Terms of Service

These Terms of Service ("Terms") govern your use of The Cut, an iOS application and related services provided by Heftii, Inc. ("Heftii", "we", "us"). By downloading, installing, or using The Cut, you agree to be bound by these Terms. If you do not agree, do not use the service.

The service

The Cut is an application that helps DJs and music professionals screen, curate, and rate tracks from their personal music libraries and connected third-party services. The service is provided as-is and may evolve over time as we add features and refine the experience.

Eligibility

You must be at least 13 years old to use The Cut. If you are under the age of majority in your jurisdiction, you may only use the service with the involvement of a parent or legal guardian. By using The Cut, you represent that you meet these requirements.

Your account and connected services

The Cut does not require a Heftii account. You may, at your option, connect third-party accounts (such as SoundCloud or Google) to extend functionality. You are responsible for maintaining the confidentiality of your credentials for those services and for all activity that occurs under your connected accounts.

You authorise The Cut to access, on your behalf, the data made available by those third-party services in accordance with the scopes you approve at the time of connection. You can revoke this access at any time through the relevant third-party service's settings.

Acceptable use

You agree not to:

• Use The Cut for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to reverse engineer, decompile, or otherwise extract the source code of the application, except to the extent expressly permitted by law.
• Interfere with, disrupt, or attempt to gain unauthorised access to the service, its infrastructure, or the accounts of other users.
• Use the service to infringe the intellectual property rights of any third party, including by processing or sharing tracks you do not have the right to use.
• Misrepresent your identity or use the service in a manner that violates the terms of any connected third-party service.

Your content

The Cut operates on the music files, metadata, and ratings in your personal library. You retain all rights to your content. Heftii does not claim ownership of the tracks you screen or the decisions you make about them.

Submitting tracks through a Sendbox

The Cut lets you publish a Sendbox, a page at thecut.music/send/… where other people can send you tracks. Publishing one requires signing in with Apple, which creates a Sendbox account with us; you can delete it from within the app at any time. The people who send tracks through your Sendbox are not users of The Cut and do not agree to these Terms; they agree to our Submission Terms, which set out what they promise about the track, the limited licence they give us to store it and deliver it to you, and how long we keep it. What we store about you and about them is described in our Privacy Policy. You remain responsible for how you use the tracks you receive.

Plans, limits and purchases

The Cut is free to download. Some features, including Sendbox beyond its free plan, belong to the Pro plan, bought as an in-app purchase through the App Store. Apple handles the purchase, billing, renewal and any refund under the App Store's terms. We verify each purchase with Apple and apply the plan it grants to the Sendbox account you sign in to with the same Apple ID.

Every Sendbox plan, the free one included, comes with limits: how many Sendboxes you can publish, how large a single file can be, how much storage your submissions may use, how many submissions you can receive in a period, and how long tracks are kept before they are deleted. The limits in force are published at How long are submissions kept? and shown in the app. They are enforced on our servers: a Sendbox that has reached one of them stops accepting tracks until it is back under.

We may change the plans and their limits over time: add or retire a plan, change the price for new purchases, raise a limit or lower one. If we lower a limit on a plan you have paid for, we will give you at least 30 days' notice through the app or by email before it applies to you. A lower storage limit never deletes anything: if you are over the new limit, your Sendboxes stop accepting tracks until you are back under it.

Referral program

Every Sendbox account has an invite link and code. When a person creates a Sendbox account through your link, or enters your code within 7 days of creating their account, and their account then receives its first track from someone other than the two of you within 90 days, we add 100 MB of storage to each of your accounts. We reward up to 20 such referrals per account, 2 GB in all; the person you invited receives their 100 MB even when you have reached that limit.

The bonus is storage only. It has no cash value, cannot be transferred or exchanged, is added on top of whatever your plan includes, and stays with your account through plan changes. We may change the size of the bonus, the limits or the conditions for referrals made after the change, or end the program, at any time; storage already granted stays granted. Creating accounts to invite yourself, sending tracks between accounts you control, or otherwise gaming the program breaches these Terms, and we may remove the bonuses involved and, under Termination, close the accounts.

Lifetime purchases

A Lifetime purchase is a single payment, instead of a recurring subscription, for the Pro plan for as long as we offer The Cut. Everything the Pro plan does on your own devices stays yours without a further payment.

Features that run on our servers are different. Sendbox is one, and there may be others later. They cost us money for every month an account uses them, long after a single payment. A Lifetime purchase therefore includes those features on a fair-use basis rather than as an unlimited or fixed entitlement:

• Lifetime accounts have their own limits for hosted features. They may differ from the limits of the Pro subscription, and we may revise them as our costs and the way people use the features change. The limits that apply to Lifetime accounts are published alongside the other plans at the page linked above.
• We will give you at least 30 days' notice before lowering a Lifetime limit, as with any other plan.
• A Lifetime account will always have at least the Sendbox limits of the free plan.

Fair use

Sendbox is a review inbox: a place for tracks to be sent, heard and decided. Its plans are priced on that use. "Unlimited", wherever we use the word, means unlimited for that use, and the limits above are outer edges, not a target. Use that falls outside fair use includes:

• Using a Sendbox as file storage, a backup, an archive, or a way to move or distribute files, rather than to receive tracks for review.
• Sending tracks to yourself, or arranging for them to be sent to you, in order to store them; or re-uploading or re-deciding tracks to keep them past their retention window.
• Streaming or downloading far more than reviewing the tracks you received would take, or accessing the service with scripts, bots or other automated tools.
• Reselling access to Sendbox, or offering it as part of a service of your own.
• Using replies to send bulk, unsolicited or unrelated email.

Where an account's use of Sendbox falls outside fair use, or imposes costs on us out of all proportion to what is paid for its plan, we may ask you to change it, apply a limit to your account, slow or pause your Sendboxes, or, in serious or repeated cases, end your access to Sendbox. We will tell you what the problem is and, where it can be put right, give you the chance to do so first, unless we need to act at once to protect the service or other users.

Intellectual property

The Cut application, including its design, code, branding, and content, is owned by Heftii, Inc. and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use the Heftii or The Cut names, logos, or trademarks without our prior written permission.

Third-party services

The Cut integrates with third-party services including, but not limited to, Apple iCloud, SoundCloud, and Google. Your use of those services is governed by their own terms and privacy policies. Heftii is not responsible for the availability, content, or practices of any third-party service.

Disclaimers

The Cut 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. We do not warrant that the service will be uninterrupted, error-free, secure, or that any defects will be corrected.

No liability

To the maximum extent permitted by applicable law, Heftii, Inc. and its officers, employees, contractors, and affiliates shall not be liable to you or any third party for any damages of any kind arising out of or related to your use of, or inability to use, the service. This includes, without limitation, direct, indirect, incidental, special, consequential, exemplary, and punitive damages, as well as any loss of profits, revenue, data, goodwill, business opportunity, or other intangible losses, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

You use The Cut entirely at your own risk. You are solely responsible for any decisions you make, any content you process, and any consequences that follow from your use of the service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law.

Termination

You may stop using The Cut at any time by deleting the app from your device and revoking any third-party access you previously granted. We may suspend or discontinue the service, in whole or in part, at any time and without prior notice, and we may limit, pause or end your access to Sendbox as described under Fair use. Provisions of these Terms that by their nature should survive termination will survive.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will be communicated through the app or via the channels you have authorised. Your continued use of The Cut after changes take effect constitutes your acceptance of the revised Terms.

Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the service will be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Contact

Questions about these Terms? Email us at support@heftii.com.