Terms of Service

Last updated: March 22, 2023

From everyone at Tunebat, thank you for using our products! Because we don’t know every one of our users personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Tunebat LLC.

When we say “Services”, we mean our websites, including swampy.rocks. That includes Swampy, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security, if available. In some of our Services, we may require it.
You may not use the Services for any purpose outlined in our Use Restrictions, and you may not permit any of your users to do so, either.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Use Restrictions: Restricted Purposes

Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use Tunebat products to plan, perpetrate, or threaten that activity.
Child exploitation, sexualization, or abuse: We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop.
Hate speech: You cannot use our products to advocate for the extermination, domination, or oppression of people.
Harassment: Intimidating or targeting people or groups through repeated communication, including using racial slurs or dehumanizing language, is not welcome at Tunebat.
Doxing: If you are using Tunebat products to share other peoples’ private personal information for the purposes of harassment, we don’t want anything to do with you.
Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
Spamming: No one wants unsolicited commercial emails. We don’t tolerate folks (including their bots) using Tunebat products for spamming purposes. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
Cybersquatting:If you acquire a Tunebat product account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancellation.
Infringing on intellectual property: You can’t use Tunebat products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

While our use restrictions are comprehensive, they can’t be exhaustive — it’s possible an offense could defy categorization, present for the first time, or illuminate a moral quandary we hadn’t yet considered. That said, we hope the overarching spirit is clear: Swampy is not to be harnessed for harm, whether mental, physical, personal or civic. Different points of view — philosophical, religious, and political — are welcome, but ideologies like white nationalism, or hate-fueled movements anchored by oppression, violence, abuse, extermination, or domination of one group over another, will not be accepted here.

How to report abuse

For cases of suspected malware, spyware, phishing, spamming, and cybersquatting and all other cases, please let us know by emailing [email protected]. If you’re not 100% sure if something rises to the level of our use restrictions policy, report it anyway.

Please share as much as you are comfortable with about the account, the content or behavior you are reporting, and how you found it. Sending us a URL or screenshots is super helpful. We will not disclose your identity to anyone associated with the reported account. For copyright cases, we've outlined extra instructions on how to notify us about infringement claims.

Payment, Refunds, and Plan Changes

If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts immediately.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties. If you have questions or need to update your billing address, contact us at [email protected].
We process refunds at our discretion. If our services fail to deliver on their advertised purposes, you can expect a full or partial refund, or credits. If you were charged, but didn't use the service, you can notify us within one month of the charge and expect a full refund. To get in touch about refunds, contact us at [email protected].

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact us at [email protected].
If you cancel the Service before the end of the current payment period, your cancellation will take effect at the end of the payment period, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services, but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
You agree that Tunebat may process your data as described in our Privacy Policy. We as humans can access your data for the following reasons:

To help you with support requests you make.
On the occasions when an error occurs that stops an automated process partway through. In these cases, we may have to look at personal data to fix the issue.
To safeguard Tunebat. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Swampy.
Under the California Consumer Privacy Act (“CCPA”), Tunebat is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Tunebat’s Services in a way that violates the regulations.

Copyright and Content Ownership

All content posted on the Services must comply with U.S. copyright law.
You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
We reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Notification of Copyright Infringement Claims

You can’t use Tunebat products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

Are you a copyright owner? Under the Digital Millennium Copyright Act (17 U.S.C. § 512), you have the right to notify us (Tunebat, LLC) if you believe that an account user of any product we built and maintain has infringed on your work(s) as copyright owner. To be effective, the notification of claimed infringement must be written. Please include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work(s) claimed to have been infringed. If there are multiple, please share a representative list of those works.
A way for us to locate the material you believe is infringing the copyrighted work.
Your name and email address so that we can get back to you.
A statement that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Digital Millennium Copyright Act (“DMCA”) Counter-notifications

If you believe your material has been removed in error, you can file a written counter-notification. Please include the following information:

A physical or electronic signature, or the signature of the person authorized to act on your behalf.
A description of the material that was removed.
A description of where the material appeared in Tunebat products prior to their removal.
Your name and email address so that we can get back to you.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in the district of Harris County, TX (where Tunebat is located).
A statement that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. (In other words, you’ve designated that person to receive documents on your behalf.)

Where to Send Notices

You can notify us of either copyright infringement claims or DMCA counter-notifications through the following channel:

By email: [email protected]

Features and Bugs

We design our Services with care, based on our own experience and the experiences of users who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We may offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

We are not liable or accountable for any third-party integrations.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Relationship with Spotify

Swampy provides an option for users to authenticate by linking accounts with Spotify and is bound by Spotify's developer terms.

We do not make any warranties or representations on behalf of Spotify and expressly disclaim all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
We prohibit modifying or creating derivative works based on the Spotify Platform, Spotify Service or Spotify Content;
We prohibit decompiling, reverse-engineering, disassembling, and otherwise reducing the Spotify Platform, Spotify Service, and Spotify Content to source code or other human-perceivable form, to the full extent allowed by law;
We disclaim any liability on the part of Spotify;
Spotify is a third party beneficiary of our end user license agreement and privacy policy and is entitled to directly enforce our end user license agreement.

If you have a question about any of these Terms, please contact our Support team.

This policy is open source, licensed under CC BY 4.0, adapted from Basecamp open-source policies