Legal

Terms of Service

Last updated: [DATE] · Effective: [DATE]

DRAFT TEMPLATE — not legal advice. These terms were drafted to match how Tape Bird works today, including the Apple App Store minimum terms (Section 16). Review with qualified legal counsel and fill in every [BRACKETED] field (legal entity, jurisdiction, dates) before publishing.

Contents

Acceptance of these terms
Who can use Tape Bird
The Service
Accounts
Packs, purchases, and billing
Sending gifts
Apple Music
Your content
Acceptable use
Intellectual property
Third-party services
Disclaimers
Limitation of liability
Indemnification
Termination
Apple App Store terms
Governing law
Changes
Contact

1. Acceptance of these terms

These Terms of Service (“Terms”) are a binding agreement between you and [LEGAL ENTITY NAME] (“Tape Bird,” “we,” “us”). By downloading or using the Tape Bird app or the tapebird.com website (the “Service”), you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the Service.

2. Who can use Tape Bird

You must be at least [13 / 16 / 18 — match your App Store age rating and applicable law] years old to use the Service. If you are under the age of majority where you live, you must have a parent or guardian’s permission.

3. The Service

Tape Bird lets you create a personal mixtape — songs, a voice intro, and a custom label — and send it to a specific recipient as a gift. Sending a tape requires a paid pack. Receiving and opening a tape is free. There is no self-use listening product; the Service is built around sending gifts to others.

4. Accounts

To send a tape, you create an account using Sign in with Apple. You are responsible for activity under your account and for keeping your device and Apple ID secure. You can delete your account at any time — see Delete your account.

5. Packs, purchases, and billing

Tape packs are consumable in-app purchases sold in sizes of 3, 5, and 10 tapes. Each tape lets you send one gift.
Purchases are processed by Apple through the App Store and are subject to Apple’s terms. Prices are shown at the time of purchase.
Packs and tapes do not expire. There is no subscription and no time limit on using what you’ve bought.
A consumable is generally used when you send a tape. Except where required by law, purchases are non-refundable. Refund requests are handled by Apple at reportaproblem.apple.com.

6. Sending gifts

Tape Bird does not deliver messages for you. When you send a tape, you receive a link that you share through an app of your choice. You are responsible for who you send tapes to and for ensuring you have the right to contact them. Don’t use the Service to harass, spam, or send unwanted content to anyone. You provide a recipient’s name to personalize a tape; you are responsible for the information you enter.

7. Apple Music

Music playback uses Apple’s MusicKit. Hearing full songs requires an active Apple Music subscription on the listener’s device; otherwise playback uses 30-second previews. Apple Music content is provided by Apple and its licensors and is subject to their terms. Tape Bird does not own or control that music and is not responsible for its availability.

8. Your content

You keep ownership of the content you add to a tape — your dedication, voice memo, label artwork, and track selections (“Your Content”). You grant Tape Bird a limited, non-exclusive, worldwide license to host, store, reproduce, and transmit Your Content solely to operate the Service and deliver your gift to its recipient. You represent that you have the rights to the content you upload and that it does not violate the law or anyone else’s rights.

9. Acceptable use

You agree not to:

Use the Service for any unlawful, harassing, or abusive purpose.
Upload content that infringes intellectual property or privacy rights, or that is unlawful, hateful, or harmful.
Attempt to access accounts, data, or systems you’re not authorized to access, or interfere with the Service’s operation or security.
Reverse-engineer, scrape, or misuse the Service except as permitted by law.

10. Intellectual property

The Service, including its software, design, and the Tape Bird name and marks, is owned by Tape Bird and its licensors and is protected by law. These Terms don’t grant you any rights to our trademarks or branding.

11. Third-party services

The Service relies on third parties, including Apple (App Store, Sign in with Apple, MusicKit, in-app purchases) and Supabase (hosting). Your use of those features may be subject to their terms, and we are not responsible for third-party services.

12. Disclaimers

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, OR SECURE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPE BIRD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR [USD 50]. SOME JURISDICTIONS DON’T ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify and hold Tape Bird harmless from claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or the rights of others.

15. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you violate these Terms or if necessary to protect the Service or other users. Sections that by their nature should survive termination (such as content licenses you’ve granted, disclaimers, and limitations of liability) will survive.

16. Apple App Store terms

These Terms are between you and Tape Bird only, not with Apple. The following apply to your use of the iOS app obtained through the App Store:

Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support for it. We — not Apple — are responsible for support; contact help@tapebird.com.
Apple is not responsible for any product warranties, whether express or implied. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or consumer-protection claims.
Apple is not responsible for investigating, defending, or resolving any third-party intellectual-property claim relating to the app.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Governing law

These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-laws rules. [Add your dispute-resolution choice — e.g. venue, arbitration, class-action waiver — after reviewing with counsel.]

18. Changes

We may update these Terms from time to time. If we make material changes, we’ll update the “Last updated” date and provide notice where appropriate. Continuing to use the Service after changes take effect means you accept the updated Terms.

19. Contact

Questions about these Terms? Email help@tapebird.com or write to [LEGAL ENTITY NAME], [ADDRESS].