Effective date: May 23, 2026
These Terms of Use apply to The Original Songwriting Adventurer, published by Jonathan Martin, operating as Nearlight Creative Services ("Nearlight Creative Services," "we," "us," or "our").
Nature of the Tool
The Original Songwriting Adventurer is a creative support tool intended for educational and songwriting workflow assistance only. It is not legal, medical, mental-health, financial, business, or other professional advice.
Your Responsibility
You remain solely responsible for:
- your prompts, lyrics, notes, drafts, exports, and other creative material
- your creative, editorial, legal, business, and publishing decisions
- reviewing and evaluating any outputs generated, suggested, or organized by the app
- ensuring that your work does not infringe any third-party rights
- keeping independent backups of any writing, exports, songs, metadata, business records, or other material that matters to you
- all consequences of using, relying on, publishing, licensing, monetizing, or otherwise acting on material created, revised, organized, exported, or supported by the app
No Warranties
To the fullest extent permitted by applicable law, the app and all related materials are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of:
- accuracy
- reliability
- availability
- merchantability
- fitness for a particular purpose
- non-infringement
- uninterrupted or error-free operation
Limitation of Liability
You use the app voluntarily and at your own risk.
To the fullest extent permitted by applicable law, Nearlight Creative Services is not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, statutory, business, economic, reputational, data-loss, service-interruption, or other loss, damage, cost, expense, claim, demand, liability, or other consequence arising from or relating to:
- access to, use of, misuse of, reliance on, or inability to use the app
- outages, interruptions, delays, bugs, crashes, audio failures, sync failures, storage failures, export failures, subscription issues, App Store issues, iCloud issues, or third-party service issues
- outputs, prompts, suggestions, examples, stories, chord maps, topline sketches, exports, recaps, saved material, or other content generated, organized, displayed, stored, or exported by the app
- publishing, licensing, commercial, creative, editorial, business, or legal decisions made in connection with material created, revised, or supported by the app
- loss of profits, revenue, business, opportunity, data, goodwill, reputation, time, creative material, or expected benefit
This limitation applies whether a claim is based in contract, tort, negligence, strict liability, statute, equity, or any other legal theory, even if Nearlight Creative Services has been advised of the possibility of those damages.
If liability cannot be fully excluded under applicable law, then to the fullest extent permitted by applicable law, Nearlight Creative Services' total cumulative liability for all claims relating to the app or these Terms of Use will not exceed the greater of CAD $50 or the amount you personally paid for the app or app subscription during the 12 months before the event giving rise to the claim, excluding taxes, App Store fees, Apple charges, refunds, chargebacks, or amounts not actually received by Nearlight Creative Services.
Nothing in these Terms of Use attempts to exclude or limit liability, rights, remedies, warranties, or protections that cannot legally be excluded or limited under applicable law. If any part of this section is found unenforceable, the remaining parts should be enforced to the maximum extent permitted by law.
Indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nearlight Creative Services from and against any claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:
- your use or misuse of the app
- your inputs, outputs, exports, published work, shared challenge content, or other material connected to your use of the app
- your violation of these Terms of Use, the Usage Policy, applicable law, or third-party rights
- any allegation that material you input, create, adapt, export, publish, monetize, or share using the app infringes or violates another person's rights
Third-Party Services
Apple-managed services, App Store purchases, iCloud, links, and any third-party services you intentionally access from the app are governed by their own terms, policies, and practices.
Purchases
If you purchase a subscription in the app, billing, renewals, cancellations, free trials, and restoration are handled by Apple under Apple's applicable terms and policies.
Governing Law
Except where mandatory local consumer law requires otherwise, these Terms of Use are governed by the laws of Alberta, Canada, and any dispute shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.
Contact
If you have questions about these Terms of Use, contact support through the support page.