Disc Terms of Use & EULA
Effective
These Terms of Use ("Terms") are between you and Replicode, Inc., doing business as Disc ("Disc," "we," "us," or "our"), a company registered in Canada at 545 King Street West, Toronto, Ontario M5V 1M1, Canada.
These Terms apply to disc.fm, the Disc iOS application, and related products and services that refer or link to these Terms (together, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services. For the Disc iOS app, these Terms include the custom end-user license in section 8.
Consumer rights. Nothing in these Terms excludes or restricts a consumer right, warranty, remedy, or liability that applicable law does not permit us to exclude or restrict. Those mandatory protections take priority throughout these Terms.
You can contact us at [email protected] or at the postal address above. We recommend keeping a copy of these Terms for your records.
1. Our services and eligibility
Disc is a personal music storage and playback service for web and iOS. You can create an account, upload and organize your own audio files and artwork, create playlists, stream your music, download music for offline listening in the iOS app, view optional listening statistics, and manage a paid subscription. Uploaded libraries are private and are not shared with other users at launch.
Disc is intended for adults aged 18 or older in the United States and Canada. You must be at least 18, have the legal capacity to enter into these Terms, and comply with applicable law when using the Services.
The Services are not intended for use where that use would be contrary to applicable law or require us to register in a jurisdiction where we have not done so. If you access the Services from elsewhere, you are responsible for complying with applicable local laws.
The Services are not designed for uses that require compliance with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). You must not use the Services for those regulated purposes or in a way that violates the Gramm-Leach-Bliley Act (GLBA).
2. Your account
You must provide accurate, current, and complete registration information and keep it up to date. Your account is personal to you. Keep your credentials secure and do not share them, sell your account, or transfer it to someone else.
Contact us promptly at [email protected] if you believe your account has been compromised. Account restrictions and enforcement follow section 12.
3. Subscriptions, billing, cancellation, and refunds
Purchases and renewal
At launch, new Disc subscriptions are purchased through Apple's App Store in the iOS app. Apple handles payment collection, renewal billing, subscription management, and refund requests under its applicable terms and applicable law. Prices, currency, taxes, and renewal terms are displayed by Apple before purchase. Disc does not directly collect your payment-card details or charge shipping fees.
Subscriptions renew automatically each month unless canceled. There is no free trial at launch. Ordinary listening and cloud-library use require an active verified Disc subscription.
Cancellation
Subscriptions purchased through Apple's App Store are managed through Apple. On an iPhone, open Settings, tap your name, select Subscriptions, select Disc, and tap Cancel Subscription. You can also follow Apple's cancellation instructions.
Canceling renewal does not end access before the current paid period ends. Deleting the app or your Disc account does not cancel an App Store subscription. The library recovery period described in section 4 does not begin while paid subscription access remains.
Refunds and price changes
For an ordinary refund request for an App Store purchase, use Apple's refund process. Apple handles those requests under its applicable terms and applicable law.
We may change subscription prices subject to Apple's applicable rules and applicable law, including any required notice, consent, and cancellation rights. For questions about Disc, contact [email protected].
These Apple billing instructions do not limit any statutory cancellation, refund, chargeback, or other remedy you may have against Disc or another responsible party. You may send a notice exercising a legal right against Disc to [email protected] or our postal address in section 22; you are not required to obtain Apple's permission before exercising that right. Ordinary account or app deletion remains separate from cancellation of App Store renewal.
4. Storage, recovery, and deletion
After subscription access ends
After confirmed loss of subscription access, including the end of any applicable provider-granted billing grace period, we retain your uploaded library for a 90-day recovery period so you can export your music files, delete content, or resubscribe. This period starts no earlier than both confirmed access loss and our initial retention notice. After that period, remaining uploaded library content may be deleted unless verified subscription access has been restored before cleanup. Your account remains available. Resubscribing cannot restore files already deleted.
When a paid account is above its storage allowance
If a plan change leaves a paying account above its storage allowance, listening continues while storage increases are blocked. The 90-day over-quota period begins no earlier than the lower allowance taking effect and our initial notice. You may select files to delete during that period. If you remain over quota after the period, the fallback is to remove newest uploads first, stopping when usage fits the current paid allowance. Returning within the allowance prevents that cleanup.
Account deletion and legal retention
Explicit account-deletion requests follow the separate account-deletion process. Applicable legal preservation requirements may require particular records to be retained longer.
Our Privacy Policy describes the separate account-deletion process and retention of other records.
5. Your library and content permissions
Disc is a private personal music library service. Uploaded audio, artwork, and library information are not public posts and are not shared with other users at launch. You and the relevant rights holders retain their respective rights in uploaded content. You must have the rights and permissions necessary to upload and use that content through Disc.
You grant Replicode, Inc. a non-exclusive, worldwide, royalty-free permission to store, copy, process, convert, stream, and deliver your content only as necessary to operate Disc for you. Service providers acting on our behalf may perform those activities for the same limited purposes. This permission continues only as necessary to provide the service and complete the applicable retention and deletion processes described in our policies. It does not authorize advertising or promotional use, public distribution, or training AI models. Uploaded library content is not a general feedback submission and is not assigned to us.
In these Terms, "Library Content" means the audio, artwork, and library information you upload to Disc. Your use of Library Content must comply with section 6. Copyright complaints are addressed in section 11.
6. Acceptable use
Use Disc for your personal, non-commercial music library. You must have the rights and permissions needed to upload and use your Library Content through Disc. You must not:
- Infringe another person's copyright, privacy, publicity, or other rights, or upload or use content unlawfully.
- Share account credentials, sell or transfer your account, impersonate another person, provide false registration information, or fraudulently obtain account or payment information.
- Upload malware, spyware, or other material intended to interfere with the Services, compromise security, or collect information without authorization.
- Bypass storage, payment, access, or security restrictions, or interfere with or place an undue burden on the Services or their networks.
- Use unauthorized bots, scripts, scraping, or other automated systems to access the Services or collect data, except for ordinary search-engine or browser use. This restriction does not prevent you from using Disc's own download and export features for your library.
- Harass, threaten, defraud, or abuse anyone through the Services or support channels, or knowingly submit false abuse reports.
- Use the Services to advertise, sell goods or services, send spam, or collect other people's information for unsolicited communications.
- Copy, adapt, redistribute, or commercially exploit Disc's software, designs, or other intellectual property without permission, or remove proprietary notices. Restrictions on reverse engineering and similar activities apply only to the extent permitted by applicable law and any applicable open-source license.
These restrictions do not prohibit honest reviews, lawful criticism, or exercising consumer rights. Enforcement follows section 12.
7. Disc intellectual property and feedback
Disc intellectual property
We or our licensors own the intellectual property in the Services, including our software, functionality, designs, text, graphics, trademarks, and logos ("Disc Content"). Disc Content does not include your Library Content or feedback you own.
Subject to these Terms, we grant you a non-exclusive, non-transferable license to access the Services and to download or print Disc Content you have properly accessed for your personal, non-commercial use. The iOS app license is addressed in section 8. Any suspension or termination of access by Disc under these Terms follows section 12.
You must not copy, publish, distribute, sell, license, or otherwise commercially exploit Disc Content without our written permission, except as allowed by these Terms or applicable law. Keep copyright and other proprietary notices on permitted copies. We reserve rights not expressly granted. For other uses, contact [email protected].
Feedback
You retain ownership of suggestions, ideas, or feedback you voluntarily provide about Disc ("Feedback"). You give us non-exclusive, worldwide, royalty-free permission to use that Feedback to operate, improve, and develop our products and services, without payment to you. This permission does not transfer ownership of your Feedback to us.
Library Content is not Feedback. Its use is governed only by the limited permissions in section 5. Nothing in this section restricts honest reviews or other consumer rights.
8. The iOS app license
This section and the applicable provisions of these Terms form the end-user license agreement for the Disc iOS app. You and Replicode, Inc. enter into this agreement with each other. Apple is not a party. As between Replicode and Apple, Replicode is solely responsible for the app and its content.
App license and Apple rules
Replicode grants you a non-transferable license to use the app on compatible Apple-branded devices that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions (United States) or Canada. Where Apple's applicable rules permit other accounts associated with the purchaser to access, acquire, or use the app through Family Sharing, volume purchasing, or Legacy Contacts, this app license permits that access, acquisition, and use. This permission does not by itself grant access to another person's Disc account, credentials, or private library, or extend a Disc subscription beyond the access provided by the applicable purchase terms. Nothing in these Terms restricts access that Apple's applicable rules or applicable law require us to permit. Subscription access remains subject to section 3 and the applicable purchase terms.
You must comply with applicable third-party agreements when using the app, including your wireless-data agreement. These Terms do not impose app usage rules that conflict with the Apple Media Services Terms and Conditions or any applicable Apple Volume Content Terms in effect when this agreement takes effect. Those Apple terms control any conflict concerning permitted app usage. Your separate agreements with Apple, including applicable payment terms, remain in effect. App restrictions and enforcement under this agreement follow section 6 and section 12; there is no additional automatic-termination rule in this app license.
Support, warranties, and claims
You and Replicode acknowledge that Replicode, not Apple, is solely responsible for the maintenance and support promised in these Terms or required by law. Apple has no obligation to provide app maintenance or support.
As between Replicode and Apple, Replicode is solely responsible for applicable app warranties that have not lawfully been excluded. If the app fails to meet an applicable warranty, you may notify Apple, and Apple will refund the app's purchase price, if any. To the extent permitted by law, Apple has no further warranty responsibility for the app; Replicode is solely responsible for the other claims, losses, liabilities, damages, costs, and expenses resulting from such a failure. App Store subscription refund requests follow section 3, without limiting statutory remedies.
You and Replicode acknowledge that Replicode, not Apple, is responsible for addressing claims by you or a third party relating to the app or your possession or use of it, including product-liability, regulatory, consumer-protection, and privacy claims. If a third party alleges that the app or your possession or use of it infringes intellectual property, Replicode is solely responsible for investigating, defending, settling, and resolving the claim. These responsibilities rest with Replicode, not Apple. Sections 16–18 apply only to the extent permitted by law, and nothing here limits liability beyond what the law permits.
Legal compliance
You represent and warrant that you are not located in a country or region subject to a United States government embargo or designated by that government as supporting terrorism, and that you are not on a United States government list of prohibited or restricted parties.
Developer contact and Apple's enforcement rights
Direct app questions, complaints, or claims to Replicode, Inc. (Disc), 545 King Street West, Toronto, Ontario M5V 1M1, Canada; telephone +1 647 401-7463; email [email protected].
You and Replicode acknowledge that Apple and its subsidiaries are third-party beneficiaries of this app license. When you accept it, Apple is entitled to enforce it against you as a beneficiary and is deemed to have accepted that right.
9. Third-party websites and services
The Services may link to third-party websites, content, applications, or services. A link does not imply our endorsement. Those third parties have their own terms and privacy practices, which you should review before using them or making a purchase.
We do not control independent third-party websites or services and do not guarantee their accuracy, availability, or content. Your transactions with an independent third party are governed by the terms applicable to that transaction. These statements do not remove Disc's own obligations under these Terms or mandatory law. Our liability is addressed in section 17.
10. Privacy, hosting, and service providers
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and how you can exercise your privacy choices and rights. It forms part of these Terms.
Disc uses hosting and service providers in Canada and the United States. Our providers may also process or store information in other countries where they operate, as described in our Privacy Policy. References to hosting countries in these Terms do not promise that all storage, delivery, backups, or processing occur exclusively in those countries.
This section does not replace any consent or other requirement that applicable privacy law requires us to satisfy.
11. Copyright notices and counter-notices
We respect copyright and respond to complaints under the applicable legal process. Send notices and counter-notices to our Copyright Agent below. Identify the material and provide enough information for us to locate it; a publicly accessible link is not required for a private library file. Do not include unrelated personal information.
United States: DMCA notices
If you are a copyright owner or authorized representative and believe material on Disc infringes your copyright, a notice under 17 U.S.C. § 512(c)(3) should include:
- Your physical or electronic signature, or that of a person authorized to act for the owner of the right at issue.
- The copyrighted work involved, or a representative list if the notice concerns multiple works.
- The material you want removed or disabled and information sufficient for us to locate it.
- Contact details sufficient for us to reach you, including an address, telephone number, and email address if available.
- A statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner of the exclusive right allegedly infringed.
We will act expeditiously on a compliant DMCA notice to remove or disable access to the identified material and take reasonable steps to notify the affected user promptly. A complaint is an allegation, not a court determination. Consider any applicable permission or legal exception before submitting a notice.
United States: counter-notices
If material you uploaded was removed or disabled under the DMCA because of a mistake or misidentification, you may send our Copyright Agent a written counter-notice. You do not have to own the copyright in the material to use this process. Your counter-notice must include:
- Your physical or electronic signature.
- The material that was removed or disabled and its location before that action.
- A statement, under penalty of perjury, that you believe in good faith the action resulted from a mistake or misidentification.
- Your name, address, and telephone number.
- Your consent to the jurisdiction of the United States Federal District Court for the judicial district of your address, or, if your address is outside the United States, a judicial district where Replicode, Inc. may be found.
- A statement that you will accept service of process from the original notice sender or that person's agent.
Upon receiving a valid counter-notice, we will promptly send a copy to the original notice sender and inform them that we will restore access after 10 business days. Under this process, we will restore the material or access no earlier than 10 and no later than 14 business days after receiving the counter-notice, unless our Copyright Agent first receives notice that the original notice sender has filed a court action seeking to restrain the user's allegedly infringing activity relating to that material.
Notices and counter-notices may be shared with the affected user or original notice sender, including the contact information they contain, as part of this process. Knowingly making a material misrepresentation about infringement, mistake, or misidentification can result in liability for damages and costs under 17 U.S.C. § 512(f). Seek legal advice if you are unsure whether a notice or counter-notice is appropriate.
Repeat infringement
We terminate accounts in appropriate circumstances when users repeatedly infringe copyright. We consider relevant notices, counter-notices, retractions, available evidence, and the circumstances of the conduct; we do not require a court judgment before acting. This policy operates with the proportionate enforcement safeguards in section 12, including immediate action where reasonably necessary for serious infringement or legal requirements.
Canada: notice-and-notice
Canada has a separate notice-and-notice process. A notice under section 41.25 of the Canadian Copyright Act must identify the claimant and their address, the work, the claimant's interest in the copyright, the electronic location of the material, the alleged infringement, and its date and time. Such a notice must not contain a settlement offer, a demand for payment or personal information, or a link to such an offer or demand.
Where section 41.26 applies to Disc, we will forward a compliant notice to the relevant user as soon as feasible and inform the claimant that we have forwarded it or why forwarding was not possible. We will retain records needed to identify that user for six months from receipt of the notice, or for one year from receipt if the claimant starts proceedings and notifies us before the six-month period ends, and longer where another legal requirement applies.
Forwarding a Canadian notice does not itself establish infringement or require the user to pay the claimant. The notice-and-notice process is not, by itself, an automatic takedown requirement. Separate legal obligations, court orders, or grounds for enforcement under these Terms may still require or justify action. A Canadian notice does not by itself require a United States counter-notice or consent to United States courts.
Copyright Agent contact
Robert Canton, Copyright Agent for Replicode, Inc. (Disc)545 King Street West
Toronto, Ontario M5V 1M1
Canada
Telephone: +1 647 401-7463
Email: [email protected]
12. Service management, suspension, and termination
These Terms apply while you use the Services. We may manage and monitor the Services to protect their security, proper functioning, and compliance with these Terms and applicable law. We may investigate suspected violations and take appropriate action, including restricting access to content or accounts, reporting matters to appropriate authorities, or pursuing legal remedies, subject to the following safeguards.
For an ordinary breach that can reasonably be corrected, we will normally explain the issue and provide a reasonable opportunity to correct it before suspending or terminating your account. We may act immediately where reasonably necessary to address serious abuse, infringement, security risks, or legal requirements. Where lawful and appropriate, we will explain the action and how to contact support to challenge it. Retention or deletion following restrictions remains subject to our express recovery commitments and applicable law.
We do not promise to monitor every uploaded file. Storage limits and cleanup follow section 4; they do not give us an unrestricted right to delete files simply because they use storage. You must not evade an account suspension or termination by creating another account.
You may stop using the Services and request account deletion through the separate account-deletion process described in our Privacy Policy. Account deletion does not cancel an App Store subscription; follow section 3 to cancel renewal.
13. Availability and keeping original files
We do not promise uninterrupted or error-free service, a particular uptime percentage, or successful recovery of every lost or corrupted file. Keep your original files and appropriate backups. Disc is not a guarantee against permanent data loss. This provision does not reduce our express retention and recovery commitments or any service-quality duty or remedy required by applicable law.
Maintenance, hardware or software problems, and other events may cause interruptions, delays, or errors. We make no general promise that every uploaded file has a separately recoverable backup. Our express recovery commitments in section 4 and mandatory service-quality duties and remedies remain in place. Liability for loss or corruption of data is governed by section 17.
14. Changes to the terms and services
Changes to these Terms
We will ordinarily give at least 30 days' advance notice of material changes to these Terms by email to the address associated with your account. We may also provide supplementary in-app notices. The email notice will explain the changes, their effective date, and any applicable cancellation rights. We may make urgent changes sooner only where applicable law permits, including where needed to address a legal requirement or security risk. Any mandatory notice, delivery, consent, cancellation, or other consumer protection requirement takes priority.
Service updates and corrections
We may update or modify the Services, perform maintenance, and correct errors or outdated information. We may also suspend or discontinue Services, subject to our express obligations under these Terms and applicable law. None of these rights overrides required notice, consent, cancellation, or refund rights, our subscription and recovery commitments, or the enforcement safeguards in section 12.
Subscription price changes follow section 3. Liability related to changes or interruptions is governed by section 17.
Additional rules for Quebec consumers
For Quebec consumers, the elements we may amend unilaterally, where the law allows, are service features and technical requirements, storage allowances, subscription prices and renewal terms, acceptable-use and account-security rules, and support or administrative procedures. This does not permit a unilateral change to an essential element of a fixed-term contract where Quebec law prohibits it.
Where section 11.2 of the Quebec Consumer Protection Act applies, we will send a clear written notice at least 30 days before the change takes effect. It will contain only the new clause, or the old and amended clauses, the effective date, and your applicable right to refuse and cancel. If the change increases your obligations or reduces ours, you may refuse it and cancel the affected contract without cost or penalty by sending us notice no later than 30 days after the change takes effect. An urgent-change provision elsewhere in these Terms does not override this requirement.
Send that notice to [email protected] or our postal address in section 22. Apple's subscription-management process remains available, but does not restrict a statutory right to notify Disc directly. Any refund or other remedy required by law remains available.
15. Governing law and disputes
Unless mandatory law provides otherwise, these Terms are governed by Ontario law and applicable Canadian federal law, and disputes are subject to the courts in Toronto, Ontario. Consumers retain mandatory protections and the right to bring proceedings in another court where applicable law provides that right. For Quebec consumers, Quebec law and applicable Canadian federal law govern, and Quebec courts remain available. You are encouraged to contact support so we can try to resolve a concern, but doing so is voluntary and is not a condition of exercising legal rights. These Terms do not require arbitration or waive statutory class proceeding rights.
Language for Quebec consumers
Where Quebec's language requirements apply, we will provide the French version of these Terms and required related documents before asking you to accept an English version. An agreement to be bound only by the English version must reflect your express choice after the French version has been provided. No charge applies for the French version. This does not limit your rights to information or service in French.
16. Disclaimers and mandatory warranties
Subject to our express commitments in these Terms and rights that applicable law does not allow us to exclude, the Services are provided on an "as is" and "as available" basis. To the extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Services or information supplied through them will always be accurate, complete, secure, uninterrupted, or free of errors. The availability and file-recovery qualifications in section 13 apply.
These disclaimers do not exclude or restrict statutory warranties, required service-quality standards, consumer remedies, or other liability that applicable law does not allow us to exclude or restrict. They do not replace our express retention and recovery commitments or the liability provision in section 17.
For Ontario consumers, this section does not exclude the statutory warranty that services supplied under a consumer agreement will be of reasonably acceptable quality. For Quebec consumers, it does not exclude legal warranties or release us from responsibility for our acts or those of our representatives where Quebec law prohibits that result.
17. Limitations of liability
To the extent permitted by applicable law, Replicode, Inc.'s total aggregate liability to you for claims arising out of or relating to Disc or these Terms is limited to the greater of (a) CAD $50 and (b) the total Disc subscription fees you paid during the three months immediately before the event giving rise to the claim, calculated in Canadian dollars. Subscription fees include amounts you paid for Disc subscriptions through Apple's App Store. This cap applies separately to each customer. It does not create an automatic entitlement to compensation. Nothing in this provision excludes or limits any liability, statutory warranty, refund, remedy, or consumer right that applicable law does not allow us to exclude or limit. Mandatory protections, including those applicable to Quebec consumers, take priority.
For Quebec consumers, no exclusion or limit in these Terms releases us from the consequences of our own acts or those of our representatives where prohibited by the Quebec Consumer Protection Act. The cap does not limit liability for bodily or moral injury, or for material injury caused by intentional or gross fault, where the Civil Code of Quebec prohibits that limitation.
18. Third-party claims caused by misuse
To the extent permitted by applicable law, you agree to reimburse Replicode, Inc. for reasonable losses, damages, liabilities, and legal costs resulting from a third-party claim to the extent caused by your unlawful uploads, infringement of another person's rights, fraud, or intentional misuse of the Services.
This responsibility does not arise merely from ordinary permitted use of Disc. It does not require you to pay for loss caused by our own breach of these Terms, negligence, or unlawful conduct.
We will give you prompt notice of a claim for which we seek reimbursement and a reasonable opportunity to respond. We may not agree to a settlement that requires you to make a payment or admit liability without your consent. Mandatory consumer rights remain unaffected.
19. Electronic communications and records
Visiting the Services, emailing us, and completing online forms are electronic communications. You agree that we may provide agreements, notices, disclosures, and transaction records electronically by email or through the Services, subject to applicable law and the specific notice commitments in these Terms.
You agree to use electronic signatures and records where permitted by applicable law. This does not waive any mandatory requirement for notice, consent, original signatures, delivery, retention, or access to records, or any right to challenge the validity of an agreement or transaction.
20. California users and residents
If a complaint with us is not satisfactorily resolved, you can contact the California Department of Consumer Affairs, Consumer Information Center, at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. See the Department's contact information.
21. General provisions
These Terms and the policies expressly incorporated into them form the agreement between you and us concerning the Services, including the iOS app license in section 8. Your separate agreements with Apple remain applicable to Apple's services and your App Store transactions. Changes to these Terms follow section 14.
A failure to exercise or enforce a right does not waive that right. If a provision is found unlawful or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
We may assign our rights and obligations under these Terms subject to applicable law. An assignment does not reduce your rights or the express commitments made in these Terms.
Events beyond our reasonable control may affect our ability to provide the Services. They do not create a separate blanket exclusion of liability: our express commitments, the liability provision in section 17, and mandatory law continue to apply.
Using Disc does not create a partnership, employment, joint venture, or agency relationship between you and us.
22. Contact us
For questions, support, or complaints about Disc, contact:
Replicode, Inc. (Disc)545 King Street West
Toronto, Ontario M5V 1M1
Canada
[email protected]
+1 647 401-7463
Copyright notices and counter-notices should go to the Copyright Agent in section 11 at [email protected]. Privacy requests follow our Privacy Policy.