Terms of Service

Welcome to Hearby! These Terms of Service ("Terms") govern your use of the Hearby mobile application and related services (collectively, the "Service"). By accessing or using Hearby, you agree to be bound by these Terms.

1. Acceptance of Terms

By downloading, accessing, or using Hearby, you confirm that:

• You are at least 13 years old
• You have the legal capacity to enter into this agreement
• You agree to comply with all applicable laws and regulations
• You accept these Terms and our Privacy Policy

2. Description of Service

Hearby is a social music-sharing application that allows users to:

• Discover what music others around them are listening to
• Share their own music activity with nearby users
• Connect with people through shared musical interests
• Explore new music based on location and social connections

3. User Accounts

Account Creation

• You must provide accurate and complete information when creating your account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One person may only maintain one account

Account Termination

You may delete your account at any time. We may suspend or terminate accounts that violate these Terms or for other legitimate business reasons.

4. User Conduct and Responsibilities

Acceptable Use

You agree to use Hearby responsibly and respectfully. You may:

• Share music you have the right to share
• Interact positively with other users
• Respect others' privacy and preferences
• Use the app's features as intended

Prohibited Activities

You agree NOT to:

• Share copyrighted music without proper authorization
• Harass, bully, or threaten other users
• Share inappropriate, offensive, or illegal content
• Attempt to hack, reverse engineer, or compromise the app
• Create fake accounts or impersonate others
• Spam other users or misuse the communication features
• Use the app for commercial purposes without permission
• Violate any applicable laws or regulations

5. Privacy and Location Services

Hearby requires location access to show nearby music activity. By using the app:

• You consent to location data collection as described in our Privacy Policy
• You understand that your general location may be visible to nearby users
• You can control your location sharing preferences in app settings
• You acknowledge that disabling location services may limit app functionality

6. Music Integration and Copyright

Third-Party Music Services

Hearby integrates with music streaming services like Spotify and Apple Music. You must:

• Have valid accounts with these services
• Comply with their respective terms of service
• Respect copyright and licensing restrictions

Copyright Compliance

You are responsible for ensuring you have the right to share any music content. We may remove content that infringes copyright and may terminate accounts of repeat infringers.

7. Content and Data

Your Content

You retain ownership of content you share through Hearby, but you grant us a license to:

• Display your shared music activity to nearby users
• Process your data to provide and improve the Service
• Use aggregated, anonymized data for analytics and improvements

Our Content

The Hearby app, including its design, features, and technology, is owned by us and protected by intellectual property laws.

8. Disclaimers and Limitations

Service Availability

We strive to keep Hearby available 24/7, but we cannot guarantee uninterrupted service. The app may be unavailable due to:

• Maintenance and updates
• Technical issues
• Third-party service outages
• Force majeure events

Disclaimer of Warranties

Hearby is provided "as is" without warranties of any kind. We do not guarantee that the Service will meet your expectations or be error-free.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of Hearby.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of others' rights
• Content you share through the app

10. Changes to Terms

We may update these Terms periodically. We will notify you of significant changes through:

• In-app notifications
• Email notifications
• Website announcements

Your continued use of Hearby after changes constitutes acceptance of the new Terms.

11. Termination

Either party may terminate this agreement at any time. Upon termination:

• Your access to the Service will cease
• Your data may be deleted according to our Privacy Policy
• Certain provisions of these Terms will survive termination

12. Governing Law and Disputes

These Terms are governed by [Your Jurisdiction] law. Any disputes will be resolved through:

• Good faith negotiation first
• Binding arbitration if negotiation fails
• Courts of [Your Jurisdiction] for certain types of claims

13. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hearby regarding your use of the Service.