Make Play — Terms and Conditions

1. About Make Play

Make Play is a server-client music player and remote-control system.

The Make Play server currently runs on macOS and integrates with supported third-party music services, including Apple Music through Apple’s MusicKit framework and TIDAL through TIDAL’s APIs and/or SDKs.

The Make Play terminal client (“TUI client”) remotely controls the Make Play server. The TUI client does not itself download or stream music. Music playback takes place on the server using the facilities provided by the selected music service.

Make Play does not provide music, a music catalogue or a music subscription service.

2. Music service subscription required

To use music-service functionality in Make Play, you must have a valid account and, where required, an active subscription with the relevant third-party service, such as Apple Music or TIDAL.

Your use of Apple Music or TIDAL remains subject to the terms, subscription conditions, geographic restrictions and other rules imposed by the relevant service provider.

Taglab does not sell, provide, administer or control your Apple Music or TIDAL subscription.

3. Third-party services

Make Play interacts with third-party services using interfaces made available by those services for application integration.

Apple Music, MusicKit and related Apple services are provided by Apple. TIDAL and its APIs, SDKs and related services are provided by TIDAL.

Make Play is an independent project. Taglab is not Apple or TIDAL and, unless expressly stated otherwise, Make Play is not sponsored, endorsed or operated by either company.

Apple, Apple Music, macOS and MusicKit are trademarks or service marks of Apple Inc. TIDAL and associated marks belong to their respective owners.

Third-party services may change, restrict or discontinue APIs, frameworks, authentication methods or functionality at any time. Such changes may cause some or all Make Play functionality to stop working.

4. No downloading or redistribution of music

Make Play is designed only to access and control playback through supported music services in the manner permitted by those services. You may not use Make Play to:

• ·circumvent restrictions imposed by Apple Music, TIDAL or another music service;
• ·copy, extract, capture or permanently store streamed music where this is not permitted by the applicable service;
• ·remove or bypass digital rights management or access controls;
• ·access music without the account, subscription or authorization required by the applicable provider; or
• ·use Make Play in a manner that infringes copyright or other rights.

5. Software licences

Parts of Make Play, including the TUI client, are distributed as open-source software under the licences included with their source code, including the Apache License 2.0 and/or MIT License, as applicable.

Those open-source licences govern your rights to use, copy, modify and distribute the corresponding source code.

Where there is a conflict between these Terms and an applicable open-source licence concerning rights granted under that licence, the open-source licence controls.

These Terms govern use of the Make Play service and project as a whole and do not restrict rights expressly granted by an applicable open-source licence.

6. Cost and voluntary support

The Make Play server is provided free of charge.

Taglab may provide a means for users to support development voluntarily, for example through Patreon or a similar service.

Any such contribution is a voluntary donation supporting the Make Play project. It is not payment for access to Apple Music, TIDAL or other third-party content, and it does not purchase music-service functionality, preferential access to music content or rights in any third-party service.

Unless expressly stated otherwise, Make Play functionality is not conditional upon making a donation.

7. Authentication and accounts

Make Play does not require a Make Play user account.

Where authentication with Apple Music, TIDAL or another supported service is required, authentication is performed using mechanisms supplied or authorized by the relevant service.

Any credentials or authorization tokens stored locally by Make Play are used only as necessary to operate the software and communicate with the relevant service.

Your relationship with the music-service provider remains governed by that provider’s terms and privacy policy.

8. Availability

Make Play is provided as an independently developed software project. We do not guarantee that:

• ·Make Play will always be available;
• ·every feature will continue to work;
• ·Apple Music, TIDAL or another service will remain compatible with Make Play;
• ·third-party APIs or frameworks will remain available; or
• ·Make Play will be free from bugs or interruptions.

We may modify, suspend or discontinue Make Play or individual features.

9. Your responsibility

You are responsible for:

• ·maintaining the accounts and subscriptions required by third-party music services;
• ·complying with the terms of those services;
• ·operating Make Play on systems and networks that you are authorized to use; and
• ·keeping your computer, credentials and local Make Play installation secure.

10. Intellectual property

Make Play does not grant you ownership of music, artwork, metadata or other content supplied by Apple Music, TIDAL or another third party.

Such content remains subject to the rights and licences of its respective owners and providers.

The Make Play name, branding and other material belonging to Taglab are owned by Taglab except where otherwise stated. Open-source components remain subject to their respective licences.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, Make Play is provided “as is” and “as available”, without warranties of any kind, whether express or implied.

Nothing in these Terms excludes any warranty, guarantee or consumer right that cannot lawfully be excluded.

12. Limitation of liability

To the maximum extent permitted by applicable law, Taglab will not be liable for indirect, incidental, consequential or special loss arising from the use of, or inability to use, Make Play.

In particular, Taglab is not responsible for interruptions, account restrictions, catalogue changes, subscription issues or other actions taken by Apple, TIDAL or another third-party provider.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

13. Privacy

Our handling of personal data is described in the Make Play Privacy Policy.

Make Play is designed not to track its users and does not contain a Taglab-operated user analytics or behavioural tracking system.

14. Changes to these Terms

We may update these Terms when Make Play, applicable law or third-party services change. The current version will be published together with its effective date.

Your continued use of Make Play after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

15. Governing law

These Terms are governed by the laws of Spain, subject to any mandatory consumer-protection rules applicable in your country of residence.

Where legally permitted, disputes relating to these Terms shall be subject to the courts of Barcelona, Spain.

Nothing in this provision deprives a consumer of any mandatory jurisdictional rights provided by applicable law.

16. Contact

Taglab Consulting S.L.

NIF: B56749294

Email: makeplay-legal@taglab.com

Spain