Terms of Use

1. Agreement to these terms

These Terms of Use (the “Terms”) are a binding agreement between you and Daily Evolution LLC (“we”, “us”, “our”) governing your use of the JamVerse mobile application and this website (together, the “Service”).

By creating an account, downloading the App, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility and your account

You must be at least 13 years old to use the Service — or 16, if you are in a jurisdiction that sets a higher minimum age for consent to online services. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms. If you use the Service on behalf of a band, label or other organisation, you represent that you are authorised to bind it to these Terms.

You are responsible for the accuracy of your account details, for keeping your password confidential, and for everything that happens under your account. Tell us promptly at privacy@songrehearsal.com if you suspect unauthorised use. You may not share an account, sell it, or transfer it to someone else.

3. Spaces, members and roles

The Service is organised into shared spaces (a band or a project). Content added to a space is visible to every member of that space, together with your display name and role. Members with owner or administrative roles can invite and remove members, change roles, and delete content in the space, including content you contributed.

Decide carefully who you invite. We are not responsible for what other members of your space do with content they can access, and we cannot arbitrate disputes between members of a band about ownership of shared material.

4. Your content, and the licence you give us

You keep ownership of your content. Recordings, songs, comments and other material you add to the Service remain yours, and nothing in these Terms transfers ownership or any copyright in your music to us.

You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, encode and display your content solely to operate, secure and provide the Service to you and the other members of your space, and to make backups. This licence ends when you delete the content or your account, subject to the retention periods described in the Privacy Policy. We do not use your content for advertising, we do not license it to third parties, and we do not use it to train machine learning or AI models.

You represent that you have the rights necessary to upload and share the content you add, including any rights in compositions, recordings, samples or performances by other people, and that doing so does not infringe anyone’s rights or break any law.

Keep your own backups. The Service is a collaboration tool, not an archival service. Retain independent copies of anything you cannot afford to lose.

5. Acceptable use

You agree not to:

• upload or share material that is unlawful, infringing, defamatory, or that you have no right to use;
• harass, threaten or impersonate anyone, or misrepresent your affiliation with a person or band;
• attempt to access another user’s account or space, or any data you are not authorised to see;
• probe, scan, overload or disrupt the Service, or circumvent rate limits, entitlement checks or free-tier limits;
• reverse-engineer, decompile or disassemble the App except to the extent that restriction is prohibited by applicable law;
• scrape or bulk-download content, or use the Service to build a competing product or to train a machine learning model;
• use the Service to distribute malware or to send unsolicited messages.

We may remove content or suspend or terminate accounts that violate these Terms, and we may report unlawful activity to the authorities.

6. JamVerse Pro subscription and billing

The Service has a free tier and an optional auto-renewing subscription, JamVerse Pro. The key terms, as required by the App Store:

• Price and period. JamVerse Pro costs $4.99 per month, or the equivalent price shown in your local currency at the time of purchase. The subscription covers your whole space, not just your own account.
• Payment. Payment is charged to your Apple ID account at confirmation of purchase.
• Automatic renewal. The subscription renews automatically at the same price and period unless you cancel it at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within 24 hours before the end of the current period.
• Managing and cancelling. You can manage or cancel your subscription in your Apple ID settings after purchase. Deleting the App does not cancel a subscription, and deleting your JamVerse account does not cancel one either.
• Free trials and offers. If a free trial or introductory offer is made available, any unused portion is forfeited when you purchase a subscription, where Apple requires that treatment.

Purchases are made through Apple, and Apple’s terms govern the transaction. Your entitlement is validated against the App Store; if a purchase cannot be verified we may restrict Pro features until it is.

7. Cancellation, refunds and price changes

You may cancel at any time. Cancellation stops future renewals; access to Pro features continues until the end of the period you have already paid for. We do not provide partial refunds for unused time.

Refunds are handled by Apple, not by us, in accordance with the App Store terms of sale. Request one through Apple’s “Report a Problem” process. Consumers in some jurisdictions have additional statutory rights that these Terms do not limit.

We may change subscription pricing. A price change applies only to future periods, and where Apple requires it you will be asked to consent to the new price before it takes effect.

8. Free tier, availability and changes to the Service

The free tier is limited to 3 members per space and to compressed audio capture. We may change the limits of the free tier, add or remove features, or introduce new paid tiers. Where a change materially reduces functionality you are actively paying for, we will give reasonable advance notice.

We may modify, suspend or discontinue any part of the Service. If we discontinue the Service entirely, we will give reasonable notice and a means to export your content where feasible.

9. Our intellectual property

The Service itself — the App, this website, our software, design, branding and the JamVerse name and logo — is owned by Daily Evolution LLC and protected by intellectual property law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices you own or control, for your own use, in accordance with these Terms and the App Store Usage Rules. No other rights are granted.

10. Copyright complaints

We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act. If you believe material on the Service infringes your copyright, send a notice to privacy@songrehearsal.com including:

• your physical or electronic signature;
• identification of the copyrighted work you claim has been infringed;
• identification of the material you claim is infringing and enough detail to locate it;
• your contact details;
• a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorised to act on the owner’s behalf.

We will remove or disable access to material that is the subject of a valid notice, notify the user who posted it, and accept counter-notices. We terminate the accounts of repeat infringers in appropriate circumstances.

11. Third-party services

The Service relies on third parties, including Apple for distribution, billing and push notification delivery, and our hosting and analytics providers. Their terms and privacy policies apply to their own services, and we are not responsible for them. Content you share out of the App into another service is governed by that service’s terms.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or that recordings will always be preserved or recoverable.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits rights you have under mandatory consumer protection law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILY EVOLUTION LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, DATA OR RECORDINGS, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIFTY US DOLLARS ($50).

These limits do not apply to liability that cannot be excluded or limited under applicable law, including for death or personal injury caused by negligence, or for fraud.

14. Indemnification

You agree to indemnify and hold harmless Daily Evolution LLC from any claim, demand, loss or expense (including reasonable legal fees) brought by a third party and arising out of your content, your use of the Service, or your breach of these Terms or of any law or third-party right. We will notify you of any such claim and may take over its defence at our own expense.

15. Suspension and termination

You may stop using the Service at any time and delete your account from More → Delete account in the App. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if your use poses a risk to other users or to the Service; where practical, we will give notice and an opportunity to fix the problem first. Sections that by their nature should survive termination — including your content licence for content that remains in a shared space, disclaimers, liability limits, indemnities and governing law — survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. If you have a problem, email privacy@songrehearsal.com. Most disputes can be resolved informally, and we ask that you give us 30 days to try before starting formal proceedings.

If a dispute cannot be resolved informally, you and we agree to the exclusive jurisdiction of the state and federal courts located in California, and each of us consents to venue there. Nothing prevents either party from bringing an individual claim in a small claims court with jurisdiction, or from seeking injunctive relief to protect intellectual property. If you are a consumer resident in the EEA or the UK, you may also bring proceedings in the courts of your country of residence, and mandatory consumer protections of your local law continue to apply.

17. Apple-specific terms

The following applies because the App is distributed through the Apple App Store, and takes precedence over anything inconsistent elsewhere in these Terms in respect of Apple:

• These Terms are between you and Daily Evolution LLC only, not with Apple. Apple is not responsible for the App or its content.
• The licence granted to you is a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Daily Evolution LLC alone is responsible for maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Daily Evolution LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• Daily Evolution LLC, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

18. Changes to these terms

We may update these Terms as the Service evolves. We will revise the “Last updated” date at the top of this page and, for material changes, give notice in the App or by email before the change takes effect. Continuing to use the Service after an update means you accept the revised Terms. If you do not accept them, stop using the Service and delete your account.

19. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier understanding. If a provision is held unenforceable, the rest remains in force and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Notices to you may be given in the App or by email to the address on your account.

20. Contact

Questions about these Terms: privacy@songrehearsal.com, or Daily Evolution LLC, California, United States.