terms.
13.3 Subscription Cancellation and Grace Period
If you cancel your subscription, you will retain access to paid features until the end of your current billing period. After your subscription expires, we may provide a limited grace period during which your data remains stored and accessible in a read-only capacity. After the grace period, your account may be transitioned to a free tier or your data may be queued for deletion. We will make reasonable efforts to notify you before any data deletion occurs.
13.4 Effect of Account Deletion
Upon account deletion:
- Your right to access and use the Service terminates immediately
- Your User Content will be permanently deleted from our active systems, though it may persist in backups for a limited period
- Shared content that has already been accessed or downloaded by recipients cannot be recalled
- Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnification, and limitations of liability
13.5 Data Export
We strongly recommend exporting all data you wish to retain before requesting account deletion or allowing your subscription to expire. You may request a copy of your data prior to deletion in accordance with our Privacy Policy. Once deletion is complete, we cannot recover your data.
14. 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, non-infringement, and course of dealing.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
- The results obtained from the Service will be accurate or reliable
- The Service will meet your specific requirements or expectations
- Your data will be preserved indefinitely or without loss (see Section 5)
- Any third-party data or integrations will be accurate, complete, or available
You acknowledge that you use the Service at your own risk and are solely responsible for any damage to your computer system or loss of data that results from such use.
15. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Songkeeper, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for:
- Loss of profits, revenue, or business opportunities
- Loss of data or User Content
- Loss of goodwill or reputation
- Errors, inaccuracies, or omissions in royalty tracking or split sheet information
- Unauthorized access to or alteration of your data
- Failure to maintain backups or reliance on the Service as a sole storage solution
- Any third-party conduct or content
- Any matter relating to the Service
Our total liability for all claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid to Songkeeper in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100 USD).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Songkeeper and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any dispute between you and a third party regarding royalty splits, ownership, or payments
17. 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 "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
18.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, any legal action or proceeding shall be brought exclusively in the courts of the Province of Ontario, Canada, and you consent to the jurisdiction of such courts.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Songkeeper regarding the Service.
19.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
19.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
19.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
19.5 Notices
We may provide notices to you via email, through the Service, or by other reasonable means. You may contact us at the address provided below.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]