Terms of Use
TrackHound

Application: TrackHound (iOS)
Provider: Pondstack Software, represented by Jürgen Frosch
Address: Segeberger Chaussee 162, 22851 Norderstedt, Germany
E-Mail: info@pondstack.com
VAT ID: DE 250 223 616
Version: May 2026

1. Provider and Scope

These Terms of Use apply to the iOS application TrackHound (hereinafter "App") provided by Pondstack Software, represented by Jürgen Frosch, Segeberger Chaussee 162, 22851 Norderstedt, Germany (hereinafter "Provider").

By downloading, installing, or using the App, the user agrees to these Terms of Use.

2. Subject Matter and Description of Services

TrackHound is a native iOS app for automatically recognizing and managing music tracks during DJ sets, live events, and everyday listening. The app uses Apple ShazamKit for music recognition and enables the management of tracklists (sessions) as well as export to streaming playlists.

The application includes the following features:

• Continuous music recognition via iPhone microphone, wired headsets, USB audio interfaces, or Bluetooth devices (Apple ShazamKit, requires internet connection)
• Automatic Gain Control (AGC) for signal normalization in loud environments — with a visual signal indicator (Normal / Hot / Clipping)
• Two-layer deduplication: tracks are only recorded after two consecutive confirmations; duplicates within a 90-second window are suppressed
• Background recognition: listening continues when the user switches tabs or locks the screen
• Quick Start: listening starts automatically when the app is opened, with a session assignment dialog on the first recognized track (new session or one of the last 5 sessions)
• Management of multiple sessions (tracklists) with start time, duration, track count, optional venue name (GPS), notes, and favorite marking
• Resume session: interrupted sessions can be continued seamlessly — via a dialog on start or by swiping in the sessions list
• Cover Art Collage: automatically generated preview image from up to 4 cover arts of recognized tracks
• Session Comparison: compare two sessions side by side — shared tracks, BPM distribution, and similarity score as a percentage
• Parallel search for recognized tracks across enabled streaming services (Apple Music, Spotify, Tidal, Deezer, iTunes Store, Beatport) via ISRC or title/artist
• Playlist export to Apple Music (MusicKit), Tidal, and Deezer (OAuth PKCE)
• Spotify export: full playlist creation with your own developer account; alternatively a copyable URI list or plain-text tracklist for third-party converters
• Additional export formats: plain text, JSON, clipboard, iOS share sheet
• Live Activity and Dynamic Island: recognition status displayed on the Lock Screen and in the Dynamic Island — even when the screen is off
• Local push notifications for new track recognitions and idle-timeout warnings (9 and 10 minutes without recognition)
• iCloud synchronization (optional): keep sessions and tracklists in sync across multiple Apple devices (Settings → iCloud Sync)
• Language override: display language selectable in Settings → Language (System / German / English)
• Guided onboarding on first launch (4 pages: concept, usage, service setup)
• Fully bilingual interface: German and English

The Provider reserves the right to modify, expand, or reduce the App's features through updates.

3. License and Distribution

TrackHound is distributed as a paid iOS application via the Apple App Store. Upon purchasing the App through the Apple App Store, Pondstack Software grants the user a non-exclusive, non-transferable, revocable license to use the App on their own Apple devices.

Apple's App Store Terms of Service apply in addition. The Provider reserves the right to change the distribution model of the App. Material changes will be announced on the product page at pondstack.com/trackhound.

4. Usage Rights and Restrictions

The user receives the right to install and use the App on their own authorized Apple devices. The user is expressly prohibited from:

• Copying, distributing, or making the App available to third parties for payment
• Attempting to obtain the source code through reverse engineering, decompilation, or disassembly
• Modifying the App, creating derivative works, or renting it out
• Removing copyright notices, proprietary markings, or other identifications
• Using the App for any unlawful purposes

5. Third-Party Services and Prerequisites

Certain features of the App require the use of third-party services, each governed by their own terms of service and privacy policies:

• Apple ShazamKit: Music recognition requires an active internet connection and is subject to Apple's terms of service and privacy policy.
• Apple MusicKit: The Apple Music integration requires an Apple ID and an active Apple Music subscription.
• Spotify: Full playlist export via the Spotify Web API requires a personal developer account with a registered redirect URI. Use of Spotify is subject to Spotify's Terms of Service.
• Tidal & Deezer: Playlist export requires an active account with the respective service and consent to OAuth linking within the app. The respective terms of service of each service apply.
• Beatport, iTunes Store: These services are used exclusively for search and direct-link purposes; no playlist export, no authentication.
• iCloud (optional): iCloud synchronization requires an Apple ID with an iCloud account and is subject to Apple's terms and storage policies.

The Provider assumes no responsibility for the availability, content, or terms of these third-party services.

Important Notice Regarding Third-Party API Dependency: Features such as playlist export to Spotify, Tidal, and Deezer, as well as music recognition via Apple ShazamKit, rely on application programming interfaces (APIs) and OAuth authentication systems that are exclusively controlled by the respective third-party providers. The Provider has no influence over:

• Changes to API endpoints, authentication methods, or terms of service of third-party providers
• The revocation or restriction of developer access or OAuth permissions by Spotify, Tidal, Deezer, Apple, or other services
• The discontinuation, suspension, or restriction of third-party APIs or services, even without prior notice
• Changes to third-party pricing models that make developer access subject to fees or impose additional restrictions
• Revocation or expiration of OAuth tokens or developer credentials
• Decisions by third-party providers to deactivate or block third-party applications or developer accounts

Should individual streaming features be restricted or completely disabled due to changes made by third-party providers, this shall not give rise to any claims by the user against the Provider — neither for refund, price reduction, damages, nor any other remedy. The Provider will endeavor to adapt affected features where possible or provide alternative solutions, but is not obligated to do so.

6. User Obligations

The user agrees to:

• Use the App exclusively for lawful purposes
• Not process or store any content for which they do not hold the necessary rights
• Protect access credentials for linked streaming services and not share them with third parties
• Not use the App in any way that violates the rights of third parties — including copyrights in music
• Only use the App on devices on which they are authorized to install applications

7. Feedback and Support

The Provider welcomes feedback about the App. Users may report bugs and suggestions for improvement to info@pondstack.com. The Provider is under no obligation to fix reported bugs or implement suggestions.

Support is provided to the extent economically and technically feasible. No claims to response times or the resolution of specific bugs exist.

8. Data Backup

Sessions and tracklists are stored locally on the device (SwiftData). The user is responsible for backing up this data. The Provider is not liable for data loss resulting from missing backups or device failures.

Optional iCloud synchronization may provide some protection against local data loss but does not constitute a complete backup. Apple's availability and storage terms apply for iCloud.

9. Updates and Development

The Provider makes updates available to the extent technically and economically feasible. There is no entitlement to specific updates, new features, or the resolution of particular bugs. The Provider may discontinue support for older iOS versions with new updates.

Updates may change the scope of functionality. Material functional changes will be communicated on the product page at pondstack.com/trackhound.

10. Liability

10.1 Unlimited Liability: The Provider is fully liable for intent and gross negligence, under product liability law, and for injury to life, body, or health.

10.2 Limited Liability: For slight negligence, the Provider is only liable if a material contractual obligation (cardinal duty) is breached. In such cases, liability is limited to the foreseeable, contract-typical damage.

10.3 Exclusions: To the extent permitted by law, the Provider is not liable for:

• Data loss resulting from missing or inadequate backups
• Incorrect, incomplete, or absent recognition results from the ShazamKit service
• Changes to, restrictions on, suspension of, or complete discontinuation of third-party services and their APIs (Apple ShazamKit, Spotify, Tidal, Deezer, Apple Music, Beatport, iTunes Store), including the revocation of developer access, changes to OAuth permissions, or deactivation of third-party applications by the respective platform operators
• Loss of access credentials for linked services
• Incompatibilities with future iOS versions, hardware, or third-party software
• Copyright infringements by the user in connection with use of the App
• Indirect damages, lost profits, or consequential damages in cases of slight negligence

11. Warranty

For the App distributed for payment via the Apple App Store, the statutory warranty rights for digital products under German law apply. Warranty claims become time-barred two years from the delivery date.

The Provider makes no warranty that the App will be error-free or uninterrupted, that ShazamKit will reliably recognize every track, or that the App will be suitable for the user's specific purposes.

12. Termination and Uninstallation

The usage license terminates automatically if the user violates these Terms of Use. Upon termination, the user is obligated to remove all copies of the App.

Uninstallation is performed using iOS's standard method (long-press app icon → "Remove App"). Local data (sessions, tracklists) can be backed up or deleted beforehand in iOS Settings → TrackHound.

13. Amendments to Terms of Use

The Provider reserves the right to update these Terms of Use in the event of significant changes to the App or the applicable legal framework. The current version is always available at pondstack.com/trackhound-terms. Material changes that significantly affect user rights will be communicated on the product page at pondstack.com/trackhound. If you do not agree to any changes, you may discontinue use and uninstall the App.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country where the user ordinarily resides remain unaffected.

To the extent permitted by law, the place of jurisdiction is Hamburg, Germany.

15. Severability

If any provision of these Terms of Use is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.