Terms of Use

1. Agreement to Terms

By downloading, installing, or using Refrain ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

Refrain is developed and operated by Sullivan Collomb, a sole proprietor based in Lyon, France ("we", "us", or "our").

2. Description of the App

Refrain is an iOS application designed for songwriters and poets. It allows users to write, organize, and perform songs and poems, with built-in tools including a rhyme finder, syllable counter, and performance mode with auto-scroll.

3. Eligibility

You must be at least 13 years of age to use Refrain. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. License to Use the App

4.1 Grant of License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use Refrain on your Apple device solely for your personal, non-commercial purposes.

4.2 Restrictions

You agree not to:

• Copy, modify, or distribute the App or any part of it
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, or sublicense the App to any third party
• Use the App for any unlawful purpose or in violation of any regulations
• Remove or alter any proprietary notices or labels on the App
• Attempt to circumvent any security measures or access restrictions

5. Your Content

5.1 Ownership

You retain full ownership of all songs, poems, lyrics, and any other content you create using Refrain ("Your Content"). We claim no ownership over Your Content.

5.2 Storage

Your Content is stored locally on your device only. We do not have access to, store, or process Your Content on any servers. You are solely responsible for backing up Your Content.

5.3 Responsibility

You are solely responsible for Your Content and represent that:

• You own or have the necessary rights to all content you create or input into the App
• Your Content does not infringe the intellectual property rights of any third party
• Your Content does not violate any applicable laws or regulations

6. In-App Purchases and Subscriptions

6.1 Free Features

Refrain offers a free tier that allows you to use the App for a period of 14 days with full access to all features. After this period, the free tier allows you to create up to 3 projects (songs or poems). A Refrain Pro subscription is required to create unlimited projects and access all features.

6.2 Refrain Pro

Refrain Pro is available through the following purchase options:

Prices may vary by region and are displayed in your local currency during purchase.

6.3 Billing and Renewal

• Subscriptions are billed through your Apple ID account
• Your subscription automatically renews unless cancelled at least 24 hours before the end of the current period
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscription in your Apple ID Account Settings at any time

6.4 Refunds

All purchases are processed by Apple through the App Store. Refund requests must be submitted directly to Apple in accordance with their refund policy at support.apple.com/billing.

6.5 Restore Purchases

If you have previously purchased Refrain Pro, you can restore your purchase at any time using the "Restore Purchases" option within the App.

7. Intellectual Property

7.1 Our Intellectual Property

The App, including its design, interface, features, code, and all related content (excluding Your Content) is the exclusive property of Sullivan Collomb and is protected by applicable intellectual property laws.

7.2 Trademarks

"Refrain" and the Refrain logo are trademarks of Sullivan Collomb. You may not use these trademarks without our prior written permission.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the App, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate such feedback without any obligation to you.

8. Third-Party Services

The App integrates with the following third-party services:

• Apple App Store — for payment processing and distribution
• RevenueCat — for subscription and purchase management
• Datamuse API — for the rhyme finder feature

Your use of these services is governed by their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The App will be uninterrupted, error-free, or secure
• Any defects or errors will be corrected
• The App will meet your specific requirements
• The rhyme suggestions provided are accurate or complete

10. Limitation of Liability

To the maximum extent permitted by applicable law, Sullivan Collomb shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data or content
• Loss of profits or revenue
• Business interruption
• Any other damages arising from your use of or inability to use the App

Our total liability to you for any claims arising from these Terms or your use of the App shall not exceed the amount you paid for the App in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sullivan Collomb from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the App
• Your Content
• Your violation of these Terms
• Your violation of any rights of a third party

12. Termination

We reserve the right to terminate or suspend your access to the App at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your license to use the App will immediately cease. Provisions that by their nature should survive termination will remain in effect.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Lyon, France.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of any significant changes by updating the "Last updated" date at the top of this document.

Your continued use of the App after any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

15. Apple-Specific Terms

The following terms apply with respect to your use of the App on Apple devices:

• These Terms are between you and Sullivan Collomb only, not with Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any product liability claims related to the App
• Apple is a third-party beneficiary of these Terms and may enforce them against you
• Your use of the App must comply with the App Store Terms of Service

16. Contact Us

If you have any questions about these Terms of Use, please contact us: