Terms of Service

1. Agreement to Terms

By accessing or using EnTrackMusic ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

EnTrackMusic is a software-as-a-service (SaaS) platform that provides inventory management tools for tracking musical instruments, equipment, cases, and locations. The Service includes web and mobile applications, QR code scanning capabilities, and related features.

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Subscriptions and Payment

Billing

Some features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.

Free Trial

We may offer a free trial period for new subscribers. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

Price Changes

We reserve the right to modify subscription prices at any time. Price changes will take effect at the start of your next billing cycle. We will provide reasonable notice of any price changes.

Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion on a case-by-case basis. Contact support if you believe you are entitled to a refund.

5. Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will not be charged for subsequent billing periods
• You may continue to access paid features until the end of your billing period
• Your data will be retained for 30 days after your subscription ends, after which it may be deleted

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Scrape, data mine, or collect information without permission
• Use the Service for any illegal or unauthorized purpose
• Impersonate any person or entity
• Harass, abuse, or harm others

7. Intellectual Property

Our Property

The Service and its original content, features, and functionality are owned by EnTrackMusic and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your content solely for the purpose of providing the Service.

You represent that you own or have the necessary rights to upload and use your User Content, and that it does not violate any third-party rights.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

EnTrackMusic is an inventory tracking tool and should not be relied upon as the sole record of your assets. We recommend maintaining independent records of valuable equipment for insurance and other purposes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRACKMUSIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless EnTrackMusic and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Utah, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@entrackmusic.com. We will attempt to resolve the dispute informally within 30 days.

If we cannot resolve the dispute informally, you and EnTrackMusic agree to resolve any claims through binding arbitration, except that either party may bring claims in small claims court if they qualify.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email.

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EnTrackMusic regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have any questions about these Terms, please contact us at: