Terms of Service

Last Updated: January 26, 2025 Effective Date: January 26, 2025

1. Acceptance of Terms

Welcome to Bast.FM! These Terms of Service ("Terms") govern your access to and use of bastfm's website, services, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

bastfm is a mixtape sharing service that allows users to:

• Create and organize playlists ("mixtapes") using Apple Music catalog
• Share mixtapes with other users
• Discover mixtapes created by the community
• Play music through Apple Music integration (MusicKit)

Important: bastfm is a playlist curation tool. We do NOT:

• Host, store, or distribute music files
• Provide music streaming directly
• Modify or circumvent DRM protection
• Replace or substitute for an Apple Music subscription

Music playback requires:

• An active Apple Music subscription
• Authorization to access Apple Music through your device
• Internet connection

3. Eligibility

To use bastfm, you must:

• Be at least 13 years old (or the age of digital consent in your jurisdiction)
• Have an active Apple Music subscription
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

4.1 Apple Sign-In

bastfm uses Apple Sign-In for authentication. By signing in:

• You authorize us to receive your Apple ID identifier
• You may choose to share your email address and name
• You agree to Apple's Terms of Service and Privacy Policy

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your Apple ID credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We are not liable for losses caused by unauthorized use of your account.

4.3 Account Termination

You may delete your account at any time through Account Settings.

We may suspend or terminate your account if you:

• Violate these Terms
• Violate our Community Guidelines
• Engage in fraudulent or illegal activity
• Harm other users or the Service

5. User-Generated Content

5.1 Your Content

"Your Content" means all mixtapes, titles, descriptions, and other content you create, upload, or share on bastfm.

You retain ownership of Your Content. However, by posting Your Content, you grant bastfm:

• A worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute Your Content
• Purpose: Operate, improve, and promote the Service
• Duration: Until you delete Your Content or terminate your account
• Scope: Includes displaying Your Content to other users, generating previews, and creating derivative works for functionality

5.2 Content Responsibilities

You are solely responsible for Your Content. You represent and warrant that:

• You have the right to post Your Content
• Your Content does not violate third-party rights (copyright, trademark, privacy, etc.)
• Your Content complies with applicable laws and these Terms
• Your Content does not contain malware, viruses, or harmful code

5.3 Prohibited Content

You may NOT post content that:

Illegal Content:

• Violates any law or regulation
• Infringes copyright, trademark, or other intellectual property rights
• Contains malware or harmful code
• Promotes illegal activity

Harmful Content:

• Contains hate speech, discrimination, or harassment
• Promotes violence or self-harm
• Contains explicit sexual content or pornography
• Exploits or endangers minors
• Shares private information without consent (doxxing)

Spam and Deception:

• Is spam, advertising, or promotional material (unless authorized)
• Contains false, misleading, or deceptive information
• Impersonates others or misrepresents affiliation
• Manipulates or games the Service

5.4 Content Moderation

We reserve the right to:

• Remove or hide content that violates these Terms
• Suspend or terminate accounts of repeat violators
• Report illegal content to law enforcement
• Modify or update content policies at any time

We are not obligated to monitor content but may do so for safety and compliance.

5.5 Reporting Content

If you encounter content that violates these Terms:

• Use the "Report" button on the mixtape page
• Email abuse@bastfm.com with details
• Include: mixtape link, reason for report, and supporting information

We will review reports and take appropriate action.

6. Apple Music Integration

6.1 MusicKit Usage

bastfm integrates with Apple Music through MusicKit. By using music features:

• You agree to Apple's MusicKit Terms and Apple Music Terms of Service
• You authorize Apple to share catalog data with bastfm
• You acknowledge that Apple Music is required for playback

6.2 Music Catalog

Music metadata (song names, artists, albums, artwork) is provided by Apple Music:

• We do not own or license this content
• Availability depends on Apple Music catalog in your region
• Tracks may become unavailable if removed from Apple Music
• We are not responsible for changes to Apple's catalog

6.3 No Audio Files

bastfm does NOT:

• Store, host, or distribute audio files
• Provide downloads or offline playback
• Circumvent copy protection or DRM
• Extract or modify audio from Apple Music

All music playback occurs through Apple Music's official APIs on your device.

7. Acceptable Use

7.1 Permitted Use

You may use bastfm to:

• Create and manage personal mixtapes
• Share mixtapes with the community (if public)
• Discover and play mixtapes created by others
• Provide feedback and suggestions

7.2 Prohibited Use

You may NOT:

Technical Abuse:

• Reverse engineer, decompile, or disassemble the Service
• Circumvent security measures or access controls
• Use automated tools (bots, scrapers, scripts) without permission
• Overload or interfere with servers or networks
• Attempt to gain unauthorized access to any part of the Service

Content Abuse:

• Create spam or duplicate content
• Upload viruses, malware, or harmful code
• Manipulate content ranking or visibility
• Engage in fraudulent activity

Commercial Abuse:

• Use the Service for unauthorized commercial purposes
• Resell or redistribute the Service
• Frame or mirror the Service without permission

8. Intellectual Property

8.1 Our Rights

bastfm and all content, features, and functionality (excluding User Content) are owned by bastfm and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works
• Remove copyright or proprietary notices
• Use our trademarks without permission

8.2 Apple Music Trademarks

Apple, Apple Music, and the Apple Music logo are trademarks of Apple Inc.

bastfm is not affiliated with, endorsed by, or sponsored by Apple Inc.

8.3 Copyright Infringement

We respect intellectual property rights. If you believe content on bastfm infringes your copyright:

DMCA Notice: Email: abuse@bastfm.com

Include:

• Identification of the copyrighted work
• Identification of the infringing material (link to mixtape)
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Physical or electronic signature

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy.

By using the Service, you consent to our Privacy Policy.

10. Disclaimers

10.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or availability
• Error-free or uninterrupted operation

10.2 Third-Party Services

Apple Music is a third-party service. We are not responsible for:

• Apple Music's availability, functionality, or performance
• Changes to Apple Music's service or pricing
• Apple's actions or omissions

10.3 User Content

We do not endorse, verify, or guarantee User Content. You access User Content at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASTFM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Service interruptions or data loss
• User Content or third-party conduct
• Unauthorized access or alteration of data

TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

• $100 USD, OR
• The amount you paid to bastfm in the past 12 months (currently $0 for free service)

Some jurisdictions do not allow limitations on certain warranties or liabilities, so the above may not fully apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless bastfm and its affiliates from any claims, damages, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of third-party rights
• Your violation of applicable laws

13. Changes to Terms

We may modify these Terms at any time. When we do:

• We will update the "Last Updated" date
• For material changes, we will provide notice via email or the Service
• Continued use after changes constitutes acceptance

If you do not agree to changes, you must stop using the Service and delete your account.

14. Termination

14.1 Your Rights

You may terminate your account at any time through Account Settings.

Upon termination:

• Your access to the Service will cease
• Your public mixtapes will be deleted after 30 days (grace period)
• Your personal data will be deleted in accordance with our Privacy Policy

14.2 Our Rights

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms or Community Guidelines
• Illegal activity or fraud
• Harm to other users or the Service
• Extended inactivity
• Legal requirements

14.3 Effect of Termination

Upon termination, sections that by nature should survive will survive, including:

• Intellectual property provisions
• Disclaimers and limitations of liability
• Indemnification
• Dispute resolution

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at support@bastfm.com to attempt to resolve the dispute informally.

15.3 Arbitration (If Applicable - Modify Based on Jurisdiction)

For users in the United States:

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Exception: You may bring claims in small claims court if they qualify.

Class Action Waiver: You agree to resolve disputes individually, not as a class action.

15.4 Jurisdiction

For users outside the United States or for claims exempt from arbitration:

You agree to the exclusive jurisdiction of courts in [Your Jurisdiction].

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and bastfm.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer these Terms. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, acts of war, pandemics, etc.).

16.6 Language

These Terms are written in English. Any translations are for convenience only, and the English version shall prevail in case of conflict.

17. Contact Information

General Support: Email: support@bastfm.com

Abuse/Copyright: Email: abuse@bastfm.com

Privacy: Email: privacy@bastfm.com

Mailing Address: [Your Company Name] [Street Address] [City, State/Province, ZIP/Postal Code] [Country]

Summary of Key Points

By using bastfm, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.