API Terms

These terms apply on top of the Terms of Service and the Acceptable Use rules, for everyone with a SongPort API account, free or paid. They only cover SongPort, not the other activities of On The Bright Side.

If the documents say different things, this order applies: a signed Enterprise quote, then these terms, then the Acceptable Use rules, then the Terms of Service.

• We: On The Bright Side VOF, Joos van den Steenelei 58, 2100 Deurne, Belgium, enterprise number 1041.342.114, VAT BE 1041.342.114, hello@songport.link.
• Customer or you: whoever creates an API account.
• Consumer: a customer who acts as a private individual, not for their business or profession.
• Business: a customer who acts for their business or profession. If you enter a VAT number at checkout, you declare that you act as a business.
• Plan: Sandbox, Indie, Pro or Enterprise, as described on songport.link/developers.
• Call: one request to the API, whether or not the response comes from our cache.
• Portal: the customer portal at songport.link/portal.

Some articles are different for consumers and businesses. Where that is the case, the article says so.

You must be at least 18 to create an API account, also for the free Sandbox plan. You give correct details and keep your email address up to date, because that's where we send invoices and important notices.

There is one free Sandbox account per person or company. You are responsible for all calls made with your API keys. You may only share a key with people in your own company or household who use it for your account (see Acceptable Use). If you think someone else knows your key, create a new one in the portal and disable the old one.

Each plan has a monthly number of calls. A monthly period starts on the day your account was created or the day you moved to a plan with more calls, and runs for one month at a time. It doesn't follow the calendar month.

Each plan also has technical limits per minute and per day, for example for lookups that don't come from our cache. Those limits are in the documentation on songport.link/developers.

When you reach a limit, the API returns an error (HTTP 429) until the limit frees up or you take a bigger plan. We never charge for extra calls unless you change plans yourself. We email you at 80% and at 100% of your monthly limit.

We may change or stop the free Sandbox plan. We announce that by email at least 30 days in advance.

We record Enterprise arrangements in a separate quote or purchase order. It refers to these terms and takes precedence where it explicitly departs from them.

The current prices are on songport.link/developers. They are final prices in euros per month, VAT included. You always pay the amount we show, for example €9 for Indie and €29 for Pro.

Stripe works out automatically which part of that is VAT, based on your country and on whether you buy as a business:

• Consumer: the amount shown, including the VAT that applies to you.
• Business in Belgium: the amount shown, including 21% VAT. For €9 that is €7.44 plus €1.56 VAT, for €29 it is €23.97 plus €5.03 VAT.
• Business in another EU country with a valid VAT number: the reverse-charge rule. You pay the amount shown, the invoice states 0% VAT and that the VAT is reverse-charged, and you declare the VAT yourself in your own country.
• Outside the EU: the amount shown, including any taxes we may have to collect there.

Every invoice states the VAT amount or the reason why there is no VAT.

A discount code only applies under the conditions stated with the code.

Payments go through Stripe, with the payment methods Stripe shows at checkout. We don't see or store your card or bank details. You always pay in advance for the next monthly period. You get an invoice for each payment by email and in the portal.

If a payment fails, Stripe tries again and you get an email. Your plan stays active during that time. If the last attempt also fails, your subscription ends and you go back to the Sandbox plan. Your account and API keys stay.

A paid plan runs per month and renews automatically until you cancel. There is no minimum term.

You cancel in the portal via "Manage subscription", at any time and without giving a reason. You can also cancel by email to hello@songport.link. Your subscription then runs until the end of the period you already paid for, and after that you go back to Sandbox. We don't refund a partial month, except in the cases of articles 7, 8, 9, 10, 11, 12 and 15.

If you change plans, Stripe charges the difference for the current period pro rata or settles it on your next invoice.

If you're a consumer, you may withdraw from the contract within 14 days of taking out your first paid subscription, without giving a reason. The day you sign up doesn't count: if you signed up on 3 October, you can withdraw up to and including 17 October (Belgian time).

After you withdraw, your plan stops right away and you go back to the free Sandbox plan. We refund everything you paid for that subscription, even if you already used the API, using the same payment method. We start the refund right away; it reaches your account within 14 days, usually within 10.

You withdraw with the "Withdraw from contract" button in the portal, by email or with the model form. It's all on songport.link/terms/withdrawal.

This right applies to your first paid subscription, not to every monthly renewal. If you switch to another plan within the 14 days, it stays the same subscription and the same period applies. If you entered a VAT number at checkout, you take the plan as a business and this article doesn't apply.

• Price change. We announce a price increase by email at least 30 days in advance. If you don't agree, you can cancel free of charge before the new price takes effect.
• Change to the API. We announce changes that break existing integrations (for example a field that disappears) at least 30 days in advance, unless a platform forces us to act faster. If such a change is materially unfavourable to you, you can cancel free of charge and we refund the unused part of the current period.
• Discontinuation. If we stop the paid API, we announce it at least 30 days in advance and refund the unused part of the current period.

The API fetches data from Spotify, Apple Music, YouTube, TIDAL, Deezer, SoundCloud and MusicBrainz, among others. Those platforms decide about their own data and access. If a platform changes or limits its access, we may remove that platform from the API temporarily or for good. That is not a failure on our part, unless we caused the loss of access ourselves. We let you know by email as soon as possible.

If a platform that is essential to you drops out, you can cancel free of charge and we refund the unused part of the current period.

You use the results according to the rules in Acceptable Use, including the 30-day retention limit.

10.1 Availability

We do our best to keep the API available and correct. We don't promise any particular availability or response time and don't offer fixed compensation for outages, unless an Enterprise agreement says otherwise. Results can be wrong or incomplete, for example if a platform removes a track or describes it differently (see Terms of Service, article 2). This article does not affect 10.2 and 10.5.

10.2 Legal guarantee for consumers

If you're a consumer, you have the legal guarantee for digital services: the API must conform to the contract for the whole term of your subscription. It must do what we describe on songport.link/developers and in the documentation, and what you can reasonably expect from a service of this kind.

If the API doesn't work as it should, report it to hello@songport.link. We then bring it into conformity free of charge and within a reasonable time. If that fails, if we refuse, or if the problem is serious, you are entitled to a proportionate price reduction, or you can end the contract and get back the part of the price for the period in which the API was not in conformity. During the term of your subscription, it is up to us to prove that the API was in conformity.

10.3 Liability towards businesses

If you're a business:

1. We are not liable for indirect damage, such as lost profit or revenue, costs for your own product or services, loss of data, damage to your reputation or claims from your own customers.
2. Our total liability is limited to the amount you paid us in the 3 months before the event that caused the damage.
3. If we don't deliver the service you paid for, you always keep the right to cancel and to get back the fee for the period in which we didn't deliver.
4. Report a problem as soon as possible, and no later than 30 days after you noticed it.

10.4 Liability towards consumers

If you're a consumer, we are liable under the ordinary rules of law. We are not liable for damage we could not reasonably foresee when the contract was made, nor for damage caused by force majeure or by a platform dropping out under article 9 that we did not cause ourselves.

10.5 What always applies

The limitations in this article never apply to damage caused by intent, gross negligence or fraud by us or by people working for us, to damage to life or health, or where the law forbids them. Towards consumers, they also don't apply if we fail to meet one of our main obligations, except in case of force majeure.

In case of serious abuse (for example fraud, reselling keys, attacks on the service, or a breach a platform holds against us), we may suspend your access right away and without prior notice. We then tell you why by email. In other cases we first send a warning and give you 7 days to fix it.

If you disagree with a suspension, email hello@songport.link. We reply within 10 working days.

If we rightly suspend or end your access because of a serious breach, we don't refund anything. If we end your subscription for another reason, we refund the unused part of the current period.

12.1 How you accept

You accept these terms, the Terms of Service and the Acceptable Use rules explicitly, by ticking a box that is not ticked in advance:

• when you create your account, together with confirming that you are 18 or older. We don't create an account without that tick;
• when you check out a paid plan. No paid plan starts without that tick.

We record every acceptance: your account, the document, the version, the time and where you accepted (account creation, checkout or portal). When you create your account and in the portal, we also store a hashed version of your IP address. This lets us show which version applies to you. How long we keep this is in the Privacy Policy. You also get the version you accepted by email.

12.2 New versions

Minor changes (for example a clarification or new contact details) and changes the law requires us to make are published on this page, with the date they take effect.

We announce material changes by email and in the portal at least 30 days before they take effect, with a short explanation of what changes. To keep using the API after that, you have to accept the new version explicitly in the portal. Until the effective date, the previous version still applies and your API keys keep working.

12.3 If you don't accept the new version

You can always cancel free of charge before the new version takes effect.

If you click "I don't agree" in the portal, or you haven't accepted the new version by the effective date:

• your API keys return an error (HTTP 403) from the effective date and you no longer have access to the portal, except for the billing page, where you can cancel and find your invoices. You can always ask us by email to delete your account;
• your paid plan stops: right away when you click "I don't agree" and confirm, otherwise on the effective date. We refund the unused part of the current month: what you paid for that month, times the time that's left, divided by the length of the month, rounded down to the cent. If that month wasn't paid, there is nothing to refund. You get the amount back on the same payment method, with a confirmation by email. So you never pay for a period in which you can't use the API;
• your account stays, on the Sandbox plan. If you accept later after all, your keys work again right away and you can take a paid plan again.

If you're a consumer and your withdrawal period is still running (article 7), you can withdraw instead and get everything back.

After you cancel, your account stays on the Sandbox plan. If you don't use it for 12 months, we delete it, after emailing you 30 days in advance. We keep invoices for as long as accounting law requires (10 years). We keep the proof of your acceptances as described in the Privacy Policy. You can have your account deleted at any time via the portal or by email.

We only mention your name or show your logo as a reference if you explicitly gave us permission to do so.

We are not liable for a failure caused by circumstances beyond our control, such as outages at hosting or payment providers, internet or power failures, changes or blocks by platforms, attacks on the service or government measures. If the force majeure lasts longer than 30 days, either of us can end the contract. You then get back the unused part of the current period.

Send a complaint to hello@songport.link. We reply within 10 working days. If you're a consumer and we can't work it out together, you can turn to the Belgian Consumer Mediation Service (consumentenombudsdienst.be).

For applicable law, the competent court and language, articles 10 and 11 of the Terms of Service apply.