Terms of Service — Guess The Song

1. The parties, and what this agreement is

These Terms of Service (“Terms”) are a binding agreement between:

you, the person who downloads, installs or uses the app (“you”); and
Maksym Myronenko, an individual sole developer based in Ukraine (“we”, “us”, “our” or “the Developer”).


Licensor / provider	Maksym Myronenko (a natural person, sole developer — not a company)
Contact email	maximusik2@gmail.com
App	Guess The Song, iOS 17 or later, iPhone, portrait, dark appearance
Bundle identifier	com.myronenkomaksym.guessthesong
Website	https://guessthesong.pro

Email is our only contact channel. We do not publish a postal address; if you need one for formal service of a legal notice or a written claim, email maximusik2@gmail.com and we will provide it on request.

These Terms are also the app’s End User Licence Agreement. They are intended to include, and where necessary to be read as including, at least the minimum terms required by Apple for a custom EULA, as set out in Schedule 2 of the Apple Developer Program Licence Agreement and Apple’s standard Licensed Application End User Licence Agreement. Where anything in these Terms would fall short of that minimum, Apple’s standard Licensed Application End User Licence Agreement applies to fill the gap: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

By downloading, installing or using the app, you accept these Terms. If you do not accept them, do not use the app — and delete it.

1.1 This agreement is with us, not with Apple

You acknowledge that these Terms are concluded between you and the Developer only, and not with Apple. Apple is not a party to this agreement.

The Developer, not Apple, is solely responsible for the app and its content. Apple has no obligation whatsoever to provide any maintenance or support services in relation to the app.

Your use of the app is also subject to the Apple Media Services Terms and Conditions and the App Store Terms of Service between you and Apple: https://www.apple.com/legal/internet-services/itunes/

2. Licence

2.1 What you get

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the app for your own personal, non-commercial use, on any Apple-branded device that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.

This licence permits use of the app on Apple-branded devices you own or control, and, where Family Sharing or volume purchasing applies, by other members of your Family Sharing group or the other users permitted under those Apple rules.

2.2 What you do not get

The app is licensed to you, not sold. You acquire no ownership in it. All rights not expressly granted in these Terms are reserved by us and by our licensors.

You may not:

copy the app, except as permitted by this licence or by Apple’s Usage Rules;
distribute, resell, rent, lease, lend, sublicense or make the app available over a network where it could be used by multiple devices at once;
modify, adapt, translate or create derivative works of the app;
reverse engineer, decompile or disassemble the app, or attempt to derive its source code, except to the extent that applicable law expressly permits this notwithstanding a contractual prohibition (for example the interoperability provisions of EU Directive 2009/24/EC);
remove, obscure or alter any proprietary notice.

2.3 Scope of the licence and third-party terms

Where any third-party terms of agreement apply to the app or to services accessed through it, you must comply with them. In particular, the audio previews played in the app are provided through Apple’s services and remain subject to Apple’s terms.

You agree that we may collect and use technical data and related information — including, but not limited to, technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the app.

We may use this information, as long as it is in a form that does not personally identify you, to improve our products and to provide services or technologies to you.

Exactly what we collect, why, on what lawful basis, how long we keep it and how to exercise your data protection rights is set out in the Privacy Policy, which forms part of these Terms. Please read it — in short: we collect no name, no email, no password and no advertising identifier.

4. Eligibility and age

You must be at least 13 years old to use the app.

If you are under the age of majority in your country of residence (18 in most countries) but at least 13, you may use the app only with the consent and supervision of your parent or legal guardian. In that case:

your parent or guardian must read and accept these Terms on your behalf and in their own name, and by allowing you to use the app they do so;
your parent or guardian is responsible for your use of the app and for any purchase made through it.

If you are a parent or guardian and you do not consent, remove the app from the device. You can also use Apple’s Screen Time and Family Sharing / Ask to Buy controls to prevent downloads and in-app purchases.

The app is a general-audience music quiz. It is not directed at children under 13, and it is not directed at children under 16 in EU/EEA member states that set the digital-consent age at 16. See section 11 of the Privacy Policy for what a parent should do if a child has used the app.

5. Your account: anonymous, device-bound, and easy to lose

There is no sign-up. There is no username, no password and no email address. When you first open the app it creates an anonymous account tied to that installation on that device, and stores a device authentication token in the iOS Keychain.

Please read this warning carefully, because it affects data you may care about.

Because your account exists only on your device and we hold no email address or password for you, we have no reliable way to recognise you on a different device or after a reinstall.

If you delete the app, reset or erase your iPhone, or move to a new device, your game progress — scores, streaks, progression, history — may be permanently lost, and we will usually be unable to recover or transfer it.
We cannot merge two installations, and we cannot move progress from one device to another on request.
Your subscription is different. Your Premium subscription belongs to your Apple Account, not to the installation. You can restore it on a new device or after a reinstall using the “Restore Purchases” function in the app, provided you sign in with the same Apple Account that bought it. You will not be charged twice for the same period.

If losing progress matters to you, keep the app installed. We are sorry that this is the trade-off; it is the direct consequence of collecting no identifying information about you.

6. What the app does today

So you know exactly what you are agreeing to, and what you would be paying for:

A round plays a 30-second Apple Music audio preview. What naming the song is worth falls with how much of the recording you have ever heard.

Point reached in the recording	Value of a correct answer
0:00	100% of the payout
0:15	75%
0:30 onward	50% (the floor)

Pausing freezes the price. Replaying ground you have already heard is free.

Score = round(400 × curve factor × the song's difficulty multiplier).
Two solo rulesets: Classic (type the title or the artist) and Arcade (four answers, one correct). Both give you three hearts. Free play removes hearts.
Songs are ranked by global play count; the bottom half of the catalogue is dropped, and the rest is split into 10 difficulty tiers with multipliers from x1.0 to x3.5. Tiers 1–6 are free. Tiers 7–10 are premium.
Free tier limit: 3 games per day, in tiers 1–6 only.
Premium removes the daily limit and unlocks tiers 7–10. See the Subscription Terms.

6.1 Features that are not shipped

Duel 1v1, Friends Room and Hotseat are designed but not shipped. They appear in the app labelled “coming soon”. Leaderboards is currently a placeholder screen.

These are plans, not promises. We give no commitment, no date and no guarantee that any of them will ship, in any particular form, or at all. Do not subscribe on the strength of a feature that has not shipped. The only things a Premium subscription gives you are the two entitlements listed in section 6 and in the Subscription Terms.

6.2 We may change the game

The app is a live product. We may add, change, suspend or remove features, songs, difficulty tiers, scoring rules and game modes, and we may change how the free tier and the premium gate work.

Where a change would materially reduce the entitlements you are paying for, we will give you notice through the app or on https://guessthesong.pro before it takes effect, and you may cancel your subscription (section 10 and the Subscription Terms). Nothing in this section allows us to take away what you have already paid for without giving you the right to cancel, and nothing in it removes your rights under mandatory consumer law.

7. Acceptable use

You agree not to, and not to attempt to, and not to help anyone else to:

reverse engineer, decompile, disassemble or otherwise attempt to extract the app’s source code, save where applicable law expressly permits it;
use bots, scripts, macros, emulators, modified clients, automation or any non-human means to play, answer, or generate scores;
tamper with scoring — falsify, inject, replay or manipulate scores, streaks, hearts, timing or progression data, whether on the device or in transit to our API;
circumvent the free-tier limit of 3 games per day, for example by resetting device time, clearing state, spoofing identifiers or reinstalling to reset the counter;
circumvent the premium gate on difficulty tiers 7–10, or otherwise obtain paid entitlements without paying for them;
extract, scrape, harvest, mirror, republish or build a database from the song catalogue, its metadata, its difficulty tiers or the audio previews;
attack, overload, probe or interfere with the app or our API, including denial-of-service, rate-limit evasion, credential or token forgery, or unauthorised access to another player’s data;
use the app for any unlawful purpose, or in breach of Apple’s terms;
use the app or its content commercially — including in streams, videos or events monetised in a way that reproduces the audio previews or the catalogue beyond what the rights holders permit.

If you breach this section we may suspend or terminate your access under section 10.

8. Music, artwork and third-party rights

The app is a quiz about recorded music. It is not a music service.

The audio previews are 30-second clips supplied through Apple Music / MusicKit. They remain the property of, and are licensed by, their respective rights holders. You may not download, record, extract, re-transmit or redistribute them.
Song titles, artist names, album names and cover artwork belong to their respective owners. They are used in the app to identify recordings for the purpose of a quiz — nominative, identifying use — and not to suggest any commercial connection.
You do not need an Apple Music subscription to play. The app does not read, modify or publish your Apple Music library, playlists or listening history.
No affiliation, no endorsement. Guess The Song is not affiliated with, sponsored by, endorsed by or approved by any artist, songwriter, record label, publisher, rights society, or by Apple Inc. or Apple Music. No such party has reviewed or approved the app, its difficulty tiers, its scoring or its content.

If you are a rights holder and you believe content in the app infringes your rights, email maximusik2@gmail.com with the specific recording or material, the right you hold, and the basis of your claim, and we will investigate promptly and remove or change the content where appropriate.

9. Content you submit

The app does not currently offer public profiles, chat, comments or user-generated content, and it collects no username.

If you send us anything — a bug report, a suggestion, a song request, feedback by email — you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable licence to use it to operate and improve the app, without any obligation of confidentiality, attribution or payment, unless we agree otherwise with you in writing. Please do not send us anything you consider confidential or that you are not free to share.

If we later add features that let you submit content visible to others, we will publish additional rules before those features go live.

9.1 Our own intellectual property

The app’s name, “Guess The Song”, together with its logo, design, interface, artwork, text, sounds, structure, the scoring and difficulty-tier system, and its source code, are owned by us or licensed to us, and are protected by copyright and other laws. Nothing in these Terms transfers any of it to you.

10. Suspension, termination, and what happens next

10.1 By you

You may stop using the app at any time by deleting it. Deleting the app does not cancel an auto-renewing subscription — you must cancel it in your Apple Account settings. See the Subscription Terms, section 8.

10.2 By us

We may suspend or terminate your licence and your access to the app or the backend service, in whole or in part, if:

you materially breach these Terms, in particular section 7;
we reasonably believe you are cheating, automating, tampering with scoring or circumventing the free-tier limit or the premium gate;
we are required to do so by law, by a competent authority, by a rights holder, or by Apple; or
we discontinue the app altogether.

Where the circumstances allow, we will give you notice and a chance to put things right before terminating, and we will act proportionately — for consumers, we will not terminate for a trivial or one-off issue.

If we terminate your access because of your breach, you will not be entitled to a refund from us for any unused part of a paid period, except where mandatory consumer law says otherwise. Any refund of an App Store charge is, in any case, Apple’s decision (section 14 and Subscription Terms section 9).

10.3 Discontinuing the app

If we decide to shut down Guess The Song, we will announce it on https://guessthesong.pro and in the app, stop selling new subscriptions, and — where we can do so through Apple — take reasonable steps so that you are not charged for a renewal you cannot use. Where you have paid for a period you cannot use because we shut the service down, you are entitled to a proportionate refund under applicable consumer law; because Apple takes the payment, we will support your refund request to Apple and, where Apple does not refund you and the law requires us to, we will pay it ourselves.

10.4 Survival

Sections 8, 9, 9.1, 11, 12, 13, 15, 16, 17, 18, 19 and 20 survive termination of these Terms.

11. No warranty

Please read this section — it limits what we promise. Your mandatory rights as a consumer come next, in section 13, and they are not affected.

To the maximum extent permitted by applicable law, the app is provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. We disclaim all warranties and conditions with respect to the app, whether express, implied or statutory, including the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third-party rights.

We do not warrant that the app will meet your requirements, that its operation will be uninterrupted or error-free, that defects will be corrected, that the song catalogue is complete or that its metadata is accurate, or that audio previews will always be available in your country — Apple Music preview availability varies by storefront and by rights holder and can change without notice.

No oral or written information or advice given by us or our representatives creates a warranty.

11.1 Apple’s warranty obligation

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of the Developer.

Some jurisdictions do not allow the exclusion of implied warranties or limits on a consumer’s statutory rights, so some of the exclusions above may not apply to you.

12. Limitation of liability

Please read this section carefully too. It is written to be honest about what a one-person developer can stand behind, and it is expressly subject to section 13.

12.1 What we do not limit

Nothing in these Terms excludes or limits our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
gross negligence or wilful misconduct;
any liability that cannot lawfully be excluded or limited under the law that applies to you — including, for consumers in the EU/EEA and the UK, liability under mandatory consumer protection law, and, for consumers in Ukraine, liability under the Law of Ukraine “On Protection of Consumer Rights”.

12.2 What we do limit

Subject to section 12.1 and section 13, and to the maximum extent permitted by applicable law:

we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages; for loss of profits, revenue, business, goodwill or anticipated savings; or for loss or corruption of data, including loss of game progress, however caused;
our total aggregate liability to you for all claims arising out of or relating to the app and these Terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of (a) the total amount you actually paid us or paid Apple for the app and its in-app subscriptions in the twelve (12) months immediately before the event giving rise to the claim, and (b) EUR 100.

We are one person, not a company. If a claim arises that is genuinely our fault, we will engage with it seriously and in good faith. But the app is a music quiz costing a few euros a month, and we ask you to accept that the cap above is a fair allocation of risk for a product at that price.

12.3 Loss of progress in particular

You accept, as an informed choice you make when you use an app with no sign-up, that progress can be lost as described in section 5, and — subject always to sections 12.1 and 13 — we are not liable for that loss.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

13. Your mandatory consumer rights are unaffected

If you are a consumer, this section overrides anything else in these Terms that conflicts with it.

Nothing in these Terms takes away, limits or replaces:

your mandatory statutory rights as a consumer under the law of your country of residence;
for consumers in the EU/EEA: your rights under Directive (EU) 2019/770 on contracts for the supply of digital content and digital services (including the right to have the app conform to the contract, and to a remedy — bringing it into conformity, a price reduction, or termination — if it does not), and your rights under Directive 2011/83/EU on consumer rights (including the pre-contractual information and withdrawal rights described in the Subscription Terms);
for consumers in the UK: your rights under the Consumer Rights Act 2015 in respect of digital content;
for consumers in Ukraine: your rights under the Law of Ukraine “On Protection of Consumer Rights”;
any other right or remedy that the law applicable to you says a consumer cannot contract out of.

Where a term of these Terms would be unfair or unenforceable against you as a consumer, that term does not apply to you, and the rest of the Terms continue to apply.

14. Purchases, subscriptions and refunds

Guess The Song offers an auto-renewing Premium subscription through Apple’s in-app purchase system (StoreKit 2):

Plan	Product identifier	Price (US storefront)	Trial
Yearly	`gts_1_year_39_99`	$39.99 per year	7-day free trial for new subscribers
Monthly	`gts_1_month_5_99`	$5.99 per month	none

Prices shown are US storefront prices. Apple localises pricing, and Apple shows you the actual amount and currency you will be charged before you confirm the purchase.

Apple takes the payment and Apple handles refunds. The Developer cannot refund an App Store charge — we have no access to your payment method and no ability to reverse an Apple charge. Refund requests go to Apple at https://reportaproblem.apple.com

The complete disclosures — renewal, cancellation, the free trial, the EU/UK 14-day withdrawal right, price changes — are in the Subscription Terms, which form part of these Terms.

15. External services and third-party content

The app accesses, and depends on, services and content that we do not control:

Apple Music / MusicKit for the 30-second audio previews;
Apple for the App Store, StoreKit purchases and App Store Server Notifications;
our backend API and database, hosted by Railway in the EU West (Amsterdam) region;
Amplitude for product analytics;
links from the app or the website to third-party sites.

Together, “External Services”.

You agree to use External Services at your sole risk. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, decency or quality of any External Services, and we do not warrant or endorse them. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. Where you choose to use an External Service you do so on your own initiative and are responsible for complying with any applicable laws.

We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Service at any time without notice or liability.

The app is not intended for, and must not be used in, any situation where failure or inaccuracy could lead to death, personal injury, or severe physical or environmental damage.

16. Export control and prohibited parties

You represent and warrant that:

you are not located in a country that is subject to a comprehensive embargo by the United States, the European Union or Ukraine, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
you are not listed on any U.S., EU, UK or Ukrainian list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals and the U.S. Department of Commerce Denied Persons List or Entity List.

You agree to comply with all applicable export control and sanctions laws, and you agree not to use or export the app in violation of them.

17. Apple-specific terms

These terms are required by Apple, and they operate for Apple’s benefit as well as yours.

17.1 Maintenance and support

The Developer is solely responsible for providing any maintenance and support services for the app, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.

For support, email maximusik2@gmail.com.

17.2 Product claims

The Developer, and not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including but not limited to:

product liability claims;
any claim that the app fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of the HealthKit and HomeKit frameworks (which Guess The Song does not use).

These Terms do not limit the Developer’s liability to you beyond what applicable law permits.

17.3 Intellectual property claims

In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, the Developer — not Apple — is solely responsible for the investigation, defence, settlement and discharge of that claim.

17.4 Third-party beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms in their capacity as the EULA for the app, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17.5 Developer contact for claims

Any question, complaint or claim about the app — including a warranty claim, a consumer-law claim, a privacy request or a rights-holder notice — should be sent to the Developer at maximusik2@gmail.com. A postal address for formal service of notice is available on request at that address.

18. Governing law, venue, and the consumer carve-out

18.1 Governing law

These Terms, and any dispute arising out of or in connection with them or the app, are governed by the law of Ukraine, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

18.2 Venue

Subject to section 18.3, the competent courts of Kyiv, Ukraine have exclusive jurisdiction.

18.3 If you are a consumer — this overrides 18.1 and 18.2 for you

If you are a consumer resident in the EU/EEA or the UK:

the choice of Ukrainian law in section 18.1 does not deprive you of the protection of the mandatory consumer protection provisions of the law of your country of habitual residence, which continue to apply to you in full (Article 6 of Regulation (EC) No 593/2008, “Rome I”);
you keep the right to bring proceedings in the courts of your own country of residence, and you may only be sued in the courts of your country of residence (Articles 17–19 of Regulation (EU) No 1215/2012, “Brussels I bis”, and the corresponding rules in the UK);
section 18.2 does not exclude that right, and nothing in these Terms may be read as requiring you to litigate in Kyiv.

If you are a consumer resident anywhere else, the same principle applies to the extent your local law makes it mandatory: your local mandatory consumer rights and any non-waivable right to your local forum survive sections 18.1 and 18.2.

19. Complaints and dispute resolution

19.1 Talk to us first

Please email maximusik2@gmail.com with the details of your complaint. We will acknowledge it and try to resolve it within 14 days, and in any event will tell you our position within 30 days. Most problems can be sorted out this way, and doing this does not affect any of your legal rights or time limits.

19.2 Billing and refunds

For anything about a charge, a renewal or a refund, contact Apple — Apple is the merchant of record and only Apple can refund an App Store charge: https://reportaproblem.apple.com

19.3 EU consumers — out-of-court routes

If you are a consumer in the EU and we cannot resolve your complaint directly, you can seek help from a national consumer body or an alternative dispute resolution (ADR) entity. The European Consumer Centres Network (ECC-Net) helps consumers with cross-border disputes inside the EU: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints_en

Note that the European Commission’s online dispute resolution (ODR) platform at ec.europa.eu/odr was discontinued in 2025, so we do not point you there. We are not currently committed to any specific ADR entity, and we are not obliged to be. This does not affect your right to go to court, including in your own country under section 18.3.

19.4 No class actions where individual claims are the norm

To the extent permitted by the law applicable to you, each of us will bring claims only in an individual capacity and not as a claimant or class member in any purported class or representative proceeding. This section does not apply where it is unenforceable against you as a consumer, and it does not affect any right you have to participate in a collective redress action available under the law of your country — including under EU Directive (EU) 2020/1828 on representative actions.

20. General

20.1 Changes to these Terms

We may change these Terms — for example when a feature ships, when the law changes, or when Apple’s requirements change.

The current version always lives at https://guessthesong.pro/terms/ with its effective date at the top.
For material changes we will give you at least 14 days’ notice before they take effect, in the app or on https://guessthesong.pro, and we will update the effective date.
If you keep using the app after a change takes effect, you accept the new Terms. If you do not accept them, stop using the app and, if you subscribe, cancel your subscription before the next renewal.
We will not apply a material change retroactively to a period you have already paid for. If a material change reduces what you are paying for, you may cancel and, where applicable consumer law gives you a proportionate refund, you are entitled to it.

20.2 Severability

If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be, severed. The remaining provisions stay in full force.

20.3 No waiver

If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.

20.4 Assignment

You may not assign or transfer these Terms or your licence. We may assign these Terms in connection with a transfer of the app to a new owner, provided your rights are not reduced; we will announce such a transfer on https://guessthesong.pro before it takes effect.

20.5 Force majeure

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including armed conflict, natural disaster, failure of a third-party network or hosting provider, or an act of a public authority. This does not affect your right to a remedy or refund under mandatory consumer law where the app is unavailable.

20.6 Language

These Terms are written in English. Any translation is provided for convenience; in the event of a conflict the English version prevails, except where the law applicable to you as a consumer requires otherwise.

20.7 Entire agreement

These Terms, together with the Privacy Policy and the Subscription Terms, are the entire agreement between you and us about the app, and supersede any prior understanding, marketing statement or communication about it — except that nothing here excludes liability for fraudulent misrepresentation, and nothing here affects the Apple Media Services Terms and Conditions between you and Apple.

21. Contact

Maksym Myronenko, sole developer, Ukraine Email: maximusik2@gmail.com Web: https://guessthesong.pro

A postal address for formal legal notice is available on request by email.