Welcome to Metronome Pro - Tempo BPM (the "App"), operated by ULADZISLAU ZINCHANKA ("Company," "we," "us," or "our"), an individual entrepreneur based in Poland. These Terms of Use ("Terms") govern your access to and use of the App and related services (the "Service"). By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy.
IMPORTANT NOTICE: These Terms include a Binding Arbitration Provision in Section 17 that affects your legal rights, including a waiver of class actions. Read Section 17 carefully.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
The App may be suitable for younger users under store age ratings, with parental supervision recommended.
No account registration is required. Where consent is required for personal-data processing:
If you are too young to accept these Terms, a parent or guardian must accept them on your behalf.
Premium purchases must be made by someone 18+, or by a parent/guardian using their Apple Account.
If you allow a child to use the App, you agree to these Terms and the Privacy Policy on their behalf and are responsible for purchases.
We grant you a limited, non-exclusive, non-transferable license to use the App on devices you own or control, solely as permitted by these Terms.
You agree not to: violate laws or third-party rights; distribute malware; reverse-engineer the App except where such restriction is unlawful; interfere with the Service; use bots/scrapers without permission; or bypass payment or Premium gates.
Export / sanctions: You represent you are not prohibited under applicable U.S./EU/UK sanctions or export rules from using the Service.
Suggestions you send us (e.g. by email) may be used by us without obligation to you. In-app forms that do not transmit message text to our servers are not feedback we receive — please email dev.ohmyapp@gmail.com.
The App, design, sounds, and branding are owned or licensed by us or our licensors.
You retain ownership of custom presets you create. Presets stay on your device and are not uploaded to our servers by the App.
By emailing us, you grant a worldwide, royalty-free license to use those communications to operate and improve the Service.
Certain features require Premium, sold through the Apple App Store and managed with RevenueCat. Payments are processed by Apple.
Premium may include time-signature editing, subdivision control, tap tempo (when gated), saving/managing presets, and other features designated as Premium in the App. Some gates may be controlled by remote configuration and may change.
Plans, prices, and trials shown in the App at checkout control. Availability varies by region and time.
If a trial is offered, it will be stated at checkout. Unless you cancel at least 24 hours before the trial ends, Apple typically converts to a paid auto-renewing subscription.
Subscriptions renew until cancelled in your Apple Account. Uninstalling the App does not cancel a subscription. Cancel at least 24 hours before renewal per Apple’s rules.
We may change prices as allowed by law. You authorize Apple to charge your payment method. Except where law requires otherwise, purchases are final. Request refunds via Apple. California/Connecticut residents may have short statutory cancel rights where applicable.
Manage or cancel in Apple Account settings (see Apple’s guide) or the in-App screen if available. Help: dev.ohmyapp@gmail.com. You may restore purchases on devices signed into the same Apple Account.
Purchases are not contingent on future features. We may add, change, or remove features.
The App uses RevenueCat, Apple App Store, Mixpanel (analytics), and Firebase Remote Config / Google (feature flags). Their terms and privacy policies apply. Details: Privacy Policy.
Use of the App is subject to our Privacy Policy.
Distribution is through the Apple App Store. Apple and its subsidiaries are third-party beneficiaries of these Terms as needed to protect their rights.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT TEMPO / TIMING WILL MEET EVERY PROFESSIONAL PERFORMANCE REQUIREMENT ON EVERY DEVICE.
Nothing limits mandatory EU/UK consumer rights that cannot be waived.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.
OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) AMOUNTS YOU PAID FOR THE SERVICE IN THE PRIOR 12 MONTHS, OR (2) USD 100.
WE DO NOT EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
To the fullest extent permitted by law, you will indemnify us against claims arising from your use of the Service or your violation of these Terms.
We may suspend or terminate access for breach or lawful reasons. You may stop by uninstalling; cancel subscriptions separately via Apple. Surviving provisions include IP, disclaimers, liability, indemnity, and arbitration.
We may update these Terms by posting a new version at this URL. Continued use after changes constitutes acceptance where permitted. If you disagree, stop using the Service and cancel any subscription.
These Terms are governed by the laws of Poland, without conflict-of-law rules. Mandatory consumer protections of your country of residence still apply where they cannot be waived.
PLEASE READ CAREFULLY.
Except as below or where prohibited, disputes arising from these Terms or the Service will be resolved by binding individual arbitration, not class actions. Exceptions: individual small-claims actions within jurisdictional limits; injunctive relief to protect IP.
YOU AND WE WAIVE JURY TRIAL AND CLASS / REPRESENTATIVE ACTIONS to the fullest extent permitted by law.
Arbitration before a single arbitrator under AAA Consumer Arbitration Rules (or Commercial Rules if Consumer Rules do not apply), in English, seated in Poland unless agreed otherwise or mandatory consumer law requires another venue.
Email dev.ohmyapp@gmail.com within 30 days of first accepting these Terms to opt out of arbitration. Other Terms remain in effect.
For EU/UK consumers, mandatory protections and local courts may apply where arbitration is not enforceable against you as a consumer.
Where digital content is supplied immediately with your consent, withdrawal rights may be waived as permitted by law. App Store refunds remain subject to Apple’s rules.
If any provision is unenforceable, the rest remains. These Terms + Privacy Policy are the entire agreement. You may not assign without our consent; we may assign in a business transfer. Failure to enforce is not a waiver. Force majeure applies to events beyond reasonable control.
ULADZISLAU ZINCHANKA
Email: dev.ohmyapp@gmail.com