Terms of Service

1. Acceptance of Terms

1. 1.1By creating an account or by accessing or using the Service, you agree to be bound by these Terms. You will be asked to accept these Terms when you first sign in to the Service and again when we make material changes to them.
2. 1.2Our Privacy Policy, available at untz.co/privacy, describes our information practices. The Privacy Policy is a notice and does not form part of these Terms.
3. 1.3If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility and Accounts

1. 2.1You must be at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and not have been previously removed from the Service by untz.
2. 2.2Accounts are created through Sign in with Apple. If you have been issued a personal link, that link functions as a credential: any person in possession of it may access your account. You must keep it confidential and notify us promptly if you believe it has been compromised.
3. 2.3You are responsible for all activity that occurs under your account. You may maintain only one account, may not create an account on behalf of another person, and may not use another person's account.
4. 2.4Your display name must not be misleading and must not impersonate any person or entity.

3. User Content

1. 3.1Definition. "Content" means any material you submit to or create within the Service, including nights, ratings, tags, notes, photographs, videos, songs, recordings, proposed identifications, and profile information.
2. 3.2Ownership. You retain all ownership rights in your Content. Nothing in these Terms transfers ownership of your Content to untz.
3. 3.3License to untz. In order for the Service to function, you grant untz a worldwide, non-exclusive, royalty-free license, exercisable directly or through our service providers, to host, store, reproduce, process, transmit, display, and adapt your Content (including by reformatting, resizing, or transcoding it) solely for the purposes of operating and improving the Service and of displaying your Content to the users with whom you have shared it. untz will not use your Content in advertising or marketing materials without your separate, express permission. Content created under a separate written agreement with untz, including any paid creator program, is governed by that agreement. This license terminates when you delete the relevant Content or your account, except with respect to backup copies retained as described in the Privacy Policy.
4. 3.4Representations. You represent and warrant that (a) you own or have obtained all rights necessary to submit your Content and to grant the license in Section 3.3; (b) your Content does not infringe or violate the rights of any third party or any applicable law; and (c) where your Content depicts or records other persons, you have obtained any permission or consent required by applicable law from those persons.
5. 3.5Recordings. The grab feature records audio from your surroundings and stores it with the relevant night, where it is accessible to the night's participants. Laws governing the recording of audio in public and private settings vary by jurisdiction. You are solely responsible for using the feature in compliance with applicable law, including any restrictions imposed by a venue. untz may remove any recording or video at the request of a person who appears in it.
6. 3.6Third-party material. Song titles, artwork, audio previews, and links displayed within the Service are obtained from third-party catalogs and are the property of their respective owners. Such material is provided for identification and listening within the Service and is subject to the terms of its owners.
7. 3.7Feedback. If you provide suggestions or feedback regarding the Service, untz may use them without restriction or obligation to you.

4. Sharing and Visibility

1. 4.1The Service is designed to share nights with their participants and with your friends. The Privacy Policy describes in detail which information is visible to which persons. In summary, a night is visible to all of its participants; your friends may view your nights; and any person who receives an invitation link may view a night's summary information and join the night.
2. 4.2Once you share a night, its other participants retain access to the night and to the Content they contributed. Your own photographs, videos, and recordings are removed when you delete your account. untz has no control over Content that another person has saved outside the Service.

5. Prohibited Conduct

You agree not to use the Service to:

1. harass, threaten, intimidate, defame, or discriminate against any person, or to submit Content that is hateful, sexually explicit, or that glorifies violence or self-harm;
2. submit Content that is unlawful, that you lack the right to share, or that violates the privacy of any person, including intimate images of any person without that person's consent;
3. upload complete performances or sets; the grab feature is intended for short excerpts used to identify and recall a track;
4. disregard a venue's restrictions on photography or recording;
5. impersonate any person or entity, misrepresent your affiliation, or join nights you did not attend in order to access other users' Content;
6. interfere with the Service, including by scraping, automated access, reverse engineering, probing for vulnerabilities, circumventing usage limits or access controls, or imposing an unreasonable load on our infrastructure;
7. send unsolicited communications, or sell access to or otherwise commercialize the Service or other users' Content without our prior written consent; or
8. violate any applicable law or regulation.

6. Blocking, Reporting, and Enforcement

1. 6.1You may block any user from that user's profile. Blocking conceals each of you from the other throughout the Service.
2. 6.2You may report any photograph, video, song, or note. Reported Content is concealed from you immediately and forwarded to untz for review. We review reports promptly and take action as soon as reasonably practicable.
3. 6.3untz may remove or conceal Content, restrict features, or suspend or terminate accounts that we reasonably believe violate these Terms or present a risk to other users or to untz, with or without notice. Where practicable, we will inform you of the reason. Repeat violators will be removed from the Service.
4. 6.4untz does not pre-screen Content and is not responsible for Content submitted by users. We may disclose reports and related Content to law enforcement where required by law or where we believe in good faith that a person is at risk of harm.

7. Copyright Infringement Notices

1. 7.1untz responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe that Content on the Service infringes your copyright, you may submit a written notice to our designated agent at support@untz.co or by post to untz LLC, Attn: Copyright Agent, 8 The Green, Ste B, Dover, DE 19901.
2. 7.2A notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it, such as a link or the night and item concerned; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.
3. 7.3Upon receipt of a valid notice, we will remove or disable access to the material and notify the user who submitted it. That user may submit a counter-notice satisfying the requirements of 17 U.S.C. § 512(g)(3). If we receive a valid counter-notice, we may restore the material no fewer than ten (10) business days thereafter unless the complaining party notifies us that it has filed an action seeking a court order against the user.
4. 7.4untz will terminate the accounts of users who are repeat infringers.

8. Intellectual Property; License to the Application

1. 8.1The Service, including its software, design, name, and logo, is owned by untz and is protected by intellectual property laws. Except for the limited license granted in Section 8.2, nothing in these Terms grants you any right, title, or interest in the Service.
2. 8.2Subject to your compliance with these Terms, untz grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the untz application on Apple-branded devices that you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

9. Third-Party Services and Links

1. 9.1The Service displays material from, and links to, third-party services, including music catalogs and previews, event listings, ticketing services, and venue websites. Such material and services are the property of their respective owners, are governed by their own terms, and are not under the control of untz. untz is not responsible for them.
2. 9.2If untz receives a commission or other compensation in connection with your use of a third-party link, we will disclose that fact where the link appears.

10. Term and Termination

1. 10.1You may terminate these Terms at any time by deleting your account through the application's settings.
2. 10.2untz may suspend or terminate your access to the Service as described in Section 6, if we become aware that you are under eighteen (18) years of age, or if we discontinue the Service.
3. 10.3Following termination or deletion, untz may delete your Content and has no obligation to retain or return it. If your account was terminated for a violation of these Terms, you may not create a new account.
4. 10.4Sections 3 (with respect to Content already shared), 7, 8, 12, 13, 14, 15, 16, 17, and 18 survive any termination of these Terms.

11. Modifications to the Service and to These Terms

1. 11.1The Service is under continuing development. untz may add, modify, or discontinue features at any time.
2. 11.2The Service is currently provided free of charge. If untz introduces paid features, the applicable price and terms will be presented to you before any purchase, and purchases will be processed through Apple. If untz offers accounts or tools for venues, promoters, artists, or other businesses, they will be governed by separate terms.
3. 11.3untz may amend these Terms from time to time. We will update the Effective Date above and, in the case of material changes, provide notice within the application and request your acceptance before the changes take effect. Your continued use of the Service following the effective date of a change constitutes acceptance of the amended Terms.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the fullest extent permitted by applicable law, untz disclaims all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the Service will be uninterrupted or error-free. untz does not warrant that music will be identified accurately, that Content will be preserved, or that other users are who they represent themselves to be. The Service does not provide safety, medical, or transportation advice. You are solely responsible for your own safety and decisions.

13. Limitation of Liability

To the fullest extent permitted by applicable law, untz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to the Service or these Terms, regardless of the theory of liability. The aggregate liability of untz for all claims arising out of or relating to the Service shall not exceed the greater of one hundred United States dollars (US$100) or the amount you paid to untz in the twelve (12) months preceding the claim. Some jurisdictions do not permit certain limitations of liability; in those jurisdictions, the liability of untz is limited to the greatest extent permitted by law. Nothing in these Terms limits any liability that cannot be limited under applicable law.

14. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless untz and its members, managers, officers, employees, and agents from and against any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or relating to your Content, your use of the Service, or your violation of these Terms or of applicable law.

15. Dispute Resolution; Arbitration Agreement; Class Action Waiver

1. 15.1Informal resolution. Before commencing arbitration or litigation, you agree to send a written description of the dispute and the relief sought to support@untz.co and to allow untz thirty (30) days to attempt to resolve the dispute informally. untz agrees to the same procedure before asserting a claim against you.
2. 15.2Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 15.1 shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 15. The arbitrator may award any relief that a court of competent jurisdiction could award to you individually. Any hearing will take place in New York County, New York, or, at your election, by video or telephone conference. untz will pay all AAA filing, administrative, and arbitrator fees in excess of the amount you would have paid to file a claim in court, unless the arbitrator determines that your claim is frivolous. A court, and not the arbitrator, shall decide any question regarding the enforceability of this Section 15.
3. 15.3Exceptions. Either party may bring an individual claim in small claims court in lieu of arbitration. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent unauthorized use of the Service or infringement of intellectual property rights.
4. 15.4Class action waiver. You and untz each agree that any proceeding shall be conducted solely on an individual basis, and each waives the right to bring, join, or participate in any class, collective, consolidated, or representative action, whether in arbitration or in court. If this Section 15.4 is found to be unenforceable with respect to a particular claim, that claim shall proceed in court rather than in arbitration, and the remainder of this Section 15 shall continue to apply to all other claims.
5. 15.5Right to opt out. You may opt out of the arbitration agreement in Section 15.2 by sending written notice to support@untz.co within thirty (30) days after first accepting these Terms. The notice must include your name, the display name associated with your account, and a statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
6. 15.6Jury trial waiver. To the extent any claim proceeds in court, you and untz each waive the right to a trial by jury.
7. 15.7Limitation period. Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues; otherwise, the claim is permanently barred. This limitation does not apply where prohibited by applicable law.
8. 15.8Governing law and venue. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and, with respect to arbitration, by the Federal Arbitration Act. Any claim that may be brought in court shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts. If you are a consumer residing in a jurisdiction whose laws entitle you to bring claims in your local courts or under your local law, nothing in this Section 15.8 deprives you of that entitlement.

16. Apple-Specific Terms

1. 16.1The untz application is distributed through Apple's App Store. Your license to the application software is governed by Apple's Licensed Application End User License Agreement. These Terms govern your use of the Service.
2. 16.2These Terms are between you and untz only, and not with Apple. Apple is not responsible for the Service or its content and has no obligation to furnish maintenance or support services for the application.
3. 16.3untz, and not Apple, is responsible for addressing any claim relating to the application, including product liability claims, claims that the application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation, and for the investigation, defense, settlement, and discharge of any claim that the application infringes the intellectual property rights of a third party.
4. 16.4Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right to enforce them against you.

17. Notices; Electronic Communications

1. 17.1untz may provide notices to you within the application or at the email address provided to us by Apple. You consent to receive notices and other communications from untz electronically.
2. 17.2Notices to untz must be sent to support@untz.co.

18. General Provisions

1. 18.1Entire agreement. These Terms constitute the entire agreement between you and untz with respect to the Service and supersede any prior agreements on that subject.
2. 18.2Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. 18.3No waiver. The failure of untz to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
4. 18.4Assignment. You may not assign or transfer these Terms or any rights under them. untz may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
5. 18.5Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
6. 18.6Contact. Questions regarding these Terms may be directed to support@untz.co.