Terms of use

1. What Heardy is

Heardy is a free application for Android and Windows that plays audio files stored on the user’s device. It lets you organize those files into playlists, display synced lyrics and their translation, view listening statistics and, optionally, keep an account to sync a library index across the user’s own devices (which can also be synced directly over Wi-Fi or through a folder, without the account) and share certain data with other users the user has accepted as friends.

The operator of Heardy is Vainastech, domiciled in Colombia(hereinafter, “the operator” or “we”).

2. Heardy is a local player

Heardy is not a subscription music service or a catalog of its own. The application plays the files that already exist on the device’s storage, in the folder the user chooses and, as a secondary feature, can stream, ephemerally and without saving it, a song the user selects. The audio of the library is never uploaded to any server, not even when the optional account is used (see section 5). The operator does not maintain a catalog of content or make any content available to other users, except what users themselves publish in the forums (see the section “Forums, comments and ratings”). Searching, resolving links and downloading are done on the user’s own device, at the user’s request, with no account and no quota: no server of the operator takes part in obtaining the audio. The optional streaming feature also resolves the stream on the user’s own device, and online playlists store only references to songs, never audio.

3. Importing from links and third-party content

Secondarily and optionally, Heardy lets you import audio into the local library from links, searches or recommendations, by means of a download that runs on your own device: the application obtains the file you ask for directly from the source platform and saves it in your library, or keeps it as an online playlist if you choose that. The operator’s server does not take part in that process, does not receive the links you request or the files, and keeps no copy. Use of this feature is the user’s sole responsibility. By using it, the user represents and warrants that:

• they have the right to obtain and keep a copy of the content in question, for example because they purchased it, hold a license that allows it, it is their own original work, or it is in the public domain;
• they comply with the source platform’s terms of use and the copyright and related-rights law applicable to them, in particular Colombia’s Law 23 of 1982 and the equivalent rules of their country of residence;
• they use the imported content solely for personal, private use, without commercial purposes and without redistributing or publicly communicating it.

These features are not intended to obtain works without authorization. The operator does not verify these representations, does not review each link in advance, does not take part in obtaining the file and acquires no rights over it. If you cannot make them, do not use this feature. The operator may limit, suspend or withdraw this feature from the application at any time and will address legitimate requests from authorities and rights holders under section 9.

Heardy is not affiliated with, endorsed by or sponsored by any of the third-party platforms whose content a user may link, nor by Google or NewPipe.

4. Permitted use and prohibitions

Heardy is offered for personal, non-commercial use. It is prohibited to:

• use Heardy or its associated services for commercial purposes or to redistribute content;
• resell, rent out or sublicense access to the services associated with the account;
• attempt to bypass technical limits, rate limits or authentication mechanisms of the optional server, or deliberately overload it;
• use the friends or username feature to harass, impersonate or locate other people, or choose usernames that are offensive or misleading;
• use Heardy to infringe third-party rights or applicable law.

Heardy’s source code is published under the GPL-3.0 license (see Licenses). That license governs use of the code; these terms govern use of the compiled application distributed by the operator and of the associated services. The prohibitions in this section apply to the use of the operator’s services (server, account) and of the compiled application it distributes, and do not limit the rights the GPL-3.0 grants the user over the source code.

5. Optional account

All of Heardy’s essential features (library, playback, playlists, statistics) work without an account and offline; lyrics and translations need a connection the first time they are fetched and are cached afterwards. Creating an account is optional and lets you: sync an index of your library across your devices (titles, artists, duration, playlists and a song’s source link when one exists, and the order of your playlists, online ones included), your playback history and your statistics; choose a username; send and accept friend requests; and, if expressly enabled, share with friends the song you’re currently listening to.

The account is managed through an external identity provider; the operator never sees or stores the user’s password. Syncing your own devices over Wi-Fi or through a folder does not use the account or the operator’s server (see the Privacy policy). Verifying your email is required to use the account services. The user is responsible for keeping their credentials confidential. Details on what data is processed, for what purpose and for how long are in the Privacy policy. The user can delete all data associated with their account at any time from Settings (“Erase my account data”).

6. Minimum age

You must be at least 14 years old to use Heardy. To create the optional account (which involves processing personal data) you must be of legal age under the law of your country; those between 14 and the age of majority may only create it with the authorization of their parents or guardians, who are responsible for that use. If your jurisdiction requires a higher age to accept terms of use or to consent to data processing, that age applies.

If you are a minor, sections 8 (indemnity) and 11 (dispute resolution) do not apply to your account in the way they apply to adults: the indemnity does not apply to you, and your legal representatives are the ones who answer for the account and keep, at all times, the right to go to the Superintendence of Industry and Commerce or to the competent court.

7. No warranties and limitation of liability

Heardy is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, continuous availability or absence of errors. The operator does not guarantee that the application is compatible with every device or that the optional services will be available uninterrupted; the optional server may have usage limits, interruptions, or may be discontinued.

To the fullest extent permitted by law, the operator will not be liable for indirect, incidental, special or consequential damages, or for loss of data, files or profits arising from the use or inability to use Heardy. Users are advised to keep backups of their music and their data. Nothing in these terms limits the rights that consumer-protection legislation grants the user on a non-waivable basis.

8. User responsibility for content and indemnity

All content you play, import, store or sync with Heardy is yours or obtained by you: the operator does not review it in advance or make it available to other users (what you publish in the forums is the exception: see the section “Forums, comments and ratings”). That’s why you are solely responsible for that content and your use of it respecting third-party rights (in particular copyright and related rights), the source platforms’ terms, and applicable law. If you import or keep content without the right to do so, the responsibility is exclusively yours.

If your infringing use gives rise to a claim against the operator, you agree to reimburse it for the reasonable, documented damages and costs that arise directly from it, unless they were caused by the operator’s wilful misconduct or gross negligence. This clause does not apply to minors and does not limit a consumer’s non-waivable rights. The operator may cooperate with authorities and rights holders to the extent required by law.

9. Copyright, acceptable use and content takedown

Heardy respects copyright and expects the same from those who use it. Do not use downloading or streaming for works you have no right to, or to redistribute them. The procedure described in this section is a voluntary commitment by the operator.

You can notify the operator, by writing to vainastech@gmail.com, of: (a) a piece of data in a user’s synced index on the account server (for example, a source link or a username); (b) the conduct of an account; or (c) a feature of the application distributed by the operator. The operator does not host, receive or serve audio: downloads run on the user’s device and the files stay there, so the operator cannot remove them; claims about the content itself must be addressed to the service hosting it. Streaming is resolved on your device and does not pass through the operator’s server; the operator may disable that feature in future versions and will handle claims about it by referring them, where appropriate, to the service hosting the content. Files already on a device are outside the operator’s control.

The notice must contain:

1. your identification and contact details, and, if applicable, proof that you act on the rights holder’s behalf;
2. identification of the affected work;
3. identification of the data, account or feature flagged;
4. a good-faith statement that the use is not authorized by the rights holder, their representative, or the law;
5. a statement that the information is accurate and, under your responsibility, that you are the rights holder or are authorized to act on their behalf;
6. your signature (a typed name is enough).

The operator will acknowledge receipt within a maximum of three (3) business days. If the notice is complete and well-founded, it will remove or correct the flagged data in the synced index, or act on the account or feature, within a maximum of five (5) business days of receiving it complete. If it is incomplete, it will ask for the missing information.

When the affected account is identifiable, the operator will inform the user, who may respond with the same information and a good-faith statement. The measure remains unless the response shows the use is lawful or the claimant withdraws the claim.

After three (3) well-founded notices against content linked to the same account, the operator will suspend its access to the optional services.

Abusive or false notices may be rejected, and anyone who knowingly files a false claim is liable for the damages caused.

The operator will comply with requests from competent authorities. Nothing in this section limits the right of rights holders to go to the courts or competent authorities.

Forums, comments and ratings

The Heardy website includes public forums where users with an account can write. This section applies to what you publish there, in addition to the rest of these terms.

Who can take part. Anyone can read the forums without an account. To create a forum, comment, vote (▲▼) or report content you need an account with a verified email and a username. In the “App reviews” forum you can also rate Heardy from 1 to 5 stars, once per account. You sign in to the website with your existing account; the website does not create accounts.

Community rules. Keep what you publish related to Heardy. It is prohibited to publish:

• harassment, threats or insults aimed at other people;
• hate speech or discrimination;
• spam, advertising or repeated content;
• illegal content;
• other people’s personal data, or content that impersonates someone;
• content that infringes copyright or other third-party rights;
• content that is unrelated to the application or inappropriate for a public forum.

It is also prohibited to try to manipulate votes or ratings, for example by using several accounts.

Your content and what you grant us. What you publish remains yours. By publishing it you grant the operator a free, non-exclusive, worldwide license, for as long as the content remains published, to store it, display it in the forums to anyone who visits them and process it for moderation. The operator does not use it for any other purpose. Your username, the text, the rating and the date are public (see the Privacy policy).

Responsibility. You are solely responsible for what you publish. The opinions in the forums are those of their authors, not the operator’s.

Moderation. Any user can report a forum or a comment. The operator reviews reports and may hide content or block accounts that breach these terms. In addition, an automated system based on artificial intelligence reviews new texts daily and may hide content that is unrelated to the application, inappropriate, illegal, spam or abusive. That system works on the text only, without your username or identity. Hidden content is not deleted: the action is logged and can be restored. An automated system can make mistakes; if you think your content was hidden wrongly, write to vainastech@gmail.com and it will be reviewed. The operator does not guarantee that all content is reviewed before it is published or that it is reviewed within any particular time, so some content that breaks these rules may stay visible for a while.

Copyright and takedown requests. If something published in the forums infringes your rights, use the procedure and the email address described in section 9; it applies to forum content as well.

Deleting your content. You can delete your own forums and comments. If you erase your account data, your comments, votes, reports and forums are deleted; a forum of yours that has comments from other users stays visible without an author (“deleted user”).

Advertising on the website

Ads on the website only. The Heardy website (not the application) shows advertising from third parties, currently served by the ad network Adsterra, to help fund the project. The ads may be banners, native ads and a notification-style bar. The application does not show ads.

No endorsement. The operator does not select, control or endorse the ads shown or the advertisers behind them. An ad is not a recommendation by Heardy, and Heardy is not responsible for the content, products or services you reach through it.

Third-party sites. If you follow an ad to another website or open an ad that appears in a new tab, what you do there is governed by that site’s own terms and policies and is your responsibility. Be careful with downloads or offers that ask for personal data or payment; Heardy never asks for either through an ad.

Ad blockers and the application. Outside the European Economic Area, the United Kingdom and Switzerland, the website may ask you to disable your ad blocker in order to use it. The application itself shows no ads and works fully without them. The releases page remains available from the legal pages, and the legal pages can always be read without disabling the blocker. In the European Economic Area, the United Kingdom and Switzerland, access to the website is never conditioned on accepting ads. Downloading never requires opening or interacting with an ad.

Your data. How the ad network may use cookies and technical data, and how consent is requested where the law requires it, is described in the Privacy policy.

10. Suspension and termination

The user may stop using Heardy at any time by uninstalling the application and, if they have an account, deleting their data from Settings. The operator may suspend or cancel a user’s access to the optional services if they breach these terms, or discontinue those services altogether with reasonable notice when possible. The application will keep working in local mode even if the optional services are discontinued.

11. Governing law and dispute resolution

These terms are governed by the laws of the Republic of Colombia. Before starting any proceeding, the parties will try to resolve the dispute directly: the affected party will notify the other in writing (the user, to vainastech@gmail.com; the operator, to the email associated with the account) and both will have thirty (30) days to reach an agreement. This stage does not limit your right to go, at any time, to the Superintendence of Industry and Commerce, to a judge or to a data-protection authority.

Consumer users keep all the rights that the mandatory legislation protecting them grants them.

12. Changes to these terms

We may modify these terms to reflect changes in the application, in the services, or in the law. The version in force will always be published on this page with its update date. If the change is substantial, the application will ask you to accept it again, and the newly accepted version and the date will be recorded. If you do not agree with the changes, do not keep using Heardy.

13. Acceptance

You accept these terms by checking the corresponding box before downloading the application from this site and, again, by accepting them inside the application the first time you open it; in both cases the accepted version and the date are recorded. If you do not agree with them, do not install or use Heardy.

14. Use of artificial intelligence in development

Heardy is developed with the help of artificial-intelligence tools to write and review code, text and documentation, always under human supervision. No personal data from users, nor the content of their libraries, is used to train models or shared with artificial -intelligence providers, with the sole exception of the text published in the forums, which is sent without any identity for moderation (see the section “Forums, comments and ratings” and the Privacy policy).

15. Contact

Questions, copyright claims and privacy matters: vainastech@gmail.com.