Phonolite Terms of Use

These Terms of Use ("Terms") govern your use of the Phonolite mobile and desktop app, Phonolite self-hosted server software, the public Phonolite website, official distribution channels, official app-store builds, support channels, and any service that expressly identifies Telolith L.L.C. ("Telolith," "Phonolite," "we," "us," or "our") as its operator.

By using Telolith-operated services, official Phonolite builds where these Terms are presented, app-store builds, support channels, hosted services, or other Phonolite services where these Terms are accepted, you agree to these Terms. If you do not agree, do not use those services or builds. Your separate rights to inspect, copy, modify, or distribute Phonolite source code are governed by the applicable open-source license, not by acceptance of these Terms.

Eligibility

You must be at least 13 years old to use Phonolite. If you are under the age of majority where you live, you may use Phonolite only with permission from a parent or legal guardian who agrees to these Terms for you.

Free and Open-Source Software

Phonolite is intended to be free and open-source software licensed under the GNU Affero General Public License version 3.0 or later ("AGPL-3.0-or-later"), as stated in the applicable source repository or license file.

These Terms do not limit the rights granted to you under the AGPL or another open-source license that applies to Phonolite source code. If these Terms conflict with the applicable open-source license for the software code, the open-source license controls for that code.

These Terms apply to your use of official Phonolite app builds, the public Phonolite website, support channels, Telolith-operated services, and your conduct when using the software. These Terms do not impose additional restrictions on rights you receive directly under the applicable open-source license.

Self-Hosted Software, Not a Music Service

Phonolite is self-hosted software for streaming, organizing, and playing music that you are authorized to access. Phonolite does not provide, sell, host, index, distribute, or license music content.

In the normal self-hosted setup, your music files remain on a server selected or operated by you. Telolith's operation of the public Phonolite website, official downloads, app-store listings, or support channels does not mean Telolith hosts your music files, operates your server, or controls your server accounts, playback history, playlists, logs, library metadata, or server credentials. Telolith does not control the media files stored on self-hosted Phonolite servers and cannot monitor, verify, remove, or authorize content on servers that Telolith does not operate.

Server operators and users are independent from Telolith unless Telolith expressly operates the server or service. Telolith is not responsible for self-hosted server operation, server security, server backups, server logs, user conduct, or content stored on servers that Telolith does not operate.

Your Responsibilities

You are responsible for:

• The media, metadata, artwork, playlists, logs, accounts, and other content stored on or transmitted through any Phonolite server you operate or use.
• Making sure you have the rights, permissions, or licenses needed for all music and artwork you store, stream, download, display, or otherwise use with Phonolite.
• Complying with copyright laws, privacy laws, export laws, platform rules, network rules, and all other laws that apply to your use of Phonolite.
• Securing your devices, server, accounts, passwords, authentication tokens, backups, network access, and remote access configuration.
• Choosing whether to expose a server beyond a private or local network and using appropriate safeguards, such as strong passwords, current software, and HTTPS or another secure transport.
• Obtaining any permissions needed from users of a server you operate.
• Providing any legal notices, privacy notices, account terms, copyright-contact process, backups, security controls, and user-support process needed for a server you make available to other people.

Acceptable Use

You may not use Phonolite to:

• Store, stream, download, share, distribute, or make available music, artwork, or other content that you do not own or are not authorized to use.
• Infringe copyrights, trademarks, privacy rights, publicity rights, or other rights of any person or organization.
• Circumvent DRM, access controls, technical protection measures, paywalls, or licensing restrictions.
• Operate a public infringement service, public unauthorized media library, unauthorized download service, or unauthorized streaming service.
• Attack, disrupt, overload, scan, or gain unauthorized access to any system, server, account, network, or device.
• Distribute malware, spyware, credential stealers, or other harmful code.
• Misrepresent Phonolite, Telolith, or your relationship to us.
• Use Telolith-operated services, websites, app-store listings, support channels, or community spaces for abuse, harassment, spam, fraud, or unlawful activity.

Nothing in this section restricts rights that the AGPL or another applicable open-source license gives you to inspect, copy, modify, or distribute the Phonolite software code, provided you comply with that license and applicable law.

User Content and Server Content

As between you and Telolith, you retain whatever rights you have in content you use with Phonolite. Telolith does not claim ownership of music files, metadata, artwork, playlists, server logs, or other content stored on self-hosted servers that Telolith does not operate.

If you submit information to Telolith through support channels, issue trackers, app stores, email, community channels, or similar places, you give Telolith permission to use that information to provide support, investigate issues, maintain security, improve Phonolite, and operate those channels.

If you submit code, documentation, translations, issue content, pull requests, patches, or other contributions to a Phonolite repository, you confirm that you have the right to submit the contribution and that the contribution may be used, copied, modified, and distributed under the open-source license terms used by that repository unless a separate written agreement says otherwise.

Do not send Telolith music files, private server logs, credentials, API keys, authentication tokens, or sensitive personal information unless we specifically request it and you are comfortable sharing it.

Copyright Policy

Phonolite is intended for lawful use with media you own, created, licensed, or are otherwise authorized to access. Telolith does not authorize copyright infringement.

If you believe content on a self-hosted Phonolite server infringes your rights, contact the operator of that server. Telolith generally cannot remove content from servers, devices, backups, or networks that Telolith does not operate.

If you believe material on a Telolith-operated website, app-store listing, repository, support channel, or hosted service infringes your copyright, contact us at [email protected] with enough information for us to review the claim, including:

• Your name and contact information.
• Identification of the copyrighted work you believe is infringed.
• Identification of the material you believe is infringing and where it is located.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate and that you are authorized to act for the copyright owner.
• Your physical or electronic signature.

Do not submit false or abusive copyright notices. If material you posted to a Telolith-operated service was removed and you believe the removal was mistaken, contact us with enough information to review the issue. If Telolith later publishes separate designated-agent or copyright-notice instructions for a Telolith-operated service, those instructions will control for that service.

If Telolith operates services that host user content, accounts, public directories, relays, shared links, or similar hosted features, Telolith may remove or disable access to allegedly infringing material and may terminate repeat infringers as required by applicable law. This copyright process applies only to Telolith-operated services and does not mean Telolith controls or can remove content from self-hosted servers.

Third-Party Services

Phonolite may interact with third-party services, app stores, operating systems, vehicle interfaces, package repositories, support platforms, and optional metadata providers such as TheAudioDB or MusicBrainz. Third-party services are governed by their own terms and privacy policies. You are responsible for complying with third-party terms that apply to your use. Telolith is not responsible for third-party services.

App Store Terms

If you download Phonolite from Apple App Store, Google Play, or another app store, your use of that store is also governed by that store's rules and terms.

For apps downloaded from Apple App Store:

• These Terms are between you and Telolith, not Apple.
• Telolith grants you a non-transferable license to use the Apple-distributed Phonolite app on Apple-branded products that you own or control, and as otherwise permitted by Apple's applicable usage rules.
• Apple is not responsible for Phonolite or its content.
• Telolith, not Apple, is responsible for support and maintenance to the extent required by these Terms or applicable law.
• Apple has no warranty obligation for Phonolite except any refund of the purchase price required by Apple policy or applicable law.
• Apple is not responsible for claims relating to Phonolite, including product liability claims, legal compliance claims, consumer protection claims, privacy claims, or intellectual-property claims. If a third party claims that the Apple-distributed Phonolite app or your possession and use of it infringes that party's intellectual-property rights, Telolith, not Apple, is responsible for investigation, defense, settlement, and discharge of the claim to the extent required by these Terms or applicable law.
• You must comply with applicable third-party terms when using Phonolite.
• For app questions, complaints, or claims, contact Telolith at [email protected].
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

Export Compliance

You may not use, export, re-export, import, or transfer Phonolite except as authorized by applicable law, including United States export control and sanctions laws. You represent that you are not located in a country or region subject to a U.S. government embargo, are not listed on a U.S. government restricted-party list, and will not use Phonolite for a prohibited end use.

No Paid Transactions

Phonolite is currently intended to be distributed as free and open-source software without paid app transactions, subscriptions, in-app purchases, or music sales. If Telolith later offers paid services, donations, sponsorships, hosted services, or commercial support, additional terms may apply.

No Guaranteed Support or Availability

Phonolite is provided without any promise that it will be available, compatible, secure, error-free, maintained, or supported. Telolith may change, suspend, or discontinue official builds, websites, support channels, or services at any time.

Because Phonolite is self-hosted software, Telolith is not responsible for operating, securing, backing up, repairing, monitoring, or administering servers that Telolith does not operate.

Disclaimers

To the maximum extent allowed by law, Phonolite is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. This includes implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, and uninterrupted or error-free operation.

The AGPL and other applicable open-source licenses may include additional warranty disclaimers that apply to the software code.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

Limitation of Liability

To the maximum extent allowed by law, Telolith and its owners, members, managers, employees, contractors, contributors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost media, security incidents, service interruptions, unauthorized access, copyright claims arising from your media or server, or the conduct of server operators or other users.

To the maximum extent allowed by law, Telolith's total liability for all claims relating to Phonolite or these Terms will not exceed the greater of 100 US dollars or the amount you paid Telolith specifically for the Phonolite app or service giving rise to the claim during the 12 months before the claim.

Some jurisdictions do not allow certain liability limits. In those jurisdictions, the limits apply only to the extent permitted by law.

Indemnity

To the extent allowed by law, you agree to defend, indemnify, and hold harmless Telolith and its owners, members, managers, employees, contractors, contributors, and licensors from claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from:

• Your use or misuse of Phonolite.
• Content, music, artwork, metadata, playlists, or other material you store, stream, download, share, or process with Phonolite.
• A server you operate, administer, expose, or make available to others.
• Your violation of these Terms or applicable law.
• Your infringement or alleged infringement of someone else's rights.

Termination

You may stop using Phonolite at any time.

Telolith may suspend or terminate your access to Telolith-operated websites, support channels, hosted services, app-store distributions, or community spaces if you violate these Terms, create legal or security risk, or misuse Phonolite or Telolith-operated services.

Termination of access to Telolith-operated services does not terminate rights you separately receive under the AGPL or another applicable open-source license for Phonolite source code.

Changes

We may update these Terms from time to time. The updated version will be posted with a new "Last updated" date. Your continued use of Phonolite after changes become effective means you accept the updated Terms.

Governing Law

Except where applicable law requires otherwise, these Terms are governed by the laws of the jurisdiction where Telolith is organized, excluding conflict-of-law rules. Mandatory consumer-protection laws in your place of residence may still apply.

General Legal Terms

If any part of these Terms is unenforceable, the rest of these Terms will remain in effect to the extent permitted by law. Telolith's failure to enforce a provision is not a waiver of its right to enforce that provision later.

You may not assign your rights or obligations under these Terms without Telolith's consent, except to the extent the AGPL or another applicable open-source license gives you separate rights for the software code. Telolith may assign these Terms in connection with a merger, acquisition, reorganization, or transfer of assets.

These Terms, together with the Privacy Policy and any additional terms that expressly apply to a Telolith-operated service or official distribution channel, are the entire agreement between you and Telolith for the services and official builds covered by these Terms. They do not replace or narrow rights granted by applicable open-source licenses.

Notices to Telolith should be sent to [email protected]. Telolith may provide notices by posting them on the public Phonolite website, through official distribution channels, or through the contact information you provide.

Contact

[email protected]