Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between Bole-Bole LLC, a Wyoming, USA LLC ("Company," "we," or "us"), and each user ("User"), governing access to and use of the Company's app, website, and/or other services (collectively, the "Services"). By creating an account, accessing, or using the Services, the User agrees to these Terms and our Privacy Policy. If the User does not agree, the User must not access or use the Services.

2. Eligibility and Accounts

• Eligibility: Users must be at least the age of majority in their jurisdiction or have verifiable parental consent where permitted by law.
• Account Registration: Users must provide accurate, current, and complete information and keep it updated.
• Security: Users are responsible for safeguarding login credentials and for all activity under their account. Users must notify us immediately of any suspected unauthorized access or breach.

3. Description of Services

The Services provide tools for music collaboration, including project workspaces, file sharing, messaging, versioning, invitations between individual Users, event signups, and lessons. Features may change, be added, or removed at any time. Certain features may require paid subscriptions or one-time fees as described at purchase.

4. User Content and Contributions

• Definitions: "User Content" includes any materials uploaded, posted, or otherwise provided to or through the Services by a User.
• Originality and Permissions: Users may upload only content they own or are authorized to use. Users are solely responsible for clearing third-party rights (including samples, beats, loops, artwork, and fonts) and for any payments owed to third parties.
• Users may not upload User Content other than materials required specifically for the Company's intended use of the Services as a social network for musical collaboration.
• No Platform Ownership of User Content: Except for the limited licenses granted in Section 6, the Services do not claim ownership of User Content. Each User retains all right, title, and interest in and to their contributions to User Content.

5. Copyright Ownership and Collaboration Principles

• Ownership Retained: No contributor may claim copyright in any User Content provided by one or more other Users. No ownership is transferred to the Company by virtue of using the Services.
• Joint Works: No User may commercially exploit User Content of other Users except as all such Users may agree in a written agreement.
• Credits: The Services do not verify metadata associated with User Content.
• Moral Rights: Where applicable law recognizes moral rights (e.g., attribution, integrity), Users agree to respect such rights and follow agreed crediting. Nothing in these Terms waives non-waivable moral rights.

6. Licenses Granted to the Company

• Limited License to Operate the Services: Solely to operate, host, store, reproduce, perform, display, transmit, adapt, and technically modify User Content within the Services (e.g., for sharing, backups, previews, and collaboration features), the User grants the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license for the duration necessary to provide the Services and for reasonable backup/archival periods.
• No Commercial Exploitation by Company: The Company will not commercially exploit User Content outside the Services (e.g., release, license, or monetize on third-party platforms) without the explicit written authorization of the User(s) holding the relevant rights.

7. Prohibited Conduct

Users may not:

• Upload or share content that infringes intellectual property or privacy rights.
• Use unauthorized samples or otherwise circumvent licenses.
• Engage in fraud, harassment, hate, or illegal activity.
• Attempt to reverse engineer or interfere with the Services' security or functionality.
• Misrepresent identity, credentials, or credits.

8. Third-Party Services and Integrations

The Services may integrate with third-party platforms (e.g., cloud storage, distributor, DSPs, sample libraries). Use of third-party services is subject to their terms and policies. The Company is not responsible for third-party services and does not guarantee their availability or performance.

9. Fees, Billing, and Refunds

• Plans and Pricing: Certain features may require payment. Prices and features are posted at purchase and may change.
• Billing: By subscribing or purchasing, the User authorizes recurring charges where applicable until canceled.
• Refunds: Except where required by law or expressly stated, fees are non-refundable.
• Taxes: Prices may exclude taxes. Users are responsible for applicable taxes.
• Late or Failed Payment: The Company may suspend or terminate access for non-payment.

10. Intellectual Property of the Company

The Services, including software, design, trademarks, and documentation, are owned by the Company or its licensors and protected by intellectual property laws. Except as permitted by these Terms, Users may not copy, modify, or create derivative works of the Services.

11. DMCA and Copyright Complaints

• Notices: The Company follows a notice-and-takedown process consistent with applicable law. Rights holders may submit a compliant notice identifying allegedly infringing content and requested action.
• Counter-Notices: Users may submit a counter-notice where appropriate. The Company may restore content if legally permitted.
• Repeat Infringers: The Company may terminate accounts of repeat infringers in appropriate circumstances.

12. Privacy and Data

• Privacy Policy: The Company's Privacy Policy explains how personal data is collected, used, and shared.
• Data Processing: Users authorize the Company to process data necessary to provide the Services, including transmission to service providers and cross-border transfers where lawful.
• Security: The Company employs reasonable administrative, technical, and physical safeguards but cannot guarantee absolute security.

13. Warranties; User Representations

Users represent and warrant that:

• They own or have sufficient rights to User Content and grant the licenses in these Terms.
• User Content and use of the Services do not and will not infringe or violate any third-party rights or laws.
• They will comply with these Terms and applicable laws.

14. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free, or secure.

15. Limitation of Liability

To the maximum extent permitted by law:

• The Company is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, data, or business interruption.
• The Company's total liability for all claims related to the Services will not exceed the amounts paid by the User to the Company in the twelve (12) months preceding the event giving rise to liability, or €100 if no such payments were made.
• These limitations apply even if a remedy fails of its essential purpose.

16. Indemnification

The User will indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• User Content;
• User's breach of these Terms;
• Infringement or violation of any third-party rights;
• Use of the Services.

17. Suspension and Termination

• By the Company: The Company may suspend or terminate access immediately for violations of these Terms, legal requests, risk of harm, suspected fraud, or non-payment.
• By User: Users may stop using the Services at any time and may delete their account where functionality permits.
• Effect: Upon termination, access to the Services ceases. The Company may retain backup copies and logs for a reasonable period. Certain provisions survive termination (including Sections 4–9, 12–19, and 22–24).

18. Content Retention and Export

• Retention: The Company may retain project data for reasonable backup, audit, and legal compliance periods.
• Export Tools: Where available, Users should export copies of their content and split agreements prior to termination. The Company does not guarantee indefinite storage.

19. Governing Law; Venue

These Terms are governed by the laws of the United States, excluding conflict-of-law rules. Courts located in New York, USA have exclusive jurisdiction, unless applicable law mandates a different consumer forum.

23. Arbitration and Class Action Waiver (Optional)

Except where prohibited by law, disputes will be resolved by binding arbitration in London, UK subject to the laws of the State of New York, USA, on an individual basis, and Users waive any right to participate in class actions or class-wide arbitration.

24. Changes to the Services and Terms

The Company may modify the Services and these Terms. Material changes will be notified via the Services or by email. Changes are effective upon posting unless otherwise stated. Continued use after changes means acceptance. If a User disagrees, the User must stop using the Services.

25. Notices; Contact

Official notices may be sent to the email address on file or via in-product notifications. Users may contact the Company at:

26. Entire Agreement; Severability; Assignment

These Terms and any policies referenced (e.g., Privacy Policy, Acceptable Use, Community Guidelines, and any split agreements accepted in-product) constitute the entire agreement between the parties and supersede prior understandings. If a provision is unenforceable, the remainder remains in effect. Users may not assign these Terms without consent; the Company may assign to an affiliate or successor in interest.