Setliner^™ — End User License Agreement

Resumen en español · Résumé en français

Version 1.19 — Effective November 7, 2026

This version adds limits on free trials to Section 5.9. A trial from the App Store is limited by Apple Account, as before; any other free trial of a feature is available only once per person and once per device. We may decline to start a trial, or end one early, where we reasonably believe it repeats a trial already used or was obtained in a way meant to get around these limits; that ends only the trial, nothing is charged and nothing you bought is affected, and you can write to us if you think it was a mistake. We do not promise to detect every repeated trial. Section 4 adds that you may not obtain, or try to obtain, a free trial you are not eligible for, or take steps meant to get around its limits, and Section 5.7, item 5, now names a trial we end early under Section 5.9. The plain-English summary changed to match. No other Section changes.

Version 1.18, of October 31, 2026, had added a short paragraph, At a glance, to the plain-English summary, which the Software and our website may show translated into Spanish or French, and said how such translations relate to this Agreement. Section 21.12, Language, now says that the English text is the Agreement; that any translation of it or of any part of it, and any text about it in another language, is provided for convenience only; that a summary we show you in another language is a translation of the corresponding English summary, is not part of this Agreement and does not change, add to or waive any of its terms; that the English text controls if a translation differs; and that nothing in that Section limits rights that mandatory law gives you. Section 21.11 now also covers translations of headings and of the summary. The summary's bullets now also describe the dispute terms (Section 20), the limits on our liability (Sections 14 and 15), the indemnity (Section 16) and the scope of a purchase (Section 5.3). No other Section changed.

Version 1.17, of October 30, 2026, had changed Section 6.6a, Recordings. In a version of the Software that offers it, a recording you keep stays in the Software's own storage on your device, and the Software also tries to copy it to a folder for takes in your library folder, if you use one, or to another folder you choose. That folder is under Section 6.1a: a sync or backup service you use for it may copy recordings to its servers and to your other devices, and other apps and people with access to it can open, change or delete them. The copy is not a backup service, and a copy there may remain after you delete the recording in the Software. You are responsible for any agreement the law requires from people heard on a recording. The plain-English summary changed to match.

Version 1.16, of October 30, 2026, had added Section 6.6a, Recordings: a recording is kept only if you choose to keep it, stays on your device and does not sync, can be lost until it is kept (where your version offers recovery, a recovery copy is kept on your device until you save or discard it), can be put in a library backup if you turn that on and, where your version offers it, exported; keep your own copy of anything you cannot repeat. It added to Sections 14 and 15 that consumers in Australia and New Zealand keep their guarantees and rights under their consumer laws, added to Section 15.5 that we do not limit liability for our fraud or wilful misconduct, or for gross negligence where the law does not allow it, and added Section 15.6 for New Jersey. It added Québec, Canada, to the places where Paid Features, trials, Accounts and Teams are not offered (Section 5.10): a website order billed to an address in Québec from that version on grants no license and is refunded in full, and because the App Store cannot leave out a single province, people who live in Québec should not buy or start a trial there. The plain-English summary changed to match.

Version 1.15, of October 25, 2026, had added to Section 7.4 that team notifications are off until you turn them on, may arrive late or not at all, and do not replace the team's schedule in the Software; that dates a member marks unavailable stop anyone on the team assigning them on those days in the Software; and that what you type in a team's free-text fields, such as an event's place, is seen by everyone in the team who can see it, so you are responsible for it as Content. It added Section 10.5, Payment links and tips: the Software can show a QR code for your own payment link and keep your own tip log, and Setliner, LLC takes no part in any payment. It added to Section 6.7 what Teams stores for these features. It also added to Section 6.1b that when a linked set holds a slide deck, each device shows its own copy of the deck and the deck itself is not sent. The plain-English summary changed to match.

Version 1.14, of October 25, 2026, had added Section 7.5, Audience requests, for versions of the Software that offer them: an Account holder can put the titles and artists of songs they choose on a page on setliner.com, where anyone with its link or QR code can ask for one; the performer decides what to play, no payment is involved, the people using the page are not asked to accept anything, and when the list ends, at most 12 hours after it starts, its requests are deleted and only how many times each song was asked for is kept until the Software has collected it, at most 30 days. Sections 6.7, 11, A.2 and A.3 and the plain-English summary changed to match. It also extended Section 10.4 to messages the Software sends to MIDI equipment, such as program changes and mixer scene or preset recalls: they take effect on that equipment as it is configured, and you are responsible for choosing what is sent and testing it before a live performance or service. It also said that in the iPhone and iPad app a trial is a free item from the App Store named "90-day Trial", and that trials and purchases there need no Account; a purchase made there without one unlocks only in the iPhone and iPad app until you sign in, and that an App Store trial does not cover a free team (Sections 5.9, 5.10, 7.1 and 7.4). It said that Accounts are for people 13 and older, that signing in confirms you are, that we delete an Account we learn belongs to a child under 13, and that a younger person's purchase needs a parent's or guardian's approval, such as Apple's Ask to Buy (Section 1.1). It also removed the terms for examples of your playing sent with the Software's Send feature, which no version of the Software has offered, so none has reached us that way: Section 12 was again only about Feedback, Section 12.2 was omitted and its number kept, and Sections 6.5, 6.7, 8.3, 9.5, 11 and 16 and the plain-English summary stopped mentioning examples. We do not train any model on your Content (Section 9.5). If we ever offer a way to send us examples, we will publish a new version of this Agreement first, and the Software will ask for your permission before anything is sent. Version 1.13, of October 20, 2026, had let an adult outside the European Economic Area and the United Kingdom choose to send us examples of their playing with the Software's Send feature, such as the chords they corrected in practice mode, measurements of the sound around them and, if they choose, short clips, and let us use them only to measure, test and improve how the Software hears what is played and how it checks a performance after the player stops, including in future versions, never the rules that decide the feedback it gives while they play, or a song's chords. It said we would keep them until they were deleted, or for up to 10 years from when we received them, whichever came first, and then delete them, that senders kept what they own, and that a send could be deleted with its receipt code, in the Software or by emailing the code to us (Sections 9.5 and 12.2). It said we still did not train any model on the rest of your Content, and we never give your Content to anyone else to train theirs (Section 9.5). It had also said that Paid Features, trials, Accounts and Teams are offered only outside the European Economic Area and the United Kingdom, and that a website order placed from that version on and billed to a country there grants no license and is refunded in full (Section 5.10), and Sections 5.6, 6.5, 6.7, 8.3, 11, 12.1, 15.2, 16 and 17.2 began to point to those Sections. Version 1.12, of October 18, 2026, had let an Account holder who holds a license to a Paid Feature in their own name, or an active trial of any Paid Feature until that trial ends, run one free team of up to five people, the owner and any viewers included, without seats, outside the European Economic Area and the United Kingdom. A free team is not a purchase and has no price. While its owner is not covered, it takes no new members, events or assignments; nothing in it is deleted because of that. Like Teams with a team bundle, it can change or end with notice and no refund is owed (Sections 5.3, 7.4 and 8.1). Only an adult may create a team or take one over, and a member leaves a team by asking its owner or an administrator to remove them, or by deleting their Account (Section 7.4). Version 1.11, of October 17, 2026, had removed the terms about subscriptions, because Setliner sells only one-time purchases. Section 5.4 (subscriptions and automatic renewal) is omitted and its number kept, and Sections 2, 5.2, 5.3, 5.6, 5.7, 5.9, 8.1 and 19 no longer mention our subscriptions. Mentions of subscriptions you hold with others, such as a CCLI SongSelect subscription, stay. If we discontinue a Cloud Service you bought, the refund is now the amount you paid for it, pro-rated over 24 months from your purchase date, as for a Paid Feature (Section 8.1). Version 1.11 also: says when we will and will not disable a copy of the Software you already have, and when we may stop or change a feature or Cloud Service for legal reasons (Section 5.7, item 5); says what Teams stores and names our agent for copyright notices (Section 6.7); says that a team bundle is a bulk purchase of seats, that Teams comes with it at no extra charge for as long as we run it, and that if we end Teams we give notice and a way to export the team's information, no refund is owed, and the seats keep working (Sections 5.3, 7.4 and 8.1); adds viewers to teams and says that whoever shares songs, lyrics, charts or documents with a team is responsible for the rights or licenses for them (Section 7.4); lists the Software's checks with our Teams service among the communications it makes on its own (Section 11); keeps your reviews free of the confidentiality of pre-release features (Section 13.2); no longer promises an installer for an earlier version, and makes a refund the remedy if you decline a change and your copy came from an app store, which cannot reinstall an older version, or you no longer have a working copy (Sections 13.1 and 19); says that a refund we owe for an app store purchase comes through that store first and, if the store does not give it, is based on what we received after the store's commission (Section 5.6); applies the AAA's mass-arbitration rules where those rules apply, such as when 25 or more similar claims are filed by coordinated counsel (Section 20.3); and adds a sentence Apple requires (Schedule A, A.1). Version 1.10, of September 26, 2026, had made material changes to this Agreement take effect when they are published, with notice in the Software (Section 19), keeping the 30 days' notice before a free feature becomes paid (Section 5.7, item 2) and the 60 days' notice before a paid feature or paid Cloud Service is discontinued (Section 5.7, item 4, and Section 8.1), except that the 60 days give way when the law, a court or government order, a third party's legal rights, a platform's rules or a serious security risk requires a faster change; the substitute, refund or export still applies. Version 1.9, of September 25, 2026, had shortened the notice for material changes from 30 days to 15, starting October 25, 2026. Previous versions are at https://setliner.com/eula/archive.

Plain-English summary (not part of the agreement)

At a glance. Setliner is a tool for organizing and displaying your own music files; apart from a few public-domain songs we include, we don't supply songs, lyrics, or chord charts. Copyright licensing is your responsibility: to display, print, project, reproduce, or stream copyrighted music, you need your own license, such as CCLI, and anyone you share a chart with needs their own. Your files stay in folders you choose; we don't host your charts, lyrics, or files, though Teams keeps your team's details, such as members' names and email addresses, and the team's events. Keep your own copy of any recording you can't repeat. The base app is free today; if you buy a feature, then unless the terms shown when you buy say otherwise, you can use it on every platform where we offer it, in the version line you bought and in later version lines where we still offer that feature (Section 5.3); services such as Teams last as long as we run them. Website purchases are sold by Polar Software, Inc., under its checkout terms as well as ours. Purchases, trials, accounts and Teams are not offered in the European Economic Area, the United Kingdom or Québec, Canada. Free trials have limits: outside the App Store, each feature's free trial is available once per person and once per device, and we may decline or end a trial we reasonably believe repeats one already used; that ends only the trial, and nothing is charged (Section 5.9). We don't train any model on your content. We give no warranties beyond those the law requires, and where the law allows, we are not liable for indirect losses, such as lost profits or data, and our liability is capped at the greater of what you paid for the Software in the 12 months before the event the claim is about or USD 50 (Sections 14 and 15). If someone makes a claim against us because of your content, a license you didn't get, your breach of this Agreement, your unlawful use of the Software or use that violates someone else's rights, you may have to defend us and cover what it costs us, except for any part caused by our own breach, negligence or willful misconduct (Section 16). Except for small claims and the other cases in Sections 20.4 and 20.5, disputes go to individual arbitration, without a jury, not to court or a class action, unless you opt out by emailing support@setliner.com, with your name and that you opt out, within 30 days of first accepting this Agreement (Section 20.6). Except in the cases in Section 20.5, before arbitration or a lawsuit either side must first send a written notice and try for 60 days to settle; time limits pause meanwhile (Section 20.2). Claims must be brought within two years after they arise, or they are lost for good, unless the law requires a longer period (Section 20.8).

• Setliner is a tool for organizing and displaying your own music files. Apart from a few public-domain songs we include and identify as ours, we don't supply songs, lyrics, or chord charts.
• Copyright licensing is your responsibility. If you display, print, project, reproduce, or stream copyrighted music, you need your own CCLI license (or the equivalent from OneLicense, CCS, a performing rights organization, or the publisher). Setliner does not include, provide, or substitute for any such license.
• Setliner is a local tool, not a hosting service. It reads and writes files in a folder you choose — including one synced by a service like Google Drive, Dropbox, or OneDrive. It can also show your charts on other devices you link over your own local network; that goes device to device, not through us. We don't host, index, or transmit your charts, lyrics, or files ourselves; if you use Teams, our Teams service keeps your team's details, such as members' names and email addresses, roles, event titles and places, setlist names and the dates members mark unavailable, but not the charts, lyrics, or files themselves. Tips you get through your own payment link are between you and the person paying; we take no part in any payment. If you use Audience requests, the titles and artists of the songs you choose go on a page on setliner.com that anyone with its link can open, and nothing else from your library does.
• Recordings stay on your device and can be lost until you keep them. In a version that offers it, kept recordings are also copied to a folder you control, which your sync service may upload; keep your own copy of anything you can't repeat (Section 6.6a).
• The base app is free today. Some features may cost money, now or later — and if you buy one, then unless the terms shown when you buy say otherwise, you can use it on every platform where we offer it, in the version line you bought and in later version lines where we still offer that feature (Section 5.3); services such as Teams last as long as we run them.
• Purchases through our website are sold by Polar Software, Inc. as merchant of record, under its checkout terms as well as ours. Purchases through an app store are sold by that store.
• If you share a chart with someone else through Setliner, whether by a shared folder, a linked device, or an export, you need the right to give it to them, and they need their own license to use it. Sharing through Setliner never substitutes for a license on either side.
• We give no warranties beyond those the law requires, and where the law allows, we are not liable for indirect losses, such as lost profits or data, and our liability is capped at the greater of what you paid for the Software in the 12 months before the event the claim is about or USD 50 (Sections 14 and 15). If someone makes a claim against us because of your content, a license you didn't get, your breach of this Agreement, your unlawful use of the Software or use that violates someone else's rights, you may have to defend us and cover what it costs us, except for any part caused by our own breach, negligence or willful misconduct (Section 16).
• Except for small claims and the other cases in Sections 20.4 and 20.5, disputes go to individual arbitration, without a jury, not to court or a class action, unless you opt out by emailing support@setliner.com, with your name and that you opt out, within 30 days of first accepting this Agreement (Section 20.6). Except in the cases in Section 20.5, before arbitration or a lawsuit either side must first send a written notice and try for 60 days to settle; time limits pause meanwhile (Section 20.2). Claims must be brought within two years after they arise, or they are lost for good, unless the law requires a longer period (Section 20.8).
• If you use accounts, cloud sync, or AI features, extra terms apply.
• We don't train any model on your content, and we never let anyone else train on it.
• Purchases, trials, accounts and Teams are not offered in the European Economic Area, the United Kingdom or Québec, Canada.
• Free trials have limits: outside the App Store, each feature's free trial is available once per person and once per device, and we may decline or end a trial we reasonably believe repeats one already used; that ends only the trial, and nothing is charged (Section 5.9).

The binding terms begin below.

1. Agreement to terms

This End User License Agreement ("Agreement") is a binding legal contract between you ("you") and Setliner, LLC, an Oregon limited liability company with its principal place of business at 12042 SE Sunnyside Rd, Unit #2160, Clackamas, OR 97015 ("we," "us," or "our"), governing your access to and use of the Setliner software application for desktop and mobile platforms, including all components, updates, documentation, and any online services we make available in connection with it (collectively, the "Software").

BY INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE, AND DELETE ALL COPIES IN YOUR POSSESSION.

Section 20 contains a binding arbitration provision and a class action waiver that affect your legal rights, including a 30-day right to opt out. Please read it carefully.

1.1 Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction if that age is greater, to accept this Agreement on your own behalf. If you are at least 13 but have not reached that age, you may use the Software only with the consent and under the supervision of a parent or legal guardian who accepts this Agreement on your behalf, and you may hold an Account, start a trial, or join a team only with that consent where the law where you live requires it. A child under 13 may use the Software only without an Account, on a device that a parent, guardian, or organization manages, and the adult who accepted this Agreement for that device is responsible for that use; we do not knowingly collect personal information from children under 13. Accounts are for people 13 and older, and signing in confirms you are; if we learn that an Account belongs to a child under 13, we delete it. A purchase by someone who has not reached the age in the first sentence of this Section needs the approval of a parent or legal guardian, such as Apple's Ask to Buy. A group leader is not a substitute for a parent or legal guardian under this Section.

1.2 Organizational use

If you accept this Agreement on behalf of a church, ministry, school, band, employer, or other organization, you represent that you have the authority to bind that organization, and "you" refers to both you and that organization. The organization is responsible for the acts and omissions of its personnel and volunteers using the Software under its direction.

2. Definitions

• "Content" means any song file, chord chart, ChordPro or text file, lyric, notation, sheet music, annotation, setlist, tag, image, audio, metadata, or other material that you create, import, upload, open, store, display, export, or otherwise process using the Software.
• "Free Features" means the functionality of the Software made available at no charge.
• "Paid Features" means any functionality, capacity, or service that we make available only in exchange for a one-time purchase or other payment, as further described in Section 5.
• "Version Line" means a major release series of the Software as we designate it (for example, all 2.x releases), across all operating-system platforms on which we offer it.
• "Account" means a registered user account, where we offer one, used to access cloud sync, Paid Features, or other account-based services.
• "Cloud Services" means any hosted service we operate in connection with the Software, including account management, synchronization, backup, and license entitlement services.
• "AI Features" means any functionality of the Software that uses machine learning, generative artificial intelligence, or similar automated systems, whether operated by us or by a third-party provider.
• "Third-Party Services" means any software, service, API, content source, or platform not operated by us that the Software connects to or interoperates with, including any cloud storage or file-synchronization service (such as Google Drive, Dropbox, or OneDrive) you choose to point the Software at.
• "Licensing Body" means any organization that administers rights in musical works or sound recordings, including without limitation Christian Copyright Licensing International ("CCLI"), OneLicense, Christian Copyright Solutions, MultiTracks.com, ASCAP, BMI, SESAC, GMR, the Harry Fox Agency, PRS for Music, and any music publisher, administrator, or copyright owner.

3. License grant

3.1 Grant

Subject to your continuous compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software in object code form, for your personal, ministry, educational, or internal business purposes. This license is revocable in accordance with Section 17, except that a license to a Paid Feature purchased outright under Section 5.3 is perpetual and revocable only for your material breach of Section 4 or Section 6, or for non-payment, refund, or chargeback of the purchase itself.

3.2 Scope

Unless a separate written agreement or the terms presented at the point of purchase state otherwise, this license permits installation on any number of devices that you own or control, or that are owned by the organization on whose behalf you accepted this Agreement, provided that use of Paid Features is subject to the seat, device, or user limits associated with the applicable purchase. A "seat" means one named individual authorized to use a Paid Feature. If we have reason to believe your use exceeds the limits you have paid for, you will, on our reasonable written request and no more than once in any twelve-month period, provide a self-certification of your usage.

3.3 Reservation of rights

The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to you except as expressly set out in this Agreement. No rights are granted by implication, estoppel, or otherwise.

4. Restrictions

You will not, and will not permit any third party to:

1. copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by this Agreement or by non-waivable law;
2. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Software, except to the limited extent that applicable law expressly permits it notwithstanding this restriction, and only after you have given us written notice and a reasonable opportunity to provide the necessary information;
3. rent, lease, lend, sell, resell, sublicense, distribute, host as a service, or otherwise commercially exploit the Software or make it available to any third party, other than as expressly permitted by Sections 1.2 and 3.2;
4. remove, alter, or obscure any proprietary notice, branding, watermark, or attribution in or on the Software or its output;
5. circumvent, disable, tamper with, or otherwise defeat any licensing check, entitlement verification, feature lock, usage cap, digital rights management, or security mechanism in the Software, or use any Paid Feature you have not paid for and are not entitled to under Section 5.7;
6. use the Software to develop a competing product, or to benchmark or evaluate it for the purpose of doing so, without our prior written consent;
7. use the Software in violation of any applicable law, regulation, or third-party right, including copyright, or in violation of the terms of any Licensing Body or Third-Party Service;
8. use the Software to store, display, distribute, or transmit unlawful, infringing, defamatory, or malicious material;
9. access or use the Cloud Services in a manner that imposes an unreasonable load on our infrastructure, or use automated means to scrape, harvest, probe, or overload them;
10. use the Software in any application where failure could reasonably be expected to result in death, personal injury, or severe physical, environmental, or property damage;
11. obtain, or try to obtain, a free trial you are not eligible for under Section 5.9, or take steps meant to get around its limits (Section 5.9 says what happens to the trial).

Any use of the Software outside the scope of this Agreement is both a material breach of this Agreement and an infringement of our intellectual property rights.

5. Free features, paid features, and payment

5.1 Free base license

We currently make core functionality of the Software available at no charge. We may change what is included in the Free Features at any time, subject to the grandfathering commitments in Section 5.7.

5.2 Paid features

We may offer Paid Features on any of the following bases:

• One-time unlocks — a single payment unlocking specified functionality, on every platform, for the Version Line stated at the time of purchase;
• Capacity or usage allowances — a limit on the volume of a given operation available under the Free Features, with additional capacity available for purchase.

The features, limits, term, and price of each offering are those stated at the point of purchase, which are incorporated into this Agreement by reference for that purchase.

5.3 Nature of a one-time unlock

Unless the point-of-purchase terms state otherwise, a one-time unlock grants a perpetual license to use the unlocked functionality in the Version Line for which it was purchased, and in any subsequent Version Line in which we continue to offer that functionality.

A paid license is cross-platform. An unlock you purchase on any one platform entitles you to that functionality on every platform on which we offer the Software — desktop and mobile alike — for the same individual or organization, without further payment. Because app stores cannot see purchases made through one another, redeeming a cross-platform entitlement may require you to register an Account or enter a license key; we will provide a means of doing so, and the entitlement is yours whether or not you have redeemed it yet.

A one-time unlock is not a promise that the functionality will be maintained, updated, supported, or carried forward indefinitely. It is a purchase of functionality that runs on your own device; a Cloud Service or AI Feature is a service with ongoing operating expense, not purchased functionality. Where we ever offer such a service alongside an unlock, the point-of-purchase terms will identify it separately and state its term, so that what is perpetual and what is a service is clear before you pay; we will not present a service as part of a perpetual purchase and then treat it as excluded. Teams is such a service: it comes at no extra charge with a team bundle, or as a free team with a license or a trial, and its term is for as long as we run it (Sections 7.4 and 8.1). Where a feature exists on one platform and not another, the unlock entitles you to it wherever it exists, but does not oblige us to build it everywhere. Deleting your Account does not revoke a perpetual license: we keep a licence-restoration record (the email address you verified, the entitlements attached to it and the purchase transaction identifier) for as long as the entitlement exists, and verifying that address again restores the license on a device. Deletion does end the Account's device activations and its current team memberships and access; records that a team keeps about a former member remain with that team under Section 9 of the Privacy Policy and the Data Processing Addendum, and restoring a license does not restore team access.

5.4 Intentionally omitted

This section is intentionally omitted.

5.5 Payment processing and app stores

Purchases made through our website are sold by Polar Software, Inc. ("Polar") as merchant of record and reseller of the Paid Features: Polar is the seller of record for the transaction, collects payment and any applicable sales tax or VAT, issues the receipt, and applies its own checkout terms to the purchase in addition to this Agreement. Purchases made through a platform app store (including the Apple App Store, Google Play, or the Microsoft Store) are sold by that store under its terms, billing rules, and refund policy, and you must direct billing and refund requests for them to that store, except a refund we owe you under Section 5.6. We never receive your full payment card details from Polar or from a store. You are responsible for all taxes associated with your purchase other than taxes on our net income, except to the extent Polar or the store collects them from you at checkout.

5.6 Refunds

Except (a) where a refund is required by applicable law, (b) where Polar, for a website purchase, or the app store through which you purchased provides one under its own refund policy, which governs that transaction and prevails over this Section where it is more generous, or (c) as expressly provided in Sections 5.7, 5.10, 8.1 and 19, all fees are non-refundable and there are no refunds or credits for unused capacity or features you did not use. We may, in our sole discretion, issue a refund or credit as a courtesy; doing so does not obligate us to do so again.

Refunds for app store purchases. If a refund we owe you under Section 5.7, 8.1, or 19 is for a purchase made through an app store, first ask that store for a refund through its own refund process (Section 5.5). A refund the store gives you for that purchase counts toward ours, and we pay you any difference. If the store refuses, or has not refunded you within 30 days of your request, tell us (with proof of purchase) and we will pay you within 30 days, in money, through the store where it lets us or otherwise directly to you. For an app store purchase, our refund is based on the amount we actually received from the store for it, after the store's commission and any taxes it kept, rather than the price you paid the store, and is pro-rated where the Section that applies says so.

5.7 Changes to features and pricing, and what is grandfathered

We may add, modify, discontinue, or reprice features at any time. The following commitments limit that right and are intended to be relied on:

1. Purchased functionality stays purchased. We will not place behind an additional paywall, remove, or reduce any functionality you have already purchased outright, in the Version Line for which you purchased it, on any platform. The only exceptions are the discontinuation remedy in item 4 and the grounds in item 5, each of which applies to purchased functionality solely on the terms stated there. A Cloud Service or AI Feature identified as a service at the point of purchase under Section 5.3 is governed by the term stated there rather than by this item; we may not reclassify functionality you purchased outright as a service after the fact.
2. Free functionality you already use is grandfathered on the build you have. If we move functionality from the Free Features to the Paid Features, you may continue to use it without charge in any version of the Software released before that change, and using it in such a version is not a breach of Section 4.5. We will give at least 30 days' notice in the Software or by email before the change takes effect in a new release.
3. Existing data over a new cap is not destroyed. If we introduce or lower a capacity limit, Content you had already stored or created above the new limit remains accessible and exportable, though you may be unable to add more until you are within the limit or purchase additional capacity.
4. Discontinuation remedy. If we permanently discontinue a Paid Feature you purchased outright, we will use commercially reasonable efforts to give at least 60 days' notice and will, at our election, provide a substitute feature of comparable utility or a refund of the amount you paid for it (for an app store purchase, what we received after the store's commission, as Section 5.6 describes), pro-rated over 24 months from your purchase date (that is, the amount multiplied by the number of whole months left in those 24 months, divided by 24). A feature that keeps working in the version you have under item 5 is not discontinued for you under this item, unless your copy came from an app store or the feature stops working there because a service of ours that it needs has ended. If the law, a court or government order, a third party's legal rights (such as an intellectual-property claim), an app store's or platform's rules, or a serious security risk requires us to discontinue or change it sooner, we will give as much notice as is reasonably practicable, which may be none, and the substitute or refund still applies.
5. We do not disable a copy you already have, except as this item states. We will not remotely disable, lock, or remove the Software, or a feature that runs on your device, in a copy you already have, except: (i) the end of a trial, including one we end early under Section 5.9, or of an evaluation build under Section 5.9; (ii) revocation for breach, non-payment, refund, or chargeback under Sections 3.1 and 17.3; (iii) the ordinary operation of seats and device limits, such as a bundle's owner moving a seat or a device being released (Section 3.2); (iv) the end of device activations when you delete your Account (Section 5.3); and (v) a court or government order, and then only to the extent it requires. If we stop offering or change a feature, the version you already have keeps it, and for a Paid Feature you bought we keep confirming your license, or provide the offline means, as Section 5.8 describes. This item is a promise about what we do; it is not a promise that a feature keeps working when an operating-system change, a Third-Party Service, or a Cloud Service it depends on changes or ends (Sections 8.1, 10, and 14). We may stop offering or change a feature in new versions of the Software, and may stop or change a Cloud Service, (a) when the law, a court or government order, a third party's legal claim against us that we reasonably believe has merit (such as an intellectual-property claim), an app store's or platform's rules, or a serious security risk requires it, or (b) when we reasonably and in good faith judge that continuing it would expose us to a significant risk of legal liability. An update you install, including one an app store installs automatically, is a new version, so if your copy came from an app store, a new version that removes or reduces a Paid Feature you bought counts as discontinuing it under item 4. We will tell you in the Software or by email as far ahead as is reasonably practicable, and the substitute or refund in item 4, for a Paid Feature, or, for a Cloud Service you bought, the refund and export in Section 8.1, or, for Teams, the notice and export in Section 8.1, still apply.

5.8 Entitlement verification and end of life

The Software may periodically verify your license or entitlement status, including by contacting our servers or an app store. You agree not to interfere with that verification. If verification is unavailable, the Software will continue to operate with your existing entitlements for a grace period of not less than 30 days. If we permanently cease operating our entitlement verification service, we will make available an offline means of retaining access to Paid Features you purchased outright, such as an offline licence key or a build with verification disabled.

5.9 Trials and promotional offers

We may offer free trials or promotional pricing. Except in the iPhone and iPad app, a free trial of a Paid Feature requires an Account (Section 7), and starts only once you have verified the email address on it. In the iPhone and iPad app, a trial is a free item from the App Store named "90-day Trial": it needs no Account, unlocks the Paid Feature only in the iPhone and iPad app (including that app on a Mac or Apple Vision Pro, where the App Store offers it), and ends 90 days after you took it. In the iPhone and iPad app you can take each trial once per Apple Account, and not after another trial that covers the same feature. A trial simply ends, and nothing is charged unless you buy the feature. Before a trial starts, the Software shows its length, what stops working when it ends, and the price to buy it.

Trials have limits. A trial from the App Store is limited by Apple Account, as described above. Any other free trial of a feature is available only once per person and once per device; if either has already had it, it is not available again. To apply these limits we use the information our Privacy Policy describes for that purpose. We may decline to start a trial, or end one early, where we reasonably believe it repeats a trial already used or was obtained in a way meant to get around these limits, including by giving false information. Declining or ending a trial is not a suspension or termination under Section 17 and needs no notice beforehand, and it ends only that trial: nothing is charged, nothing you bought is affected, and your Content is not touched. If you think we declined or ended a trial in error, including on a device you got from someone else, write to support@setliner.com and we will look at it again. We do not promise to detect every repeated trial, and a trial we did not refuse gives no right to another.

We may also distribute time-limited evaluation builds of the Software. An evaluation build stops working, or limits how much of your library you can open, on the date shown when you obtained it. It does not convert into a purchase, does not charge you anything, and Section 13.2 applies to it. Your Content is not affected by the expiry: your files remain on your device in their original formats, whatever the build still opens can still be exported, and installing the free release restores full access to your library.

5.10 Where purchases, trials, Accounts and Teams are offered

Paid Features, trials, Accounts and Teams are offered only outside the European Economic Area, the United Kingdom and the Canadian province of Québec. This Section does not limit where you may use the Free Features. We may ask where you are, at checkout or before we send a sign-in code, and decline a purchase, trial, Account or team on that basis. A website order placed on or after the effective date of version 1.13 of this Agreement and billed to a country in the European Economic Area or the United Kingdom, or placed on or after the effective date of version 1.16 and billed to an address in Québec, grants no license, any license it had already granted ends, and we refund it in full, which is a refund for the purposes of Section 3.1. Moving to any of those places after you buy does not end a license you bought. Section 7.4 says what happens to a team whose owner declares such a country. In the iPhone and iPad app, purchases and trials are offered only in App Store storefronts outside the European Economic Area and the United Kingdom; the App Store cannot leave out a single province, so if you live in Québec, please do not buy or start a trial there, because Paid Features are not offered to you.

6. Your content and copyright compliance

This Section is fundamental to the bargain between us. Read it in full.

6.1 The Software is a tool; it supplies no music and no rights

The Software is a general-purpose tool for organizing, editing, transposing, annotating, displaying, projecting, printing, and exporting music files that you supply. Except for any sample, demonstration, or public-domain material we expressly identify as provided by us, we do not supply, sell, license, distribute, or make available any musical work, lyric, chord chart, notation, arrangement, sound recording, or other copyrighted content, and we are not a party to any transaction by which you obtain such material.

6.1a A local tool, including when your library folder is cloud-synced

The Software reads and writes files in a folder on your device that you choose. That folder may itself be synchronized to a third-party cloud storage service — such as Google Drive, Dropbox, or OneDrive — by software you installed separately, entirely outside our control. In that case, we act only as a local file processor of files already on your device; we do not host, transmit, distribute, index, or make the files in that folder available to anyone through our own servers. The synchronization, storage, and access-control layer is provided solely by that third-party service under its own terms, which are the ones that govern who else can reach the folder.

If you point the Software at a folder that other people also have access to — for example, a shared Drive or Dropbox folder used by your whole worship team or band — each person with access to that folder is individually responsible for holding whatever license each of them needs for what they do with the Content in it. Sharing a folder does not create, extend, or substitute for any license, and does not make us a party to how the folder's contents are used or by whom.

6.1b Linked devices

The Software can link devices on the same local network so that one leads a set and the others follow it and, if a follower chooses, can send that follower a temporary copy of a chart it does not have. That transfer goes directly between the devices over your own network; it does not pass through, and is not stored on, any server of ours. You decide whether to lead, whether to join, whom to invite, and whether to share charts. Each person in a linked session is individually responsible for holding whatever license they need for what they do with the Content shown or shared with them, and you must not share a chart with a device whose user is not entitled to receive it. A chart you receive from another device in a linked session is Content in your hands from the moment you receive it, and Sections 6.2 and 6.4 apply to it exactly as they apply to a file you imported yourself. When a linked set holds a slide deck, each device shows its own copy of the deck from its own library, and the deck, its slides and its notes are not sent; each person needs their own right to the deck they show. Linking devices does not create, extend, or substitute for any license, and does not make us a party to how shared Content is used.

6.2 You are solely responsible for obtaining all necessary licenses — including CCLI

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, MAINTAINING, PAYING FOR, AND COMPLYING WITH ALL LICENSES, PERMISSIONS, CONSENTS, REPORTING OBLIGATIONS, AND REGISTRATIONS REQUIRED FOR YOUR CONTENT AND YOUR USE OF IT.

Depending on what you do, that may include without limitation:

• a CCLI Church Copyright License or equivalent reproduction license, for reproducing, projecting, printing, or creating copies of lyrics, chord charts, or arrangements;
• a CCLI Streaming or Streaming Plus License, WORSHIPcast, or equivalent, for streaming or webcasting a service containing copyrighted music;
• a CCLI Rehearsal License or equivalent, for making or distributing rehearsal recordings or tracks;
• a CCLI SongSelect subscription, OneLicense membership, Christian Copyright Solutions license, or a licensed sheet-music purchase, for obtaining the underlying chord charts, lead sheets, or notation in the first place;
• a public performance license from ASCAP, BMI, SESAC, GMR, PRS for Music, or an equivalent performing rights organization, for performances outside any applicable religious-service exemption;
• a mechanical, synchronization, master use, print, or arrangement license from the relevant publisher, administrator, or copyright owner for any use those licenses cover;
• any equivalent license required in your country, which may differ from the above.

A license to use the Software is not, and does not include, a license to use any musical work or recording. Nothing in the Software — including any field, tag, metadata slot, or display element that references a CCLI song number, license number, or copyright line — creates, evidences, verifies, extends, or substitutes for any such license. Any such field is a convenience for your record-keeping and display of information you enter, and we do not verify it. The same is true of any play-history or song-usage report the Software compiles from your own records: it is a convenience for your record-keeping, we do not verify it, and it is not a report to, and does not satisfy any reporting obligation owed to, any Licensing Body.

Nothing in the Software — including any output of an AI Feature, any chord, key, or theory analysis, any transposition, or any other automated result — is legal, licensing, or copyright advice, and none of it is a determination that any particular use of any musical work is licensed, permitted, in the public domain, or fair use. If you need that determination, ask a licensed attorney or the relevant Licensing Body, not the Software.

6.3 No affiliation

We are not affiliated with, endorsed by, sponsored by, or in any partnership with CCLI, OneLicense, Christian Copyright Solutions, MultiTracks.com, any performing rights organization, or any music publisher, unless we expressly state otherwise in writing. CCLI®, SongSelect®, and all other names and marks referenced in this Agreement are the property of their respective owners, and are used solely for identification and descriptive purposes under nominative fair use.

6.4 Your representations and warranties as to Content

You represent, warrant, and covenant, on a continuing basis, that:

1. you own your Content or have obtained all rights, licenses, consents, and permissions necessary for every use you make of it through the Software, including for each act of reproduction, adaptation, transposition, arrangement, annotation, display, projection, performance, printing, export, transmission, and storage;
2. your Content and your use of it do not and will not infringe, misappropriate, or violate any copyright, moral right, trademark, publicity right, privacy right, contract, or other right of any person;
3. you will comply with the terms of every license you hold, including any restriction on copying, sharing, format-shifting, or redistributing material obtained from a Licensing Body or subscription service, and including any reporting or song-usage-logging obligation;
4. you will not use the Software to strip, defeat, or circumvent any technological protection measure, watermark, or licensing restriction applied to material you obtain from any source;
5. you have the right to share your Content with every person to whom you make it available through the Software, including through export, projection, presentation windows, shared setlists, a linked-device session as described in Section 6.1b, or a shared folder as described in Section 6.1a.

6.5 Ownership of your Content

As between you and us, you retain all right, title, and interest in and to your Content. We claim no ownership in it. Section 8.3 describes the limited license you grant us solely to operate any Cloud Services you choose to use.

6.6 Local storage and your responsibility for backups

The Software stores files and settings on your device. You are solely responsible for maintaining backups of your Content. We are not responsible for any loss, corruption, or unavailability of locally stored Content, however caused, except as Section 15.5 and the consumer-law statement at the start of Section 14 provide, including as a result of software defects, upgrades, downgrades, storage failure, migration between data formats, or your own actions. Where a version of the Software changes a data format, it may discard, migrate, or decline to read data written by another version, and we do not warrant that any such migration will preserve all data.

6.6a Recordings

Audio recordings you make with the Software are Content. A recording is kept only if you choose to keep it, for example by ticking Keep the audio when you save, and it is kept in the Software's own storage on your device, which does not sync. In a version of the Software that offers it, the Software then also tries to copy each recording you keep, as files, to a folder outside its own storage: a folder for takes in your library folder, if you use one, or another folder you choose. Copying does not remove the Software's own copy. The copy may be made later or not at all, and it is not a backup service (Section 8.2). Section 6.1a applies to that folder: a sync or backup service you use for it may copy recordings to its servers and to your other devices, and other apps and people with access to it can open, copy, change, move or delete recordings there. We are not responsible for what other apps, people with access to that folder or such a service do with recordings there. You are responsible for any agreement the law where you are requires from people heard on a recording, including before it is copied to a folder that others can open or that syncs. Some earlier versions of the Software on a computer kept recordings unless you unticked that box. Until it is kept, a recording is temporary. In a version of the Software that offers recovery, the Software tries to keep a recovery copy of up to the first 20 minutes on your device while you record, which may lack the last few seconds, so that leaving it, a call or other interruption, or the Software stopping unexpectedly need not lose the recording; it deletes that copy when you save the song or confirm that you want to discard the recording, and offers to recover it the next time it opens. In other versions, a recording is deleted if you start again or leave it, or if a call or other interruption stops it. In any version, a recording can still be lost, for example if you discard it, if the device fails or runs out of space, if its recovery copy cannot be written or read, or if you clear the Software's data or uninstall it, and a copy in a folder outside the Software's own storage can be lost or changed if a sync service, another app or a person moves, replaces, removes or deletes it. A kept recording can be included in a library backup only if you turn on the settings for it, and may not be in your device's own backups (on a phone or tablet it usually is not; a backup of a computer's home folder may include it); a copy in a folder outside the Software's own storage is backed up as that folder is. If your version of the Software offers it, you can also share or export a kept recording as a file. Deleting a recording or its song, or removing the Software, can permanently remove the recording from the Software's own storage; on a computer, kept recordings may remain after you remove the Software until you delete them. A copy in a folder outside the Software's own storage may remain after you delete the recording or its song, reset practice data or remove the Software, until you delete it there; when you delete a recording, the Software tries to delete that copy too, unless the copy has changed. How the Software handles recordings may change between versions. If a recording matters to you, keep your own copy, for example by including kept takes in a library backup, exporting the recording if your version offers it, or recording on another device too, and do not rely on the Software as the only copy of a performance you cannot repeat. Sections 6.6, 8.2, 14 and 15 apply to recordings. This Section applies to recordings lost after you accept this version of this Agreement.

6.7 Copyright complaints and repeat infringers

Apart from your Account and licensing records (including device names you choose), which we do not publish or show to other users, Teams (Section 7.4) and, where the Software offers it, Audience requests (Section 7.5) are the services of ours that store what users enter. Teams stores the names of a team, its roles, events and event templates, event times and, where the Software offers it, places, the name of the setlist attached to an event and which members may see it, members' names, labels, and email addresses, the dates members mark unavailable, join requests, and answers to assignments, and, for team notifications, a list of the changes that concern each member and the push tokens of iPhones and iPads that turned them on, together with the public device keys used for private items, the email address of anyone who signs in to it, and a record of changes; the Privacy Policy lists all of it. It shows that text to the team and, where a member turns on calendar sync, to anyone with that member's calendar link, including the calendar service it is added to. Audience requests stores the titles and artists of the songs an Account holder puts on a request list, shows them to anyone with the list's link, and stores which song was asked for and when, until the list ends. Neither stores or carries charts, lyrics, files, or the songs in a setlist; those stay in your folder (Section 6.1a) or go device to device (Section 6.1b). This section applies to every service of ours that stores what users enter or shows it to others. Our designated agent to receive notices of claimed copyright infringement under 17 U.S.C. § 512 is: Copyright Agent, Setliner, LLC, 12042 SE Sunnyside Rd, Unit #2160, Clackamas, OR 97015; email support@setliner.com; telephone 971-236-1251. Before we add any service that stores or carries charts, lyrics, or other files, we will update this section.

A notice of claimed infringement must comply with 17 U.S.C. § 512(c)(3) and be sent to that agent. On receipt of a compliant notice we will expeditiously remove the material from our servers or disable access to it, and will promptly take reasonable steps to notify the user who posted it. That user may submit a counter-notification under 17 U.S.C. § 512(g)(3) to the same address; if they do, we will forward it to the person who sent the original notice and will restore the material not less than 10 nor more than 14 business days after we receive the counter-notification, unless that person first notifies us that they have filed an action seeking a court order against the user. It is our policy to terminate, in appropriate circumstances, the Accounts of users who are repeat infringers. Knowingly making a material misrepresentation in a notice or counter-notification carries liability under 17 U.S.C. § 512(f).

7. Accounts

7.1 Registration

Trials, activating a Paid Feature on a device, and Teams require an Account, except that in the iPhone and iPad app you may take a trial from the App Store, and buy or restore a purchase, without one (Section 5.9). A purchase made there without an Account unlocks only in the iPhone and iPad app, on devices that use the same Apple Account, until you sign in; signing in then adds it to your Account, unless it is already attached to another Account. An Account is identified by an email address that you verify by a code or link we send to it; we do not currently require a password, and signing in on a new device means proving you can read that mailbox. Once you verify on a device, the app stays signed in there for up to 30 days or until you log out, and anyone using that device while it is signed in can act on your Account from it, so log out before you share, sell or give away a device. You agree to provide accurate, current, and complete information, and to keep it updated.

7.2 Security

You are responsible for safeguarding access to the email address on your Account and any credential we issue, and for activity under your Account by you and by anyone you have allowed to access it. You are not responsible for activity that results from our own failure to secure the Account or from a breach on our side. Notify us promptly at support@setliner.com of any unauthorized use or suspected breach, and we will suspend the Account's credentials on request. We are not liable for any loss arising from unauthorized use of your Account except to the extent caused by our own breach of this Agreement or of our obligations under applicable law.

7.3 One account per user

Accounts are personal to the individual or organization that registers them and may not be shared, sold, or transferred without our written consent.

7.4 Teams

Where the Software offers Teams, an Account holder who holds a team bundle, or who may run a free team under this Section, may create a team, admit other Account holders who ask to join it, either as full members or as viewers (members who can see the team's events and setlists but not change them), assign roles and events, and give the team access to setlists. The person who creates a team, and anyone they make an administrator, controls who is in it and what it can see; each member controls their own participation and may leave by asking the owner or an administrator to remove them, or by deleting their Account. What a member enters into a team is visible to the team's other members, as the Privacy Policy describes. Content shared with a team is shared under Section 6 by the person who shares it. The team's owner and each member who shares songs, lyrics, charts, or documents with the team is responsible for holding, or being covered by, the rights or licenses for them (for example the church's CCLI license), and every member and viewer is responsible under Section 6.2 for their own use of what they see. Teams is a Cloud Service. A team bundle is a one-time purchase of Paid Feature seats, priced as its seats at less per seat than the same unlock bought on its own, and the seats are governed by Sections 5.3 and 5.7 like any other one-time unlock. Teams is not sold separately and has no price of its own: it comes with a team bundle at no extra charge, or as a free team, for as long as we run it. We may change or end Teams as Section 8.1 describes, and ending it does not, by itself, reduce or revoke any seat. Only an adult may create a team or take one over. An Account holder who holds a license to a Paid Feature held in their own name, other than a trial, a seat given to them from someone else's team bundle, or a license that has been refunded or revoked, or an active trial of any Paid Feature other than a trial from the App Store (Section 5.9), may run one free team of up to five people, the owner and any viewers included. Teams, including free teams, is offered only outside the European Economic Area, the United Kingdom and Québec; the service refuses a free team to, and pauses a free team owned by, an Account holder who has declared a country there. A free team has no seats: its members get Teams and nothing else. A trial covers a free team only until the trial the team was started on ends; a later trial does not extend it. While the owner holds no such license and that trial has ended, while the owner has declared a country in the European Economic Area or the United Kingdom, or while the team has more than five people without a team bundle, the team takes no new members, and no event, assignment or event template can be added or changed; its members can still see and answer what they are assigned, the owner and administrators can still cancel assignments, remove events, decline requests and remove people, the owner can hand it over to someone who may run it under this Section or close it, nothing in it is deleted because of that, and it reopens when that is no longer so. If the owner holds a team bundle, the team is a team of that bundle while they do. A free team is not a purchase, is not part of what any license or trial sells, and has no price of its own; we may change its limits or end free teams as Section 8.1 describes. We do not remove anyone from a team because of a new limit; a team above it takes no new members, events or assignments until it is within it. If you create a team on behalf of an organization, Section 1.2 applies and the organization is responsible for its members' use.

Where the Software offers team notifications, they are off until you turn them on, on each device, and you can turn them off at any time. They are a convenience: on Android and computers the Software checks for changes only from time to time, on iPhone and iPad they are delivered by Apple's push service on its own terms, and any of them may arrive late or not at all. The team's schedule in the Software is the record of what you are assigned to; a notification does not replace checking it, and Section 15.1 applies to a notification that is late or missing. Notifications carry no advertising.

Where the Software offers unavailable dates, the dates you mark stop anyone on the team from assigning you, in the Software, to an event that starts on those days; the team's owner remains responsible for its schedule, and we are not responsible for arrangements made outside the Software. What you type into a team's free-text fields, such as an event's title or place, a role's name or a label, is Content you share with the team under Section 6 and is seen by everyone in the team who can see it: do not enter anything you are not entitled to share, such as a private person's home address or telephone number without their agreement, and do not use a place to track or locate anyone.

7.5 Audience requests

Where the Software offers Audience requests, an Account holder may start a request list: the Software sends us the titles and artists of the songs you choose, and we show them on a page on setliner.com that anyone with its link or QR code can open, without an Account or the Software, and use to ask for a song on the list. You see how many times each song was asked for, and when last, never who asked. The Software keeps a history of how many times each song was asked for on each list, with the day and the set it came from, in your library on your devices, and wherever your library folder syncs or is backed up, until you delete it; it stores no venue or place, and we do not receive it. The titles and artists are your Content (Section 6): offer only what you are entitled to show, and nothing private, offensive or unlawful, and do not put a price, tip, payment or donation request, a payment handle, a link or contact details in a title or artist. A request is only a request: you decide what to play, nothing is played, queued or ordered for you, and you owe nobody a song. Audience requests involves no payment: neither the page nor we take, hold or pass on money, tips or anything else of value for a request. People who use a request page are not asked to accept anything and are not bound by this Agreement. A list stays open until you end it or the time you set passes, at most 12 hours, and then its requests are deleted; the list and how many times each song was asked for are kept only until the Software has collected them, and in any case no more than 30 days, as the Privacy Policy describes. We may limit how many lists you run and how many requests a phone or network may send, and anyone may report a request page to support@setliner.com; we may close a list that breaks this Section, Section 4 or Section 6, and suspend an Account's use of Audience requests. Audience requests needs an Account, so it is offered only where Section 5.10 says. It is not sold separately, has no price of its own, and is not part of what any license or trial sells; we may change or end it as Section 8.1 describes, and no refund is owed for that.

8. Cloud services and synchronization

8.1 Availability

Cloud Services are provided as available. We do not warrant uninterrupted or error-free operation and may modify, suspend, or discontinue any Cloud Service, in whole or in part, at any time. If we permanently discontinue a Cloud Service you bought, we will use commercially reasonable efforts to give at least 60 days' notice, will refund the amount you paid for it (for an app store purchase, what we received after the store's commission, as Section 5.6 describes), pro-rated over 24 months from your purchase date, and will provide a means of exporting your Content before the service ends. A suspension of a Cloud Service you bought that lasts more than 60 consecutive days, other than for your breach or under Section 21.6, counts as a permanent discontinuance under this Section. Teams is not a Cloud Service you bought: it comes at no extra charge with a team bundle and, as a free team, with a license or trial (Section 7.4), so no refund is owed if we change or end it, or if a free team pauses under Section 7.4. A suspension of Teams lasting more than 60 consecutive days, other than for your breach or under Section 21.6, counts as ending it. If we end Teams, we will tell its members in the Software and each team's owner by email, using commercially reasonable efforts to give at least 90 days' notice and in any case as early as we reasonably can, and will use commercially reasonable efforts to provide a way for each team's owner to export the team's events, setlists, assignments and member list, in a commonly used file format, before it ends. The same notice and export apply if we end free teams while keeping Teams for team bundles. Ending Teams does not, by itself, reduce or revoke any seat: seats already given out stay with the people who hold them, subject to Sections 3.1, 3.2 and 17.3, and keep working as purchased functionality under Section 5.7, and we will use commercially reasonable efforts to provide a way for the owner to give out, and move under Section 3.2, the seats not yet given out. If the law, a court or government order, a third party's legal rights (such as an intellectual-property claim), an app store's or platform's rules, or a serious security risk requires us to discontinue or change a Cloud Service you bought, or Teams, sooner, we will give as much notice as is reasonably practicable, which may be none; the refund and export for a Cloud Service you bought, and the owner export for Teams where it is practicable, still apply.

8.2 Not a backup service

Cloud sync is a convenience feature, not a backup or archival service. Synchronization propagates changes, including deletions and overwrites, between your devices. You remain responsible under Section 6.6 for maintaining independent backups.

8.3 License to operate the service

Solely to provide the Cloud Services you request, you grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, encode, reformat, and display your Content, and to make derivative copies to the extent technically necessary for storage, transmission, indexing, conflict resolution, and backup. This license exists only to run the service. It does not permit us to make your Content public, sell it, license it to third parties, or use it to promote our products, and it terminates when you delete the Content or your Account, subject to reasonable retention in routine backups for a limited period and to any retention required by law.

We will access the substance of your Content only where reasonably necessary to: (a) provide technical support you have requested; (b) investigate a suspected violation of Section 4 or Section 6, or a notice received under Section 6.7; (c) maintain the security and integrity of the Cloud Services; or (d) comply with a legally binding request from a court or governmental authority. Where the law permits and it is practicable, we will notify you before disclosing your Content in response to such a request.

8.4 Storage limits and inactivity

We may impose reasonable limits on storage, bandwidth, file size, and request volume. We may delete Content associated with an Account that has been continuously inactive, or delinquent in payment, for more than 540 days, provided that we have first sent notice to the email address on file and allowed at least 30 further days for you to respond or export your Content.

8.5 Data export and deletion

You may export your Content from the Software at any time in the formats the Software supports. On termination, you may request deletion of your Content from the Cloud Services, and we will delete it within a commercially reasonable period, excluding copies retained in routine backups and copies we are required to retain by law.

8.6 No obligation to monitor shared content

We have no obligation to monitor, pre-screen, or review Content you share with others through the Software — whether through a shared setlist, a linked-device session as described in Section 6.1b, a shared folder as described in Section 6.1a, or any Cloud Service — and we do not do so as a matter of course. If we become aware of Content that appears to violate this Agreement or the law, we may remove or disable access to it, or suspend the Account responsible, in accordance with Sections 6.7 and 17.3, but doing so in a given instance does not create an ongoing obligation to review other Content.

9. AI features

9.1 Nature of AI features

Where we offer AI Features, they may be powered in whole or in part by third-party artificial intelligence providers. To provide them, the content you submit to an AI Feature (a "Prompt") may be transmitted to and processed by those providers.

9.2 Output is not reliable

AI-generated output (an "Output") is probabilistic and may be inaccurate, incomplete, musically or theologically wrong, offensive, or infringing. You must review, verify, and take responsibility for every Output before relying on it, and you must not treat any Output as professional, legal, licensing, or copyright advice. In particular, no Output constitutes a determination that any use of any musical work is licensed, permitted, in the public domain, or fair use. (Section 6.2 states this same principle for the Software generally, not only for AI Features.)

9.3 Your responsibility for prompts

You represent that you have all rights necessary to submit your Prompts to AI Features and to have them processed as described. Do not submit Content you are contractually or legally barred from disclosing to a third-party processor, including material whose license from a Licensing Body or subscription service restricts redistribution or machine processing.

9.4 Ownership and rights in output

As between you and us, and to the extent permitted by law and by the terms of the applicable AI provider, you own the Outputs generated from your Prompts. You acknowledge that Outputs may not be eligible for copyright protection, and that similar or identical Outputs may be generated for other users.

9.5 No training on your content

We do not use your Content, your Prompts, or the resulting Outputs to train, fine-tune, or otherwise develop any machine learning model, whether ours or a third party's. We do not collect Content from your devices, your folders, linked-device sessions, or Teams to train any model, and we do not scrape it. We never give your Content, your Prompts, or your Outputs to anyone else to train, fine-tune, or develop their own models. We require the same commitment from the AI providers we use, and we will not engage an AI provider for the AI Features unless it contractually agrees not to train on data we submit. We may use aggregated, de-identified operational metrics — such as counts, error rates, and latency — that do not include the substance of your Content, to monitor and improve the Software.

9.6 Fair use and abuse

AI Features may be subject to rate limits, usage caps, or fair-use policies. We may suspend access to AI Features for excessive or abusive use, or where a third-party provider terminates or restricts our access.

10. Third-party services, content, and components

10.1 Third-party services

The Software may allow you to connect to, import from, or export to Third-Party Services. Your use of a Third-Party Service is governed by that provider's own terms and privacy policy, not this Agreement. We do not control Third-Party Services, do not endorse them, and are not responsible for their availability, accuracy, security, pricing, changes, or discontinuation. Connecting a Third-Party Service may require you to hold a separate account or license with that provider, and you must comply with its terms — including any restriction on extracting, caching, converting, or redistributing material obtained through it.

10.2 Open source components

The Software includes third-party open source components licensed under their own terms. Those terms are set out in the third-party notices published at https://setliner.com/third-party-notices/ and, where a component's license requires it, in the notices accompanying the Software; to the extent an open source license conflicts with this Agreement with respect to that component, the open source license governs that component.

10.3 Platform and app store terms

Where you obtain the Software through a platform app store - currently the Apple App Store, Google Play, or the Microsoft Store - that platform's terms apply in addition to this Agreement, and the applicable subsection of Schedule A - Platform Store Addenda, below, is incorporated by reference. To the extent that subsection conflicts with this Agreement, the subsection governs for that platform. Obtaining the Software directly from setliner.com is not obtaining it through a platform app store, and no store addendum applies to a directly obtained copy. Each platform operator named in Schedule A is a third-party beneficiary of this Agreement as it applies to your use of the Software obtained from that platform, and may enforce it against you.

10.4 Third-party hardware

The Software may support input from, and messages sent to, third-party hardware you connect or pair yourself, such as a Bluetooth foot pedal or page-turner that presents itself to your device as a keyboard, or a MIDI device such as a keyboard, effects unit, mixer or MIDI pedal. Messages the Software sends to your equipment, including program changes and mixer scene or preset recalls, take effect on that equipment as it is configured; you are responsible for choosing what is sent and testing it before a live performance or service. We do not warrant that any particular hardware device is compatible with the Software, will be detected, will pair or stay paired reliably, or will respond with any particular latency. Hardware behavior depends on that device's own firmware, drivers, and Bluetooth stack, none of which we control. If a hardware issue affects you during a live performance or service, Section 15.1's exclusion of consequential damages — including for business or event disruption — applies in full.

10.5 Payment links and tips

Where the Software offers tips, it can show a QR code for a payment link you enter for yourself (such as PayPal.me, Venmo or Cash App) and keep your own log of tips. Setliner, LLC does not process, receive, hold or transmit any payment, is not a party to any payment, and takes no fee. A payment made through your link is between the person paying and you, under your payment provider's terms and policies, and whether your provider allows payments to your account for performances is for you to check. You are responsible for any tax on what you receive, and the tip log is your own record, not a tax or accounting record. The tip features are for tips to performers; do not use them to collect donations, offerings or money for a charity, cause or fundraiser.

11. Privacy and data

Our collection and use of personal information is described in our Privacy Policy at https://setliner.com/privacy, which is incorporated into this Agreement by reference. Where applicable law requires your consent for a particular collection or use, we will obtain it before that collection or use begins; where the law instead gives you a right to opt out of a particular use, we will provide that opt-out; and otherwise we process personal information on the bases described in the Privacy Policy. Where you create a team in Teams, or use any other feature through which we receive personal information of others, you or the organization on whose behalf you act are the controller of that information and we process it on your behalf. What stays on your devices never reaches us and is outside that arrangement, and our own account, licensing and billing records remain ours as controller. You or the organization are responsible for having a lawful basis to enter it, and our Data Processing Addendum at https://setliner.com/dpa/ forms part of this Agreement for every team owner and applies from the moment the information is first processed, without any request or signature.

The Software does not send us diagnostic, crash, or usage information on its own. It keeps a short debug log on your device that you may save and send to us yourself if you want help with a problem. The desktop Software's automatic update check (Section 13.1), the licensing checks described in Section 5.8, and, while you are signed in to an Account, the Software's checks with our Teams service (when its setlist list opens and every five minutes while it stays open, a check of your teams for join requests and new answers in the teams you run, which runs only after you have created or joined a team on that device; and, if you turned on private items, a check when the Software opens for any of your devices about to lose its key, and when you open a team's private items, to keep this device's key current), and, where the Software offers Audience requests, its regular check with our request service (at present about every 15 seconds) while a request list you started is open in it, are the only communications with us the Software makes on its own, and the Privacy Policy describes what each one reveals. If a future version collects anything more, the Privacy Policy will describe it before that version's collection takes effect and, where required by law, we will ask you first.

12. Feedback

12.1 Feedback

If you send us suggestions, ideas, bug reports, or other feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate that Feedback into our products without obligation, attribution, or compensation to you. You represent that you have the right to provide the Feedback on these terms. Feedback is not confidential. Feedback does not include any Content, personal information, credential, or debug log or other diagnostic material you attach to a report: we use those only to investigate the report, they remain yours, and the Privacy Policy governs them. That includes a training-examples file or a take's sound that you email us: we use it only to look into what you reported, which can include playing it through the Software to reproduce the problem, and we never add it to a test set or use it to tune or train anything.

12.2 Intentionally omitted

This section is intentionally omitted.

13. Updates, beta features, and support

13.1 Updates

We may provide updates, patches, and new versions. The desktop Software checks for updates automatically by default; you may turn automatic checking off, or check manually, in its settings, and an update is downloaded and installed only after you approve it. On mobile platforms, updates are delivered through the app store. Updates are subject to this Agreement unless accompanied by a separate license. We are not obligated to provide any update, to support any prior version, or to provide an installer for a prior version.

13.2 Pre-release and beta features

Functionality identified as alpha, beta, preview, experimental, or "awaiting testing" is provided AS IS for evaluation, may be unstable or discontinued without notice, may cause data loss, and is excluded from any warranty, service commitment, or support obligation. Do not use pre-release functionality for anything you cannot afford to lose. Unreleased features, and any non-public information about them, are our confidential information; you will not disclose them publicly without our prior written consent, except that this does not restrict your feedback to us, disclosure required by law, or your review, rating, or other assessment of any version of the Software you have used, except that it may not disclose our trade secrets or non-public information about unreleased features beyond describing your own experience of using them.

13.3 Support

Support, if any, is provided at our discretion through support@setliner.com. Nothing in this Agreement obligates us to provide support, maintenance, bug fixes, or a response within any timeframe unless stated in a separate written support agreement.

14. Disclaimer of warranties

If you are a consumer in Australia, the goods and services we supply to you come with guarantees that cannot be excluded under the Australian Consumer Law, and Sections 6.6, 6.6a, 14 and 15 do not exclude, restrict or modify them. If you are a consumer in New Zealand, those Sections do not limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

THE SOFTWARE, THE CLOUD SERVICES, AND ALL AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE UNINTERRUPTED, SECURELY, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SOFTWARE OR ITS DELIVERY MECHANISM IS FREE OF HARMFUL COMPONENTS; (D) ANY DATA, INCLUDING YOUR CONTENT, WILL BE PRESERVED, ACCURATE, OR RECOVERABLE; (E) ANY OUTPUT, TRANSPOSITION, CHORD ANALYSIS, KEY DETECTION, ARRANGEMENT, OR AI-GENERATED RESULT WILL BE MUSICALLY, HARMONICALLY, OR FACTUALLY CORRECT; (F) YOUR USE OF THE SOFTWARE WILL BE LAWFUL OR COMPLIANT WITH ANY COPYRIGHT LICENSE, LICENSING BODY REQUIREMENT, OR REPORTING OBLIGATION; OR (G) THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION DURING ANY PARTICULAR EVENT, REHEARSAL, OR LIVE PERFORMANCE, OR THAT ANY CONNECTED THIRD-PARTY HARDWARE (INCLUDING A FOOT PEDAL OR OTHER INPUT DEVICE UNDER SECTION 10.4) WILL RESPOND AS EXPECTED AT THE TIME YOU NEED IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law. For New Jersey, see Section 15.6.

15. Limitation of liability

If you are a consumer in Australia, the goods and services we supply to you come with guarantees that cannot be excluded under the Australian Consumer Law, and Sections 6.6, 6.6a, 14 and 15 do not exclude, restrict or modify them. If you are a consumer in New Zealand, those Sections do not limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

15.1 Exclusion of indirect damages. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, USE, OR DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. This exclusion specifically includes, without limitation, any loss or damage arising from the Software being unavailable, malfunctioning, or failing to respond during a rehearsal, service, or live performance — including a chart failing to load, the Software freezing or crashing, or a connected pedal or other input device (Section 10.4) not responding as expected — regardless of whether that event was foreseeable.

15.2 Cap on direct damages. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID FOR THE SOFTWARE, WHETHER TO US, TO OUR MERCHANT OF RECORD OR ANOTHER AUTHORIZED RESELLER, OR THROUGH AN APP STORE, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50. Refunds we expressly owe you under Sections 5.6, 5.7, 5.10, 8.1, and 19 are payable in addition to, and are not counted against, this cap.

15.3 Copyright and licensing claims specifically excluded. WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM, DEMAND, PENALTY, FINE, SETTLEMENT, ROYALTY, BACK-LICENSE FEE, STATUTORY DAMAGES AWARD, OR LEGAL COST ARISING FROM OR RELATING TO: (A) YOUR CONTENT; (B) YOUR FAILURE TO OBTAIN, MAINTAIN, PAY FOR, REPORT UNDER, OR COMPLY WITH ANY LICENSE FROM ANY LICENSING BODY, INCLUDING ANY CCLI LICENSE; (C) YOUR REPRODUCTION, PROJECTION, PRINTING, PERFORMANCE, ARRANGEMENT, TRANSPOSITION, RECORDING, STREAMING, OR DISTRIBUTION OF ANY MUSICAL WORK OR RECORDING; OR (D) YOUR BREACH OF THE TERMS OF ANY THIRD-PARTY SERVICE OR SUBSCRIPTION.

15.4 Basis of the bargain. You acknowledge that the disclaimers in Section 14 and the limitations in this Section 15 are an essential basis of the bargain between us, that we would not make the Software available on these terms without them, and that they apply even where the Software is provided to you free of charge.

15.5 Exceptions. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. We do not exclude or limit liability for our fraud or wilful misconduct, or for our gross negligence where applicable law does not allow that to be excluded, and the cap in Section 15.2 does not apply to that liability. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you. For New Jersey, see Section 15.6.

15.6 New Jersey. If you live in New Jersey, the exclusion of punitive damages in Section 15.1 does not apply to you (any punitive damages remain subject to N.J.S.A. 2A:15-5.9 to 2A:15-5.17), and the exclusions and limits in Sections 6.6, 6.6a, 14 and 15 do not apply to loss caused by our gross negligence or wilful misconduct. The rest of those Sections applies to you.

16. Indemnification

You will defend, indemnify, and hold harmless us and our officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all third-party claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, judgments, settlements, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

1. your Content, including any claim that it infringes or misappropriates any intellectual property or other right;
2. your failure to obtain, maintain, comply with, or report under any license required for your use of any musical work or recording, including any license from CCLI or any other Licensing Body;
3. your use of the Software in violation of law or of a third party's rights;
4. your breach of this Agreement or of any representation or warranty in it;
5. your breach of the terms of any Third-Party Service; and
6. any claim by another user, a member of your organization, or a third party that arises from your Content or from your breach of this Agreement.

Your obligations under this Section do not extend to the portion of any claim caused by our own breach of this Agreement, negligence, or willful misconduct. We will notify you promptly of any claim for which we seek indemnification; our failure to do so relieves you of your obligations only to the extent you are materially prejudiced by the delay. You will not settle any such claim in a way that imposes any obligation, payment, or admission on us without our prior written consent, and we will not settle a claim you are defending in a way that imposes an obligation, payment, or admission on you without your consent, which you will not unreasonably withhold. Defense costs you owe must be reasonable and not duplicative. We may participate in the defense with counsel of our choosing at our own expense, and may assume control of the defense at your expense only if you fail to defend the claim diligently, in which case you will cooperate with us.

17. Term, suspension, and termination

17.1 Term

This Agreement takes effect when you first install or use the Software and continues until terminated.

17.2 Termination by you

You may terminate at any time by ceasing all use of the Software and deleting all copies. Termination does not entitle you to any refund except as provided in Sections 5.6, 5.7, 5.10, 8.1, and 19.

17.3 Termination or suspension by us

We may suspend or terminate this Agreement, your Account, or your access to any part of the Software, immediately and without liability, if: (a) you materially breach this Agreement, including Sections 4 or 6; (b) we are required to do so by law or by a Third-Party Service, subject to Section 5.7, item 5, for a copy you already have; (c) your payment fails or is charged back, in which case the suspension or termination extends only to the functionality that payment relates to; or (d) we discontinue the Software or Cloud Services generally, in which case we will use commercially reasonable efforts to give reasonable advance notice, and Section 5.7 (items 4 and 5), Section 5.8, and Section 8.1 still apply. Where the breach is curable and the circumstances permit, we will give you notice and a reasonable opportunity to cure.

17.4 Effect of termination

On termination, all licenses granted to you end immediately, except any perpetual license under Section 5.3 that has not been revoked in accordance with Section 3.1, and you must cease using and delete all copies of the Software to which your license has ended. The following survive termination: Sections 2, 3.1 (as to perpetual licenses), 3.3, 4, 5.3, 5.6, 5.7, 5.8, 8.1, 19 (as to refunds owed), 6, 8.5, 9.4, 10.2, 11, 12, 14, 15, 16, 17.4, 18, 20, and 21, together with any payment obligation accrued before termination. Your locally stored Content remains on your device and is not affected by termination of this Agreement, though the Software may cease to function.

18. Compliance with laws, export, and government use

18.1 Export controls and sanctions

You may not use, export, or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which it was obtained. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), and that you are not identified on any U.S. Government restricted-party list, including OFAC's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons, Entity, or Unverified Lists.

18.2 U.S. Government end users

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. U.S. Government end users acquire only those rights set out in this Agreement.

19. Modifications to this Agreement

We may modify this Agreement from time to time. We will post the updated Agreement with a new version number and effective date, and changes take effect when it is published. For material changes we will give notice through the Software, and may also notify you by email to the address on file or on https://setliner.com; continuing to use the Software after that notice appears in it means you accept the change. The notice periods in Section 5.7 (items 2 and 4) and Section 8.1 still apply to the changes they cover. The Software asks you to accept each new version once and records on your device which version you accepted and when; the text of every version is kept at https://setliner.com/eula/archive, so the two together show what you accepted. A material change to Section 20 (dispute resolution), or one that reduces a perpetual right you hold under Sections 3.1, 5.3, or 5.7, applies to you only if you affirmatively accept it. If you decline, you may keep using a copy you already have of the version of the Software you last accepted terms for, under those terms, and a newer version of the Software requires acceptance of the terms it carries. We are not obligated to provide an installer for an earlier version (Section 13.1), and an app store (the Apple App Store, Google Play, or the Microsoft Store) updates the Software itself and does not let us offer an older version. If you declined a change while the terms you had accepted promised you that version's installer, we keep that promise. So if you decline and either your copy came from an app store or, when you decline, you no longer have a working copy of that version (an installed copy that runs, or an installer for it that you kept) and it is not available for download on https://setliner.com, your remedy is to stop using the Software and receive the refund (not a substitute) described in Section 5.7, item 4, for a Paid Feature you bought, or the refund in Section 8.1 for a Cloud Service, which comes through the store first and otherwise from us as Section 5.6 describes; you cannot have both that refund and continued use of the feature it covers. Previous versions remain available at https://setliner.com/eula/archive. If you do not agree to any other change, your remedy is to stop using the Software and, where a change materially and adversely affects a Paid Feature or Cloud Service you bought, to stop using it and receive the refund described in Section 5.7, item 4, for a Paid Feature or Section 8.1 for a Cloud Service.

20. Governing law and dispute resolution

20.1 Governing law

This Agreement is governed by the laws of the State of Oregon, United States, without regard to its conflict of laws rules, except that the arbitration provision in Section 20.3 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer resident in a jurisdiction whose mandatory local consumer-protection laws provide you with rights that cannot be excluded by contract, nothing in this Agreement limits those rights, and you may bring proceedings in your local courts where that law so requires.

20.2 Informal resolution first

Before commencing arbitration or litigation, the initiating party will send the other a written Notice of Dispute stating its name and contact address, describing the nature and basis of the claim, and specifying the relief sought. Yours goes to support@setliner.com; ours goes to the address associated with your Account. The parties will then attempt in good faith to resolve the dispute for sixty (60) days. This is a condition precedent to commencing arbitration or litigation, except for the claims described in Section 20.5. All applicable limitation periods, statutory and contractual, including the period in Section 20.8, are tolled while this process is pending.

20.3 Binding arbitration

Except for claims described in Section 20.5, any dispute arising out of or relating to this Agreement or the Software will be resolved by final and binding individual arbitration administered by AAA (American Arbitration Association), before one arbitrator, seated in Clackamas County, Oregon, or conducted by telephone, videoconference, or on documents at your election. A dispute with an individual is administered under the AAA Consumer Arbitration Rules and its Consumer Due Process Protocol; where the AAA's Mass Arbitration Supplementary Rules apply under their own terms (currently, 25 or more similar claims filed by the same or coordinated counsel), they and the AAA's mass arbitration fee schedule also apply, each case remains an individual arbitration, and we pay every fee those rules assign to us; a dispute with an organization that accepted this Agreement under Section 1.2 is administered under the AAA Commercial Arbitration Rules. Fees are allocated as those rules and AAA's consumer fee schedule provide, and we will pay every filing, administrative, and arbitrator fee those rules assign to us; where your claim is for less than USD 10,000 we will also reimburse your filing fee on request, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law. If AAA is unavailable or declines to administer the dispute for a reason other than our own failure to pay its fees or comply with its rules, the parties will agree on another established arbitration provider within thirty (30) days, failing which a court of competent jurisdiction will appoint one. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration provision, except that a court decides whether the class action waiver in Section 20.4 is enforceable.

20.4 Class action and jury trial waiver

YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Nothing in this Section waives any right you have under non-waivable law to seek public injunctive relief; a claim for such relief will be decided by a court, and is stayed until the arbitrator has resolved all individual claims unless the court determines that urgent relief cannot wait. If this Section 20.4 is found unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

20.5 Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property rights. Claims under this Section 20.5 are not subject to Sections 20.2 or 20.3.

20.6 Opt-out

You may opt out of Sections 20.3 and 20.4 by sending written notice to support@setliner.com within thirty (30) days of first accepting this Agreement, stating your name and intent to opt out. Opting out does not affect any other part of this Agreement.

20.7 Venue if arbitration does not apply

If arbitration is found not to apply, or if Section 20.3 is removed or you opt out of it, the state courts located in Clackamas County, Oregon, and the United States District Court for the District of Oregon, Portland Division, have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there, subject to the last sentence of Section 20.1.

20.8 Limitations period

Any claim arising out of or relating to this Agreement must be brought within two (2) years after it accrues, or it is permanently barred, except where a longer period is required by non-waivable law.

21. General

21.1 Entire agreement. This Agreement, together with the Privacy Policy, the point-of-purchase terms for any purchase you make, the third-party notices referenced in Section 10.2, any store addendum referenced in Section 10.3, and any separate written agreement between us, is the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings on that subject.

21.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full force.

21.3 No waiver. No failure or delay in exercising a right waives it, and no waiver is effective unless in writing.

21.4 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent; any attempted assignment is void. We may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets, on notice to you.

21.5 Independent contractors. Nothing creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

21.6 Force majeure. Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, except that this does not excuse any obligation to pay amounts due.

21.7 Notices. We may give notice by email to the address associated with your Account, by posting in the Software, or on https://setliner.com. A Notice of Dispute under Section 20.2 or an opt-out under Section 20.6 may instead be sent by email to support@setliner.com, and we will acknowledge it by email. For every other notice: You must give notice to 12042 SE Sunnyside Rd, Unit #2160, Clackamas, OR 97015.

21.8 Electronic communications. You consent to receive this Agreement, notices, disclosures, and other communications from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. You may withdraw this consent by ceasing use of the Software; we may be unable to continue providing it to you if you do.

21.9 Third-party beneficiaries. Our officers, directors, employees, contractors, agents, suppliers, merchant of record, third-party artificial intelligence providers, infrastructure hosts, and licensors are intended third-party beneficiaries of Sections 14, 15, and 16 and may enforce them. Platform operators are third-party beneficiaries as described in Section 10.3. There are no other third-party beneficiaries.

21.10 California users. Under Cal. Civ. Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21.11 Headings and summaries. Headings and the plain-English summary, and any translation of them, are for convenience only and do not affect interpretation. In the event of any inconsistency, the operative sections govern.

21.12 Language. This Agreement is written in English, and the English text is the Agreement, even where the Software's interface is shown in another language. Any translation of this Agreement or of any part of it, and any text about it in another language, including in the Software's interface, is provided for convenience only. Where we show you a summary of this Agreement or of the Privacy Policy in another language, it is a translation of the corresponding English summary: it is not part of this Agreement and does not change, add to or waive any of its terms. If a translation and the English text differ, the English text controls. Nothing in this Section limits rights that mandatory law gives you (Section 20.1).

21.13 Contact. Questions about this Agreement: support@setliner.com, Setliner, LLC, 12042 SE Sunnyside Rd, Unit #2160, Clackamas, OR 97015.

Schedule A — Platform Store Addenda

This Schedule applies only when you obtain the Software through the platform app store named in the applicable subsection below. It does not apply if you obtain the Software directly from setliner.com; no store addendum applies to a directly obtained copy.

A.1 Apple App Store

If you obtained the Software from the Apple App Store, this subsection applies in addition to the rest of this Agreement. It reflects, in our own words, the substance of the Minimum Terms of Developer's End User License Agreement that Apple requires any custom end-user license agreement covering an App Store application to include:

1. This Agreement is between you and us only, not Apple, and we, not Apple, are solely responsible for the Software and its content (which does not include Content you or others supply; see Section 6). Apple has no obligation whatsoever to furnish any maintenance or support service for the Software.
2. Subject to your compliance with the App Store's usage rules, we grant you a non-transferable license to use the Software on any Apple-branded product that you own or control, as permitted by those usage rules, including use under Family Sharing or volume purchasing where Apple makes that available.
3. As between you, us, and Apple, we - not Apple - are solely responsible for providing any maintenance and support for the Software, to the extent required under this Agreement or applicable law.
4. If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is governed by Sections 14 and 15 of this Agreement and is our responsibility, not Apple's.
5. As between you, us, and Apple, we - not Apple - are responsible for addressing any claim by you or a third party relating to the Software or your possession or use of it, including: (a) product liability claims; (b) any claim that the Software fails to conform to an applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar law.
6. As between you, us, and Apple, we - not Apple - are solely responsible for the investigation, defense, settlement, and discharge of any claim that the Software, or your possession and use of it, infringes a third party's intellectual property rights.
7. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Our name, address, and contact information for any questions, complaints, or claims regarding the Software are set out in Section 21.13, above.
9. When using the Software, you must comply with any applicable third-party agreement that could be affected by your use of it, such as your wireless data service agreement.
10. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement as it relates to the Software obtained through the Apple App Store, and, upon your acceptance of this Agreement, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it, consistent with Section 10.3 and Section 21.9's treatment of platform operators generally.

A.2 Google Play

If you obtained the Software from Google Play, this subsection applies in addition to the rest of this Agreement, reflecting current requirements under Google Play's Developer Distribution Agreement and Developer Program Policies for an app's own end-user terms:

1. This Agreement governs your use of the Software. It is separate from, and does not modify, the Google Play Terms of Service that govern your relationship with Google as a Google Play user, including the purchase transaction itself, which Section 5.5 already addresses.
2. Our compliance obligations to Google under Google's Developer Distribution Agreement and Developer Program Policies run to Google, not to you, and nothing in those obligations expands any right you have under this Agreement.
3. If the Software allows you to create or share content with other users - for example, a shared setlist, a team as described in Section 7.4, a linked-device session as described in Section 6.1b, a shared folder as described in Section 6.1a, or an audience request list as described in Section 7.5 - Sections 4 and 6 of this Agreement are the terms governing that content, and you agree to them before creating or sharing any such content through the Software.
4. Google is a third-party beneficiary of this Agreement as it relates to the Software obtained through Google Play, consistent with Section 10.3 and Section 21.9's treatment of platform operators generally, and may enforce it against you on that basis.

A.3 Microsoft Store

If you obtained the Software from the Microsoft Store, this subsection applies in addition to the rest of this Agreement, reflecting current requirements under the Microsoft Store Policies for an app's own privacy and user terms:

1. Our Privacy Policy, referenced in Section 11, satisfies the Microsoft Store Policies' requirement that any product accessing, collecting, or transmitting personal information maintain a privacy policy.
2. This Agreement is separate from, and does not modify, Microsoft's own Store terms of sale and related policies governing your relationship with Microsoft as a Microsoft Store customer, including the purchase transaction itself, which Section 5.5 already addresses.
3. The Software does not display third-party advertising. The user content it shows to other users is what members enter in Teams (Section 7.4), shown only to that team, and, where it offers Audience requests, the song titles and artists an Account holder puts on a request list, shown on a page on setliner.com to anyone with its link (Section 7.5); Sections 4, 6, 7.4 and 7.5 of this Agreement are the terms for it, and if that changes, we will update this Schedule accordingly.
4. Microsoft is a third-party beneficiary of this Agreement as it relates to the Software obtained through the Microsoft Store, consistent with Section 10.3 and Section 21.9's treatment of platform operators generally, and may enforce it against you on that basis.

Setliner is a product of Setliner, LLC. CCLI®, SongSelect®, OneLicense, Christian Copyright Solutions, MultiTracks.com, ASCAP, BMI, SESAC, GMR, and PRS for Music are trademarks of their respective owners and are referenced here for identification only.