These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "User") and Herd Music, Inc. ("Herd," "Company," "we," "our," or "us"). These Terms govern your access to and use of all websites, applications, software, content, products, features, and services owned or operated by Herd Music, Inc. (collectively, the "Services"). These Terms incorporate by reference our Privacy Policy, which governs our collection, use, and disclosure of personal information.
By accessing or using the Services in any capacity, including through a browser or mobile device, you signify your acceptance of these Terms. If you do not agree to be bound by the Terms, you may not access or use the Services.
Please read these Terms carefully. If you have any questions, you may contact us at:
1. Eligibility and Account Registration
1.1 Eligibility Requirements. By accessing or using the Services, you represent and warrant that: (a) you are at least thirteen (13) years of age (or the minimum age of digital consent in your jurisdiction, if higher); (b) you have the full right, power, and authority to enter into and comply with these Terms; and (c) if you are accessing or using the Services on behalf of a legal entity, you are authorized to bind that entity to these Terms and you agree to these Terms on that entity's behalf. If you do not meet these requirements or do not agree to these Terms, you may not use the Services.
1.2 Parental Consent for Minors. If you are under the age of majority in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Herd does not knowingly collect or solicit personal information from children under thirteen (13) years of age without parental consent as defined under the Children's Online Privacy Protection Act (COPPA). If we learn that we have collected personal information from a child under 13 without verified parental consent, we will delete that information.
1.3 Account Creation. To access certain features of the Services, you may be required to create a user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete at all times. You are solely responsible for maintaining the confidentiality of your Account credentials, including your username and password, and for all activities that occur under your Account.
1.4 Third-Party Login Credentials. You may have the option to register for an Account or log into the Services using third-party services (each a "Third-Party Account"), such as those provided by Apple, Google, Facebook, or others. By linking your Account with a Third-Party Account, you authorize Herd to access and use the information made available to Herd in accordance with your privacy settings on that Third-Party Account.
1.5 Prohibited Account Behavior. You agree that you shall not: (a) Create or use an Account on behalf of anyone other than yourself; (b) Use or attempt to use another User's Account without authorization; (c) Sell, rent, lease, or otherwise transfer your Account; (d) Select or use a username that is misleading, impersonates another person, or violates the rights of any third party, including intellectual property rights.
1.6 Responsibility for Account Use. You are solely responsible for all activities conducted through your Account and for ensuring that your use of the Services complies with all applicable laws and these Terms. Herd will not be liable for any loss or damage arising from your failure to safeguard your Account or to comply with this Section.
1.7 Suspension and Termination. Herd reserves the right, in its sole discretion, to suspend or terminate your Account or access to the Services at any time and for any reason, including if Herd believes that you have violated these Terms, misrepresented any information, or conducted activity that may be harmful to Herd or others.
2. Grant of License and Permitted Use
2.1 Limited License. Subject to your compliance with these Terms, Herd grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial use. This license does not permit any resale or commercial use of the Services or the Content therein.
2.2 Prohibited Uses. Except as explicitly authorized by these Terms or otherwise permitted in writing by Herd, you may not: (a) Copy, reproduce, modify, publish, distribute, transmit, display, perform, create derivative works from, or exploit in any way the Services or any Content; (b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Services; (c) Remove, obscure, or alter any proprietary notices, watermarks, or disclaimers displayed in connection with the Services; (d) Use any data mining, robots, scraping, or similar data gathering or extraction methods; (e) Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any other product or service without prior written authorization from Herd.
2.3 Reservation of Rights. Herd and its licensors reserve all rights not expressly granted to you in these Terms. No licenses or rights are granted to you by implication or estoppel. Any unauthorized use of the Services will terminate the license granted under this Section and may violate applicable law.
2.4 Service Availability. The availability of the Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Herd is not responsible for any delays, delivery failures, or other damage resulting from such problems.
2.5 Modifications to the Services. We reserve the right to modify, update, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. You agree that Herd shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
3. User Conduct and Restrictions
3.1 General Conduct. You agree that you will not engage in any activity or transmit any content on or through the Services that: (a) Violates or infringes the rights of any person or entity, including but not limited to intellectual property rights, privacy rights, or publicity rights; (b) Constitutes unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any form of lottery or gambling; (c) Contains viruses, malware, ransomware, or other malicious code or files that interfere with, damage, or disrupt the operation of the Services or any related systems; (d) Is abusive, harassing, threatening, defamatory, libelous, obscene, pornographic, or otherwise objectionable or unlawful; (e) Promotes violence, hatred, or discrimination based on race, religion, gender, sexual orientation, ethnicity, or nationality; (f) Involves the exploitation or endangerment of minors; (g) Violates any applicable local, state, national, or international law, regulation, or rule.
3.2 Security Restrictions. You further agree not to: (a) Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; (b) Probe, scan, or test the vulnerability of any system or network related to the Services or breach any security or authentication measures; (c) Interfere with or disrupt (or attempt to do so) the proper functioning of the Services, servers, or networks, including by introducing a virus or overloading, flooding, or spamming the platform; (d) Use any manual or automated software, devices, or processes (including spiders, robots, crawlers, data mining tools, or similar technologies) to scrape or download data from the Services, except as expressly permitted by Herd in writing.
3.3 Use of Communication Features. The Services may include messaging functionality or other forums that permit User-to-User or User-to-Herd communication. You agree that you are solely responsible for all content you submit through these channels, and that you will not: (a) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) Stalk, intimidate, abuse, or harass any other User; (c) Collect or store personal data about other Users without their express consent.
3.4 Enforcement and Reporting. Herd reserves the right, but not the obligation, to investigate any activity or content on the Services that appears to violate these Terms. Herd may remove or restrict access to any content or User account and may report any activity it suspects to be unlawful to appropriate authorities or third parties.
3.5 Consequences of Violation. Any use of the Services in violation of this Section constitutes a material breach of these Terms and may result in, among other consequences, termination or suspension of your access to the Services, legal liability, and reporting to law enforcement authorities.
4. User Content and Intellectual Property Rights
4.1 User Submissions. The Services may allow Users to upload, submit, store, publish, display, or transmit content or materials, including but not limited to text, graphics, music, audio, video, and other content (collectively, "User Submissions"). You retain ownership of your User Submissions, subject to the rights granted herein.
4.2 License to Herd. By posting or submitting User Submissions on or through the Services, you hereby grant Herd a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, display, perform, adapt, modify, and create derivative works from such content for the purposes of operating, developing, marketing, promoting, improving, and providing the Services, including after termination of your account or use of the Services.
4.3 License to Other Users. You further grant all other users of the Services a non-exclusive license to access, view, use, reproduce, and distribute your User Submissions as permitted by the functionality of the Services and in accordance with these Terms.
4.4 Responsibility for User Submissions. You acknowledge and agree that you are solely responsible for your User Submissions and the consequences of uploading or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Herd and other users of the Services to use your User Submissions as necessary to exercise the licenses granted by you under these Terms.
4.5 Prohibited Content. You agree that you will not post, upload, publish, submit or transmit any User Submission that: (a) Infringes, misappropriates, or violates any third party's intellectual property rights, privacy rights, or publicity rights; (b) Is deceptive, fraudulent, false, misleading, obscene, pornographic, vulgar, or offensive; (c) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (d) Contains viruses, corrupted data or other harmful, disruptive, or destructive files or content; (e) Violates any law, rule, regulation, or third-party agreement.
4.6 Monitoring and Removal. Herd does not actively monitor User Submissions but reserves the right to remove or disable access to any User Submission for any reason, including content that violates these Terms or is otherwise harmful, objectionable, or inaccurate. Herd shall not be liable for any failure or delay in removing such content.
4.7 DMCA Compliance. If you believe your copyrighted work has been copied and posted on the Services in a way that constitutes copyright infringement, you may submit a Digital Millennium Copyright Act ("DMCA") notification to our designated copyright agent. Your notice must include: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Herd to locate the material; (d) Your contact information, including address, telephone number, and, if available, email address; (e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (f) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send copyright infringement notifications to:
Jackson Fuchs
Herd Music, Inc.
15266 Friends St. Los Angeles, CA, 90272
Email: legal@herdmusicapp.com
5. Fees, Payment Terms, and Subscription Services
5.1 Paid Services. Some portions of the Services may be offered for a fee, whether on a one-time or subscription basis (collectively, "Paid Services"). Herd reserves the right to determine pricing for the Paid Services and to modify such pricing at any time in its sole discretion. Any pricing changes will not affect ongoing subscriptions until the end of their current billing cycle unless otherwise expressly stated.
5.2 Payment Processing. Payments for Paid Services are processed by a third-party payment processor (the "Payment Processor"). You authorize Herd and the Payment Processor to charge your designated payment method for all applicable fees, including any taxes and transaction charges. Your use of the Paid Services is subject to the Payment Processor's terms, conditions, and privacy policies, which you agree to be bound by.
5.3 Billing and Subscription Terms. (a) Recurring Billing. Certain Paid Services may be offered on a subscription basis with automatically recurring payments. By purchasing such subscription-based services, you authorize Herd to initiate recurring charges to your payment method until you cancel. (b) Subscription Management. You may cancel or modify your subscription at any time through your account settings within the app store or other platform through which the subscription was purchased (e.g., Apple App Store, Google Play). (c) Refunds. Except as otherwise required by law, all purchases and subscription fees are non-refundable. Herd does not offer refunds or credits for partially used billing periods, except where mandated by applicable consumer protection regulations.
5.4 Free Trials and Promotional Offers. Herd may offer promotional free trials to new users or for specific features or services. If you do not cancel the Paid Service before the end of the free trial, the applicable subscription fee will be charged automatically. Promotional offers may be subject to additional terms and restrictions.
5.5 Accuracy of Billing Information. You agree to provide current, complete, and accurate billing and account information. You must promptly update all billing information, including payment method details and contact information, to ensure successful processing of payments.
5.6 Taxes. You are responsible for paying any applicable taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), sales, use, or withholding taxes associated with your purchase or use of the Services.
5.7 Termination of Paid Services. Herd reserves the right to cancel, suspend, or discontinue Paid Services at any time without liability to you. If Herd terminates Paid Services other than for cause, it will provide a pro-rata refund of any unused portion of pre-paid fees, to the extent legally required.
6. Termination, Suspension, and Account Deletion
6.1 Termination by User. You may terminate your use of the Services at any time by discontinuing access or, where applicable, by following the instructions provided in your account settings. Termination of your account does not relieve you of any obligations incurred prior to the effective date of termination.
6.2 Termination or Suspension by Herd. We reserve the right, at our sole discretion, to suspend or terminate your access to the Services or your account at any time, with or without notice, for any reason, including but not limited to: (a) Violation of these Terms or any applicable law or regulation; (b) Fraudulent, abusive, or otherwise harmful behavior; (c) Prolonged inactivity; (d) Technical or security issues; (e) Non-payment of any applicable fees.
6.3 Effect of Termination. Upon termination of your access to the Services, all rights and licenses granted to you under these Terms will immediately cease. You acknowledge and agree that we may delete your account and all related data and content associated with it, unless retention is required under applicable law.
6.4 Survival. All provisions of these Terms that by their nature should survive termination (including, without limitation, provisions governing ownership, indemnification, disclaimers, limitations of liability, and dispute resolution) shall remain in full force and effect after termination.
6.5 Account Deletion. If you wish to request permanent deletion of your account and associated data, you may do so by contacting us at legal@herdmusicapp.com. Account deletion is irreversible and may result in the loss of any stored content or information related to your use of the Services.
7. Third-Party Streaming Integration and Spotify AB Requirements
7.1 Optional Integration with Streaming Services. The Services may allow you to link your account to third-party music streaming platforms, such as Spotify, in order to enable enhanced features, including but not limited to playback functionality, "Recently Listened To," the "Daily 5," and other personalized tools. Linking a streaming account is optional. You may unlink your Spotify account at any time through your profile settings. You may continue to use the Services without linking, although access to certain features may be restricted or unavailable.
7.2 Spotify-Specific Terms. If you choose to integrate your Herd account with your Spotify account, the following terms also apply:
7.2.A. You acknowledge that Herd makes no warranties or representations on behalf of Spotify AB and expressly disclaims all implied warranties related to the Spotify Platform, Spotify Service, and Spotify Content, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2.B. You agree not to modify, adapt, translate, create derivative works of, or otherwise make unauthorized use of the Spotify Platform, Spotify Service, or Spotify Content.
7.2.C. You agree not to decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code or underlying algorithms from the Spotify Platform, Spotify Service, or Spotify Content, to the fullest extent allowed by applicable law.
7.2.D. You acknowledge that Herd is solely responsible for the functionality of its own Services and that Spotify AB shall bear no liability with respect to any products, services, or damages arising from or related to your use of the Herd platform.
7.2.E. You acknowledge and agree that Spotify AB is a third-party beneficiary of these Terms and of Herd's Privacy Policy, and that Spotify AB shall have the right to enforce these provisions directly against you.
7.2.F. You acknowledge that Herd does not permanently store or aggregate Spotify Content beyond what is necessary for the sole purpose of operating the app, including but not limited to music tracks, playlists, cover art, or metadata. Herd does not archive, download, or otherwise create permanent copies of full Spotify Content such as biographies, lyrics, or music files. Metadata and cover art that is not ranked or interacted with by users will be regularly purged from the Herd database. Metadata and cover art stored in connection with user interactions will be periodically updated to reflect any changes made available through the Spotify API. Upon a user's request to disconnect their Spotify account, Herd will promptly cease accessing the user's Spotify data and delete any cached Spotify Personal Data in accordance with our Privacy Policy.
7.3 Compliance with DMCA. You agree not to post or transmit any content via the Services that infringes or misappropriates any third party's intellectual property rights. Herd reserves the right to remove any content it believes in good faith to be infringing and to terminate accounts of repeat infringers, in accordance with its DMCA policy set forth in Section 4.7. Herd will promptly respond to valid DMCA takedown requests.
7.4 No Endorsement. Integration with third-party platforms, including Spotify, does not imply any endorsement or sponsorship by such third parties. All trademarks, logos, and brand names are the property of their respective owners.
8. Platform-Specific Terms
8.1 General. If you access the Services via a mobile app distributed through digital storefronts such as the Apple App Store or Google Play Store (each an "App Marketplace"), you must comply with the terms and policies of those respective platforms, which are incorporated by reference. You understand and agree that the availability of our mobile application is dependent on the App Marketplace from which you obtained it. These marketplaces may impose their own rules, and your use of our application is conditioned on compliance with both their requirements and these Terms. If any terms imposed by the App Marketplace conflict with the provisions of these Terms, the stricter or more controlling provision shall govern.
8.2 Additional Terms for Apple App Store Users. These Terms apply to your use of all Services, including any iOS applications (the "App") distributed via Apple Inc.'s ("Apple") App Store. The following provisions specifically govern use of the App through that platform:
8.2.A. You and Herd acknowledge that these Terms are agreed to between you and Herd only, and not with Apple. Apple bears no responsibility for the App or its content.
8.2.B. The App is licensed—not sold—to you. It is granted on a limited, non-exclusive, non-transferable, and non-sublicensable basis for use solely in accordance with these Terms, and only for your personal, non-commercial purposes.
8.2.C. You agree to install and use the App only on Apple-branded devices that you own or control.
8.2.D. Apple has no obligation to provide maintenance or support for the App.
8.2.E. If the App fails to meet any warranty (if applicable), you may notify Apple, and Apple may refund the purchase price of the App, if any. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the App.
8.2.F. Herd, not Apple, is responsible for handling any claims you or third parties may have relating to the App, including but not limited to: product liability, non-compliance with applicable legal or regulatory requirements, or consumer protection violations.
8.2.G. In the event a third party asserts that your possession or use of the App infringes their intellectual property rights, Herd (not Apple) shall be solely responsible for investigating, defending, settling, and resolving such claims.
8.2.H. You affirm that you are not located in a country subject to U.S. government embargoes or designated as a "terrorist-supporting" nation, and that you are not listed on any U.S. government list of prohibited or restricted individuals.
8.2.I. You agree to follow all relevant third-party agreements related to your use of the App (e.g., your mobile data provider's terms of service).
8.2.J. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the App. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HERD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.2 No Responsibility for Third-Party Content. HERD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED BY USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT HERD IS NOT RESPONSIBLE OR LIABLE FOR ANY USER SUBMISSIONS OR OTHER THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON SUCH CONTENT.
9.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERD, ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HERD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.4 Cap on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HERD'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID HERD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
9.5 Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, HERD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Dispute Resolution, Arbitration, and Class Action Waiver
10.1 Initial Dispute Resolution. Most disputes can be resolved informally. You agree to use your best efforts to resolve any dispute with Herd arising out of or relating to these Terms by contacting us directly at legal@herdmusicapp.com before initiating any formal proceeding.
10.2 Binding Arbitration Agreement. If we are unable to reach a resolution within thirty (30) days of your initial informal dispute resolution request, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof, shall be submitted to and resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, in effect at the time of the dispute. Judgment on the arbitration award may be entered in any court having jurisdiction.
10.3 Location and Language. The arbitration shall take place in New York, New York, unless otherwise agreed by the parties, and will be conducted in the English language.
10.4 Waiver of Class and Consolidated Actions. YOU AND HERD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND HERD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
10.5 Exceptions to Arbitration. Notwithstanding the foregoing, you or Herd may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
10.6 Right to Opt Out. You may opt out of this arbitration agreement by sending written or email notice of your decision to opt out to: Herd Music, Inc., 15266 Friends St. Los Angeles, CA, 90272, legal@herdmusicapp.com, within thirty (30) days of first using the Services or agreeing to these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.
10.7 Survival. This arbitration agreement will survive the termination of your relationship with Herd and the termination of these Terms.
11. Modifications to the Terms
11.1 Right to Modify. Herd reserves the right, in its sole discretion, to amend, modify, revise, or update these Terms at any time. If we make material changes to these Terms, we will provide notice by updating the Effective Date at the top of this document and, where appropriate, by sending you an email or displaying a prominent notice within the Services.
11.2 Notice of Changes. You are responsible for regularly reviewing these Terms. Any changes will become effective as of the date indicated in the updated Terms. Your continued use of the Services following the posting or notification of revised Terms constitutes your acceptance of those changes.
11.3 Disagreement with Revised Terms. If you do not agree to any modifications to the Terms, your sole remedy is to stop using the Services and, if applicable, delete your account.
11.4 Non-Waiver. Except as expressly stated herein, no modification or amendment to these Terms will be effective unless in writing and signed by both parties. Herd's failure to enforce any right or provision under these Terms will not constitute a waiver of future enforcement of that right or provision.
12. Contact Information and Legal Notices
12.1 Legal Contact Information. If you have any questions, concerns, notices, or communications regarding these Terms or the Services, you may contact us using the following details:
Herd Music, Inc.
15266 Friends St. Los Angeles, CA, 90272
Email: legal@herdmusicapp.com
Phone: 2134448488
12.2 Notices. All legal notices under these Terms shall be in writing and shall be deemed duly given when received by Herd at the address listed above, with a copy sent via email (which shall not constitute notice unless expressly acknowledged by Herd).
12.3 Electronic Communications. By using the Services, you consent to receive electronic communications from Herd. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Herd sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
12.4 Entire Agreement. These Terms, along with our Privacy Policy and any other legal notices published by Herd, constitute the entire agreement between you and Herd concerning the Services. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
12.5 Severability. If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force and effect.
These terms were last updated at the Effective Date above.
Thank you for being a part of Herd!