Terms of Service

Draft notice: This document is a comprehensive starting draft intended to pass App Store review on submission. It still needs review by a qualified attorney in your jurisdiction before the app goes public — particularly the dispute-resolution, governing-law, and class-action-waiver clauses, which are highly state-specific. Sections in italics are flagged for legal review.

These Terms of Service ("Terms") govern your use of the OVRHD iOS app and the website at ovrhd.co (together, the "Services"), both operated by Jonas Enterprises ("OVRHD", "we", "us"). By installing, accessing, or using the Services you agree to these Terms and our Privacy Policy. If you don't agree, don't use the Services.

1. Eligibility

You must be at least 13 years old to use OVRHD. If you are between 13 and 18, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. By creating an account you represent that the age and other information you provide is accurate.

The Services are not directed at children under 13. If we learn that someone under 13 has created an account, we'll delete it.

2. Your account

You're responsible for the security of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@ovrhd.co if you suspect unauthorized access. You will not share your account, sell it, or transfer it to anyone else.

3. Acceptable use

When using OVRHD you agree NOT to:

• Harass, threaten, dox, impersonate, or incite violence against any person.
• Publish content that's illegal, hateful, sexually explicit, defamatory, or that infringes someone else's intellectual property.
• Spam, exploit, or attempt to game the Concert Wall, the "Steal this sign" feature, or any rating/visibility mechanic.
• Use OVRHD to record or broadcast in venues where photo / video / phone-use is prohibited by the venue's policies.
• Reverse-engineer the Services, scrape our servers, probe for vulnerabilities, or interfere with our infrastructure.
• Use the Services to build a competing product or to extract our user base for outside use.
• Use bots, scrapers, or any automated means to access the Services without our written permission.
• Circumvent any access restriction or rate limit.
• Violate any applicable law (including export-control, copyright, and consumer-protection laws).

We may remove content, suspend, or terminate accounts that violate these rules, at our discretion, without prior notice. In serious cases (illegal content, threats of harm) we may also report the conduct to law enforcement.

4. Your content

4.1 You keep ownership

You retain all rights to the signs, video clips, and other content you create with OVRHD ("Your Content"). We don't claim ownership.

4.2 License you grant us

By posting a sign to the public Concert Wall, or sharing a sign via the "Steal this sign" QR feature, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, display, and distribute that sign to other OVRHD users — solely to operate the feature you used. The license ends when you (or we) take the content down, except as needed for backups and audit logs.

The license does not extend to your recorded video files. Those stay on your device unless you share them yourself via the iOS share sheet.

4.3 Your representations

You represent and warrant that you own or have the rights to any content you publish via OVRHD, and that doing so does not violate anyone else's rights or applicable law.

4.4 Removing your content

You can delete any sign you posted from inside the app. To remove a publicly-shared sign or a specific "Steal this sign" code from our servers, email hello@ovrhd.co with the relevant code. We will action it within 7 days.

5. DMCA / copyright takedowns

If you believe content on OVRHD infringes your copyright, please send a notice to hello@ovrhd.co with:

• Your name, address, and electronic signature.
• A description of the copyrighted work claimed to be infringed.
• The location (e.g. specific code, wall post URL) of the allegedly infringing material.
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the rights-holder or authorized to act on the rights-holder's behalf.

We will respond to valid notices in accordance with the Digital Millennium Copyright Act and will terminate repeat infringers' accounts.

6. Purchases

6.1 Apple handles payment

OVRHD Pro and Artist Packs are non-consumable in-app purchases sold through the Apple App Store. Apple — not OVRHD — handles payment, billing, taxes, and refunds. Your purchase is governed by your agreement with Apple. We grant you access to the purchased feature as long as Apple reports a valid entitlement.

6.2 What's included

• OVRHD Pro ($4.99, one-time) — unlocks all artist packs, custom font upload, and removes the watermark from new recordings made after purchase. Recordings made before upgrading retain their existing watermark; we cannot retroactively remove a baked-in watermark.
• Per-pack purchases ($1.99 each) — unlock the artist pack for your account.
• All Artist Packs bundle ($9.99) — unlocks every pack at once. Pro Unlock also grants every pack.

6.3 Restore + family sharing

Tap "Restore Purchases" in Settings to re-entitle a fresh install on the same Apple ID. Purchases are Family Sharing-enabled where Apple supports it.

6.4 Refunds

Refund requests are handled by Apple. Submit a request at reportaproblem.apple.com. We don't have the ability to process refunds directly.

7. Third-party services

OVRHD integrates with third-party services for share-out (Instagram, TikTok), authentication (Apple, Google Firebase), and analytics (Firebase). Those services have their own terms and privacy policies. We're not responsible for content or behavior outside OVRHD itself.

8. Service availability + changes

We may add, change, or remove features at any time. We may take the Services offline for maintenance or, in extreme cases, discontinue them entirely. If we shut OVRHD down, we'll give 30 days' notice so you can export your data, where reasonably possible.

9. Disclaimers

[All caps in this section is required by many U.S. state warranty statutes — keep the formatting on legal review.]

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.

We make no representation about the accuracy, reliability, or appropriateness of signs or recordings posted by other users.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OVRHD, JONAS ENTERPRISES, OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) U.S. $50.

Some jurisdictions don't allow limits on implied warranties or incidental damages. If you live in one, the above limits apply only to the maximum extent permitted by your local law.

11. Indemnification

You agree to defend, indemnify, and hold harmless OVRHD and its affiliates from any claim, damages, liability, or expense (including reasonable attorney's fees) arising out of your use of the Services, your violation of these Terms, or your violation of another's rights or applicable law.

12. Termination

You may terminate your account at any time by emailing hello@ovrhd.co. We may suspend or terminate your access if you violate these Terms or for any reason in our reasonable discretion. Sections that should survive termination (ownership, license, disclaimers, limitation of liability, indemnification, dispute resolution, governing law) survive.

13. Dispute resolution (US users)

13.1 Informal resolution first

Before filing a formal claim, you agree to email us at hello@ovrhd.co and give us 30 days to resolve the dispute informally.

13.2 Arbitration (opt-out available — see 13.5)

If informal resolution fails, any dispute arising out of or relating to the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, instead of in a court. The arbitration will be conducted in [STATE], and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class-action waiver

You and OVRHD agree that disputes will be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

13.4 Exceptions

This section does not require arbitration for small-claims-court actions, requests for injunctive relief related to intellectual property, or any other claim that applicable law excludes from mandatory arbitration.

13.5 30-day opt-out

You may opt out of arbitration and the class-action waiver by emailing hello@ovrhd.co within 30 days of first accepting these Terms, with the subject line "OVRHD Arbitration Opt-Out" and your name + account email. If you opt out, the rest of these Terms still apply.

14. Governing law

These Terms are governed by the laws of [STATE], U.S.A., without regard to its conflict-of-laws principles. Where these Terms allow court actions (small-claims, injunctive relief), those actions will be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you consent to the personal jurisdiction of those courts.

15. Apple-specific terms (iOS App Store)

You acknowledge that these Terms are between you and OVRHD only — not Apple. Apple has no obligation to provide support or maintenance for OVRHD. If OVRHD fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.

16. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and OVRHD regarding the Services.
• No waiver. Our failure to enforce a right doesn't waive that right.
• Severability. If any provision is held unenforceable, the rest of these Terms remain in effect.
• Assignment. You can't assign these Terms without our written consent; we can assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices. We'll send legal notices to the email address tied to your account. You can send notices to hello@ovrhd.co.

17. Contact

Jonas Enterprises · United States
Email: hello@ovrhd.co