Terms of Service

The SoundCheckd mobile application and the website at soundcheckd.app (together, the "Service") are operated by FLY HIGHER ("FLY HIGHER", "we", "us", "our"), a partnership (vennootschap onder firma) established in the Netherlands. SoundCheckd is a product of FLY HIGHER. These Terms of Service (the "Terms") constitute a binding agreement between you and FLY HIGHER and govern your access to and use of the Service. By creating an account, downloading the app, or otherwise using the Service, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, you must not use the Service. Our Privacy Policy, available at soundcheckd.app/privacy, forms part of these Terms and is incorporated by reference.

To use the Service you must register an account and provide information that is accurate, current, and complete, and keep it up to date.

You must be at least 13 years of age to use the Service. Where the law of your country of residence sets a higher minimum age for using an online service or for consenting to the processing of your personal data, that higher age applies to you and you may not use the Service until you reach it. We treat the applicable minimum age as a condition of access: if we become aware that an account holder is below it, we will terminate the account and delete the associated personal data.

You are responsible for safeguarding your credentials and for all activity carried out under your account. You must not share your credentials or permit any other person to access the Service through your account, and you must notify us at info@soundcheckd.app without undue delay if you become aware of any unauthorised use.

SoundCheckd is a social service. Unless you set your account to private, your profile and the content you post — including your ratings, reviews, concert logs, playlists, comments, collection entries, and Recordings — are public and can be viewed by other users of the Service and, where applicable, by anyone on the web. If you set your account to private in the app settings, your content is visible only to followers you have approved. You are responsible for choosing the visibility setting that suits you, and you should not post anything you are not comfortable sharing at the visibility level you have chosen. Content that was public before you switched to a private account may already have been seen, shared, or copied by others.

You must not use the Service to post, transmit, or otherwise make available content that is unlawful, hateful, harassing, defamatory, threatening, or abusive. You must not impersonate any person or entity, including other users and public figures, or misrepresent your affiliation with any person or entity. You must not spam, scrape, crawl, or otherwise extract data from the Service by automated means, nor reverse-engineer, decompile, or disassemble any part of the app, except to the extent that such a restriction is prohibited by applicable law. You must not interfere with or circumvent the security measures, rate limits, or access controls of the Service. You must not record or upload audio or video of another identifiable person without any consent required by the law of your location. You must not use the Service for any unlawful purpose or in any manner that breaches these Terms.

The Service consists substantially of content created by users ("User Content"): ratings, reviews, concert logs, playlists, comments, photographs, audio and video recordings, and other materials submitted by you and by other users.

You retain all ownership rights in your User Content. By submitting User Content you grant us a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt for technical purposes, publish, display, and distribute that User Content for the sole purpose of operating, providing, and promoting the Service. That licence terminates when you delete the User Content or your account, except in respect of User Content that other users have already shared and copies we are required to retain to comply with a legal obligation.

You warrant that you own or are otherwise licensed to use your User Content and that it does not infringe the rights of any third party. You are solely responsible for your User Content, including its accuracy and lawfulness.

User Content is not authored, endorsed, or verified by us. Opinions expressed in ratings, reviews, and comments are those of the users who post them and do not represent our views. We do not review User Content before it is posted, and we make no warranty as to its accuracy, quality, or lawfulness. If you encounter content that you believe breaches these Terms, report it using the reporting function in the app.

SoundCheckd Plus is an auto-renewable subscription that removes advertising and unlocks additional features. It is sold as an in-app purchase and billed to the Apple Account associated with your device, at the subscription title, duration, and price disclosed to you in the app before you confirm the purchase. Payment is charged to your Apple Account upon confirmation of purchase.

Your subscription renews automatically for a further period of the same length, at the then-current price, unless you turn off auto-renewal at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours preceding the end of the current period. You can view your subscription and turn off auto-renewal at any time in your Apple Account settings. Cancellation stops future renewals and takes effect at the end of the period already paid for; it does not entitle you to a refund of the period in progress. Where we offer a free trial, any unused portion of that trial is forfeited when you purchase a subscription.

All payments are processed by Apple Inc. We do not process payments, do not receive your payment details, and cannot issue App Store refunds; refunds are granted by Apple Inc. in accordance with its own policies. Your purchase is also governed by the Apple Media Services Terms and Conditions, available at apple.com/legal/internet-services/itunes, and by the standard End User Licence Agreement at apple.com/legal/internet-services/itunes/dev/stdeula.

If we change the subscription price, we will notify you in advance and, where required by Apple Inc. or by applicable law, obtain your consent before the new price applies to you. If you do not consent, your subscription will not renew at the new price.

Some features let you record audio, and in future video, in the app to accompany a rating or review ("Recordings"). Recording uses your device microphone, and in future its camera, only while you are actively recording, and only after you have granted the relevant permission. You can withdraw that permission at any time in your device settings, in which case the feature stops working. We do not access your microphone or camera at any other time, and the app does not record in the background.

Recordings are User Content, and the User generated content section applies to them in full. You are responsible for what you record. You must not record another identifiable person without any consent required by the law of your location, and you must not record where the venue or organiser prohibits it. A live musical performance is protected by copyright and related rights belonging to the performers, the writers, and often the venue or promoter: you must not upload a Recording that consists of, or substantially contains, a performance you do not hold the rights to share. This feature is intended for your own spoken review, not for capturing a performance.

The app limits how long a Recording may be. We store a Recording for as long as the rating or review it belongs to exists; deleting that rating or review, or your account, removes it in accordance with our Privacy Policy. Recordings are subject to the same moderation and reporting process as any other User Content, and may be removed if they breach these Terms.

You use the Service at your own risk. Before using the Service, you should understand and accept the following risks.

Public exposure. Unless your account is private, everything you post is public. Other people may see, quote, screenshot, or redistribute your content outside the Service, and we cannot retrieve or delete copies made by others.

Interaction with other users. The Service allows interaction with other users whom we do not vet. You may encounter content or behaviour that you find inaccurate, offensive, or otherwise objectionable despite our moderation efforts. You are responsible for your interactions with other users; exercise the same caution you would with strangers elsewhere.

Third-party content. Album, artist, and track metadata, artwork, and advertisements are supplied by third parties. We do not control and are not responsible for their accuracy or content.

Availability and data loss. The Service may be interrupted, modified, or discontinued, and data may be lost, as described in the Availability section. You remain responsible for retaining your own copies of any content that matters to you.

Legal responsibility for what you post. You are legally responsible for your own User Content, including Recordings. Posting content that infringes copyright, defames another person, or violates recording or privacy laws can expose you to claims by third parties.

Spending. SoundCheckd Plus is a paid subscription that renews automatically until you cancel it. Understand the billing terms in the Subscriptions and payments section before purchasing.

How the subscription works. SoundCheckd Plus is an optional, auto-renewable subscription that removes advertising and unlocks additional features. The free version of the Service remains available without a subscription. SoundCheckd Plus is sold as an in-app purchase and billed to the Apple Account associated with your device, at the subscription title, duration, and price disclosed to you in the app before you confirm the purchase. Payment is charged to your Apple Account upon confirmation of purchase.

Automatic renewal. Your subscription renews automatically for a further period of the same length, at the then-current price, unless you turn off auto-renewal at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours preceding the end of the current period.

How to cancel. You can view your subscription and turn off auto-renewal at any time in your Apple Account settings (on your device: Settings, your name, Subscriptions). Cancellation stops future renewals and takes effect at the end of the period already paid for; it does not entitle you to a refund of the period in progress. Deleting the app or your SoundCheckd account does not cancel the subscription: you must cancel it in your Apple Account settings.

Free trials. Where we offer a free trial, the trial converts automatically into a paid subscription at its end unless you cancel before it ends, and any unused portion of the trial is forfeited when you purchase a subscription.

Payment processing and refunds. All payments are processed by Apple Inc. We do not process payments, do not receive your payment details, and cannot issue App Store refunds; refunds are granted by Apple Inc. in accordance with its own policies, and can be requested at reportaproblem.apple.com. Your purchase is also governed by the Apple Media Services Terms and Conditions, available at apple.com/legal/internet-services/itunes, and by the standard End User Licence Agreement at apple.com/legal/internet-services/itunes/dev/stdeula.

Price changes. If we change the subscription price, we will notify you in advance and, where required by Apple Inc. or by applicable law, obtain your consent before the new price applies to you. If you do not consent, your subscription will not renew at the new price.

The Service is free to use and, for accounts without an active SoundCheckd Plus subscription, is funded by advertising. By using the Service without an active subscription you agree that we may display advertisements. Advertising is served through Google AdMob, which is provided by Google Ireland Limited for users in the European Economic Area, the United Kingdom, and Switzerland, and by Google LLC for users elsewhere. We may also display promotions for our own features and for SoundCheckd Plus. The personal data processed in connection with advertising, the consent we obtain for it, and how you may withdraw that consent are described in our Privacy Policy at soundcheckd.app/privacy.

We reserve the right, but assume no obligation, to review, moderate, and remove User Content that breaches these Terms, and to suspend or terminate accounts that repeatedly or seriously breach them. You may report content or accounts using the reporting function in the app. We review all reports and take such action as we consider appropriate. If you believe that content on the Service infringes your copyright or other intellectual property rights, notify us at info@soundcheckd.app with sufficient detail to identify the content and the right concerned, and we will review the notice and, where appropriate, remove or disable access to that content.

The SoundCheckd name, logo, app, website, and the software, design, and text comprised in them are owned by or licensed to FLY HIGHER and are protected by copyright, trade mark, and other intellectual property laws. Album, artist, and track metadata and artwork are supplied by Apple Inc. through Apple Music and remain the property of their respective owners; your use of that material is subject to the terms of Apple Inc. Save for the limited right to use the Service as these Terms intend, no right, title, or interest in our intellectual property or that of any third party is granted to you.

You may delete your account at any time from within the app. We may suspend or terminate your account, with or without prior notice, if you violate our Terms of Service, if we are required to do so by law, or if your continued access presents a risk to other users or to the Service. On termination, your User Content will be removed from the Service in accordance with our Privacy Policy.

Any active subscription remains governed by the terms of Apple Inc. Deleting your SoundCheckd account does not cancel, suspend, or refund a subscription purchased through Apple Inc.; you must cancel it separately in your Apple Account settings.

The provisions of these Terms which by their nature are intended to survive termination — including User generated content, Intellectual property, Disclaimers and limitation of liability, Indemnification, and Governing law — remain in effect after your account ends.

We endeavour to keep the Service available at all times but do not warrant uninterrupted or error-free access. We may carry out maintenance, deploy updates, and modify or discontinue features, and we may suspend the Service in whole or in part. Where a change is material and within our control, we will give reasonable notice unless the change is required for security or legal reasons. To the fullest extent permitted by applicable law, we are not liable for unavailability of the Service or for any loss of data arising from it, and you remain responsible for retaining your own copies of any content that matters to you.

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service, whether the claim is founded in contract, tort, or any other legal theory. Our aggregate liability to you for all claims arising out of or in connection with the Service or these Terms shall not exceed the total amount you have paid us in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you use the Service as a consumer, nothing in these Terms affects your mandatory statutory rights.

You agree to indemnify and hold us harmless from and against any third-party claim, demand, liability, damage, loss, or reasonable cost, including legal fees, arising out of your User Content, your use of the Service, or your breach of these Terms, except to the extent that the claim results from our own negligence or wilful misconduct. This section applies only to the extent it is enforceable against you under applicable law, and does not apply where you use the Service as a consumer and the law of your country of residence prohibits such an obligation.

These Terms are concluded between you and FLY HIGHER only, and not with Apple Inc. Apple Inc. is not responsible for the app or its content. The licence granted to you is a limited, non-transferable licence to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. Apple Inc. has no obligation to furnish any maintenance or support services in respect of the app; we are solely responsible for providing any maintenance and support for it. In the event that the app fails to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund the purchase price of the app to you; to the maximum extent permitted by applicable law, Apple Inc. has no other warranty obligation whatsoever in respect of the app. Apple Inc. is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple Inc. is not responsible for the investigation, defence, settlement, or discharge of any third-party claim that the app infringes intellectual property rights. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, have the right to enforce these Terms against you. You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a terrorist-supporting country, and that you are not listed on any US Government list of prohibited or restricted parties.

These Terms, and any non-contractual obligation arising out of or in connection with them, are governed by the laws of the Netherlands. The courts of the Netherlands have jurisdiction over any dispute arising out of or in connection with these Terms. If you use the Service as a consumer resident in the European Union, you retain the protection of the mandatory provisions of the law of your country of residence and may also bring proceedings before the courts of that country.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to the Service and supersede any prior agreement or understanding relating to it. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganisation, or sale of assets, provided that your rights under these Terms are not thereby diminished; you may not assign or transfer these Terms without our prior written consent. Our failure to enforce any provision is not a waiver of that provision, and no waiver is effective unless made in writing.

We may amend these Terms from time to time, for example to reflect a change in the Service, in our business, or in applicable law. When we do, we will update the date shown above and, where the amendment is material, notify you in the app before it takes effect. Your continued use of the Service after the amended Terms take effect constitutes acceptance of them. If you do not accept the amended Terms, you must stop using the Service, and you may delete your account at any time.

For any question relating to these Terms, contact SoundCheckd at info@soundcheckd.app.