Terms of Service

1. Contracting Entity & Scope

These Terms of Service (“Terms”) constitute a legally binding agreement between you and [Legal operator — to be completed before launch] (“Operator”, “we”, “us”, or “our”), having an address at [Business mailing address — to be completed before launch].

These Terms govern your access to and use of the Timbrii music journaling platform, including all associated websites, APIs, mobile web views, and services available at timbrii.com and timbrii.com.br. By creating an account, checking the agreement box during registration, or submitting affirmative acceptance, you agree to be bound by these Terms and our Privacy Policy.

2. Eligibility, Age & Contractual Capacity

To register for an account or use Timbrii, you must:

• Be at least 13 years of age, or the minimum legal age required in your country of residence to consent to digital services without parental authorization (such as 16 in certain European Union member states).
• If you are between the minimum age and the age of legal majority in your jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
• Possess the full legal capacity to enter into a binding contractual agreement under applicable law.
• Not have been previously suspended or permanently banned from the service for violations of law or community safety standards.

Use of the service is void where prohibited by applicable law, rule, or regulation.

3. Accounts, Credentials & Security

When creating an account, you must provide accurate, current, and complete registration information. You are solely responsible for maintaining the confidentiality of your login credentials (including your password and any authentication codes or sessions) and for all activities that occur under your account.

Timbrii provides seamless single sign-on (SSO) between timbrii.com and timbrii.com.br using encrypted, short-lived, single-use server transfer tickets. You agree not to intercept, forge, replay, or manipulate authentication tokens or tickets. You agree to notify us immediately at [email protected] upon discovering any unauthorized use or security compromise of your account.

4. User Content Ownership & Purpose-Limited License Grant

You Retain Full Ownership: You retain all copyright, trademark, and intellectual property ownership in and to any original text, music reviews, ratings, journal entries, curated lists, comments, and uploaded photos (such as concert ticket stubs or personal album photos) that you submit to Timbrii (“User Content”).

Limited License to Operate the Service: By posting User Content to Timbrii, you grant the Operator a non-exclusive, worldwide, royalty-free, transferable and sublicensable (solely to technical infrastructure providers such as database, storage, and hosting hosts) license to host, store, cache, reproduce, format, translate, and display your User Content strictly as necessary to provide, maintain, and operate the platform according to your chosen visibility and privacy settings.

Express Negative Covenants & Limitations:

• No Sale of Data: The Operator does not sell your User Content, listening history, or personal reviews to third parties or commercial data brokers.
• No Foundation AI Model Training: The Operator will not use your private reviews, personal journals, or uploaded media to train third-party generative foundation artificial intelligence models without your separate, explicit, affirmative opt-in consent.
• License Termination: This license terminates automatically when you delete your User Content or delete your Timbrii account, subject only to transient caching, standard disaster recovery backup rotation (7 to 30 days), and statutory legal preservation holds required by law.

5. Acceptable Use, Community Conduct & Prohibitions

You agree to use Timbrii only for lawful purposes in accordance with these Terms. You agree that you will not:

• Upload, post, or transmit any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any third party.
• Upload or distribute content that is defamatory, obscene, harassing, threatening, abusive, or promotes hate speech, discrimination, or violence against individuals or groups.
• Distribute, solicit, or facilitate Nonconsensual Intimate Imagery (NCII) or violations under the Take It Down Act (TIDA).
• Upload, transmit, or solicit Child Sexual Abuse Material (CSAM) or Child Sexual Exploitation and Abuse (CSAE). Any such activity will be reported immediately to law enforcement authorities and the National Center for Missing & Exploited Children (NCMEC) pursuant to 18 U.S.C. § 2258A.
• Use any automated spider, crawler, bot, scraper, or extraction tool to scrape or harvest content, user profiles, or catalog data without prior written authorization.
• Bypass, deactivate, or circumvent rate limits, authentication controls, private media access restrictions, or platform security safeguards.

6. Content Moderation, Notice-and-Takedown & Appeals

We respect intellectual property and the safety of our community. Anyone, including unregistered visitors, may report infringing content, privacy violations, or terms breaches through our public intake portal at /report.

Notice and Takedown: Upon receiving a substantiated notice of copyright infringement or unlawful content, we will act promptly to remove or disable access to the affected material in accordance with applicable laws (including the Digital Millennium Copyright Act and Marco Civil da Internet).

Appeals & Counter-Notices: If your content was removed or your account restricted, you will be notified where legally permissible with the reason for the decision, and you may submit an appeal or counter-notice via /report.

Legal Preservation Holds: Where required by valid statutory authority, civil subpoena, or criminal preservation mandate, deletion of specific account data or media may be suspended under a formal LegalHold until the legal mandate is resolved.

7. Music Catalog Metadata, Artwork & Source Credits

Music catalog information (including artist names, release titles, and track listings) is sourced from open and collaborative databases, including MusicBrainz (under Creative Commons CC0 1.0 Universal). Release facts and metadata are public domain facts.

Album artwork, artist photographs, and sound recordings displayed on Timbrii remain the intellectual property of their respective record labels, artists, or licensors. Display of catalog artwork does not convey any proprietary rights, ownership, or commercial endorsement. Detailed attribution and open-source licenses are available at /terms#credits.

8. Monetization, Sponsored Discovery & Affiliate Transparency

Currently, outbound ticketing and merchandise search links operate as functional placeholders without active commercial affiliate contracts. If and when commercial partnerships or sponsored discovery are activated, Timbrii will display clearly labeled sponsored recommendations (“Sponsored”) or affiliate links for concert tickets and physical music merchandise.

All sponsored placements and affiliate relationships are disclosed transparently in accordance with FTC guidelines (16 CFR § 255.5) and Brazilian consumer protection rules (CDC Art. 36/37). We do not engage in cross-context behavioral ad tracking, we never sell user listening history or private review scores to advertisers, and users under 18 are excluded from commercial targeting. See Section 8 of our Privacy Policy for detailed monetization practices.

9. Account Deletion & Service Termination

Your Right to Terminate: You may terminate your account at any time, for any reason, directly from your Account Settings or by submitting a deletion request at /privacy/rights. Account deletion permanently purges your user profile, reviews, ratings, private journals, and uploaded media from active production systems.

Operator Right to Suspend: We reserve the right to suspend or terminate your account or access to the service if you materially or repeatedly breach these Terms, violate applicable law, create risk or legal exposure for the Operator or other users, or upon request by law enforcement.

10. Mandatory Consumer Rights, Savings Clause & Warranties

Statutory Consumer Rights Savings Clause: Nothing in these Terms shall exclude, restrict, or modify any statutory consumer guarantee, right, or remedy conferred by applicable mandatory laws that cannot be lawfully excluded or limited, including:

• European Union: Directive (EU) 2019/770 on contracts for digital content and digital services, and Directive 93/13/EEC on unfair terms in consumer contracts.
• United Kingdom: Consumer Rights Act 2015 and Consumer Contracts Regulations.
• Brazil: Lei nº 8.078/1990 (Código de Defesa do Consumidor - CDC), including statutory warranties of fitness and prohibitions against abusive contractual clauses.
• United States: Nonwaivable state consumer rights under the Indiana Deceptive Consumer Sales Act (IC § 24-5-0.5) and applicable state laws.

No Mandatory Arbitration: These Terms do not impose mandatory binding arbitration or waive your right to participate in lawful collective redress or class actions where such waivers are unenforceable under your local consumer protection law.

Limitation of Liability: To the maximum extent permitted by applicable law, the Operator shall not be liable for indirect, incidental, special, consequential, or punitive damages. Nothing in these Terms limits our liability for gross negligence, intentional misconduct, fraud, or personal injury caused by our negligence.

11. Material Modifications, Affirmative Assent & Governing Law

Advance Notice of Material Updates: We may revise these Terms from time to time. If we make material modifications that affect your rights or obligations, we will provide at least 30 days advance notice via email or a prominent banner on the platform before the changes take effect.

Affirmative Assent Required: Following a material modification and version increment, you will be prompted to affirmatively review and accept the revised Terms upon your next sign-in. Continued browsing or passive site usage alone is never treated as assent to modified terms.

Unrestricted Rights Without Assent: If you do not wish to agree to revised Terms, you retain the unconditional right to export your complete listening history and personal data dossier (/privacy/rights or self-service GET /api/users/me/export) and delete your account without being forced to accept the updated terms.

Governing Law & Jurisdiction: Except where local mandatory consumer laws require otherwise, these Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States. For users residing in Brazil accessing timbrii.com.br, the laws of the Federative Republic of Brazil and the jurisdiction of the consumer's domicile shall apply. Nothing in this clause deprives consumers residing in the European Economic Area or UK of the protections afforded by mandatory provisions of the law of their country of habitual residence.