Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Thomas McCarthy, operating as MusicLib ("we," "us," or "our"), governing your access to and use of the MusicLib platform at musiclib.net and the MusicLib iPad application (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting a notice in the Service or sending an email. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Service Availability

We strive to provide a reliable and high-quality Service. However, by using the Service, you acknowledge and accept that:

• The Service is provided over the internet and may be subject to interruptions, delays, or downtime due to maintenance, updates, or circumstances beyond our control
• Features may be added, modified, or removed as we improve the platform
• We will make reasonable efforts to notify you before making significant changes that materially affect your use of the Service
• Pricing, subscription plans, and feature availability may change with reasonable notice

We strongly recommend regularly backing up your data using the Backup & Restore feature to maintain a local copy of your library.

3. Description of Service

MusicLib is a music library management platform available on web and iPad that enables users to:

• Upload, store, and organize music scores (PDF files) with comprehensive metadata
• Create and manage collections, setlists, and performance logs
• Track checkouts and reservations of physical scores
• Create and manage institutional libraries with multiple members and customizable roles
• Search scores using metadata and OCR-extracted text from PDFs
• Import from forScore backups and export to compatible formats
• Backup and restore library data
• Access your library through a native iPad application with Files app integration

Certain features are available only on specific subscription tiers as described in Section 5.

4. Account Registration and Security

4.1 Eligibility

To use the Service, you must:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

If you are under 18, you represent that you have your parent's or guardian's permission to use the Service.

4.2 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your information to keep it accurate
• Keep your password confidential and secure
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access to your account

4.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not you authorized them. We are not liable for any loss or damage arising from unauthorized use of your account.

4.4 Account Security

To protect your account, the Service includes security measures such as account lockout after repeated failed login attempts and session management. You acknowledge that these measures are in place to protect you and agree not to circumvent them.

5. Subscriptions and Payments

5.1 Subscription Tiers

MusicLib offers multiple subscription tiers with varying features and limits:

• MusicLib Lite (Free): A free tier with limited scores and storage
• MusicLib (Basic): A paid tier with expanded limits, institution creation, and backup features
• MusicLib Pro: A premium tier with unlimited scores, expanded storage, and OCR text extraction

Current pricing, features, and limits for each tier are displayed on our Subscription page within the Service. We reserve the right to change pricing with reasonable notice.

5.2 Billing

Paid subscriptions are billed on a recurring basis (monthly or annually, depending on your selection). By subscribing, you authorize us to charge your payment method at the beginning of each billing cycle. Payments are processed securely through Stripe.

5.3 Cancellation and Refunds

• You may cancel your subscription at any time through the Subscription page in the Service
• Cancellation takes effect at the end of your current billing period; you will retain access to paid features until then
• We do not offer refunds for partial billing periods
• If your payment fails, a grace period may be provided to resolve the issue before your access is restricted

5.4 Downgrade Behavior

If you cancel your subscription or it expires, your account will revert to the free tier. If you exceed free-tier limits at that time, you will retain read-only access to your existing content but will not be able to create new content until you are within the free-tier limits or resubscribe.

5.5 Institution Capacity Packs

Institutions may purchase additional capacity packs to expand member and score limits. Capacity packs are billed separately and can be managed through the institution billing settings. The same cancellation and billing terms apply.

5.6 Price Changes

We may change subscription prices from time to time. If we do, we will give you at least 30 days' notice before the price change takes effect. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

6. User Content

6.1 Your Content

"User Content" means any content you upload, submit, or create through the Service, including music scores, PDFs, metadata, notes, and profile information.

You retain full ownership of your User Content. By uploading content, you grant MusicLib a limited, non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or account.

6.2 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to upload and use the content
• Your content does not infringe any third-party intellectual property rights, including copyrights
• Your content does not violate any applicable laws or regulations
• Your content does not contain malware, viruses, or harmful code

6.3 Copyright and Music Scores

Many music scores are protected by copyright. MusicLib is a tool for organizing your personal or institutional music library. You are solely responsible for:

• Ensuring you have the legal right to upload, store, and use any music scores
• Determining the copyright status of works before uploading them
• Obtaining any necessary licenses or permissions from copyright holders
• Complying with copyright laws in your jurisdiction

MusicLib does not verify, monitor, or make representations about the copyright status of User Content. We are not responsible for copyright infringement by users.

6.4 DMCA Notice and Takedown

If you believe content on MusicLib infringes your copyright, please send a DMCA takedown notice to thomasmccarthy137@gmail.com containing:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Service
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content.

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload content you do not have the right to share
• Distribute malware, viruses, or any code designed to harm or disrupt
• Attempt to gain unauthorized access to the Service, other accounts, or systems
• Interfere with or disrupt the Service's infrastructure or performance
• Use automated systems, bots, or scrapers to access the Service without permission
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Impersonate any person or entity, or falsely represent your affiliation
• Harass, abuse, threaten, or harm other users
• Use the Service for any commercial purpose not expressly permitted
• Circumvent any access controls, usage limits, or subscription restrictions

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing content, suspending or terminating accounts, and reporting to law enforcement.

8. Institutions

If you create an institution on MusicLib:

• You represent that you have authority to create an institution on behalf of your organization
• You are responsible for managing members, roles, and access permissions
• You are responsible for ensuring members comply with these Terms
• Content uploaded to the institution library is accessible to members based on their assigned roles and permissions
• You understand that removing a member does not automatically delete content they uploaded
• As the billing administrator, you are responsible for the institution's subscription and any capacity pack charges

Institution administrators and directors may view member activity within the institution library, including checkouts, reservations, and contributions. Permission visibility is controlled through the institution's role configuration.

9. Intellectual Property

The Service and its original content (excluding User Content), features, functionality, design, and code are owned by Thomas McCarthy and are protected by copyright, trademark, and other intellectual property laws.

The MusicLib name, logo, and branding are trademarks of Thomas McCarthy. You may not use these marks without prior written permission.

This agreement does not grant you any rights to our intellectual property except the limited right to use the Service as provided in these Terms.

10. Third-Party Services

The Service integrates with or relies on certain third-party services:

• Google Sign-In: Optional authentication through Google OAuth
• Apple Sign-In: Optional authentication through Apple (available on iPad)
• Stripe: Secure payment processing for subscriptions and capacity packs
• forScore: Import and export functionality compatible with the forScore app
• Resend: Transactional email delivery for account notifications

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that defects will be corrected or that the Service will meet your requirements

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of these limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Thomas McCarthy, and any future affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable law or regulation

14. Termination

14.1 Termination by You

You may terminate your account at any time through the Settings page in the Service. Upon termination:

• Your right to use the Service will immediately cease
• Any active paid subscriptions will not be refunded for the remaining billing period
• Your personal data and User Content will be deleted in accordance with our Privacy Policy
• We recommend exporting your data using the Backup feature before deletion

14.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, with or without notice, including but not limited to:

• Violation of these Terms or the Acceptable Use Policy
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Request by law enforcement or government agencies
• Discontinuation of the Service

14.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at thomasmccarthy137@gmail.com and attempt to resolve the dispute informally for at least 30 days.

15.3 Jurisdiction

Any legal action or proceeding arising from these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in New Mexico. You consent to the personal jurisdiction of such courts.

15.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 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.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or failures of third-party services.

17. Contact Information

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

Thomas McCarthy
Email: thomasmccarthy137@gmail.com