End User License Agreement (EULA)

Introduction

This End User License Agreement (“Agreement”) is a legal contract between you (“User” or “you”) and Next Song (“we”, “us”, “our”), governing your use of the Next Song mobile application and related services (collectively, the “App”).

By installing, accessing, or using the App, you agree to be bound by this Agreement and our Terms of Service and Privacy Policy.

If you do not agree, do not install or use the App.

1) License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on your personal devices solely for your own non-commercial use and in accordance with this Agreement.

This license does not allow you to:

• Distribute, rent, lease, or sell the App or any part of it;
• Modify, reverse-engineer, decompile, or disassemble the App;
• Circumvent technical protection measures or subscription systems;
• Use the App in any unlawful or harmful manner, or to infringe third-party rights.

2) Ownership

All rights, title, and interest in and to the App—including code, graphics, content, and databases—remain the exclusive property of Next Song or its licensors.

You acknowledge that the App is licensed, not sold, to you, and that no ownership rights are transferred.

Third-party content and APIs (e.g., Spotify metadata, ShazamKit recognition, OpenAI suggestions) remain the property of their respective owners and are used under applicable licenses.

3) Subscription and In-App Purchases

Access to certain features requires an active subscription managed through RevenueCat, Apple App Store, or Google Play billing.

All purchases are subject to the respective store’s terms and refund policies.

We do not store or process payment data directly.

Coins and subscription benefits are digital, non-transferable, and have no real-world monetary value.

4) Updates and Changes

We may provide updates, patches, or improvements to the App to enhance functionality or security.

Some updates may be required to continue using the App.

We reserve the right to modify or discontinue the App (temporarily or permanently) without prior notice, provided this does not materially reduce your acquired rights under applicable law.

5) User Obligations

You agree to:

• Use the App only for lawful purposes;
• Respect intellectual property and third-party content rights;
• Not submit or transmit harmful, defamatory, or infringing content;
• Comply with all applicable export, data, and consumer laws.

Violation of these obligations may result in termination of your license.

6) AI Features

The App integrates AI models (OpenAI) to generate suggestions.

While designed for creativity and entertainment, AI outputs may contain inaccuracies or unexpected content.

We are not responsible for any consequences arising from the use or interpretation of AI-generated material.

You agree not to use the AI features to generate or distribute illegal, harmful, or infringing content.

7) Data and Privacy

Use of the App involves limited processing of personal data (e.g., authentication, preferences, analytics).

All processing is performed in accordance with our Privacy Policy.

8) Termination

This Agreement is effective until terminated by either party.

You may terminate it by deleting the App from your devices.

We may terminate this Agreement immediately if you breach its terms.

Upon termination, you must cease all use of the App and delete all copies in your possession.

9) Disclaimer of Warranties

The App is provided “as is” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement.

We do not warrant that:

• The App will function without interruption or error;
• AI or metadata results will be accurate or reliable;
• The App will meet your expectations or be compatible with all devices.

Some jurisdictions do not allow the exclusion of certain warranties, so these limitations may not apply to you.

10) Limitation of Liability

To the maximum extent permitted by law, Next Song and its affiliates shall not be liable for:

• Indirect, incidental, or consequential damages;
• Data loss, business interruption, or loss of profits;
• Errors or omissions in AI-generated outputs.

Our total liability for any claim shall not exceed the amount you paid for the App or subscriptions during the 12 months preceding the event giving rise to the claim.

Nothing in this Agreement excludes liability for gross negligence, fraud, or willful misconduct.

11) Export and Legal Compliance

You agree to comply with all applicable export and import laws and regulations.

You shall not use or export the App in violation of any sanctions or embargoes imposed by Switzerland, the EU, the UK, or the United States.

12) Governing Law and Jurisdiction

This Agreement is governed by the laws of Switzerland, excluding its conflict-of-law principles.

Any disputes shall be resolved by the competent courts of Lausanne, Switzerland, unless otherwise required by consumer protection law.

13) Third-Party Terms (App Store / Google Play)

If you downloaded the App from the Apple App Store, you acknowledge that:

• The Agreement is solely between you and Next Song, not Apple;
• Apple has no responsibility for support or maintenance;
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

If you downloaded the App from Google Play, you agree to comply with the Google Play Terms of Service.

14) Contact

For any questions about this Agreement or your rights, please contact:

Next Song

Email: contact@nextsongai.com

Postal: Lausanne, Switzerland

This EULA is designed to comply with App Store, Google Play, and Swiss/EU consumer law requirements.