Terms of Use for Android

These Terms of Use (hereinafter the "Terms") constitute an agreement between Shosin Labs, an independent software studio (hereinafter the "Developer") and the User (as defined in Article 2) concerning the use of the bMusic application for Android (hereinafter the "Application"). By installing or using the Application, the User shall be deemed to have accepted these Terms. A person who does not accept these Terms shall not use the Application. The bMusic application for iOS is covered by separate Terms of Use.

Article 1 (Purpose)

These Terms set out the conditions upon which the Developer permits the User to use the Application, and the rights and obligations of the Developer and the User in connection therewith.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set out below:

(a) "User" means any person who installs or uses the Application;

(b) "User Content" means the audio files, tags, artwork, playlists and listening history that the User imports into, creates in or records by means of the Application;

(c) "bMusic Pro" means the one-time in-app purchase described in Article 6;

(d) "Google Play" means the digital distribution service operated by Google through which the Application and bMusic Pro are made available; and

(e) "Google" means Google LLC and, where the context so requires, its affiliates.

Article 3 (Grant of Licence)

1. The Developer grants the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User, for the User’s own purposes.

2. The Application is licensed, not sold. All rights in the Application not expressly granted to the User under these Terms are reserved by the Developer.

3. The User’s use of Google Play, including the download of the Application and the purchase of bMusic Pro, is also subject to the Google Play Terms of Service.

Article 4 (User Content and Copyright)

1. The Application does not supply any music. It is a player and library manager for files already in the possession of the User. The User shall be solely responsible for holding the right to each file imported into the Application, whether by purchase, by ownership or under the terms of the applicable licence, and for the manner in which the User uses such file.

2. The User shall not use the Application to copy, remove protection from, or otherwise deal with material in respect of which the User holds no right. The Application contains no function designed to circumvent digital rights management.

3. Importing from a link, a WebDAV or other server, or the User’s own computer transfers the files designated by the User, and recording the audio played by another application captures the audio that the User chooses to play. The provenance of such files and recordings shall be the responsibility of the User and not of the Developer.

4. User Content belongs to the User. The Developer claims no rights in User Content and, as set out in the Privacy Policy for Android, does not hold it.

Article 5 (Not a Backup Service)

1. User Content is stored on the User’s device only. The Application has no synchronisation feature, and User Content is excluded from the backup and device-transfer features of Android. The Developer holds no copy of User Content and is unable to restore any such copy. User Content may be lost if the Application is uninstalled or its data is cleared, or if the device is lost or reset.

2. The User shall retain independent copies of any User Content that the User is unable to replace.

Article 6 (bMusic Pro)

1. bMusic Pro is a one-time in-app purchase and not a subscription. It is purchased once and remains associated with the Google Account through which it was purchased. No recurring charge shall arise from such purchase.

2. The free version of the Application is permanent. Importing, playing and organising the User’s library are available without charge, and any User Content created by the User shall remain available to the User irrespective of whether bMusic Pro is purchased. bMusic Pro makes available the features listed by the Application on its purchase screen.

3. On a device on which no free trial has previously been started, the features of bMusic Pro are made available without charge for 7 days from the first launch of the Application (hereinafter the "Trial"). A trial started under an earlier version of the Application lasts for the period that applied when it was started. Reinstalling the Application does not entitle the User to a new Trial. When the Trial ends, the features of bMusic Pro cease to be available unless bMusic Pro is purchased, the free version referred to in paragraph 2 continues, and no charge arises.

4. The price of bMusic Pro is that displayed in Google Play for the User’s region at the time of purchase, and may be changed in respect of future purchasers. The purchase is sold and processed by Google through Google Play; the Developer receives no payment details of the User. The User may restore the purchase on the User’s other Android devices signed in to the same Google Account.

5. Refunds are handled by Google in accordance with the refund policies of Google Play and not by the Developer. Requests for refunds shall be made to Google as described in Google Play Help. Without prejudice to the foregoing, the User may notify the Developer of any malfunction of the purchase at the address set out in Article 15.

Article 7 (Prohibited Conduct)

The User shall not:

(a) copy, redistribute, resell or rent the Application, or represent the Application as the User’s own;

(b) decompile or reverse engineer the Application, except to the extent that applicable law expressly permits such acts notwithstanding an agreement to the contrary;

(c) use the Application to infringe copyright or to distribute material that the User has no right to distribute;

(d) attack or overload any service to which the Application connects, whether operated by the Developer or by any third party; or

(e) obtain or attempt to obtain the paid features of the Application without paying for them.

Article 8 (Changes to the Application)

1. The Developer may add, change or withdraw functions of the Application, and a future version of the Application may require a later version of the operating system. A function that depends upon a third-party service may cease to operate where that service ceases to operate.

2. Notwithstanding the foregoing, where the Developer withdraws a function made available by bMusic Pro, the Developer shall give notice thereof before such withdrawal takes effect.

Article 9 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty of any kind in respect of the Application, including without limitation any warranty that the Application will operate without interruption or error, that it will play every file supplied by the User, or that any transcription, separation or item of catalogue metadata will be accurate. Where the applicable law of any jurisdiction does not permit such exclusion, this Article shall apply only to the extent so permitted.

Article 10 (Limitation of Liability)

1. To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profits, or loss of data, including the loss or corruption of audio files, tags or playlists, arising from the use of the Application by the User. The aggregate liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User to the Developer in respect of the Application during the twelve months preceding such claim, which amount, in the case of the free version, is nil.

2. Nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

Article 11 (Google)

1. These Terms are concluded between the User and the Developer only, and not with Google. Google is not responsible for the Application or its content.

2. Maintenance of and support for the Application are provided by the Developer at the address set out in Article 15, and not by Google.

Article 12 (Termination)

1. The User may terminate these Terms at any time by deleting the Application. The Developer may terminate these Terms where the User commits a material breach thereof.

2. Notwithstanding termination, the provisions of these Terms which by their nature are intended to survive termination, including the cessation of the licence, the responsibility of the User for User Content, and Articles 10 and 11, shall survive.

Article 13 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the User’s country of residence, or of any right to bring proceedings in such forum as those laws permit.

Article 14 (Amendment of these Terms)

1. Upon any amendment of these Terms, the Developer shall revise the date indicated at the top of this page. Any material amendment shall be announced within the Application or on this website before it takes effect.

2. Continued use of the Application by the User after an amendment takes effect shall constitute acceptance of the amended Terms. A User who does not accept the amended Terms shall delete the Application.

Article 15 (Contact)

Enquiries concerning these Terms shall be addressed to Shosin Labs at support@shosin-labs.com.

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