Terms of Service

These terms are an agreement between you and Right Track Collective LLC, a Washington limited liability company (“Right Track Collective”, “we”, “us”). They govern your use of our desktop app, Otomaki, the online services it connects to, and our websites, righttrackcollective.com and otomaki.com (together, the “Services”).

By creating an account or using the Services, you agree to these terms and to our Privacy Policy. If you are using the Services for an organization, you agree on its behalf and confirm you have the authority to do so. If you do not agree, do not use the Services.

Your account

You need an account to use Otomaki. You sign in with an email address that you control, and you are responsible for activity on your account and for keeping access to that email address secure. Tell us promptly at contact@righttrackcollective.com if you believe someone else has used your account. You must be at least 13 years old, or the minimum age in your country if it is higher, to use the Services.

Your license to use Otomaki

Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use Otomaki on computers you own or control, for as long as your account has access to it.

You agree not to:

• copy, sell, rent, sublicense or redistribute Otomaki;
• reverse engineer, decompile or disassemble it, except to the extent the law allows despite this restriction;
• remove or work around its sign-in, plan checks or other technical limits;
• use the Services to infringe anyone’s rights, to break the law, or to interfere with or overload our servers or anyone else’s;
• access the Services by automated means other than the app itself, or share your account with others.

Otomaki and the Services, including their software, design and trademarks, belong to Right Track Collective and its licensors. These terms do not give you any rights in them beyond the license above.

Plans and trials

Access to Otomaki depends on your account’s plan, which may be a free trial or a paid plan. The features, length and price of each plan are described in the app or on our websites when you sign up or purchase. If you buy a paid plan, any additional terms shown at purchase, including billing and refund terms, also apply. When a trial or plan ends, Otomaki may stop working until you have an active plan again. Your files and library data stay on your computer either way.

Your music and your data

Your music files, playlists, cues and other library data remain yours. We claim no ownership of them. You are responsible for having the rights to the music you manage with Otomaki.

Otomaki reads and changes files on your computer at your direction. Depending on the features you use, it can write metadata into your audio files, move, rename, convert or delete files, and read from and write to the libraries of other DJ software. Keep your own backups of your music and of your DJ software’s libraries. We are not responsible for data loss, except as stated under “Limitation of liability” below.

Third-party software and services

Otomaki works alongside DJ software and services made by other companies, and some of its features rely on third-party services such as AcoustID and GitHub, as described in our Privacy Policy. We do not control those products, their formats or their availability, and a change by their makers can stop an Otomaki feature from working. Your use of them is governed by their own terms. Names of other companies’ products are their trademarks; Right Track Collective is not affiliated with or endorsed by them unless we say so.

Feedback

If you send us feedback, suggestions or bug reports, you allow us to use them to improve our products without restriction or payment to you. Feedback does not give us any rights in your music or library data.

Updates and changes to the Services

We may update Otomaki and change, add or remove features of the Services. Some updates may be required to keep using the online parts of the Services. We may also suspend the Services for maintenance or security.

Ending your use

You can stop using the Services at any time and ask us to delete your account. We may suspend or end your access if you break these terms, if your use creates a security or legal risk, or if we stop offering the Services. When access ends, the license above ends, and the sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnity and governing law) continue to apply.

Disclaimer of warranties

The Services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Services will be uninterrupted or error-free, that results such as track identification, tempo or key analysis will be accurate, or that Otomaki will remain compatible with any particular DJ software.

Limitation of liability

To the fullest extent the law allows, Right Track Collective will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Services, even if we were told they were possible. Our total liability for all claims related to the Services is limited to the greater of the amount you paid us for the Services in the 12 months before the claim arose, or US$50.

Some jurisdictions do not allow these exclusions or limits, so some of them may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

Indemnity

If you break these terms or use the Services to infringe someone else’s rights, you agree to defend and indemnify Right Track Collective against the resulting third-party claims, losses and reasonable costs, including legal fees.

Governing law

These terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. Any dispute arising from these terms or the Services will be heard in the state or federal courts located in Washington, and you and we consent to their jurisdiction. If you are a consumer, this does not take away protections you have under the mandatory laws of the place you live.

Changes to these terms

We may update these terms. We will post the new version on this page with a new effective date, and if a change is material we will tell you in the app or by email before it takes effect. Continuing to use the Services after a change takes effect means you accept it.

General

These terms and the Privacy Policy are the whole agreement between you and us about the Services. If any part is found unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver of it. You may not transfer these terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.