Terms of Service

1. The Service

Attacca provides access to a curated catalog of musical scores that have been verified as public domain in the United States, together with tools for organizing, viewing, annotating, and using those scores. The Service includes a searchable catalog, an iPad application with reader and practice tools, library synchronization, and related features.

2. Public Domain Content and Jurisdictional Responsibility

2.1 United States Public Domain Standard

All musical scores in Attacca's catalog have been verified as public domain under the copyright law of the United States. We apply a multi-gate verification process described in detail at attacca.fm/verification, including verification at ingestion, storage, catalog inclusion, and serving.

2.2 International Users

Public domain status varies by jurisdiction. A musical work that is in the public domain in the United States may not be in the public domain in your country of residence.

By using the Service, you acknowledge and agree that:

• Attacca makes no representation or warranty that any score in our catalog is in the public domain in any jurisdiction outside the United States;
• You are solely responsible for ensuring that your use, download, performance, or distribution of any score complies with the copyright law of your country of residence and any other applicable jurisdiction;
• Attacca's verification of United States public domain status is based on publicly available information and source determinations. While we apply multiple independent verification gates and maintain audit records for each file, no copyright determination is infallible;
• The Service may, at our discretion, restrict access to specific content based on the apparent jurisdiction of the requesting user, including by returning an HTTP 451 response or equivalent indication that the content is unavailable in that jurisdiction. Such restrictions are an implementation of our policy of conservative jurisdictional compliance, not an indication of arbitrary content moderation.

2.3 Reporting Suspected Errors

If you believe any score in our catalog is incorrectly identified as public domain in the United States, please contact us at dmca@attacca.fm with details. We will investigate promptly and, if warranted, remove the content while preserving our verification audit record.

3. Accounts

3.1 Account Creation

You may create an account using Google, Apple, or other supported authentication methods. By creating an account, you represent that the information you provide is accurate and that you are at least 13 years of age (or the age of digital consent in your jurisdiction, if higher).

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@attacca.fm of any unauthorized access.

3.3 Termination

We may suspend or terminate your account if you violate these Terms, attempt to circumvent the Service's technical limitations, abuse the Service in ways that harm other users or our infrastructure, or engage in conduct that we determine in good faith to be incompatible with the Service's purpose.

4. Subscriptions and Payments

4.1 Free Tier

Attacca offers a free tier that includes a limited number of score downloads per month and full access to reader features for downloaded content. The current free-tier limit is published in the application and on attacca.fm/faq.

4.2 Paid Subscriptions

Paid subscriptions are available in the following tiers, at the rates published at attacca.fm:

• Monthly subscription, billed every month.
• Annual subscription, billed once per year.

4.3 Payment Processing

Subscriptions purchased through our website are processed by Stripe, Inc. Subscriptions purchased through the iOS application are processed through Apple's App Store. If and when an Android application is offered, subscriptions purchased through it will be processed through Google Play. By subscribing, you authorize the relevant payment processor to charge your payment method on a recurring basis until you cancel.

4.4 Auto-Renewal and Cancellation

Both subscription tiers automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date.

Cancellation is always available and never requires contacting us. You can cancel a subscription at any time through:

• Your account settings on attacca.fm (for website subscriptions processed by Stripe);
• The App Store subscription management interface (for iOS subscriptions, found in Settings → your name → Subscriptions);
• By emailing support@attacca.fm from your account email.

App Store subscriptions follow Apple's policy: cancel at least 24 hours before the renewal date to prevent the next charge. Stripe subscriptions can be cancelled at any time before the renewal date through your account settings, and your access continues through the end of the period already paid for.

For annual subscriptions, we will send a renewal reminder by email at least 7 days before each renewal at the address associated with your account. The reminder includes the renewal date, the amount that will be charged, and a direct link to cancel.

If we materially change the auto-renewal terms, including price, frequency, or what is included in the tier, we will notify you by email at least 30 days before the change takes effect and you may cancel before the change without penalty.

4.5 Refunds

We do not generally offer refunds for partial subscription periods, except where required by law. For subscriptions purchased through the App Store, refunds are governed by Apple's refund policy. For subscriptions purchased through our website, please contact support@attacca.fm if you believe a refund is warranted.

4.6 Price Changes

We may change subscription prices for new subscribers at any time. For existing subscribers, we will provide at least 30 days' notice before any price increase takes effect, and you may cancel before the increase if you do not wish to continue at the new price.

5. Permitted Use

5.1 Permitted Use

You may use the scores in Attacca's catalog for any lawful purpose consistent with the public domain status of the content, including personal use, performance, study, teaching, arrangement, and commercial use to the extent permitted under applicable copyright law.

5.2 Prohibited Use

You may not:

• Attempt to circumvent any technical limitations of the Service, including download limits applicable to your subscription tier;
• Use automated tools to access the Service in ways that materially degrade service availability for other users, attempt to circumvent subscription tier limits, or systematically extract Attacca's catalog or metadata for use in a service that substantially replicates Attacca's offering. Legitimate research, archival, or interoperability use that respects rate limits and does not violate other provisions of this Section 5 does not require prior permission;
• Resell, redistribute, or republish more than 100 distinct works from Attacca's catalog, or any of Attacca's metadata, search index, or catalog organization, for the purpose of building a service that substantially replicates Attacca's offering;
• Use the Service to upload, store, or distribute content that you do not have the right to use, including but not limited to copyrighted scores not in the public domain;
• Attempt to interfere with the proper operation of the Service, including through denial-of-service attacks, malicious code, or unauthorized access attempts;
• Use the Service to violate any applicable law or regulation.

5.3 User-Generated Content

The Service permits you to upload your own scores, scans, and annotations to your personal library, and to create annotations on existing scores. You retain all rights to user-generated content you upload, but you grant Attacca a limited, non-exclusive license to store, process, and display such content as necessary to provide the Service to you.

You represent and warrant that you have the right to upload any content you contribute to the Service and that such content does not infringe any third party's copyright, trademark, or other rights.

6. Intellectual Property

6.1 Our IP

The Attacca name, logo, application, website, software, design, and metadata curation are the property of Attacca and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use Attacca's intellectual property except as necessary to use the Service.

6.2 Public Domain Content

Musical scores in Attacca's catalog are in the public domain in the United States. Attacca does not claim copyright in the underlying public domain works. You are free to use, copy, perform, and distribute public domain content in accordance with applicable law.

6.3 Metadata and Curation

While the underlying public domain works are not subject to copyright, Attacca's metadata, descriptions, organization, search index, and other curated elements are the product of Attacca's editorial and engineering work. You may not extract, copy, or republish Attacca's metadata or catalog organization for the purpose of building a competing service.

7. DMCA and Copyright Claims

7.1 DMCA Notice

If you believe content available through the Service infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) to our Designated Agent:

Your notice must include:

• Identification of the copyrighted work you claim has been infringed;
• Identification of the material on the Service that you claim is infringing, with sufficient detail to allow us to locate it (preferably including the score's identifier in our catalog);
• Your contact information, including address, telephone number, and email;
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf;
• Your physical or electronic signature.

7.2 Counter-Notice

If content you submitted to the Service is removed pursuant to a DMCA notice and you believe the removal was in error, you may submit a counter-notice in accordance with 17 USC 512(g).

7.3 Repeat Infringers

In accordance with 17 USC 512(i)(1)(a), we will terminate the accounts of users who are repeat infringers in appropriate circumstances.

7.4 Misrepresentations

You may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that material is infringing. If you are unsure whether material infringes your copyright, consult an attorney before submitting a notice.

8. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the data practices described there.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, Attacca does not warrant that:

• The Service will be uninterrupted, error-free, or available at any particular time;
• Any specific score will be available in the catalog at any time;
• Defects in the Service will be corrected;
• The Service is free from viruses or other harmful components.

Attacca does not warrant any score's copyright status in any jurisdiction other than the United States, as described in Section 2.

10. Limitation of Liability

To the maximum extent permitted by law, Attacca, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content.

Attacca's total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (i) the amount you paid Attacca in the twelve months preceding the claim, or (ii) $1,000 USD.

11. Indemnification

You agree to indemnify and hold harmless Attacca and its officers, directors, employees, and agents from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.

12. Changes to These Terms

We may modify these Terms from time to time. Material changes will be communicated by email to the address associated with your account, or by prominent notice within the Service, at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes your acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Attacca regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Contact

For questions about these Terms, contact us at legal@attacca.fm.

14.6 Force Majeure

Neither party will be liable for any delay or failure to perform under these Terms to the extent caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, internet or telecommunications failures, power outages, government action, or actions or failures of third-party service providers on which the Service depends. The affected party will take reasonable steps to mitigate the impact and resume performance as soon as practicable.