1. Agreement to Terms
By accessing or using OpenFret (the "Service"), including the OpenFret website, OpenFret RPG game, and all related features, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
OpenFret is operated by OpenFret, based in Michigan, United States ("Operator," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and the Operator.
2. Description of Service
OpenFret provides a platform for guitarists that includes smart guitar inventory management, practice sessions, collaborative music sessions, community features, and the OpenFret RPG game. The Service may include both free features and paid features.
3. Account Registration
3.1 Account Creation
To access certain features, you must create an account using one of our supported sign-in methods, such as Google OAuth, Discord OAuth, Sign in with Apple where offered, or email magic link authentication. You agree to provide accurate information and to keep your account credentials secure.
3.2 Age Requirements
You must be at least thirteen (13) years old to use the Service. By creating an account, you represent that you meet this minimum age requirement and any additional age requirements imposed by the sign-in provider you use. If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian.
3.3 Account Responsibility
You are solely responsible for all activity that occurs under your account. You must immediately notify us of any unauthorized use of your account.
3.4 OAuth Sign-In Data
If you sign in with Google, Discord, or with Sign in with Apple where offered, you authorize the relevant provider to share limited account information with us as described in our Privacy Policy. We use that information only to authenticate you, create or maintain your OpenFret account, and provide sign-in functionality.
4. Payments and Refunds
4.1 Paid Features
Certain features of the Service, including the full OpenFret RPG game, require a one-time payment. All payments are processed securely through Stripe. Prices are listed in USD and may be subject to applicable taxes.
4.2 Refund Policy
You may request a full refund within thirty (30) days of your purchase date, regardless of usage. To request a refund, contact us using the information provided in Section 22. Refund requests made after the 30-day period will not be honored.
4.3 No Monetary Value
Any virtual items, in-game currency, progress, achievements, or other digital content obtained through the Service have no real-world monetary value and cannot be exchanged for cash, transferred, or sold.
5. User Content and Ownership
5.1 User-Generated Content
The Service allows you to upload, submit, store, and share content including but not limited to guitar photos, audio recordings, music files, comments, session contributions, and other materials ("User Content").
5.2 License Grant to Operator
By uploading or submitting User Content to the Service, you grant the Operator a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, modify, publish, display, perform, distribute, and otherwise use that content only as necessary to operate, secure, moderate, improve, and promote the Service and its community features. This license ends when your User Content is deleted from the Service, except to the extent the content has been shared publicly, incorporated into collaborative content, retained in backup systems for a limited time, or preserved to comply with law or resolve disputes.
5.3 Feedback
If you send us ideas, suggestions, or feedback about the Service, you grant the Operator a worldwide, perpetual, irrevocable, royalty-free license to use that feedback without restriction and without compensation to you.
5.4 Your Representations
You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third party's intellectual property or other rights; (c) you have obtained all necessary permissions from any individuals depicted in your User Content; and (d) if you upload audio, music, or recordings, you have the rights necessary to upload, share, and license that material through the Service.
5.5 Public Nature of Content
User Content uploaded to collaborative features, sessions, or community areas may be visible to and accessible by other users. You upload content at your own risk.
5.6 Removal and Enforcement
We may remove, restrict, or disable access to any User Content, and may suspend or terminate accounts, if we believe content violates these Terms, creates legal risk, or may harm the Service, other users, or third parties.
6. Automated and Experimental Features
The Service may include automated tools, recommendations, moderation systems, or experimental features. These features may change, be suspended, or be removed at any time without notice.
Any automated output, recommendation, moderation decision, or beta feature result is provided "as is" and may be incomplete, unavailable, or inaccurate. You are responsible for reviewing outputs before relying on them.
7. Prohibited Conduct
You agree not to:
- violate any applicable laws or regulations;
- upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- infringe upon any third party's intellectual property rights;
- attempt to gain unauthorized access to the Service or other accounts;
- interfere with or disrupt the Service;
- upload malware, viruses, or harmful code;
- use automated means to access the Service without permission;
- engage in any activity that could harm minors.
8. Content Moderation
We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our sole discretion. We may use automated moderation tools to screen content. We are not responsible for any User Content uploaded by users.
If you believe content on the Service infringes your copyright or other rights, contact us at [email protected] with enough detail for us to investigate. We may remove allegedly infringing content, disable access to it, and terminate repeat infringers at our discretion.
9. Intellectual Property
The Service, including all software, design, graphics, text, and other content excluding User Content, is owned by the Operator and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any portion of the Service without express written permission.
10. Service Availability and Termination
10.1 No Guarantee of Availability
THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL CONTINUE TO OPERATE INDEFINITELY. WE MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE, OR ANY PART OF IT, AT ANY TIME, WITH OR WITHOUT NOTICE, FOR ANY REASON OR NO REASON.
10.2 Discontinuation of Service
IN THE EVENT THAT WE DISCONTINUE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: (A) ALL USER CONTENT, ACCOUNT DATA, AND GAME PROGRESS MAY BE PERMANENTLY DELETED; (B) WE HAVE NO OBLIGATION TO MAINTAIN THE SERVICE FOR ANY PERIOD OF TIME; (C) WE HAVE NO OBLIGATION TO PROVIDE ADVANCE NOTICE OF DISCONTINUATION; AND (D) ANY REFUNDS WILL BE LIMITED TO THE REFUND TERMS IN SECTION 4 OR AS OTHERWISE REQUIRED BY LAW.
10.3 Account Termination
We may terminate or suspend your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
10.4 Individual Developer Operation
OpenFret is operated by an individual developer. If the Operator dies, becomes incapacitated, or otherwise cannot continue running the Service, the Service may be suspended or discontinued without advance notice. Your rights and remedies in that event remain limited by these Terms, including the refund policy, disclaimer of warranties, and limitation of liability provisions.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INCLUDING AUTOMATED OUTPUTS, USER CONTENT, OR THIRD-PARTY CONTENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL THE OPERATOR'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO THE OPERATOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Operator from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 15, any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of such courts.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Informal Resolution and Mandatory Arbitration
Before starting arbitration or filing a court claim that is allowed under these Terms, you and the Operator agree to first attempt to resolve the dispute informally by sending written notice to [email protected] and allowing at least thirty (30) days for a response.
Except for disputes that qualify for small claims court, you and the Operator agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the Service — including disputes regarding the existence, validity, interpretation, performance, breach, or termination of these Terms — shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.
15.2 Class Action Waiver
YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT IN YOUR OR THE OPERATOR'S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
15.3 Opt-Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
15.4 Arbitration Procedure
Any arbitration shall be conducted in Michigan, United States, or via videoconference at the arbitrator's discretion. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Operator shall pay all AAA filing fees for claims not exceeding $10,000 unless the arbitrator finds the claim frivolous.
15.5 Time Limit to Bring Claims
To the maximum extent permitted by law, any claim arising out of or related to the Service or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred.
16. Force Majeure
The Operator shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond the Operator's reasonable control, including but not limited to: acts of God; war; armed conflict; terrorism; civil unrest or riots; military service, conscription, mobilization, or deployment of the Operator; national emergencies or martial law; internet, hosting, or telecommunications outages; server failures or data center disruptions; cyberattacks, hacking, or denial-of-service attacks; natural disasters; pandemics or public health emergencies; government actions, sanctions, regulations, or orders; labor disputes; or failures or outages of third-party infrastructure or service providers, including hosting, storage, payment, authentication, analytics, email, or moderation providers. In any such event, the Operator's obligations will be suspended for as long as the force majeure condition persists, and no liability shall attach to the Operator except as required by law.
17. No Data Backup Obligation
WE DO NOT GUARANTEE THAT USER CONTENT WILL BE PRESERVED, BACKED UP, OR RECOVERABLE AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF ANY CONTENT YOU UPLOAD TO THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR DESTRUCTION OF USER CONTENT ARISING FROM TECHNICAL FAILURES, SECURITY INCIDENTS, SERVICE TERMINATION, FORCE MAJEURE EVENTS, OR ANY OTHER CAUSE. THIS INCLUDES GAME PROGRESS, PRACTICE DATA, SESSION RECORDINGS, GUITAR INVENTORY ENTRIES, AND ALL OTHER USER DATA.
18. No Liability for Third Parties Related to the Operator
These Terms do not create liability for the Operator's family members, heirs, personal representatives, household members, contractors, or agents solely because of their relationship to the Operator. To the maximum extent permitted by law, any claim arising out of or relating to the Service must be asserted only against the Operator identified in these Terms and remains subject to the limits and exclusions stated here.
Nothing in this section limits liability that cannot be limited under applicable law.
19. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. If the class action waiver in Section 15.2 is found unenforceable, the entire arbitration agreement in Section 15 shall be void.
21. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Operator regarding the Service and supersede all prior agreements and understandings.
22. Contact Information
If you have any questions about these Terms, please contact us at: