These Terms of Service (“Terms”) are a legal agreement between you and Possibility Outpost Inc. (“we”, “us”, “our”) governing your use of the Chordfall mobile application and its features (the “App”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
The App includes social features such as publishing songs, posting comments, and Game Center. You must be at least 13 years old to use these features. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms.
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices you own or control, for your own non-commercial entertainment, subject to these Terms and the App Store Terms of Service. You may not:
The App lets you create songs and post titles, descriptions, tags, comments, and ratings (“Your Content”).
Ownership. You keep the rights you have in Your Content. We do not claim ownership of the songs you compose.
License to us. By publishing or posting Your Content in the App, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, display, distribute, and make Your Content available to other users through the App’s Song Store and related features. This license exists so we can operate and promote the sharing features you chose to use. It ends when you remove Your Content, except that copies other users have already saved to their own devices and reasonable backup copies may persist.
Your responsibility. You represent that you own or have the rights to publish Your Content, and that Your Content does not infringe anyone’s intellectual property, privacy, or other rights. Do not publish music, lyrics, titles, or other material you do not have the right to share.
Public by choice. Content you publish, rate, or comment on is visible to other users along with your Game Center name and photo. Do not include anything private in content you choose to make public.
You agree not to use the App to create, publish, or transmit content that:
You also agree not to abuse the reporting or rating systems, or to circumvent moderation or enforcement measures.
We may, but are not obligated to, review, screen, or moderate content. Text you submit publicly may be checked by automated moderation tools. We may remove content, and limit, suspend, or terminate access for any user who violates these Terms or whose content we consider objectionable, at our discretion and without notice. We are not responsible for content created by users, and you use and rely on user content at your own risk.
The App itself — including its software, design, name, logo, visual style, built-in songs, and other original materials — is owned by us or our licensors and is protected by intellectual property laws. Except for the license granted in Section 2, these Terms do not give you any right in our intellectual property.
The App uses services provided by third parties, including Apple (Game Center, CloudKit, iCloud, and the App Store) and an automated content moderation provider (OpenAI). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability is not guaranteed. In-person Duet mode connects devices directly over a local network; you are responsible for the networks and devices you use.
Our handling of information is described in the Chordfall Privacy Policy, which is incorporated into these Terms by reference.
The App is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that content will be accurate or available. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, goodwill, or profits, arising out of or related to your use of the App. To the fullest extent permitted by law, our total liability for any claim relating to the App will not exceed the greater of the amount you paid us for the App (which, for a free app, is zero) or ten US dollars (US$10). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless Possibility Outpost Inc. and its officers, directors, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the App, or your violation of these Terms or the rights of others.
You may stop using the App at any time by deleting it. We may suspend or terminate your access to the App or its features at any time if you violate these Terms or for any other reason at our discretion. Sections that by their nature should survive termination (including Sections 3, 6, 9, 10, and 11) will survive.
These Terms are between you and us, not with Apple, and Apple is not responsible for the App or its content. To the extent these Terms conflict with Apple’s Licensed Application End User License Agreement (EULA) for App Store apps, the applicable Apple terms govern that conflict. You also acknowledge:
We may change, suspend, or discontinue the App or any feature at any time. We may also update these Terms as the App evolves. When we do, we will revise the “Last updated” date above and post the new version at the same URL. Your continued use of the App after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, except where mandatory local consumer-protection laws apply to you. The App Store Terms of Service also apply to your download and use of the App.
Questions about these Terms:
Possibility Outpost Inc.