Terms of Use
01Purpose and scope
These Terms apply to every aspect of the relationship between us and you in connection with the use of the Service. If you do not agree to these Terms, please do not download, install or use the Service.
You may use the Service only if you review these Terms and the Privacy Policy on the consent screen shown when the App first launches and agree to them. The Privacy Policy forms part of these Terms.
These Terms also apply to your use of the website we operate at https://rondio.knightages.com/, including its contact form (the "Website").
02Definitions
In these Terms, the following words have the following meanings.
- "App" means "Rondio", the application for iOS / iPadOS that we develop and provide, including its updates, fixes and any App Extension bundled with it.
- "Service" means all functions and services we provide through the App.
- "Audio files" means the audio files that you have obtained yourself, or that are stored in storage you manage yourself, and that the App plays.
- "Library information" means references to audio files, tags, artwork, play counts, favorites, playlists, the playback queue and any other information the App manages on your device.
- "Music library" means the media library managed by the standard "Music" app for iOS / iPadOS provided by Apple Inc. ("Apple").
- "App Store" means the application distribution platform operated by Apple.
03What the Service provides
The Service provides player functionality for playing, on your device, audio files that you own. Its main features are as follows.
- Importing (registering) audio files from folders you select in the Files app and from the Music library
- Playback of the imported audio files (the supported formats are essentially MP3, M4A / AAC, FLAC and WAV; which formats can actually be played depends on what the OS supports)
- Selecting a range — all tracks, a playlist, an album, an artist, a genre or a decade — and playing that range in order or shuffled
- Favorites, creating and editing playlists, search, and viewing and operating the playback queue
- An original shuffle that reduces clustering ("Rondio Shuffle") and other paid features (Section 11)
- Settings relating to appearance and playback, and other ancillary features
The App is not a service that distributes or supplies audio content: it provides no streaming, no sale of music, no lyrics and no other content. We may add to, change or remove all or part of the features of the Service without prior notice.
04Eligibility
The Service is intended for people aged 13 or over (in the EU, the EEA, the UK and any other country or region where a digital age of consent applies under data protection law, the applicable age — 16 in principle, or between 13 and 16 depending on national law — and, where the law of your country or region sets a higher age, that age). If you are younger than that, you may not use the Service.
If you are a minor or otherwise have limited legal capacity, you must obtain the consent of a parent, guardian or other legal representative and use the Service with their understanding and supervision. Where a minor uses the Service, we treat that use as having been consented to by their legal representative.
05Operating environment
The Service runs only on iPhone and iPad devices provided by Apple that run an iOS / iPadOS version the App supports. You are responsible, at your own cost, for preparing the equipment, storage capacity, network connection and anything else needed to use the Service. We do not warrant that the Service will work on any particular device or in any particular environment, and all or part of the Service may become unusable following an OS update or similar change. System requirements may change without notice, for example in order to improve the App.
We may require you to update to the latest version of the App in order to provide the Service safely and properly, to fix defects, or to maintain security. All or part of the Service may become unusable on versions of the App below a level we specify; in that case you will need to update the App to the latest version in order to continue using the Service. If you do not update, all or part of the App's features may become unusable, and we accept no liability for any loss you suffer as a result, except as provided in Section 18.
06Licence
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use the App for personal, non-commercial purposes on iOS / iPadOS devices that you own or control.
The App is licensed to you, not sold. This licence transfers no right in the App's source code, databases, features, design or any other component, and all rights not expressly granted in these Terms are reserved to us or to the third parties properly entitled to them.
07Audio files and your responsibilities
The App plays the audio files in the folders you select and in the Music library by reference, without copying them. We do not obtain, store, transmit or copy the audio files themselves. Rights in the audio files belong to you or to the third parties properly entitled to them.
You represent and warrant that you hold the audio files you import into or play with the App lawfully, or that you have obtained the necessary permission from the rights holders. We accept no liability whatsoever for the lawfulness of the audio files, for whether any rights clearance is required, or for the outcome of any such matter.
You must not use the App to play audio files copied without the rights holder's permission, or for any other purpose that breaches copyright law or any other law. Section 19 governs what happens if a third party brings a claim against us in relation to audio files.
Audio protected by digital rights management (DRM), including tracks supplied through Apple Music or another subscription streaming service, cannot be handled by the App, for technical reasons.
08Access to folders and the Music library
The App accesses only the folders you select yourself through the Files app. Reading the Music library requires your express permission in the dialog shown by iOS; we read the Music library on a read-only basis and never change its contents.
You can change or revoke these permissions at any time in iOS Settings. If you revoke a permission, or if access is lost because a folder is moved, deleted or renamed, or because external storage is disconnected, the affected tracks become unplayable. We accept no liability for any disadvantage you suffer as a result.
There is a limit on the number of folders that can be registered; the specific number is as shown in the App. We may change that limit.
09Files in cloud and external storage
You may use audio files held in cloud storage or network storage connected through the Files app. In that case, the communication that downloads the file to your device takes place between your device and that service provider, and we take no part in it. Any data charges or other costs are yours to bear.
The OS may remove (evict) the local copy of a file that was previously present on the device. Where that happens, the App attempts to retrieve the file again when online, and treats the track as unplayable when offline. We do not guarantee that the local copy of any file will be retained, and we accept no liability for events caused by a change in that provider's specifications, by a fault on their side, or by the discontinuation of their service.
10Storage and management of data
The Service has no account registration, and library information is stored only on the device you use. Library information is never transmitted to or stored on any server we manage.
You acknowledge in advance that library information or audio files may be lost if your device is lost, damaged, reset or replaced, if the App is uninstalled, or if files are moved or deleted. We have no obligation and accept no liability in respect of backing up or restoring them. Please use the standard iOS backup features as needed and manage your data at your own responsibility.
11Trial period and paid features
Downloading the App and using its basic playback features are free of charge. Rondio Shuffle and playback spanning multiple folders are paid features (the "Paid Features"), and you may use them free of charge for a set period from the first time you use them (the "Trial Period"). The number of days in the Trial Period and its other specifics are as shown in the App, and we may change them.
Once the Trial Period has passed, the Paid Features become unavailable, but the App remains usable as a free player and your registered library information is not deleted. In order to manage the Trial Period, we store its start date and time in a protected area on your device. That information may remain on the device even after the App is deleted, and it therefore prevents the Trial Period from being obtained repeatedly.
The Paid Features are purchased through Apple's In-App Purchase as a one-time, non-consumable purchase — not a recurring charge or subscription. Their price and contents can be confirmed at the time of purchase, as shown in the App Store or in the App. The right purchased is tied to your Apple ID, so you can use the Paid Features on your other supported devices with the same Apple ID, or restore them after reinstalling the App by using "Restore Purchases" in the App.
Payment, cancellation and refunds are governed by the Apple Media Services Terms and Conditions and Apple's other terms. We neither obtain nor hold your credit card details or any other payment information, and we are not in a position to process refunds directly (except where a refund is required by the law of the place where you live). We may add to or change the Paid Features, or cease to provide them. A right you have already purchased is not lost as a result of a price revision.
12Prohibited conduct
In using the Service, you must not do any of the following.
- Act in breach of any law or of public order and morals
- Engage in, or facilitate, criminal conduct
- Infringe the copyright, neighbouring rights, trademark rights or other intellectual property rights, portrait rights, privacy rights, reputation or other rights or interests of us or any third party
- Play audio files copied without the rights holder's permission in the App, or otherwise use the App to make unlawful use of audio files
- Reverse engineer, decompile or disassemble the App, or otherwise analyse its source code (except where expressly permitted by law)
- Copy, modify, adapt, redistribute, resell, lend, publicly transmit or make secondary use of the App (except with our prior written consent)
- Circumvent or disable the App's security mechanisms
- Improperly manipulate a defect in the App, the mechanism managing the Trial Period, or the purchase mechanism, in order to use the Paid Features without paying for them
- Transmit or introduce a virus, malware or other harmful code in connection with the App or the Service
- Interfere, or risk interfering, with the operation of the Service or the Website (including unauthorised access and placing an excessive load on it)
- Use the Service for commercial purposes beyond the scope licensed under these Terms
- Anything else we reasonably judge to be inappropriate
13Intellectual property
All copyright, trademark rights, design rights and other intellectual property rights in the App and the Service — including but not limited to the app name, logo, icon, UI design, program and shuffle algorithm — belong to us or to the third parties properly entitled to them. The licence to use the Service granted under these Terms neither assigns nor licenses those intellectual property rights to you. The name and logo "Rondio" are our identifiers and may not be used without our permission.
Rights in your audio files and in the information you enter into the App (playlist names and the like) belong to you or to the third parties properly entitled to them.
14Feedback
If you provide us with ideas, suggestions, proposed improvements or other feedback about the Service ("Feedback"), we may use that Feedback freely — including to improve the Service and to develop new features — without payment to you and without restriction as to period, territory or purpose. You agree not to exercise any moral rights against us, or assert any other right, in respect of the Feedback.
15Suspension, change and discontinuation of the Service
We may suspend or interrupt all or part of the Service or the Website without prior notice to you in any of the following cases.
- Where the Website or a related system is being maintained, inspected or updated
- Where providing the Service becomes difficult due to force majeure such as an earthquake, lightning, fire, power failure, natural disaster, epidemic, war, riot or labour dispute
- Where providing the Service becomes difficult due to a change in the specifications of, or the discontinuation of, the OS, the Music app, the App Store or another Apple service
- Where there is a change in specifications, a fault, or a discontinuation of service on the part of our hosting provider or another third-party service we use
- Where we otherwise reasonably judge that providing the Service has become difficult
We may, at our discretion, discontinue all or part of the Service. Where possible, we will endeavour to give advance notice by posting it in the App or on the Website; however, where circumstances make this unavoidable, or where we otherwise consider it necessary, we may discontinue the Service without advance notice. Because the App runs on your device, a copy already installed on your device will in principle continue to work after distribution ends, but we do not guarantee that it will. We accept no liability for any loss you suffer as a result of the suspension, change or discontinuation of the Service, except as provided in Section 18.
16Restriction of use and termination of the licence
Where we reasonably judge that you have breached, or are likely to breach, these Terms, we may restrict or terminate your licence to use the Service without prior notice.
If your agreement to these Terms comes to an end for any reason, you must stop using the App and delete it from your device. Sections 7, 13, 14, 17 to 19, 28 and 30 survive the termination of the licence and remain in full force.
17Disclaimer of warranties
The Service is provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, we make no warranty of any kind, express or implied, that the Service is fit for your particular purpose, that it has the functionality, merchantability, accuracy, completeness, usefulness or safety you expect, that it will be free of defects, errors or bugs, that defects will be corrected, that it infringes no third-party right, or that it will remain continuously available.
In particular, we give no warranty and accept no liability in respect of the following.
- That every audio file, encoding, tag format or character encoding will be read and played correctly
- That tags, artwork, duplicate-track detection, album grouping and the like will be displayed or categorised as you intend
- That the shuffle order will match your subjective expectations
- That track associations, play counts or other library information will not be lost or altered as a result of changes to the OS, conflicts with other apps, files being moved, deleted or renamed, or changes in the state of external storage
We accept no liability for any dispute arising between you and a third party in connection with the Service.
In some countries and regions, the law does not permit the exclusion of implied warranties. In those cases, this Section applies only to the fullest extent that law permits, and does not restrict the rights you have as a consumer under mandatory law.
18Limitation of liability
Except where caused by our wilful misconduct or gross negligence, we accept no liability for any loss you suffer arising from your use of, or inability to use, the Service. Nor do we accept liability for loss caused by third-party services, including Apple's App Store and In-App Purchase and the services of cloud storage providers.
Even where we are liable notwithstanding the preceding paragraph, our liability — whether based on breach of contract, tort or any other cause of action — is limited to the amount you actually paid us for the use of the Service that gave rise to the loss (or, where no payment was made, JPY 1,000 or the equivalent in your local currency), and we accept no liability for lost profits, loss of data, damage to reputation, the cost of procuring substitute services, or indirect, special, incidental, consequential or punitive damages, even where we foresaw or could have foreseen them.
This Section does not apply to the extent restricted by the Consumer Contract Act of Japan or other mandatory law, nor to loss caused by our wilful misconduct or gross negligence, nor to loss of life or personal injury.
19Indemnity
If we suffer loss (including reasonable legal fees) because you have breached these Terms or have infringed a third party's rights in connection with your use of the Service (including your use of audio files), you must compensate us for that loss. If a third party brings a claim against us arising from your breach of these Terms, you must resolve it at your own responsibility and expense and hold us harmless.
20Exclusion of anti-social forces
You represent and warrant that you are not, and will not in future become, a member of an organised crime group, a company associated with one, a corporate racketeer or any other anti-social force. If we find that you are in breach of this, we may restrict or suspend your use of the Service without prior notice.
21Special provisions concerning Apple
Because the App is distributed through the App Store, you acknowledge and agree to the following. This Section supplements the conditions of the end-user licence agreement (EULA) required by Apple; where these Terms conflict with that EULA, the EULA prevails to the extent of the conflict.
- These Terms are concluded between us and you, not with Apple. We, not Apple, are responsible for the App and its contents.
- Your use of the App is subject to the App Store terms of service (including the Apple Media Services Terms and Conditions) in addition to these Terms.
- Apple has no obligation to furnish maintenance or support for the App. Where maintenance or support is provided for the App, it is provided by us, not by Apple. However, except where required by applicable law, we make no commitment to provide maintenance or support.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the fullest extent permitted by law, Apple has no other warranty obligation whatsoever in respect of the App.
- We, not Apple, are responsible for addressing any claim relating to product liability, legal compliance, consumer protection law or any other claim from you or a third party in respect of the App.
- If it is alleged that the App or your use of it infringes a third party's intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that allegation.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. By agreeing to these Terms, you are deemed to have accepted that Apple acquires the right, as a third-party beneficiary, to enforce these Terms against you.
22Export control and sanctions compliance
In using the App you must comply with the export control laws and economic sanctions laws of Japan, the United States and any other applicable country or region. You represent and warrant that you are (i) not located in a country or region subject to a United States government embargo, and (ii) not listed on any United States government list of restricted parties, including the Treasury Department's Specially Designated Nationals list and the Commerce Department's Denied Persons List.
23Changes to these Terms
We may change these Terms where we judge it necessary. The revised Terms take effect when they are posted on the Website or displayed in the App. Where a change materially affects your rights or obligations, we will endeavour to give notice in the App or on the Website a reasonable period in advance.
If you continue to use the Service after these Terms have been changed, you are deemed to have agreed to the revised Terms. Where we make a substantive change to these Terms and the law requires your consent, we will obtain that consent separately by the means we specify. If you do not agree to a change, please stop using the Service.
Where we revise these Terms in a material respect, we may display the revised Terms in the App and ask you to agree to them again. If you do not agree to the revised Terms in that case, all or part of the Service will become unavailable to you. Notice of a revision and of the need to agree again may be given by display in the App or by any other means we specify.
24Notices and communications
Notices and communications between you and us are given by the means we specify, such as the contact form on the Website or a posting on the Website.
We may give notice of maintenance information, revisions to these Terms and other important announcements about the Service by posting them in the App. Because important notices may be given this way, please check the announcements shown in the App from time to time. Such an announcement is deemed to have reached you when it is displayed in the App.
25Assignment
You may not assign your position under these Terms, or any right or obligation under them, to a third party, or offer it as security, without our prior written consent.
If we transfer the business relating to the Service to a third party (whether by business transfer, corporate split or otherwise), we may transfer to the transferee our position under these Terms, our rights and obligations under them, and the related information, and you agree in advance to that transfer.
26Severability and survival
If any provision of these Terms, or any part of one, is held invalid or unenforceable under any law, the remaining provisions and the remaining part of the provision held invalid or unenforceable remain in full force. A provision held invalid or unenforceable is deemed replaced by a valid provision that comes closest to its intent, to the fullest extent permitted by applicable law.
Our failure to enforce any provision of these Terms is not a waiver of our rights under it.
27Entire agreement
These Terms and the Privacy Policy constitute the entire agreement between us and you concerning the use of the Service, and supersede all prior oral or written agreements, representations and understandings on their subject matter.
28Language
The Japanese text of these Terms is the authoritative version. Even where a translation into English or another language is prepared for reference, only the Japanese original has legal effect, and in the event of any discrepancy between a translation and the original, the original prevails.
29Consumer protection and mandatory local law
These Terms do not restrict any right you have under the mandatory consumer protection law of the country or region where you live.
- Users in the EU, the EEA and the UK: mandatory rights under the European Union consumer protection directives and the UK Consumer Rights Act 2015 prevail over these Terms.
- Users in Australia: the consumer guarantees under the Australian Consumer Law are not excluded by these Terms.
- Users in Canada: mandatory rights under provincial consumer protection law prevail over these Terms.
- Users in Korea: mandatory provisions of the Act on the Consumer Protection in Electronic Commerce and of other applicable Korean law prevail over these Terms.
- Users elsewhere: rights under the mandatory consumer protection law of your country or region are not restricted by these Terms.
30Governing law and jurisdiction
The formation, effect, interpretation and performance of these Terms are governed by the law of Japan, without regard to conflict-of-laws principles. However, where you are a consumer living outside Japan and the mandatory law of the place where you live affords you protection, this Section does not deprive you of that protection.
If a dispute arises between us and you in connection with the Service, we will first try in good faith to resolve it through discussion; if it cannot be resolved that way, the Tokyo District Court has exclusive jurisdiction as the court of first instance by agreement. This does not apply where the mandatory consumer protection law referred to in the preceding Section gives you the right to bring proceedings in the courts of the place where you live.
31Resolution by discussion
Any matter not provided for in these Terms, and any question as to their interpretation, will be resolved by us and you through good-faith discussion.
For questions about these Terms, please use our contact form.