Terms of Service

Playlist Planner provides a web-based SaaS platform that allows users to search a curated music metadata library, build playlists organized by BPM, duration, genre, and other metadata, and link to songs on third-party streaming platforms, including Spotify, Apple Music, and similar services (each, a "Third-Party Platform," and collectively, the "Third-Party Platforms").

Playlist Planner is a planning and organizational tool only. We do not:

• Stream, host, distribute, or transmit any audio files or music recordings
• Provide, sell, or license any rights to perform music publicly
• Replace or substitute for any music licensing service
• Guarantee the availability of any song on any third-party platform

The Services are provided solely for informational and organizational purposes. Nothing in the Services constitutes legal, licensing, or compliance advice.

Playlist Planner reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

Playlist Planner is an independent service and is not affiliated with, endorsed by, or sponsored by Spotify, Apple Music, or any other Third-Party Platform unless expressly stated.

If you use music in a fitness class, studio, gym, or any public or commercial setting, you are solely responsible for obtaining all necessary licenses, which may include, but are not limited to:

• ASCAP
• BMI
• SESAC
• Any other applicable performing rights organization (PRO)
• Any venue- or event-specific licenses required by law

By using the Services, you acknowledge and agree that:

• Playlist Planner does not provide public performance rights for any music
• You are solely responsible for ensuring you hold all required licenses
• Playlist Planner shall have no liability for any claims, damages, fines, or penalties arising from your use of music
• Copyright infringement may result in statutory damages of up to $150,000 per work under U.S. law

You expressly acknowledge that the Company has no ability to monitor or control your use of music and disclaims any responsibility arising therefrom.

Playlist Planner integrates with Third-Party Platforms, including Spotify, Apple Music, and similar services, to allow users to link songs, create playlists, and utilize platform functionality made available through such services.

Playlist Planner is an independent service and is not affiliated with, endorsed by, or sponsored by Spotify, Apple Music, or any other Third-Party Platform. All trademarks, service marks, content, and related intellectual property associated with such platforms remain the property of their respective owners and licensors.

We do not provide access to third-party streaming content. You are responsible for maintaining any accounts required to use Third-Party Platforms, including Spotify or Apple Music accounts where applicable. Playlist Planner does not replace or substitute for any subscription or service offered by a Third-Party Platform.

Our use of data made available through Third-Party Platforms is limited to functionality necessary to provide the Services, including displaying metadata, linking tracks, creating or saving playlists with user authorization. We do not access or store credentials or sensitive account information beyond what is necessary to provide the Services.

Song availability, metadata, and content are controlled by Third-Party Platforms and may change at any time. We are not responsible for the availability, accuracy, or continued accessibility of third-party content or integrations.

All content and related intellectual property made available through Third-Party Platforms remain the property of the applicable platform or its licensors. The Company does not claim ownership of any such content.

Your use of Third-Party Platform functionality is subject to the applicable platform's terms, policies, and developer requirements.

The Company may add, remove, suspend, or modify integrations with any Third-Party Platform at any time.

You must be at least 18 years old to use the Services. You agree to provide accurate and complete information and to maintain the security of your account.

Paid subscriptions are billed in advance on a recurring basis. Fees are non-refundable, including for any unused portion of a billing period, except where required by law. We may change pricing with prior notice.

Free trials, if offered, will convert to paid subscriptions unless canceled before the trial period ends.

You may cancel at any time. Cancellation takes effect at the end of the current billing period.

You agree not to:

• Copy, scrape, extract, or reproduce our database or metadata
• Use the Services to circumvent copyright or licensing requirements
• Share your account credentials
• Use the Services for unlawful purposes
• Reverse-engineer or access our source code
• Introduce harmful code or disrupt the Services
• Use the Services to develop or improve a competing product or service

All content, software, design, and materials in the Services are owned by or licensed to the Company and protected by applicable law.

Music metadata (e.g., song titles, artists, BPM, duration, genre, and related information) may include factual data that the Company compiles, organizes, curates, structures, and enhances as part of its proprietary database and Services. You may not reproduce, distribute, extract, scrape, aggregate, or create derivative works from this database, in whole or in part, including through automated means, for commercial purposes or for use in a competing service.

You retain ownership of any playlists or content you create, but grant the Company a limited license to store and process such content to provide the Services.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not warrant that:

• The Services will be uninterrupted or error-free
• Song links will remain available
• Metadata is accurate or complete
• The Services will meet your expectations

You acknowledge that any reliance on the Services or any data provided therein is at your sole risk.

You acknowledge that you have not relied on any representations, warranties, or statements not expressly set forth in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose.

You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable law
• Your use of music without proper licensing
• Any claim by a rights holder related to your use of music

The Services may include links to or integrations with Third-Party Platforms. We do not control or assume responsibility for such services. Your use of third-party services is at your own risk.

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference.

We may suspend or terminate your access at any time for violation of these Terms.

Upon termination, all rights granted to you cease immediately. Provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive.

These Terms are governed by the laws of the State of Texas.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties.

If the dispute is not resolved through negotiation, it shall be brought exclusively in the state or federal courts located in Harris County, Texas, and the parties hereby consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, and either party may bring an individual claim in small claims court where permitted.

EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

We may update these Terms from time to time. We will provide notice of material changes. Continued use of the Services constitutes acceptance.

Entire Agreement. These Terms constitute the entire agreement between you and the Company.

Waiver. Failure to enforce any provision is not a waiver.

Severability. If any provision is unenforceable, the remaining provisions remain in effect.

Playlist Planner L.L.C.

hello@playlistplanner.com

playlistplanner.com