Terms of Service
1. Acceptance of these terms
These Terms of Service ("Terms") form a binding agreement between you and Solfire Software, a sole proprietorship based in Canada ("we", "us", or "our"). By downloading, installing, or using the GAME DAY SOUND mobile application (the "App"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
2. Eligibility
The App is suitable for all ages. If you are a minor in your jurisdiction, you confirm that a parent or legal guardian has reviewed and accepted these Terms on your behalf.
3. Licence to use the App
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download, install, and use the App on devices that you own or control. The App is licensed, not sold.
4. Your music and public performance
The App does not provide, sell, or stream music. It plays audio files that you import from your own device. You are solely responsible for:
- having the legal right to copy and play every file you import; and
- any public-performance licence required to play music at a rink, arena, tournament or other public event (for example, a licence held by the venue or your association through a performing-rights organisation such as SOCAN, ASCAP, BMI or PRS).
Solfire Software is not responsible for the content you import or for how and where you play it.
5. Permitted use
You agree to use the App only for lawful purposes and only as these Terms allow. You agree not to:
- Copy, modify, distribute, sell, lease, or sublicense any part of the App.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the App's source code, except where applicable law expressly permits.
- Extract and redistribute the App's built-in sounds or announcer voice clips on their own.
- Use the App to play content that is unlawful, or that harasses, threatens or demeans players, officials or spectators.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
6. Intellectual property
The App, including its source code, design, artwork, icons, built-in sounds, announcer voice clips and branding, is owned by Solfire Software or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual-property laws. "GAME DAY SOUND" and the Solfire Software name are trademarks of Solfire Software.
Third-party assets are used under their licences and remain the property of their authors: the goal horn sound is "Goal horns for alert" by freesound_community, used under the Pixabay Content License. The announcer voice is AI-generated and is not the voice of a real person. Attribution is also shown in the App's Help screen.
7. Updates and changes to the App
We may release updates, fixes, and feature changes from time to time, including changes that add, alter, or remove features. We may also discontinue the App. We have no obligation to maintain any particular feature indefinitely.
8. Third-party storefronts
The App is distributed through the Apple App Store and Google Play. Your download and use of the App is also governed by the storefront's own terms (Apple Media Services Terms and Google Play Terms of Service). If those terms conflict with ours regarding distribution and payment, the storefront's terms prevail for that distribution.
9. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOLFIRE SOFTWARE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEVICE SETTINGS, INCOMING CALLS OR OTHER APPS WILL NOT INTERRUPT PLAYBACK.
Some jurisdictions do not allow exclusions of certain implied warranties, so some of the exclusions above may not apply to you.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOLFIRE SOFTWARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP. SOLFIRE SOFTWARE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of certain damages, so the limits above may not apply to you in full.
11. Indemnification
You agree to indemnify, defend, and hold harmless Solfire Software from any claim, demand, loss, damage, cost, or expense (including reasonable legal fees) arising out of your violation of these Terms, the content you import or play, your misuse of the App, or your violation of any law or the rights of any third party.
12. Termination
These Terms remain in effect while you use the App. We may suspend or terminate your licence if you violate these Terms. You may stop using the App at any time by uninstalling it. Sections that by their nature should survive termination (including Sections 4, 6, 9, 10, 11 and 13) will survive.
13. Governing law and disputes
These Terms are governed by the laws of Canada and the Province of British Columbia, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App will be brought exclusively in the courts of the Province of British Columbia, Canada. Nothing in this section limits your rights under the mandatory consumer-protection laws of your country of residence.
14. Changes to these Terms
We may revise these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the App after a revision takes effect constitutes acceptance of the revised Terms.
15. Severability and entire agreement
If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, are the entire agreement between you and Solfire Software regarding the App.
16. Contact
Questions about these Terms: support@solfiresoftware.ca