Terms of Use

These Terms of Use (hereinafter the "Terms") constitute an agreement between Shosin Labs, an independent software studio (hereinafter the "Developer") and the User (as defined in Article 2) concerning the use of the bMusic application (hereinafter the "Application"). By installing or using the Application, the User shall be deemed to have accepted these Terms. A person who does not accept these Terms shall not use the Application.

Article 1 (Purpose)

These Terms set out the conditions upon which the Developer permits the User to use the Application, and the rights and obligations of the Developer and the User in connection therewith.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set out below:

(a) "User" means any person who installs or uses the Application;

(b) "User Content" means the audio files, tags, artwork, playlists and listening history that the User imports into, creates in or records by means of the Application;

(c) "bMusic Pro" means the one-time in-app purchase described in Article 6; and

(d) "Apple" means Apple Inc. and, where the context so requires, its subsidiaries.

Article 3 (Grant of Licence)

1. The Developer grants the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User, for the User’s own purposes.

2. The Application is licensed, not sold. All rights in the Application not expressly granted to the User under these Terms are reserved by the Developer.

3. The licence granted under paragraph 1 is also subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set out therein.

Article 4 (User Content and Copyright)

1. The Application does not supply any music. It is a player and library manager for files already in the possession of the User. The User shall be solely responsible for holding the right to each file imported into the Application, whether by purchase, by ownership or under the terms of the applicable licence, and for the manner in which the User uses such file.

2. The User shall not use the Application to copy, remove protection from, or otherwise deal with material in respect of which the User holds no right. The Application contains no function designed to circumvent digital rights management.

3. Importing from a URL, a cloud storage service, a network-attached storage device or the User’s own computer transfers the files designated by the User. The provenance of such files shall be the responsibility of the User and not of the Developer.

4. User Content belongs to the User. The Developer claims no rights in User Content and, as set out in the Privacy Policy, does not hold it.

Article 5 (Not a Backup Service)

1. User Content is stored on the User’s device and, where the User so elects, in the User’s own iCloud account. The Developer holds no copy of User Content and is unable to restore any such copy. User Content stored on a device that is lost, reset or restored from an earlier backup may be lost together with that device, and iCloud sync constitutes a means of synchronisation between the User’s devices and not an archive.

2. The User shall retain independent copies of any User Content that the User is unable to replace.

Article 6 (bMusic Pro)

1. bMusic Pro is a one-time in-app purchase and not a subscription. It is purchased once and remains associated with the Apple Account through which it was purchased. No recurring charge shall arise from such purchase.

2. The free version of the Application is permanent and does not constitute a trial. Importing, playing, organising and editing the User’s library are available without charge, and any User Content created by the User shall remain available to the User irrespective of whether bMusic Pro is purchased. bMusic Pro makes available the transcription, separation, identification and catalogue features listed by the Application on its purchase screen.

3. The price of bMusic Pro is that displayed in the App Store for the User’s region at the time of purchase, and may be changed in respect of future purchasers. The purchase is sold and processed by Apple; the Developer receives no payment details of the User. The User may restore the purchase on the User’s other devices by means of the App Store.

4. Refunds are handled by Apple in accordance with its own policies and not by the Developer. Requests for refunds shall be made to Apple through reportaproblem.apple.com. Without prejudice to the foregoing, the User may notify the Developer of any malfunction of the purchase at the address set out in Article 15.

Article 7 (Prohibited Conduct)

The User shall not:

(a) copy, redistribute, resell or rent the Application, or represent the Application as the User’s own;

(b) decompile or reverse engineer the Application, except to the extent that applicable law expressly permits such acts notwithstanding an agreement to the contrary;

(c) use the Application to infringe copyright or to distribute material that the User has no right to distribute;

(d) attack or overload any service to which the Application connects, whether operated by the Developer or by any third party; or

(e) obtain or attempt to obtain the paid features of the Application without paying for them.

Article 8 (Changes to the Application)

1. The Developer may add, change or withdraw functions of the Application, and a future version of the Application may require a later version of the operating system. A function that depends upon a third-party service may cease to operate where that service ceases to operate.

2. Notwithstanding the foregoing, where the Developer withdraws a function made available by bMusic Pro, the Developer shall give notice thereof before such withdrawal takes effect.

Article 9 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty of any kind in respect of the Application, including without limitation any warranty that the Application will operate without interruption or error, that it will play every file supplied by the User, or that any transcription, separation, identification or item of catalogue metadata will be accurate. Where the applicable law of any jurisdiction does not permit such exclusion, this Article shall apply only to the extent so permitted.

Article 10 (Limitation of Liability)

1. To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profits, or loss of data, including the loss or corruption of audio files, tags or playlists, arising from the use of the Application by the User. The aggregate liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User to the Developer in respect of the Application during the twelve months preceding such claim, which amount, in the case of the free version, is nil.

2. Nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

Article 11 (Apple)

1. These Terms are concluded between the User and the Developer only, and not with Apple. Apple is not responsible for the Application or its content.

2. Without prejudice to the generality of the foregoing:

(a) Apple has no obligation to furnish any maintenance or support services with respect to the Application, such support being provided by the Developer at the address set out in Article 15;

(b) in the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price to the User; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application;

(c) Apple is not responsible for addressing any claim of the User or of any third party relating to the Application, including product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation;

(d) in the event of any third-party claim that the Application infringes the intellectual property rights of that third party, the Developer, and not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of such claim;

(e) the User represents and warrants that the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that the User is not listed on any U.S. Government list of prohibited or restricted parties; and

(f) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User’s acceptance of these Terms, shall have the right to enforce these Terms against the User as third-party beneficiaries thereof.

Article 12 (Termination)

1. The User may terminate these Terms at any time by deleting the Application. The Developer may terminate these Terms where the User commits a material breach thereof.

2. Notwithstanding termination, the provisions of these Terms which by their nature are intended to survive termination, including the cessation of the licence, the responsibility of the User for User Content, and Articles 10 and 11, shall survive.

Article 13 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the User’s country of residence, or of any right to bring proceedings in such forum as those laws permit.

Article 14 (Amendment of these Terms)

1. Upon any amendment of these Terms, the Developer shall revise the date indicated at the top of this page. Any material amendment shall be announced within the Application or on this website before it takes effect.

2. Continued use of the Application by the User after an amendment takes effect shall constitute acceptance of the amended Terms. A User who does not accept the amended Terms shall delete the Application.

Article 15 (Contact)

Enquiries concerning these Terms shall be addressed to Shosin Labs at support@shosin-labs.com.

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