Terms of Use

These Terms of Use (the “Terms”) are a contract between you and FoundEar, Inc. (“FoundEar,” “we,” “us,” or “our”). They govern your use of the FoundEar mobile app, the foundear.app website, and related services (together, the “Service”). Please read them carefully. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who can use FoundEar

You must be at least 13 years old to use the Service, and old enough to form a binding contract in your country of residence. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian. By using FoundEar, you represent that you meet these requirements and that the information you give us is accurate.

2. Your account

You are responsible for your account and for keeping your login secure. You agree to provide accurate information, to keep it up to date, and not to share your account or impersonate anyone. You are responsible for activity that happens through your account. Tell us promptly at privacy@foundear.app if you believe your account has been compromised.

3. What FoundEar does

FoundEar helps people discover the credits and stories behind recorded music, follow the artists, producers, writers, engineers, and other creatives who make it, build and share mixtapes, and connect around the work. Some features let verified creatives claim and shape their own profiles. Catalog and credit information is drawn from a range of sources and may be incomplete or contain errors. We work to improve it, but we do not warrant that it is accurate or complete.

4. Subscriptions and billing

FoundEar offers optional paid plans, including FoundEar Plus and FoundEar Pro, as auto-renewable subscriptions. When you subscribe through the mobile app, your purchase is processed by Apple through your Apple ID (or, on other platforms, by that platform’s app store or payment processor), not directly by FoundEar.

• Billing. Payment is charged to your account at confirmation of purchase. If your plan includes a free trial, payment is charged when the trial ends unless you cancel first.
• Auto-renewal. Subscriptions renew automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the current period ends.
• Free trials. Any unused portion of a free trial is forfeited when you purchase a subscription, where that rule applies.
• Managing and canceling. You can manage or cancel a subscription in your App Store or platform account settings. Deleting the app does not cancel a subscription.
• Price changes. If we change a subscription price, we will give notice and, where required, ask for your consent before the new price takes effect.

Prices are shown in the app before you buy. Except where required by law or a platform’s own rules, payments are non-refundable. Refund requests for purchases made through Apple are handled by Apple under their policies.

5. One-time purchases

FoundEar also offers one-time purchases, such as Founding Artist, which is a single purchase and not a subscription. One-time purchases are processed by the applicable app store. You can restore eligible previous purchases from within the app using “Restore Purchases.”

6. Creator features and payouts

Certain creator features, when enabled, let eligible creatives release work, set pricing, split proceeds with collaborators, and receive payouts. These features may require an additional subscription and are subject to separate eligibility checks, verification, and terms presented to you at the time. Payouts are handled by third-party payment providers (for example, Stripe), and you must comply with their terms. You are responsible for the taxes that apply to money you receive.

7. Your content and conduct

FoundEar lets you create content, including profiles, mixtapes, notes, dedications, posts, and messages (“User Content”). You keep ownership of your User Content. You grant FoundEar a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely to operate and improve the Service and to show it to the people you share it with. This license ends when you delete the content or your account, except for copies kept as required by law or in routine backups for a limited time.

You agree not to use the Service to:

• post content that is unlawful, hateful, harassing, abusive, threatening, defamatory, sexually explicit involving minors, or that promotes violence or self-harm;
• infringe anyone’s intellectual property, privacy, or other rights, or post content you do not have the right to share;
• impersonate any person or organization, or misrepresent your affiliation;
• spam, scrape, reverse engineer, overload, or interfere with the Service, or try to access it in unauthorized ways;
• harass other users, or collect or misuse other people’s personal information.

Zero tolerance. We do not tolerate objectionable content or abusive behavior. You can report content or block another user from within the app, and we review reports and act on them, including by removing content and suspending or terminating accounts.

8. Moderation and removal

We may review, filter, remove, or restrict content and accounts that we believe violate these Terms or the law, or that are reported to us, without prior notice. We are not obligated to host any content. We may use automated tools to help detect prohibited content.

9. FoundEar’s intellectual property

The Service, including its software, design, logos, and the FoundEar name, is owned by FoundEar or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service as permitted by these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Service except as allowed by law.

10. Third-party services

The Service integrates with third parties, including music providers (for example, Spotify and Apple Music), app stores and payment processors (for example, Apple, Google, RevenueCat, and Stripe), and advertising and infrastructure providers. Your use of those services is governed by their own terms and privacy policies. Music previews and playback are provided by the respective music services and are subject to their rules. FoundEar is not responsible for third-party services.

11. Advertising

Parts of the Service may show advertising, including rewarded ads you can choose to watch. Where required, we will ask for your consent before using your device identifiers for personalized advertising. Paid plans may reduce or remove ads as described at the time.

12. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that credit, catalog, or other information is accurate or complete.

13. Limitation of liability

To the fullest extent permitted by law, FoundEar and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of the Service. 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 fifty US dollars (USD 50). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

14. Indemnity

You agree to indemnify and hold FoundEar harmless from claims, damages, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your violation of these Terms or of anyone’s rights.

15. Suspension and termination

You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other users. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnity) will survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Delaware will have jurisdiction over any dispute that is not otherwise resolved, except where applicable law gives you the right to bring a claim in your local courts. Nothing in these Terms limits consumer-protection rights that cannot be waived under the law where you live.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, ask you to review and accept the new version in the app. Your continued use of the Service after changes take effect means you accept them.

18. Apple App Store terms

If you use the iOS app, you acknowledge that these Terms are between you and FoundEar, not Apple, and that Apple is not responsible for the app or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The usage rules in Apple’s Media Services Terms and Conditions also apply.

19. Contact