Terms of Use for SmashTunes

Last updated: 6-5-2025

Welcome to SmashTunes. These Terms of Use (“Terms”) govern your download, installation, access to, and use of SmashTunes, a macOS application provided by SmashBits / Hendrik van der Linde (“SmashBits”, “we”, “us”, or “our”). By downloading, installing, purchasing, accessing, or using SmashTunes, you agree to these Terms. If you do not agree, do not download, install, purchase, access, or use SmashTunes.

1. The Application

SmashTunes is a macOS menu-bar application that displays and controls currently playing music from supported music services and applications. Depending on your configuration and the features you use, SmashTunes may interact with Apple Music / Music, Spotify, Volumio, ListenBrainz, MusicBrainz, macOS Automation permissions, keyboard shortcuts, widgets, artwork, playlists, ratings, “love”, “like”, “dislike”, scrobbling, and related music-control functionality.

SmashTunes may allow you to play, pause, skip, go to a previous track, shuffle, repeat, assign keyboard shortcuts, display track information and artwork, add tracks to your library or playlists, rate or love tracks, interact with Spotify features, control Volumio, and scrobble listening history to ListenBrainz where you enable those integrations.

2. Eligibility

You may use SmashTunes only if you are legally capable of entering into a binding agreement. If you use SmashTunes on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

3. License

Subject to your compliance with these Terms and any applicable purchase, subscription, App Store, or platform rules, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use SmashTunes on macOS devices that you own or control.

SmashTunes is licensed, not sold. We retain all rights, title, and interest in and to SmashTunes, including all software, design, text, graphics, logos, icons, and other materials, except for third-party materials, services, trademarks, or content that belong to their respective owners.

4. App Store and Platform Terms

If you obtain SmashTunes through the Apple App Store, your use of SmashTunes is also subject to Apple’s applicable App Store terms, rules, and policies. If there is a conflict between these Terms and Apple’s terms, Apple’s terms may apply to the extent required by Apple for App Store distribution.

Apple is not responsible for SmashTunes, its support, its content, or any claims relating to SmashTunes, except as required by applicable law or Apple’s own terms.

5. Permitted Use

You may use SmashTunes for personal use or internal business use in accordance with these Terms. You are responsible for your own device, macOS configuration, music-service accounts, permissions, internet connection, and third-party-service settings.

You agree not to:

copy, modify, distribute, sell, rent, lease, sublicense, or otherwise exploit SmashTunes except as expressly permitted by these Terms;
reverse engineer, decompile, disassemble, or attempt to derive the source code of SmashTunes, except where applicable law gives you a non-waivable right to do so;
use SmashTunes to violate the rights of others or the terms of any third-party music service;
interfere with, damage, overload, or bypass the security of SmashTunes or any third-party service;
use SmashTunes in a way that is unlawful, abusive, deceptive, or harmful;
remove or alter copyright, trademark, or other proprietary notices;
use SmashTunes to automate or manipulate third-party services in a way that breaches their rules.

6. Third-Party Services and Integrations

SmashTunes works with, or may provide features for, third-party applications and services, including Apple Music / Music, Spotify, Volumio, ListenBrainz, and MusicBrainz. These services are provided by third parties and are not controlled by SmashBits.

Your use of third-party services is governed by the terms, policies, permissions, and technical limitations of those third parties. You are responsible for complying with those terms. SmashBits is not responsible for third-party services, third-party accounts, music catalogs, metadata, artwork, playback availability, API changes, outages, authentication systems, tokens, rate limits, policy changes, or any loss or change of functionality caused by a third party.

Third-party integrations may require you to grant permissions or provide tokens. For example, Spotify features may require access to your Spotify account, and ListenBrainz scrobbling may require you to provide a ListenBrainz user token. You can choose not to enable such integrations, but some SmashTunes features may then be unavailable.

7. macOS Permissions and Automation

Some SmashTunes features require macOS permissions, including Automation permissions that allow SmashTunes to control or communicate with supported music applications. If you deny or later revoke these permissions, SmashTunes may not work as expected.

You are responsible for reviewing permission prompts and granting only the permissions you are comfortable granting. SmashBits is not responsible for functionality that is unavailable because required permissions were denied, revoked, blocked, restricted by macOS, or changed by Apple.

8. Music Libraries, Playlists, Ratings, Likes, and Scrobbling

SmashTunes can perform actions that affect your music experience, such as adding tracks to your music library or playlists, rating tracks, loving or liking tracks, disliking tracks, skipping tracks, and scrobbling listening history to ListenBrainz when enabled.

You are responsible for how you configure SmashTunes and for actions triggered by menu selections, widgets, keyboard shortcuts, automation, ratings, likes, dislikes, or other settings. SmashBits is not responsible for unwanted library changes, playlist changes, ratings, likes, dislikes, skipped tracks, scrobbles, or similar actions caused by your configuration, third-party-service behavior, macOS behavior, or accidental use.

9. Purchases, Trials, Pricing, and Refunds

SmashTunes may be offered as a paid application, a free trial, a freemium application, a one-time purchase, an App Store purchase, or through another pricing model. Prices, features, availability, and purchase models may change over time.

If SmashTunes is purchased through the Apple App Store, billing, taxes, refunds, chargebacks, family sharing, and purchase issues are generally handled by Apple according to Apple’s rules. SmashBits may not be able to issue refunds directly for App Store purchases.

Unless expressly stated otherwise, purchases give you the right to use the version of SmashTunes made available under the applicable purchase terms. They do not guarantee indefinite compatibility with future macOS versions, future third-party-service APIs, or future hardware.

10. Updates and Changes

We may provide updates, bug fixes, feature changes, compatibility updates, or other modifications to SmashTunes. We may also remove or alter features, especially where changes are required because of macOS updates, Apple Music changes, Spotify API changes, Volumio changes, ListenBrainz changes, security requirements, maintenance needs, or other technical or legal reasons.

We do not guarantee that SmashTunes will support every macOS version, music application version, third-party-service version, hardware configuration, or account type. Some features may stop working if a third-party service or operating system changes.

11. Privacy

Your use of SmashTunes is also subject to the SmashTunes Privacy Statement. The Privacy Statement explains what data SmashTunes does or does not collect and whether data is shared with third parties.

If a third-party integration is enabled, the relevant third-party service may process data according to its own terms and privacy policy. SmashBits is not responsible for third-party privacy practices.

12. Feedback

If you send us ideas, suggestions, bug reports, feature requests, or other feedback, you grant SmashBits a worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving SmashTunes, without obligation to compensate you or credit you.

You agree that feedback you provide is not confidential unless we have separately agreed otherwise in writing.

13. Intellectual Property

SmashTunes, SmashBits, and related names, icons, designs, software, text, graphics, and materials are protected by copyright, trademark, and other intellectual-property laws. You may not use our names, branding, icons, or materials in a way that suggests endorsement, affiliation, or ownership without permission.

Apple, Apple Music, macOS, Spotify, Volumio, ListenBrainz, MusicBrainz, and other names, logos, trademarks, and services are the property of their respective owners. Reference to third-party services does not imply endorsement by those third parties.

14. Open Source Software

SmashTunes may include, use, or be distributed with open source software, libraries, frameworks, or other third-party components. Those components are licensed by their respective owners under their own open source or third-party license terms.

Nothing in these Terms is intended to limit your rights under any applicable open source license. To the extent there is a conflict between these Terms and the license terms for an open source component, the open source license terms will control for that component only.

Open source components are generally provided by their authors and contributors “as is”, without warranties or liability to the extent permitted by the applicable license and law. SmashBits is not responsible for open source components except to the extent required by applicable law or by the relevant license terms.

Where required, open source notices, license texts, copyright notices, or attribution information may be provided in SmashTunes, on the SmashTunes website, in accompanying documentation, or in another reasonable location.

15. Support

We may provide support by email, website, documentation, or other channels. Support is provided on a reasonable-efforts basis and is not guaranteed to be available within a particular timeframe or for every issue.

We may be unable to fix issues caused by macOS changes, third-party-service changes, account restrictions, unsupported configurations, denied permissions, hardware issues, or bugs in third-party applications or services.

16. No Warranties

SmashTunes is provided “as is” and “as available.” To the maximum extent permitted by law, SmashBits disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, reliability, accuracy, and compatibility.

We do not warrant that SmashTunes will be uninterrupted, secure, error-free, compatible with all devices or macOS versions, compatible with all third-party services, or that any defects will be corrected.

Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

17. Limitation of Liability

To the maximum extent permitted by law, SmashBits will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, music-library information, playlist information, account access, goodwill, or business opportunity, arising out of or related to SmashTunes or these Terms.

To the maximum extent permitted by law, SmashBits’ total liability for any claim arising out of or related to SmashTunes or these Terms will not exceed the amount you paid for SmashTunes in the twelve months before the event giving rise to the claim, or EUR 10 if you paid nothing.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

18. Indemnity

You agree to indemnify and hold harmless SmashBits from and against claims, damages, losses, liabilities, costs, and expenses arising from your misuse of SmashTunes, your violation of these Terms, your violation of third-party-service terms, or your violation of any law or third-party right.

19. Termination

These Terms remain in effect until terminated. You may terminate them at any time by uninstalling SmashTunes and ceasing all use.

We may suspend or terminate your license to use SmashTunes if you violate these Terms or if continued provision of SmashTunes becomes unlawful, impractical, or harmful. Upon termination, you must stop using SmashTunes and delete all copies in your possession or control.

Sections that by their nature should survive termination will survive, including intellectual property, feedback, disclaimers, limitation of liability, indemnity, governing law, and general provisions.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may provide notice through the website, the application, the App Store, or another reasonable method. The updated Terms will apply from the date stated at the top of the Terms or from the date they are made available, unless otherwise required by law.

Your continued use of SmashTunes after changes become effective means you accept the updated Terms. If you do not agree to the updated Terms, stop using SmashTunes.

21. Governing Law

These Terms are governed by the laws of The Netherlands, unless mandatory consumer-protection laws in your country of residence require otherwise.

If you are a consumer in the European Union, you may have mandatory rights under the laws of your country of residence. Nothing in these Terms limits those rights where they cannot legally be limited.

22. General

These Terms, together with any applicable Privacy Statement and purchase terms, form the entire agreement between you and SmashBits regarding SmashTunes.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign or transfer your rights under these Terms without our consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, sale of assets, reorganization, or operation of law.

23. Contact

For questions about SmashTunes or these Terms, please contact:

SmashBits / Hendrik van der Linde
Website: https://www.smashbits.nl/smashtunes/
Email: support