Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your use of the UpNext DJ mobile application and UpNext DJ Host desktop application (collectively, the "Service") provided by UpNext DJ ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading, installing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

UpNext DJ provides a platform for DJs and event hosts to manage live music requests and voting from their guests. The Service includes:

  • Mobile App: For guests to join events, submit song requests, and vote on requests
  • Desktop App (macOS): For DJs and hosts to create events, manage requests, and export playlists
  • Cloud Services: Backend services for real-time synchronization, authentication, and data storage

3. User Accounts

3.1 Account Creation

You may create an account using Sign in with Apple or use the Service anonymously (mobile app only). You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

3.2 Account Responsibilities

  • You must provide accurate information when creating your account
  • You must be at least 13 years old to use the Service
  • You are responsible for all content you create or submit through the Service
  • You must not share your account credentials with others

3.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

4.1 Desktop App Subscriptions

The UpNext DJ Host desktop application requires a paid subscription to access full features. We offer the following subscription tiers:

  • Monthly: $9.99 per month, billed monthly
  • Yearly: $99 per year, billed annually
  • Lifetime: $199 one-time payment for lifetime access

4.2 Mobile App In-App Purchases

The mobile app offers optional in-app purchases for additional vote credits. These purchases are processed through the Apple App Store and are subject to Apple's terms and conditions.

4.3 Payment Processing

Desktop app subscriptions are processed through Stripe. By purchasing a subscription, you agree to Stripe's terms and authorize recurring charges to your payment method.

4.4 Automatic Renewal

Monthly and yearly subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription price.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial billing periods, except as described in our Refund Policy.

4.6 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will not affect your current billing period and will take effect upon your next renewal. We will provide at least 30 days' notice of price increases.

5. Acceptable Use

5.1 Prohibited Activities

You agree not to use the Service to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights of others
  • Submit inappropriate, offensive, or explicit content (unless the event is marked as "explicit allowed")
  • Harass, abuse, or harm other users
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Use automated systems (bots, scripts) to manipulate voting or requests
  • Interfere with the proper functioning of the Service
  • Impersonate others or misrepresent your affiliation

5.2 Content Moderation

Event hosts have the ability to enable "clean-only" mode, which filters explicit content from song requests. We do not pre-screen user content but reserve the right to remove content that violates these Terms.

6. Intellectual Property

6.1 Service Ownership

The Service, including all software, designs, text, graphics, and other content, is owned by UpNext DJ and is protected by copyright, trademark, and other intellectual property laws.

6.2 User Content

You retain ownership of content you submit to the Service (event names, song requests, etc.). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your content solely for the purpose of providing the Service.

6.3 Music Integration

The Service integrates with Apple Music for song search and playlist creation. You must have an active Apple Music subscription to use these features. We do not own or control the music content available through Apple Music.

7. Third-Party Services

The Service uses third-party services including:

  • Firebase (Google): Authentication, database, analytics, and cloud functions
  • Apple Music API: Song search and playlist creation
  • Stripe: Payment processing for desktop app subscriptions

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the actions or policies of third-party services.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

8.2 Limitation of Liability

To the maximum extent permitted by law, UpNext DJ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from:

  • Your use or inability to use the Service
  • Unauthorized access to or alteration of your content
  • Any conduct or content of third parties on the Service
  • Any interruption, error, or failure of the Service

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

8.3 Music Licensing

We do not provide music licensing for public performance. DJs and event hosts are responsible for obtaining necessary licenses (ASCAP, BMI, SESAC, etc.) for public performance of music at their events.

9. Indemnification

You agree to indemnify and hold harmless UpNext DJ, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content submitted to the Service

10. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you consent to our privacy practices.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of this page and, for significant changes, by sending you an email or displaying a notice in the app. Your continued use of the Service after changes take effect constitutes your acceptance of the modified Terms.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Technical or security reasons

Upon termination, your right to use the Service will immediately cease. We may delete your account and content, though some information may be retained as described in our Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

If you have a dispute with us, please contact us at djbkruz@gmail.com first to attempt informal resolution.

13.2 Governing Law

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

13.3 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and UpNext DJ regarding the Service.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

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

Email: djbkruz@gmail.com

By using UpNext DJ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.