Fonica Terms of use

1. Eligibility and account registration

The Service is not intended for children under 16 years of age. You may not use the Service if you are under 16. By accessing or using the Service, you represent and warrant that you are at least 16 years old and are otherwise legally able to enter into these Terms. If we reasonably believe that an account is held or used by a person under 16, we may suspend or terminate that account and remove associated content, subject to applicable law. We do not knowingly collect personal information from children under 16, and if we learn that we have done so, we will take reasonable steps to delete that information as soon as practicable.

You agree to provide accurate, complete, and current information when registering and to update this information as needed.

We may allow you to create an account or sign in using a third-party service, such as a social platform, email or music service. If you choose to do so, you authorize us to receive from that third party the account information, authentication confirmations, and other data that the third party makes available to us in accordance with your settings and that third party’s terms.

You represent and warrant that you are entitled to use that third-party account in this way and to permit us to rely on the information provided through it. We are not responsible for the acts or omissions of any third-party login provider, for any restrictions imposed by it, or for any loss of access, data, or functionality caused by your third-party account being suspended, changed, or made unavailable.

Your relationship with any third-party service is governed by your separate agreement with that provider. We do not control and are not responsible for that provider’s systems, security, or privacy practices. If information from a linked account is inaccurate, incomplete, unavailable, or later withdrawn by the provider, we may be unable to provide some features of the Service.

You are responsible for maintaining valid contact details on your account. If messages we send to your registered email address are returned as undeliverable, or we are otherwise unable to contact you about your account, we may suspend or terminate the account after reasonable steps to verify the issue.

You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorized use.

We reserve the right to refuse, suspend, or reclaim usernames that misappropriate another’s identity, infringe rights, or are otherwise inappropriate.

Where the app does not require significant account-based features, you may access certain features without creating an account (e.g., browsing public content).

You may delete your account from within the app (Settings > Account > Delete Account) or by contacting us. We will honor deletion requests consistent with law and our Privacy Policy.

2. Accessibility

We are committed to making the Service reasonably accessible to users with disabilities, consistent with applicable laws. If you experience barriers, please contact us at info@fonica.io so we can assist.

3. Use of the Service

You may use the Service only in accordance with these Terms and applicable law.

If you decline a permission (e.g., location, contacts, tracking), we will offer reasonable alternatives (manual entry or reduced functionality) where feasible. Paid functionality will not be conditional on unrelated permissions.

On Apple platforms, any activity constituting “tracking” is subject to Apple’s App Tracking Transparency framework, and we will not proceed without your consent.

Personal users

If you are using the Service as a fan, reviewer, or general community member, you may use the Service for personal and non-commercial purposes only.

Artists, labels, and authorized commercial accounts

We allow certain accounts, such as artists, bands, record labels, rights holders, and verified brands, to use the Service for commercial purposes, including promotion, fan engagement, and marketing of music-related products, services, or events. Such accounts must follow all community guidelines and advertising standards, not mislead users, spam, or engage in deceptive practices, and use only features and tools we make available for commercial use.

We reserve the right to determine which accounts qualify as commercial accounts and may require verification.

Prohibited uses

Unless expressly authorized by us, you may not:

• Resell, rent, lease, sublicense, or otherwise commercially exploit the Service or its content;
• Use automated tools (such as bots, scrapers, or spiders) to extract or reuse data;
• Frame, mirror, or replicate substantial portions of the Service in another product or service;
• Misrepresent your affiliation with any person or entity;
• Use the Service to advertise or promote unrelated goods or services without our consent;
• Interfere with the normal operation of the Service or the enjoyment of other users;
• Attempt to re-identify users from de-identified data, create cross-app profiles from Apple-provided APIs, or collect information about apps installed on a user’s device for advertising/analytics; or
• Harvest contacts or photos to build a contact database or to message others without the user’s individualized initiation; no “Select All” defaults are permitted.

We may suspend, restrict, or terminate accounts at our discretion if they misuse the Service, violate these Terms, applicable law, or where we otherwise determine moderation or removal is appropriate to protect the integrity of the platform.

4. Commercial account rules

If you are an artist, band, label, or other rights holder using the Service for promotional or commercial purposes, the following additional rules apply:

Accuracy and transparency

You must provide accurate, up-to-date information about your identity, releases, and events. Sponsored or promotional content must be clearly disclosed as such where required by law.

No misrepresentation

You may not falsely claim association with another artist, label, or brand. You may not impersonate fans, reviewers, or critics.

Respectful promotion

Marketing activity must comply with our Community Guidelines (no harassment, hate speech, or harmful communications). Mass posting, spamming, or repeated unsolicited messaging is prohibited.

Content rights

You must hold the necessary rights (or permissions) for all music, images, videos, or promotional material you upload. You may not upload infringing, pirated, or unauthorized content.

Fan interaction

You may engage with fans and respond to reviews, but you may not pressure or incentivize users to leave positive reviews. Coordinated efforts to manipulate rankings, ratings, or consensus are prohibited.

Compliance with law

You are responsible for complying with advertising, consumer protection, and promotion laws in the regions where your content is available. If your activity requires specific disclosures (for example, ticket resale terms, prize draw conditions, or influencer endorsements), you must include them.

Termination for misuse

If you misuse your commercial account or breach these Terms, we may suspend or terminate your access. We may also revoke “commercial account” status if you no longer meet our requirements.

API use

If we make APIs or developer tools available, they may only be used in accordance with separate API Terms that we prescribe. You may not copy, cache, or create derivative databases from Service content without permission.

API clients may not use Service data to track users across apps or build contact databases. Re-identifying de-identified data or engaging in tracking without required consents is prohibited.

5. Community guidelines

Fonica is a place for music discovery and respectful dialogue. By using the Service, you agree to:

• Share reviews, ratings, and reactions that are authentic and not misleading.
• Respect others’ opinions, even when you disagree.
• Not incite hate, violence, discrimination, or intolerance based on race, ethnicity, gender, religion, sexual orientation, disability, or other protected status.
• Not engage in manipulative behavior such as coordinated review-bombing, artificial boosting of content, or creating multiple accounts for deceptive purposes.
• Not harass, bully, or encourage harmful digital communications.

We may consider both on- and off-platform behavior when moderating accounts.

Reviews, scores, ratings, or aggregated statistics on the Service are generated from user or critic submissions and are provided for informational and entertainment purposes only. They do not constitute endorsements, guarantees, or factual statements by us.

On Apple platforms, we solicit reviews only through Apple’s official in-app review API. We do not use custom review prompts. Responses to App Store reviews will not contain personal information, spam, or marketing.

6. User content

You may contribute reviews, ratings, playlists, comments, and other materials (User Content).

You are solely responsible for the User Content you post or submit. By posting or submitting User Content, you represent and warrant that:

• you own that User Content or have all rights, licences, consents, and permissions necessary to post it and to grant the rights to us described in these Terms;
• the posting, hosting, display, use, and other exercise of rights in that User Content as contemplated by these Terms will not infringe, misappropriate, or otherwise violate any copyright, trade mark, privacy right, publicity right, contractual restriction, confidentiality obligation, or other right of any person;
• your User Content is not unlawful, misleading, defamatory, fraudulent, or deceptive, and does not include material that you are not entitled to disclose;
• where required, you have obtained all necessary consents from any person identifiable in the User Content; and
• if any royalties, fees, or other amounts are payable to any third party in connection with your User Content or our exercise of the rights you grant under these Terms, you are solely responsible for those amounts unless we expressly agree otherwise in writing.

You retain ownership of any intellectual property rights that you hold in your User Content. By posting or submitting User Content to the Service, you grant us a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute your User Content.

This license is for the limited purpose of operating, promoting, and improving the Service, and to develop new features. This license continues even if you stop using our Service (for example, a review you posted remains visible). This is necessary to maintain the integrity of community discussions and content archives. This license does not affect your rights under applicable data protection laws as described in our Privacy Policy.

You acknowledge that content you choose to post to the Service may be displayed, excerpted, reformatted, ranked, tagged, moderated, promoted, or contextualized together with other content and features of the Service. To the maximum extent permitted by law, you waive any right to require prior review or approval of the way your User Content is displayed or used within the scope of the licence granted under these Terms.

To the extent permitted by applicable law, you also waive any moral rights, performers’ rights, or similar rights in your User Content that would prevent us or our sublicensees from making the uses of that content permitted by these Terms, provided that nothing in these Terms requires you to waive rights that cannot lawfully be waived.

Where your User Content includes your name, handle, profile image, likeness, or other identifying elements that you choose to associate with that content on the Service, you authorize us to use those elements in connection with displaying, attributing, promoting, and archiving that User Content within the Service and in communications about the Service.

7. Content reporting

If you encounter illegal, harmful, or abusive content, you may report it to copyright@fonica.io. We will review reports promptly and take appropriate action, which may include removal of content, restriction of accounts, or referral to law enforcement. We will provide feedback on the outcome of reports where feasible.

We also restrict or suspend accounts that repeatedly share harmful or unlawful material in violation of these Terms. Reports of alleged copyright infringement must follow the process set out in the copyright complaints section below.

Where a regulator or authorized body has been granted trusted flagger status under applicable law, we will give priority to their notices and handle them on an expedited basis.

If we remove or restrict access to your content following a report, we will notify you (unless legally prohibited) and provide the reasons for our action. You may appeal the decision by submitting a counter-notice or appeal request to copyright@fonica.io within 14 days of receiving the notification. Appeals will be reviewed promptly and impartially, and if your appeal is upheld, the content may be reinstated.

8. Intellectual Property

The Service and its contents are protected by intellectual property laws. We distinguish between three types of content:

• Our intellectual property. The Service, including its design, text, graphics, software, code, and our original editorial content, along with our name and logos, are the exclusive property of us and our licensors. Except as expressly permitted in writing, you may not copy, distribute, modify, or create derivative works from our content without our prior written permission.
• Your content. You retain ownership of the User Content you create. Your licensing of this content to us is governed by these Terms.
• Third-party content. The Service displays content that is not owned by us. This includes, but is not limited to, album artwork, artist names, track listings, critic reviews, and other metadata. This content is the property of its respective rights holders and is used on the Service for purposes of identification, review, and commentary. Your use of the Service does not grant you any rights to use this third-party content beyond the scope of the Service itself. The Service does not allow saving, converting, or downloading media from third-party sources (e.g., Apple Music, YouTube) without explicit authorization.

In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

The Service may include software, libraries, or other components made available under open source or similar licences. Those components are licensed to you under the terms of the applicable open source licence, not solely under these Terms. Where an applicable open source licence grants you rights that are broader than the rights granted under these Terms, the open source licence will govern to that extent in relation to the relevant component only. Nothing in these Terms limits your rights under any applicable open source licence.

If you send us ideas, suggestions, comments, bug reports, feature requests, or other feedback about the Service, you agree that we may use, evaluate, disclose, reproduce, adapt, and otherwise act on that feedback without restriction and without any obligation to you, unless we expressly agree otherwise in writing. This does not transfer ownership of your existing intellectual property rights in material you independently create, but it does mean we may use the feedback for the purpose of operating, improving, and developing our products and services. Please do not send us confidential information unless we have expressly requested it under separate terms.

9. Subscriptions and consumer rights

Some features may require a paid subscription. Fees, billing cycles, and refund policies will be disclosed at the time of purchase. Unless otherwise stated, subscriptions automatically renew unless cancelled before the end of the billing period. Depending on your jurisdiction, you may have statutory cooling-off rights that give you the ability to cancel within a certain period after purchase. Nothing in these Terms limits your non-waivable consumer rights under applicable consumer laws. Refunds are granted only as required by law or at our discretion.

Purchases in iOS apps use Apple In-App Purchase (IAP). You can manage or cancel your subscription via App Store > Account > Subscriptions. Refunds for in-app purchases are handled by Apple. Paid features are not conditioned on granting unrelated permissions (such as tracking, push, or location).

10. Third-party services

The Service may include links to, integrations with, or content supplied by third-party websites, applications, platforms, music services, identity providers, payment processors, or other services. Those third parties operate independently from us, and we do not control and are not responsible for their availability, security, content, terms, policies, acts, omissions, or business practices.

Your use of any third-party service is at your own risk and may be subject to additional terms, conditions, and privacy policies imposed by that third party. You are responsible for complying with those third-party terms.

We may display information, metadata, artwork, reviews, links, or other materials originating from third parties for identification, commentary, discovery, interoperability, or convenience. We do not guarantee that any third-party materials are accurate, complete, current, lawful, or available.

If you link a social, music, or other third-party account to the Service, you may revoke that connection using the tools we make available, but revocation may limit or disable certain features. We are not liable for any loss, interruption, or unavailability arising from a third party’s systems, policies, outages, access restrictions, API changes, or removal of content or permissions.

Any dispute, claim, or issue you have with a third-party service or another user is solely between you and that third party or user, except to the extent applicable law provides otherwise.

11. Copyright complaints

We respect intellectual property rights. If you believe content on the Service infringes your rights, please contact our designated copyright agent with a written notice that includes your contact information, a description of the copyrighted work and where it appears on the Service, a statement of good faith belief that the use is unauthorized, a statement made under penalty of perjury that you are the rights holder or authorized to act on their behalf, and your signature.

If you are located in the United States or submitting a claim under US law, please note that we comply with the safe-harbor provisions of the Digital Millennium Copyright Act (17 U.S.C. §512) (DMCA). To qualify for these protections, we have designated a copyright agent with the US Copyright Office: Copyright Agent, Fonica Limited, Level 34/23 Albert Street, Auckland 1010, New Zealand; copyright@fonica.io; +642102915468 (Registered with the US Copyright Office). For notices outside the United States, please use the same contact information. We will process complaints in accordance with applicable local copyright and e-commerce laws, including available notice-and-takedown safe harbors.

We operate a repeat infringer policy consistent with applicable copyright laws, including the DMCA. In appropriate circumstances, we will terminate or restrict user accounts that are the subject of multiple valid copyright infringement notices. Our standard approach is to disable or terminate accounts after three valid infringement notices within a 12-month period, but we reserve discretion to act sooner where the circumstances justify it.

If we remove or restrict access to your content following a copyright complaint, we will notify you (unless legally prohibited) and provide the reasons for our action. You may appeal by submitting a counter-notification that complies with applicable law (including the DMCA, where relevant) to copyright@fonica.io within 14 days of receiving the notification. Appeals will be reviewed promptly and impartially, and if your appeal is upheld, the content may be reinstated.

12. Disclaimers and limitations of liability

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free operation, accuracy of content, or freedom from harmful code. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. We, not Apple, are responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. To the maximum extent permitted by applicable law, our total liability for any claim will not exceed the greater of $100 or the amount you paid to us in the past 12 months. We may change, suspend, or discontinue any part of the Service, including particular features, content, or availability, at any time without liability. If you are a consumer, these Terms do not limit your mandatory rights under applicable consumer protection laws.

13. Indemnification

You agree to indemnify and hold harmless Fonica Limited, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.

14. Entire agreement, scope of license and third-party beneficiary

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fonica Limited regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

You must comply with applicable third party terms of agreement when using the Service.

Your license to use the Service is limited to a non-transferable license to use the Service on any Apple-branded Products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with the purchaser via family sharing, volume purchasing, or legacy contacts. Any attempt by you to assign or transfer these Terms, without our consent, will be null and void. We may freely assign or transfer these Terms without restriction.

We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

15. Electronic communications

You agree that we may provide notices, disclosures, agreements, updates, and other communications to you electronically, including through the Service, by email, or by other electronic means made available through your account. You agree that those electronic communications satisfy any legal requirement that such communications be in writing, except where applicable law requires a different form.

You are responsible for keeping your account contact details current and for checking your account and registered email address for communications from us.

16. Severability and no waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Governing law and dispute resolution

These Terms are governed by the laws of New Zealand, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding arbitration administered in New Zealand under the Arbitration Act 1996 (NZ).

Notwithstanding the foregoing, either party may bring a qualifying claim in a small claims court. Further, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of a user to bring an enforcement action through the applicable government agency or to seek injunctive relief in a court of law, where required under applicable laws.

You agree that any claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You waive the right to participate in class actions or class-wide arbitration.

If you are a consumer, you may have mandatory legal rights in your country of residence that would apply for your benefit and protection, which are not affected by these Terms.

18. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will notify you in advance and, where required by law, request your consent. If you do not agree, you may stop using the Service and request a refund for any prepaid fees covering the period after termination. Your continued use of the Service after changes take effect constitutes acceptance.

19. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, or to protect the integrity of the Service, our community, or our legal rights. While we aim to provide notice when possible, we reserve the right to terminate for any reason at our sole discretion. We may also remove or limit access to features at our discretion, without liability.

You may stop using the Service and request the deletion of your account at any time. Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Contact us

For questions, feedback, complaints, claims or legal notices, please contact us at: copyright@fonica.io. Alternatively you may write to us at Fonica Limited, C/- Anthony Harper, Level 34, ANZ Centre, 23 Albert Street, Auckland, 1010, New Zealand.