These Terms of Service (“Terms”) govern your access to and use of Orchestra Librarian’s Toolkit, including the desktop software application and related services.
1) Who we are
Orchestra Librarian’s Toolkit (“OLTK”, “we”, “us”, “our”) is operated by Christopher Rhys Turner (operating as Shake City Software), a New Zealand sole trader.
Contact: support@oltoolkit.com
2) What these Terms cover
These Terms apply to:
- the OLTK desktop application (the “Software”);
- our website and any account/subscription management pages (the “Website”);
- online services required for sign-in and licence verification (the “Services”);
- support channels (including email and the OLTK forum).
By downloading, installing, accessing, purchasing, starting a free trial, or using OLTK, you agree to these Terms.
3) Eligibility and accounts
You must be able to enter into a binding contract to use OLTK.
You agree to provide accurate account information and keep your login credentials secure. You are responsible for all activity under your account.
4) Free trials
We may offer free trials of one (1) week or one (1) month (each, a “Trial”). Trial availability and eligibility may change over time.
One trial per user: Unless we agree otherwise, Trials are limited to one Trial per person (and we may enforce this using reasonable signals such as email address and/or payment method).
Unless you cancel before your Trial ends, your paid subscription will begin automatically at the end of the Trial and you authorise us (and/or our payment provider) to charge the applicable fees.
5) Subscriptions, pricing, and renewals
OLTK is sold as a subscription (“Subscription”) in USD. Current pricing is:
- USD 14.99 per month per user, or
- USD 149.99 per year per user
Subscriptions renew automatically unless cancelled before the renewal date.
We may change pricing from time to time. If pricing changes apply to you, we will provide reasonable notice (for example, via the Website or email) and the new price will apply from your next renewal.
6) Payments are processed by Microsoft or Paddle
Payments for OLTK subscriptions are processed by either:
- Microsoft (for purchases made through the Microsoft Store, including in-app purchases, where applicable) (“Microsoft”); and/or
- Paddle (and/or its affiliates) (“Paddle”).
The payment provider you use will act in accordance with its own terms, policies, and privacy practices, and may (in many cases) act as the merchant of record. The relevant provider may collect and process payment and billing-related personal data to complete your purchase, calculate and collect applicable taxes, manage refunds/chargebacks where applicable, and provide receipts or invoices.
You agree to comply with the applicable terms and policies of the provider through which you purchase your Subscription (including Microsoft’s Microsoft Store terms and policies, and/or Paddle’s terms and policies).
We do not store your full payment card details on our servers.
7) Cancellation and refunds
You can cancel your Subscription at any time using the subscription management method for the provider you purchased through:
- Microsoft Store purchases: manage or cancel via your Microsoft account / Microsoft Store subscription settings;
- Paddle purchases: manage or cancel through Paddle’s subscription management tools (and/or any cancellation link or instructions provided at the time of purchase); and/or
- as otherwise described on the Website.
Cancellation takes effect at the end of your current billing period unless the applicable provider’s flow states otherwise.
Refunds (if any) are handled in accordance with:
- applicable law; and
- the refund/chargeback policies of the payment provider you used (Microsoft or Paddle).
Unless required by law, fees are non-refundable, and we do not provide refunds or credits for:
- partial subscription periods,
- unused time, or
- changing your mind.
If you believe you were billed in error, please contact us at [support@oltoolkit.com] and we will use reasonable efforts to help you resolve the issue with the relevant provider.
8) Desktop Software Licence (EULA)
8.1 Licence grant
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Software for your own internal use.
8.2 Single-user / two-device limit
Each Subscription is for one individual user.
That user may install and use the Software on up to two (2) Devices owned or controlled by that user.
You must not share your account, licence, or activation with any other person.
8.3 Device deactivation
We provide a self-serve mechanism to deactivate a Device (for example, when you replace a computer). We may apply reasonable limits to prevent abuse.
8.4 Restrictions
You must not (and must not attempt to):
- reverse engineer, decompile, or disassemble the Software (except to the extent such restriction is prohibited by law);
- bypass or interfere with licence checks, security features, or activation limits;
- rent, lease, resell, sublicense, distribute, or make the Software available to others;
- use the Software to provide bureau/outsourced services to third parties unless we explicitly agree.
9) Internet requirement and licence verification
The Software requires internet access at times for sign-in and licence verification. You are responsible for your internet connection and related costs.
We use reasonable efforts to keep the Services operating (“best efforts”), but we do not guarantee uninterrupted or error-free availability.
10) Acceptable use and copyright
You must not use OLTK:
- for unlawful activity;
- to infringe copyright or other intellectual property rights; or
- to process, store, or manage sheet music or other content unless you own it or are legally authorised to use it (e.g., public domain, licensed, or permission from the rights holder).
You must not introduce malware, interfere with the Services, or attempt unauthorised access.
11) Your content is processed locally
OLTK is designed so that your sheet music scans and files are processed locally on your Device. We do not receive or store your sheet music files on our servers as part of normal operation.
You are responsible for backing up your files and data stored on your Device.
If you choose to send us files for support, you:
- confirm you have the right to share them with us; and
- grant us permission to use them only as necessary to provide support.
12) Diagnostics, analytics, and error reporting
To help improve OLTK, the Software may collect and send limited technical and diagnostic information (for example: app version, OS version, device characteristics, error logs, and crash reports).
We use third-party providers for diagnostics and monitoring (for example, Sentry) and may use providers for anonymised usage statistics (for example, Microsoft), as described in our privacy policy.
13) Support
Your Subscription includes support via the OLTK forum and/or email, as described on the Website. We aim to respond within reasonable timeframes but do not guarantee specific response times.
14) Intellectual property
We own the Software, Services, Website, branding, and documentation, and all related intellectual property rights. Except for the licence granted in these Terms, no rights are granted to you.
If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.
15) Updates and changes
We may release updates, fixes, and new versions. Some updates may be required for security or continued operation.
We may modify or discontinue features over time. Where a change materially reduces core paid functionality, we will use reasonable efforts to provide notice.
16) Suspension and termination
You may stop using OLTK at any time and cancel your Subscription.
We may suspend or terminate your access if:
- you breach these Terms;
- payment is overdue/chargebacks occur;
- we reasonably suspect fraud, abuse, or security risks; or
- we are required to do so by law.
On termination, your licence ends and you must stop using the Software.
17) Disclaimers
To the maximum extent permitted by law, the Software and Services are provided “as is” and “as available.” We do not guarantee the Software will be uninterrupted, error-free, or meet all requirements.
Nothing in these Terms excludes rights that cannot be excluded under applicable law.
18) Limitation of liability
To the maximum extent permitted by law:
- we are not liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, goodwill, or data; and
- our total aggregate liability arising out of or relating to OLTK will not exceed the total fees you paid for OLTK in the 12 months immediately before the event giving rise to the claim.
19) Indemnity
You agree to indemnify us against claims and expenses arising from your breach of these Terms or your unlawful use of the Software, including claims relating to content you process (such as copyright disputes).
20) Governing law
These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.
21) Changes to these Terms
We may update these Terms from time to time. If changes are material, we will use reasonable efforts to notify you. Continued use after the effective date means you accept the updated Terms.
23) Contact
For questions about these Terms, contact: support@oltoolkit.com