1. License
We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices that you own or control, subject to these Terms and the Apple Media Services Terms and Conditions.
2. The App and Your Content
OKOMUSE is a music player. It plays audio files stored on your device, your device music library, and files in cloud storage accounts you connect. The App does not include or sell music.
You are responsible for the content you play, import, or download. You must have the rights needed to use that content, for example by owning it or having a license. Do not use the App to infringe copyrights or other rights of others.
3. Third-Party Services
The App can connect to third-party services such as Dropbox, Google Drive, OneDrive, Box, and WebDAV servers. These services are not affiliated with or endorsed by us. Your use of them is governed by their own terms and privacy policies, and we are not responsible for their availability, content, or conduct.
4. Free Plan and Subscriptions
The App offers a free plan with a limit on the number of tracks in your library, and an optional subscription, OKOMUSE Premium, that unlocks additional features.
- Payment: payment is charged to your Apple Account at confirmation of purchase.
- Renewal: the subscription renews automatically at the end of each billing period (monthly, every three months, or yearly) unless it is cancelled at least 24 hours before the end of the current period.
- Price changes: Apple may change subscription prices as permitted by Apple's policies. You will be notified as required before any change applies.
- Managing your subscription: you can change plans, cancel, or turn off renewal in your Apple Account settings or in the App's subscription screen.
- Refunds: refunds are handled by Apple under its refund policies.
- Free trials and offers: if a free trial or introductory offer is available, any unused portion is forfeited when you purchase a subscription, as described by Apple.
5. Your Decision, Your Risk
Downloading and using OKOMUSE is your own decision. You use the App at your own risk and discretion. You are solely responsible for:
- your device, your data, and your backups, including keeping copies of your own files;
- your cloud accounts, their credentials, and any charges or consequences that come from them;
- the content you play, import, or download, and how you use it;
- protecting your hearing by using safe volume levels. Equalizer and playback speed settings can change the output.
The App does not provide professional advice of any kind.
6. Acceptable Use
You agree not to reverse engineer, decompile, or tamper with the App, to circumvent its subscription or access controls, or to use it in any way that violates applicable law or the rights of others.
7. Third-Party Services and Data
We do not control third-party services, and we are not responsible for their availability, security, content, pricing, or policies. This includes any loss of access to your files, changes to a provider's API, or suspension of your account by a provider.
The App may fail to play, list, or download tracks, and library data, playlists, bookmarks, or settings may be lost or changed. We are not responsible for such loss. Keep your own copies of anything you cannot afford to lose.
8. Availability and Changes
We may update, change, or discontinue features of the App at any time. We may also update these Terms. Continued use of the App after an update means you accept the updated Terms. The "Last updated" date at the top shows the latest revision.
9. Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, express or implied. This includes warranties that the App will be uninterrupted, error-free, secure, compatible with your devices or services, or fit for any particular purpose, and warranties about audio quality or the accuracy of tags, artwork, or lyrics.
10. Release of Claims
To the fullest extent permitted by law, you release and waive any claim against us, our affiliates, licensors, and service providers arising from or related to your use of, or inability to use, the App. This includes claims about content you play or import, third-party services, data loss, and decisions you make based on the App.
11. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold us harmless from any claim, damage, loss, or expense (including reasonable legal fees) arising from your content, your use of the App, your violation of these Terms, or your infringement of any third party's rights, including copyright.
12. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the App. Our total aggregate liability for all claims is limited to the amount you actually paid us, through Apple, for the App or subscription in the twelve months before the claim. For free use, this amount is zero.
13. Rights That Cannot Be Limited
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by negligence, liability for fraud, and consumer rights that cannot be waived by contract. Where such rights apply, the exclusions and limits above apply only to the extent the law allows.
14. Apple
These Terms are between you and us, not Apple. Apple has no obligation to furnish maintenance or support for the App. Apple is not responsible for any product warranty claims, and is a third-party beneficiary of these Terms with the right to enforce them against you.
15. Termination
You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to paid features if you violate these Terms.
16. Events Beyond Our Control
We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, network failures, and app store or operating system changes.
17. Disputes
Before starting any formal proceedings, please contact us so we can try to resolve the issue informally. Mandatory consumer protection laws of your country of residence continue to apply.
18. Entire Agreement and Severability
These Terms, together with the Apple Media Services Terms and Conditions and our Privacy Policy, are the entire agreement between you and us about the App. If any part of these Terms is unenforceable, the rest remains in effect.
19. Contact
For questions about these Terms, contact us at okovyd.app.support@gmail.com.