This is a working draft prepared for review by a qualified attorney before publication. It is not legal advice and is not the operative agreement for Jam Trainer until finalized, dated, and published. Bracketed items in [THIS STYLE] are decisions to be finalized. Do not rely on this draft as governing anything.
Last updated: [EFFECTIVE DATE]
Welcome to Jam Trainer. These Terms of Service (the “Terms”) are a legal agreement between you and [LEGAL ENTITY] (“Jam Trainer,” “we,” “us,” or “our”), which operates the Jam Trainer website, web application, and related services at jamtrainer.com (together, the “Service”). By creating an account, or by accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms. By using the Service you represent that you meet these requirements.
The Service lets you build and edit chord charts, play them back as a multi-instrument backing track, store and sync songs, share and embed charts, run live jam sessions, use practice tools and games, and import songs from other tools or from your own backups. We may add, change, or remove features at any time.
Portions of the Service may be offered as a beta or preview. Beta features are provided as-is, may be unstable, and may change or be discontinued without notice.
You own your content. “Your Content” means the chord charts, arrangements, tabs, lyrics, notes, links, song lists, custom themes, and other material you create, upload, paste, or import into the Service. As between you and us, you retain all ownership of Your Content. We claim no ownership of it.
The limited license you give us. To operate the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, back up, reproduce, and display Your Content, and to transmit and sync it across your devices — solely to provide and improve the Service for you. This license exists only so that the Service can function; it ends when you delete the content or your account, except for reasonable backup copies and as required by law.
Content you choose to share. If you publish a song to the shared/global library, share a song or list by link, embed a chart, or broadcast a song in a jam session, you additionally grant us and the recipients or other users of the Service a license to access, display, copy to their own library, and use that shared content within the Service. Do not share content unless you have the right to do so (see §5).
How we protect copyrighted material when content is shared. When a song is shared, embedded, submitted to the global library for review, or otherwise redistributed, the Service is designed to strip user-entered free-text material — including notes, lyrics, tab, and external resource links — before that copy leaves your library, so that only the chord/structure data travels. This is a safeguard, not a guarantee, and it does not relieve you of your responsibilities in §5.
You are solely responsible for Your Content, including anything you import from another application (such as songs exported from Strum Machine) or your own backup files, and anything you paste in (such as lyrics or tab). You represent and warrant that:
Chord progressions and song structure are largely factual or functional information, but lyrics, tablature, and particular recorded or published arrangements may be protected by copyright. You are responsible for ensuring you have the necessary rights to any such material you add or share. We are a neutral host of Your Content and do not pre-screen it.
Importing from other services. Tools we provide for importing your own songs from another application run in your own browser, using your own account with that other service, and move only the songs you created. Your use of any third-party service remains subject to that service's own terms; you are responsible for your compliance with them.
Confirm this section against your live pricing and Stripe configuration before charging anyone. During the current beta the Service may be offered free of charge.
You agree not to:
The Service itself — including its software, the recorded instrument audio samples, sound engine, visual design, and the “Jam Trainer” name and logo — is owned by us or our licensors and is protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own musical practice and performance in accordance with these Terms. Except as allowed by these Terms or applicable law, you may not copy, modify, distribute, sell, or reverse engineer the software or extract the audio samples.
We respect the intellectual-property rights of others and respond to notices of alleged infringement. If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes: your contact information; identification of the copyrighted work; identification of the material claimed to be infringing and where it is located on the Service; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and your physical or electronic signature.
Designated Agent: [DMCA AGENT NAME, ADDRESS, EMAIL]
We will remove or disable material in response to valid notices, notify the affected user, allow a counter-notice where appropriate, and terminate the accounts of repeat infringers.
The Service relies on third-party providers, including Google Firebase (authentication and data storage), Netlify (hosting), Resend (email), and Stripe (payments). The Service may also contain links to third-party websites, including affiliate links to retailers such as Amazon; if you buy through an affiliate link we may earn a commission at no extra cost to you. We are not responsible for third-party sites or services and your use of them is at your own risk and subject to their terms.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or that content will always be available or preserved. The Service is a practice and performance aid and is not a substitute for professional music instruction. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JAM TRAINER AND ITS OWNER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) [USD 50 OR 100]. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless Jam Trainer and its owner from any claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, your violation of these Terms, or your infringement of any third party's rights — including any claim arising from content you imported, pasted, or shared.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if necessary to protect the Service or other users. On termination, the licenses you granted us end (subject to reasonable backups and legal requirements), and sections that by their nature should survive — including ownership, disclaimers, limitation of liability, and indemnification — will survive.
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by email or an in-app notice). Changes take effect when posted, and your continued use of the Service after that means you accept the updated Terms.
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules.
Choose ONE of the following with counsel and delete the other:
Option A — Arbitration (default draft). Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in [COUNTY, STATE]. You and we waive the right to a jury trial and agree that claims may be brought only in an individual capacity and not as part of any class or representative action. You may opt out of this arbitration provision by written notice within 30 days of first accepting these Terms. Small-claims matters are excluded.
Option B — Courts. Any dispute will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you and we consent to their jurisdiction.
Questions about these Terms: info@jamtrainer.com.
This document is a draft pending legal review and is not legal advice.