Scrobbling License Terms¶

Effective date: Not effective.

These Terms are preliminary and are subject to change without notice. This document merely serves as a preview. These Terms are not legally binding until an update is made that states from which date onwards these Terms go into effect.

1. Definitions¶

In these Terms, the following terms have the meanings this section ascribes those terms:

"We", "us", or "our" refers to Jonas van den Berg, the author of Music Presence, operating as Software Engineering Jonas van den Berg;

"Free Trial" means the process of using and evaluating certain or all Scrobbling Features. A Free Trial can be started directly within the Software by connecting a Scrobbling Account or a Scrobbling Target. Free Trials are granted on a case-by-case basis and last only for a limited time period;

"Free Trial License" means a Scrobbling License that is automatically granted to you after successfully starting a Free Trial and that lasts for the duration of the Free Trial;

"Gift Code" means a piece of text, a series of numbers (a code) or a link to our Website that can be used to claim a Gifted License and receive a License File for use with the Software;

"Gifted License" means a Personal License that was granted to you by us free of charge;

"License File" means a computer file that is representative of your Scrobbling License and which is required by the Software in order to prove that you were granted a Scrobbling License by us and to activate Scrobbling Features within the Software;

"Lifetime License" means a Personal License that never expires and is valid as long as the Software exists;

"Music Presence" means the desktop application called "Music Presence" authored by Jonas van den Berg that can be downloaded directly from our Website or indirectly from an external website that we link to on our Website and that is clearly labelled as a download link or download button;

"Personal License" means a Scrobbling License that is purchased through our Website as outlined in section 5.1 License Purchase or claimed using a Gift Code as outlined in section 6.6 Claiming your License;

"To Scrobble to ..." (verb) means the act of Scrobbling by recording Scrobbles and uploading them to one or more Scrobbling Targets;

"Scrobble" (noun) means the music metadata that serves as a listening history record and that is uploaded to and stored with one or more Scrobbling Targets;

"Scrobbling" means the process of recording all or some of the metadata of live music playback on a computer device (a Scrobble), waiting until a sufficient amount of it has played and logging the Scrobble by uploading it to one or more Scrobbling Targets. A Scrobble may also be stored on the device and uploaded to one or more Scrobbling Targets at a later time, e.g. during the event that there is no internet connectivity;

"Scrobbling Account" is a user account of a Scrobbling Service;

"Scrobbling Features" means features and functions of the Software that aid with the process of Scrobbling and which require a Scrobbling License and activation with a License File to be used. It is made clear throughout the Software which features are Scrobbling Features. These features are also outlined further in section 3. Description of Service;

"Scrobbling License" means a non-exclusive and non-transferable right and license granted to you by us to use Scrobbling Features as outlined in these Terms. You are granted this right only via a Personal License or a Free Trial License and through no other means. In certain cases you may be granted this right multiple times, the implications of which are outlined in section 7.5 Multiple Licenses;

"Scrobbling Service" is a Scrobbling Target that is shared and used by multiple users, which has a large volume of registered user accounts, where each account has its own set of recorded Scrobbles and which is not self-hosted by one individual or a small group of individuals. Examples for Scrobbling Services are Last.fm, ListenBrainz and Libre.fm;

"Scrobbling Target" means a server or service that is the singular upload target or one of several upload targets during the process of Scrobbling and which stores and processes Scrobbles to provide statistics, give music recommendations and/or simply serve as a record of someone's listening history. A Scrobbling Target may either be a Scrobbling Service or a self-hosted Scrobbling Target for personal use;

"Scrobbling Target Type" means a type of Scrobbling Target that is supported by the Software and that can be selected in the Software when you connect a Scrobbling Account or a Scrobbling Target. Examples for types of Scrobbling Targets, independent of whether it is supported by the Software or not, include Scrobbling Services, such as Last.fm, ListenBrainz and Libre.fm, self-hosted Scrobbling Targets such as Maloja and generic Scrobbling Targets such as any Audioscrobbler 2.0 API-compatible Scrobbling Target or any ListenBrainz API-compatible Scrobbling Target. Some supported Scrobbling Target Types are offered multiple times by the Software with different login methods;

"Service" means the content, services and products we offer in or through the Software and at or through our Website and that are described in detail in these Terms. Our Service is summarized in section 3. Description of Service;

"Software" means the Music Presence desktop application;

"Standard License" means a Personal License that expires after a certain amount of time, typically, but not necessarily exclusively, 1 year or 2 years. Once expired, the Scrobbling License is no longer granted to you and you lose the right to use Scrobbling Features with that Scrobbling License;

"Website" refers to our website located at musicpresence.app. It also refers to subdomains of musicpresence.app that are owned by us, such as licensing.musicpresence.app.

2. Acceptance of Terms¶

You agree to be bound by these Terms by purchasing a Personal License from within the Software or via our Website (see section 5. Personal License), by starting a Free Trial within the Software (see section 4. Free Trial License) or by claiming a Scrobbling License with a Gift Code (see section 6. Gifted License).

If you do not agree to these Terms, do not purchase a Personal License, do not start a Free Trial and do not claim a Scrobbling License with a Gift Code.

3. Description of Service¶

The Software offers several Scrobbling Features to aid with Scrobbling, such as:

Recording of metadata of live music playback and recording of Scrobbles
Real-time uploading of recorded Scrobbles to Scrobbling Targets
General compatibility with a very wide range of desktop media players
Fine-grained configuration of all relevant Scrobbling parameters
Reliable Scrobbling of the primary artist and primary album artist of a music track
Editing music metadata with common presets and custom regular expressions
Robustness, user-friendliness and a minimal device footprint (low CPU usage, etc.)

This list of features is not exhaustive as the Software is under continuous development and new features are added frequently. It is made clear throughout the Software which of the features of the Software that are not listed here are Scrobbling Features.

To make use of Scrobbling Features a Scrobbling License is required. A Scrobbling License is granted to you by us either by starting a Free Trial, by purchasing a Personal License or by claiming a Personal License with a Gift Code.

4. Free Trial License¶

We offer a Free Trial for you to evaluate all Scrobbling Features and to find out whether the Software works well for your purposes and the media players you are using.

4.1 Starting a Free Trial¶

To start your Free Trial, open the settings of the Software and connect a Scrobbling Account or a Scrobbling Target. Unless you have already imported a valid License File before, you will be prompted to start your Free Trial. After successfully starting your Free Trial you are granted a limited-time Free Trial License and you can use and evaluate all Scrobbling Features for the duration of the Free Trial.

No signup is required to start a Free Trial. Certain data is collected and stored in order to prevent abuse and to ensure a Free Trial can only be started once. For more information read section 9. Data Collection and Privacy.

You may only start a Free Trial once within a time frame of 365 days. After having evaluated all Scrobbling Features during your Free Trial, you need to purchase a Scrobbling License (see section 5. Personal License) in order to continue using Scrobbling Features.

4.2 License File Delivery¶

The License File for the Free Trial is delivered and imported into the Software automatically and is stored on your device for the duration of the Free Trial. You do not need to create a copy of your License File. If you lost access to your License File for your Free trial, you can receive a new one by continuing your Free Trial, see section 4.5 Contuining a Free Trial.

4.3 Free Trial Duration¶

Your Free Trial lasts for a duration as long as advertised in the Software, typically no longer than 30 days. The Free Trial will end once the advertised duration has passed since the point in time at which you started your Free Trial. When the Free Trial ends, your Free Trial License expires and you lose the right to use Scrobbling Features.

You cannot pause your Free Trial. We recommend to only start your Free Trial, if you are certain you are going to use the Scrobbling Features of the Software within the advertised duration, as you can't start a second Free Trial later.

4.4 Free Trial Limitations¶

You can only connect one Scrobbling Account or Scrobbling Target during your Free Trial and evaluate all Scrobbling Features with that one Scrobbling Account or Scrobbling Target. This limitation is lifted once you purchase a Scrobbling License (see section 5. Personal License).

4.5 Continuing a Free Trial¶

To continue your Free Trial, e.g. on another device or after reinstalling the Software, you can simply follow the steps again in section 4.1 Starting a Free Trial. You may only continue your Free Trial, if your Free Trial has not ended yet.

5. Personal License¶

We offer Standard Licenses and Lifetime Licenses for purchase (either of these may be referred to as a "Personal License"). A Personal License grants you access to all Scrobbling Features and is for personal use only. There are no tiered licenses.

5.1 License Purchase¶

To get access to Scrobbling Features a Personal License must be purchased. This process can be initiated from within the Software or from our Website.

Our order process for Standard Licenses and Lifetime Licenses is conducted by our online reseller Paddle.com ("Paddle"). Paddle is the Merchant of Record for all our Standard License and Lifetime License orders. The Paddle Buyer Terms, Privacy Policy and Refund Policy (collectively "Paddle Terms") apply when you make a purchase. Regarding your purchase, in case there are any contradictions between the Paddle Terms and these Terms here, the Paddle Terms are deemed to take precedence.

Successful conclusion of your payment and purchase grants you your Personal License.

Alternatively to purchasing a Personal License, you can also be granted a Personal License via a Gift Code, see section 6. Gifted License for more details.

For information on refunds refer to section 7.7 Refunds.

5.2 License File Delivery¶

Once you are granted your Personal License, you will receive an e-mail that contains a License File for your Personal License. This process is automatic and should happen within minutes. Your License File is sent to the e-mail address that you specified during checkout. We recommend to download the License File immediately and to store it in a safe place.

If you cannot find the e-mail with your License File, please check your spam folder first. If you cannot find it there, do not hesitate to contact us and we will get the issue resolved.

This License File is representative of your Personal License and is associated with your Personal License. It is needed to prove to the Software that you were granted a Personal License by us (see section 5.4 Using your License File). You may only keep at most one License File for a Personal License that was granted to you by us and you may keep any number of copies of that License File. If you are granted a new License File for your Personal License, you must erase all copies of old License Files for your Personal License. You may only use the License File with the Software that was most recently sent to you by us.

5.3 License File Contents¶

The License File is a plain text file that you can open in any text editor to look at its contents. A License File must not be modified. It contains the following information:

Your name (the name you specified during checkout)
Your e-mail address (the e-mail address you specified during checkout)
The time at which you purchased your Personal License
The time at which your Personal License expires (only for Standard Licenses)
The globally unique ID of the License File
The time at which the License File was created
A shared secret key ("Shared Secret") and a private secret key ("Private Secret")
A cryptographic signature that proves the authenticity of the License File and ensures the integrity of the contents of the License File
A backup of the License File to recover the original contents, in case the file is modified

The Private Secret in your License File is used for cryptographic operations to keep certain information private and unknown to us and is not stored on our servers. It is generated on our servers using a secure random number generator at the time of purchase of your Personal License, to then be added to the License File, after which the License File (and the Private Secret) is signed and then sent to you by e-mail. The Private Secret is discarded from our servers afterwards.

The Private Secret is used by the Software for cryptographic operations on data that is exchanged with our servers during your use of your Personal License. For more information on what data is exchanged with our servers, see section 9. Data Collection and Privacy.

Modifying a License File may render it invalid and potentially unusable. There is a backup portion inside each License File which is used during importing of the License File into the Software to recover the original License File, in case the License File was modified, but this automatic recovery may not always work. For information on how to recover your License File manually, in case you have made irrecoverable modifications or you lost your License File, see section 7.2 License File Recovery.

5.4 Using your License File¶

To make use of your Personal License, download the License File from the e-mail, then import it into the Software. Importing is done in the "License" section in the settings of the Software or via the "Help" menu. You can either drag the License File directly into the settings window or open the file selector to select your License File.

5.5 Usage on Multiple Devices¶

You may use your License File on any number of computer devices and on any desktop operating system (Linux, Mac and Windows). To use it on other devices, copy the License File to that device and import it the same way as described above.

5.6 Scrobbling Target Limit¶

The limits described in this section are designed to not be restrictive during normal use of your Personal License. These limits only exist to prevent abuse, see section 7.4 License Termination.

Your Personal License may only be used with at most one Scrobbling Account per Scrobbling Service. You may switch to using a different Scrobbling Account of the same Scrobbling Service at any time, but you must not switch back and forth between Scrobbling Accounts of the same Scrobbling Service over an extended period of time (a few days or more).

For any other Scrobbling Targets that are not Scrobbling Services, your Personal License may only be used with at most one Scrobbling Target per Scrobbling Target Type. You may switch to using a different Scrobbling Target of a specific Scrobbling Target Type at any time, but you must not switch back and forth between Scrobbling Targets of the same Scrobbling Target Type over an extended period of time (a few days or more).

These limits apply across all instances of the Software that make use of your Personal License, i.e. each instance of the Software where a License File that is associated with your Personal License has been imported.

You may only use Scrobbling Accounts of Scrobbling Services with the respective Scrobbling Target Type for that Scrobbling Service, such as Last.fm, ListenBrainz or Libre.fm. You may not use Scrobbling Accounts of Scrobbling Services with Scrobbling Target Types that are "API-compatible", such as Audioscrobbler 2.0 API-compatible, Audioscrobbler 1.2 API-compatible or ListenBrainz API-compatible Scrobbling Target Types.

As an example, if you are logged in to two different Scrobbling Accounts of the same Scrobbling Service on two different devices that use the same Personal License (e.g. separate Last.fm accounts on two different devices), you must either log out of one of these Scrobbling Accounts in the Software and not use that Scrobbling Account with your Personal License or use a separate, secondary Scrobbling License for your use with the other Scrobbling Account on the other device. For more information on using multiple Scrobbling Licenses with the Software, refer to section 7.5 Multiple Licenses.

As another example, you may not Scrobble to two different, self-hosted Audioscrobbler 2.0 API-compatible Scrobbling Targets from two different devices using the same Personal License. We recommend you use identical connection details for each Scrobbling Target Type you connect in the Software across all devices.

We believe this is the best trade-off between freedom of use of your License and preventing abuse due to the possibility of License File sharing (see section 7.1 License Sharing). The vast majority of people will never use more than one Scrobbling Account with the same Scrobbling Service at the same time or more than one Scrobbling Target per self-hosted Scrobbling Target Type, as the very nature of Scrobbling is to collect your complete music listening history in one place.

5.7 License Expiry¶

Standard Licenses expire after the duration that was advertised on the purchase page, starting from the date and time at which you purchased your Standard License.

A Scrobbling License that is expired may not be used anymore and must be renewed by being granted a new Scrobbling License in order to continue using Scrobbling Features. The Software will refuse to import a Scrobbling License that is expired. An already imported Scrobbling License that has expired will stop working after the date and time of expiry. The Software will give notice when your Scrobbling License is about to expire.

You can see the exact date and time at which your Scrobbling License expires by opening the License File and looking at the expiry time. Note that the date and time is usually given in the UTC "Zulu" time zone (denoted with the letter "Z" after the timestamp).

6. Gifted License¶

We offer Personal Licenses as gifts from us to you ("Gifted License"). A Gifted License is always granted to you by us and cannot be granted by other individuals. You cannot be granted a Scrobbling License and you cannot be gifted a License File by other individuals.

Other individuals can buy a Gift Code and send it to you for you to claim a Personal License without having to purchase a Personal License yourself.

A Gifted License is a Personal License and the same Terms, restrictions and limits apply to Gifted Licenses as they do for Personal Licenses as outlined in section 5. Personal License. Section 5.1 License Purchase does not apply to Gifted Licenses, as Gifted Licenses do not require a purchase.

6.1 Distribution¶

We distribute Gift Codes – a piece of text, a series of digits or a link to our Website – that can then be used to claim a Personal License (see section 6.6 Claiming your License) and receive a License File for use with the Software (see section 6.7 License File Delivery).

Gift Codes are issued in the following ways:

You or another individual purchases one or more Gift Codes
You or another individual purchases a Personal License and decides to also buy one or more Gift Codes to give away to a random individual on our social platforms, through our social media accounts or on a similar platform
We may create Gift Codes for giveaways or as gifts to randomly selected individuals
We may create Gift Codes to hand them out to specific individuals

6.2 Gift Code Purchase¶

You can purchase Gift Codes from within the Software or from our Website.

Our order process for Gift Codes is conducted in the same way as for Personal Licenses (see section 5.1 License Purchase), with the exception that purchasing a Gift Code does not grant you a Personal License, but instead we issue one or more Gift Codes which we then send to you by e-mail (see section 6.3 Gift Code Delivery) for you to either use for yourself or to send to other individuals (see section 6.4 Gift Code Sharing).

Gift Codes can either be purchased for yourself and/or specific other individuals ("Personal Gift Code") or they can be purchased to be given away to a random individual on our social platforms, through our social media accounts or on a similar platform ("Giveaway Gift Code"). The intended purpose of the Gift Code is always made clear on our Website and purchase pages. Giveaway Gift Codes are subject to restrictions, please refer to section 6.6 Claiming your License for details.

For information about refunds refer to section 7.7 Refunds.

6.3 Gift Code Delivery¶

For Personal Gift Codes, once you concluded your purchase, you will receive an e-mail with your Gift Code or Gift Codes. This process is automatic and should happen within minutes. Your Gift Codes are sent to the e-mail address that you specified during checkout.

If you cannot find the e-mail with your Gift Code or Gift Codes, please check your spam folder first. If you cannot find it there, do not hesitate to contact us and we will get the issue resolved.

For Giveaway Gift Codes, once you concluded your purchase, we create the Gift Code or Gift Codes and keep a record of it internally to later distribute it in a giveaway on our social platforms, through our social media accounts or on a similar platform. If you have questions about whether any of your Giveaway Gift Codes have already been given away, when they will approximately be given away and where they will be given away, do not hesitate to contact us.

You may share Personal Gift Codes you purchased with any individual. Gift Codes are meant to be shared, e.g. as a present for someone or in order to take on the payment process for someone else without requiring their payment details. You are allowed to share Gift Codes in public and/or on social media platforms.

Please be careful who you share your Gift Codes with, as anyone in possession of a valid Gift Code can claim a Personal License with it and invalidate the Gift Code in the process (see section 6.6 Claiming your License). We do not recover Gift Codes that have been used, if you change your mind later, so make sure you send it to the right person. If however you suspect the receiver of the Gift Code is performing actions that are in breach of these Terms, such as reselling the Gift Code (see section 7.6 Reselling), do not hesitate to contact us.

Gift Codes may be redistributed any number of times. If someone sent you a Gift Code, you are free to forward it to someone else, if you don't want to claim a Personal License yourself.

6.5 Gift Code Expiry¶

Gift Codes expire after a period of 180 days (roughly 6 months) after creation or purchase. If a Gift Code has not been claimed within this period, it expires, i.e. the code is invalidated and can no longer be used.

After buying a Gift Code, please make sure the Gift Code is used by you or someone else. If you do not have a use for your Gift Code anymore, you may be eligible for a refund. For more information, read section 7.7 Refunds.

6.6 Claiming your License¶

If you have a Gift Code and you want to claim a Personal License with it, you can do so through our Website: https://licensing.musicpresence.app.

There you will find information and steps to follow in order to claim your Personal License with your Gift Code. You will have to enter your name, e-mail address and the Gift Code in order to be granted a Personal License and receive a License File for your Personal License. One Gift Code can be used to claim one Personal License and the Gift Code becomes invalid after it is used. An invalid Gift Code cannot be used again.

You are allowed to claim as many Personal Licenses as you like with Personal Gift Codes. You may however only claim one Personal License with Giveaway Gift Codes for your own use. You are not allowed to use multiple Giveaway Gift Codes for yourself. For more information, read section 7.5 Multiple Licenses.

6.7 License File Delivery¶

Once you submitted the form on the website mentioned in section 6.6 Claiming your License with your details and a valid Gift Code, you will receive an e-mail that contains a License File for your Personal License. Your License File is sent to the e-mail address that you specified in the form. For more information, read section 5.2 License File Delivery, as the process for Personal Licenses also applies for Gifted Licenses.

7. Additional Terms¶

Any Scrobbling License that is granted to you and every License File you receive from us is for personal use only and may not be shared with or used by individuals other than you. A Scrobbling License cannot be transferred to other individuals.

If you deliberately share your License File with other individuals, your Scrobbling License will be terminated and we may refuse to do business with you again in the future. For more information, see section 7.4 License Termination.

If you have accidentally shared or leaked your License File and you suspect others might be using it, please contact us immediately and you will receive a new License File. The old License File will be revoked and will no longer work with the Software. This is handled identically to License File recovery and the same Terms apply, see 7.2 License File Recovery.

7.2 License File Recovery¶

If you irrecoverably lost your License File, you may contact us to receive a new License File. Your old License File will be revoked and will no longer work with the Software. To prevent the need for recovery, please download your License File from the e-mail you received after purchase and make sure to store it in a safe place.

To reduce the risk of abuse and to encourage storing your License File safely, we will only recover your License File once within a 14-day period. If you lose your License File again within that period, you will have to wait until 14 days passed from the point in time where you last received a recovered License File, before we send you another License File.

7.3 License File Revocation¶

A License File that is being used by multiple individuals (see 7.1 License Sharing) or that exceeds the Scrobbling Target Limit (see 5.6 Scrobbling Target Limit) is in breach of these Terms and may be revoked at any time.

For detailed information on how this is detected by our systems and what information is sent to our servers to detect this, read section 9. Data Collection and Privacy.

If your License File has been revoked, you have a right to receive a new License File, if, and only if, you did not deliberately share your License File with another individual (see section 7.1 License Sharing). To do so, please contact us and explain the situation.

7.4 License Termination¶

The following events may lead to the termination of your Scrobbling License:

You deliberately share the associated License File in public for others to use
You deliberately share the associated License File with another individiual for them to use
License Files for your Personal License have been revoked multiple times because you continuously are in breach of section 5.6 Scrobbling Target Limit
Your Scrobbling License, the associated License File or the Gift Code that was used to claim the Scrobbling License is or was offered for sale by another party or individual, as outlined in section 7.6 Reselling

When your Scrobbling License is terminated, any License File that was sent to you is revoked and will stop working indefinitely. A terminated Scrobbling License cannot be recovered and is not eligible for a refund.

If you accidentally used two different Scrobbling Accounts of the same Scrobbling Service on multiple devices a few times (which would be in breach of section 5.6 Scrobbling Target Limit), your Scrobbling License will not immediately be terminated. Instead your License File may get revoked, if you continue to use those two Scrobbling Accounts at the same time on these two or more devices. You can then get a new License File, as explained in section 7.3 License File Revocation and we will explain to you why your License File was revoked, so it doesn't happen again in the future.

License termination is decided on a case-by-case basis and will only be considered in extreme or very obvious cases of misuse. If you believe that your Scrobbling License has been wrongfully terminated, do not hesitate to contact us and we will get the issue resolved.

7.5 Multiple Licenses¶

You can be granted multiple Scrobbling Licenses by us, e.g. by purchasing another Personal License, by using a Personal Gift Code to claim another Personal License or by purchasing a Personal License while your Free Trial has not ended yet.

If you were granted multiple Scrobbling Licenses, these are independent of each other. For instance, you can Scrobble to two different Last.fm accounts on separate devices by using one Personal License on each device, since using just one Personal License on both devices would be subject to the restrictions in section 5.6 Scrobbling Target Limit.

Giveaway Gift Codes are subject to restrictions, in order to prevent abuse and give everyone a fair chance at being granted a Personal License with a Giveaway Gift Code. You may not use a Giveaway Gift Code, if you have already used a Gift Code before to be granted a Personal License or if you have already purchased a Personal License for yourself in the past. Giveaway Gift Codes are meant to be used by individuals who e.g. cannot afford a Personal License or haven't had the chance to get a Personal License for themselves yet.

We reserve the right to invalidate any Giveaway Gift Codes and terminate any Personal Licenses that were claimed with it, if we find that such a Giveaway Gift Code was used by an individual who was already granted a Scrobbling License before the point in time at which a Personal License was claimed with it. In that case a new Giveaway Gift Code will be created and given to a different individual.

7.6 Reselling¶

You are allowed to purchase a Scrobbling License for other individuals, if you have their express permission to do so on their behalf, as you have to enter their name and e-mail address. We recommend that you buy a Gift Code instead though, so the other individual can enter their details themselves and they are guaranteed to receive their License File at the correct e-mail address. See section 6. Gifted License for more information.

You are not allowed to create a shop or market that offers Scrobbling Licenses, License Files or Gift Codes ("License Items") to others. You are not allowed to resell License Items in any way or offer License Items in exchange for money or other goods.

If we find that a Scrobbling License or a License File is offered for sale, we will terminate the Scrobbling License or the Scrobbling License associated with the License File, as outlined in section 7.4 License Termination.

If we find that a Giveaway Gift Code that was given to you by us is offered for sale, we will invalidate that Giveaway Gift Code and terminate any Scrobbling Licenses that were claimed with it, create a new Giveaway Gift Code and give it to a different individual. You will not receive any more Giveaway Gift Codes in the future.

If we find that a Personal Gift Code that was given to you by us or another individual is offered for sale, we will invalidate that Personal Gift Code and terminate any Scrobbling Licenses that were claimed with it. If you purchased a Gift Code and the individual who you gave it to is attempting to resell it or has sold it, please contact us and we will invalidate that Personal Gift Code, terminate any Scrobbling Licenses that were claimed with it and give you a new Gift Code. You may also be eligible for a refund. For more information, read section 7.7 Refunds.

7.7 Refunds¶

In the European Union refunds are available within 14 days of purchase, you do not need to provide a reason if you decide to request a refund. In other regions refunds are only available for special cases, they are decided on a case by case basis and they are not guaranteed. Make sure to make use of the Free Trial prior to making a purchase.

To request a refund, contact us at contact@musicpresence.app. Your refund request will only be processed, if you contact us within 14 days after the purchase. Refunds will not be processed, if your Scrobbling License has been terminated due to abuse, as outlined in section 7.4 License Termination. Refunds will not processed, if your Gift Code has been invalidated due to being offered for sale, as outlined in section 7.6 Reselling.

When contacting us, please provide the following information:

Your name
Your intent to refund your purchase. If you purchased multiple items, please specify whether you want to refund all or some of the items you purchased
The e-mail address you used to make your purchase
The date on which you made your purchase
The order ID of the purchase

In case you can not provide some of the requested information, we will look it up for you.

As soon as we receive your refund request we will tell our reseller to send back your money. This will happen as soon as possible, at the latest 14 days after your request has been received. Your Scrobbling License will be revoked and will stop working automatically. Any Gift Codes you purchased will be invalidated and Scrobbling Licenses that were claimed with these Gift Codes will be revoked and will stop working automatically.

8. Compatibility¶

We do our best for the Software to be compatible with as many devices and operating systems (abbreviated as "OS") as possible and with as many media players as possible, but due to the ever-changing nature of modern operating systems, media players and applications, this can't always be guaranteed and functionality that worked before may stop working at any point in the future for reasons outside of our control.

If you have any questions regarding the compatibility of the Software, do not hesitate to contact us.

8.1 Your Responsibilities¶

It is your responsibility to ensure that the Software works on your operating system and with your specific media players and applications before purchasing a Personal License. You can do so by making use of the Free Trial (see section 4. Free Trial License).

Still, if you did not ensure that the Software is compatible with your operating system and media players before purchasing a License, you may be eligible for a refund. For more information, read section 7.7 Refunds.

8.2 Older OS Versions¶

Generally, a specific version of the Software should keep working with older operating system versions, if it worked with it before. New versions of the Software may stop working with older operating system versions, as we can't maintain compatibility with specific operating system versions forever.

8.3 Future OS Versions¶

There is no guarantee that the Software and all Scrobbling Features will be compatible with future operating system versions. This is because the operating system you use might change significantly with the next update and any Application Programming Interface ("API") that is needed for the Software to work on your device might not be available in a future version of the operating system or might not offer some or all of the functionality it offered before.

For Linux and Windows users it is very unlikely that the Software will stop working with a newer version of your operating system, as the APIs that the Software uses are very widely used and any breaking changes would also break other software in the process.

For macOS users, if you are using a media player that supports reading the currently playing media or song with AppleScript, there will most likely not be any breaking changes in future operating system versions that could cause the Software to stop working with your media player. This is only the case with very few media players, e.g. Apple Music and Spotify. Most other media players that are supported on macOS rely on private APIs that are not officially documented by Apple and we can give no guarantee that Apple won't lock these APIs down further with the next macOS update.

Alpha, beta or other test operating system versions are not guaranteed to work with the Software and you should not expect the Software to work with them.

8.4 Media Players¶

There is no guarantee that your media player will work with the Software. Please test your media player first, as outlined in section 8.1 Your Responsibilities.

We also cannot guarantee that a media player that worked before will continue to work, although a version of the media player that worked before should keep working indefinitely, as long as the Software supports the operating system version you are using. Newer versions of media players might undergo significant changes where these media players might stop reporting what media or music they are playing to the operating system.

Some media players might need helper plugins or helper programs that need to be installed in addition to or run alongside the Software. For more information visit https://go.musicpresence.app/media-player-plugins.

8.5 Time Synchronization¶

You are expected to synchronize the time on your computer at regular intervals. This is normally done automatically by your device's operating system, but your device time can go out of sync by itself for various reasons. If your License File is not accepted by the Software, please make sure your device time is reasonably synchronized. We cannot guarantee that your License File is accepted by the Software with a vastly incorrect system time. An incorrect system time also has a negative impact on your Scrobbles.

8.6 Internet Connectivity¶

To import a License File you must have a working internet connection. This is necessary to check if your License File has not been revoked (see section 7.3 License File Revocation) and to be able to revoke License Files for Scrobbling Licenses that were refunded (see section 7.7 Refunds) or that were shared with other individuals (see section 7.1 License Sharing).

After successfully importing your License File, you may at any time go offline for a duration of up to 14 days, after which you need to go online again for Scrobbling Features to continue working with your License File. Once you are online again, you may need to stay online for multiple minutes for the Software to be able to contact our servers and upload your Scrobbles. Afterwards, you may go offline again for a duration of up to 14 days. You can repeat this cycle any number of times while you use your License File with the Software.

To start a Free Trial you must have a working internet connection. This is necessary to check if you haven't already completed a Free Trial in the past, see section 4.1 Starting a Free Trial.

9. Data Collection and Privacy¶

We collect the minimum amount of data needed to fulfill this contract and to prevent abuse.

For information on what data is collected when you perform actions that are bound by these Terms, please refer to our Privacy Policy. The following serves as an overview over some of the sections in our Privacy Policy that are relevant to these Terms:

Section 3.3 Scrobbling Data outlines which data is collected specifically for your use of Scrobbling Features of the Software. Section 3.1 Media Metadata and other sections that mention Scrobbling are also relevant for your use of Scrobbling Features
Section 3.5 Abuse Prevention Data outlines which data is collected to prevent abuse, specifically when you start a Free Trial, when you import a License File and when you use an imported License File
Section 3.7 Payment Information outlines which data is collected when you purchase a Scrobbling License or a Gift Code
Section 4.2 Scrobbling outlines how the collected data is used in order to deliver your License File and provide Scrobbling Features within the Software. It also outlines what options you have to limit data processing in the context of Scrobbling
Section 4.5 Abuse Prevention outlines how the collected data is used in order to prevent abuse, why it needs to be collected, how it is preprocessed before it is sent to us and stored on our servers and which privacy practices we uphold to ensure your privacy
Section 5. Third-Parties and its subsections, which are also referenced in the above mentioned sections, outlines to which third-parties the collected data is sent

Other sections of our Privacy Policy that were not explicitly mentioned in this list are still relevant when you agree to these Terms. Please read the entire Privacy Policy to be fully informed about our privacy practices, your rights and how to exercise your rights. The overview in this section only serves as an informal introduction and is not legally binding. Only our Privacy Policy is legally binding in regard to data collection and your privacy.

10. Disclaimer of Warranty¶

We provide the Service "as is" and "as available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

We do not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of the Software, License Files, Gift Codes, information, content or other material obtained from the Service.

11. Limitation of Liability¶

To the extent not prohibited by law, in no event will Jonas van den Berg or its affiliates be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the Software, Scrobbling Features, License Files, Gift Codes or other aspects of the Service, even if Jonas van den Berg has been advised of the possibility of such damages. In no event will Jonas van den Berg's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Scrobbling Licenses or Gift Codes under these Terms. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

12. Indemnification¶

You agree to defend, indemnify, and hold harmless Jonas van den Berg and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, or your violation of these Terms or any applicable law.

13. Force Majeure¶

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, cyberattacks, internet service disruptions, hosting provider outages, government actions or pandemic-related restrictions.

14. Changes to these Terms¶

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. Changes are communicated by e-mail or via notice in the Software.

What constitutes as a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

For Personal Licenses, the license terms that were in effect on the date on which you purchased your Personal License or on which you claimed your Personal License with a Gift Code remain binding for both you and us.

15. Place of Jurisdiction¶

The place of jurisdiction for any legal matters shall be Cologne, Germany.

16. Contact¶

For any matters regarding these Terms, do not hesitate to contact us at contact@musicpresence.app.