Welcome to Metronome Pro - Tempo BPM (the "App"), operated by ULADZISLAU ZINCHANKA ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the App and any related services (collectively, the "Service"). By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy.
IMPORTANT NOTICE: These Terms include a Binding Arbitration Provision in Section 17 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis, and includes a waiver of your right to participate in class actions or other collective proceedings. Please read Section 17 carefully.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
This app is suitable for ages 4 and up. Children should have parental supervision when using the app.
Basic App Usage: Anyone 4 years or older may use the App with appropriate parental supervision. No account or registration is required to use the App.
Data Collection: For us to collect your personal information, the following age requirements apply:
If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must accept these Terms of Use on your behalf.
To purchase Premium Services (including subscriptions and in-app purchases), you must be at least 18 years old at the time of the purchase. Premium Services require entering into a binding contract, and users must have the legal capacity to enter into such contracts. If you are under 18, a parent or legal guardian must make the purchase on your behalf and agree to these Terms.
If you are a parent or legal guardian and allow your child to use the App, you acknowledge and agree that:
By using the Service, you represent and warrant that:
We grant you a limited, non-exclusive, non-transferable license to use the App on any mobile device you own or control, solely to access and use the Service as permitted by these Terms.
You agree not to:
Export Control and Sanctions Compliance: You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to trade restrictions or sanctions by the United States, European Union, or United Kingdom, and that you are not listed on any government list of prohibited or restricted parties.
All suggestions or requests you submit become our perpetual, royalty-free property, to use as we see fit.
All content and trademarks in the App are owned or licensed by us. You may not copy or create derivatives without written permission.
You are responsible for any content you create using the App, including metronome presets (BPM settings, time signatures, subdivisions, and preset names). You retain ownership of your presets and other content, but grant us a license to use feedback and support messages for service improvement.
By submitting, posting, or transmitting any content through the Service (including but not limited to feedback, feature requests, support messages, or any other communications), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology, whether now known or hereafter developed, for any purpose, including but not limited to improving the Service, marketing, and promotional purposes.
You represent and warrant that any content you submit:
We reserve the right, but are not obligated, to review, edit, or remove any content at any time for any reason, without notice.
Certain features of the App are accessible exclusively through a subscription. We offer subscription options including weekly and yearly plans. Subscriptions can be purchased through the Apple App Store. All payments are processed by Apple.
We currently offer the following subscription plans:
Subscription pricing is displayed in the App and may vary by region. All prices are subject to change at any time, with notice provided as required by applicable law.
We may offer free trial periods for certain subscription plans. If a trial is available, it will be explicitly stated during the checkout process. Trial periods allow temporary access to premium features. Important: Unless you cancel at least 24 hours before the trial period ends, your subscription will automatically convert to a paid subscription and your payment method will be charged the subscription fee for the selected plan.
We reserve the right to restrict your ability to participate in multiple trial offers or to modify trial availability at any time.
When you subscribe, your subscription will automatically renew at the end of each billing cycle (weekly or yearly, depending on your selected plan) unless you cancel it before the current subscription term ends.
Renewal Charges: Charges for renewal will be processed within 24 hours before the subscription term ends. If you cancel less than 24 hours before renewal, the cancellation will take effect after the subsequent billing cycle, and you will be charged for that cycle.
Important: Uninstalling the App does not automatically cancel your subscription. To stop recurring charges, you must actively cancel the auto-renewal through your Apple Account settings.
We reserve the right to modify subscription fees at any time, to the fullest extent allowed by applicable laws. We will provide advance notice of subscription fee changes when required by law. Updated subscription fees will take effect at the start of the next subscription term after the change is implemented. By continuing to use the subscription after the updated pricing takes effect, you agree to the new subscription fees. If you do not accept the subscription fee change, you can cancel your subscription at least 24 hours before the end of the current subscription term to avoid further charges.
Payment Authorization: By purchasing a subscription, you authorize Apple App Store to charge your payment method for the subscription fee. Payment will be processed according to Apple's terms and conditions.
Payment Methods: Payment methods accepted include those supported by the Apple App Store, such as credit/debit cards, PayPal, Apple Pay, and other payment methods available through Apple.
Non-Refundable Transactions: Except where applicable law provides otherwise or as outlined in these Terms, all subscription payments are final, non-refundable, and non-transferable.
Refund eligibility depends on the platform used for the purchase and is subject to specific conditions, as outlined below. Refunds are not guaranteed and are assessed on a case-by-case basis in accordance with applicable laws and these Terms.
App Store Purchases: If you purchased your subscription through the Apple App Store, refund requests must be directed to the respective platform, as they manage all billing and refund decisions independently. You can request a refund through:
U.S. Purchases: Residents of California or Connecticut may cancel a subscription up until midnight of the third business day following the date of purchase and receive a full refund, provided there is no breach of these Terms.
Confirmed Technical Bugs: In cases where a verifiable and confirmed technical bug prevents the proper use of the Service, a refund request may be considered. To determine whether an issue qualifies as a bug, you must provide us with all necessary technical details. Only after we review the information and confirm that the issue is a bug that materially affects the functionality of the Service may a refund be considered.
To prevent auto-renewal and avoid billing of subscription fees for the next subscription term, you must cancel your subscription before the current subscription term ends.
For App Store Purchases: If you subscribed or started a trial through the Apple App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple's support page on managing subscriptions.
After cancellation, you will continue to have access to premium features until the end of your current billing period. No refunds will be provided for the remaining portion of the current subscription period.
You can view and manage your subscription status, change plans, or cancel your subscription at any time through:
If you need assistance with subscription management, please contact us at dev.ohmyapp@gmail.com.
By subscribing, you agree that your purchase is not contingent on any future features, updates, or functionality, nor on any representations made by us. We reserve the right to modify, add, or remove features at any time.
The App integrates with various third-party services including RevenueCat (for subscription management) and Apple App Store (for payment processing). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, functionality, or content of these third-party services. Payment processing for subscriptions is handled entirely by Apple App Store, and we are not responsible for any issues related to payment processing.
Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.
The App is distributed through the Apple App Store and is subject to Apple's terms and conditions. We reserve the right to modify features or availability of the App at any time.
The availability and functionality of the App depend on the Apple App Store platform. You agree to pay any applicable fees required by Apple and to comply with Apple's terms, conditions, and policies. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.
If you are a consumer residing in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service's performance, and we are not liable for resulting issues.
If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (2) USD 100.00.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the "Indemnified Parties"), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent.
We may suspend or terminate your access to the Service at any time, with or without notice, for any breach of these Terms or for any other reason, including but not limited to:
If you have purchased a subscription, please refer to Section 7 (Subscriptions) for detailed instructions on how to cancel your subscription properly to avoid future billing.
You may stop using the Service at any time by uninstalling the App. If you have a subscription, you must cancel it through the methods described in Section 7 to avoid future charges.
Upon termination of your access to the Service:
Provisions that by their nature should survive termination will survive, including but not limited to Sections 5 (Intellectual Property), 6 (User Content), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 17 (Dispute Resolution).
We reserve the right to refuse, restrict, or suspend access to the Service to anyone, for any reason, at any time, without notice or liability. This includes the right to refuse service to users who violate these Terms or engage in fraudulent, abusive, or illegal activities.
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we will post the updated version within our Service. At our discretion, we may also notify you of significant changes via email or through the App.
If you do not agree with any updated Terms, you must stop using the Service or cancel your subscription. Your continued use after changes are implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. However, if you are a consumer residing in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the laws of your country of residence shall apply to the extent they provide greater protection.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, "Disputes"), will be resolved solely by binding, individual arbitration (i.e., not in a class, representative, or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that applicable law prohibits the exclusive use of arbitration for dispute resolution.
Notwithstanding the above, the following exceptions apply:
BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The waiver of class actions and collective relief is a fundamental component of this arbitration agreement. All claims must be brought on an individual basis. You acknowledge and agree that this arbitration agreement limits your right to appeal and other resolution processes.
All disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, except as modified herein.
The arbitration proceedings shall be held in Poland, unless the parties agree to an alternative location. The arbitration will be conducted in the English language.
You may opt out of this arbitration agreement within 30 days of accepting these Terms by submitting your notice via email to dev.ohmyapp@gmail.com stating your intention to opt out. Opting out will not affect other provisions of these Terms.
If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes that are not resolved through the arbitration agreement outlined in these Terms.
If you are a consumer based in the European Union, the United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, you have a statutory right to withdraw from contracts for online purchases of Service within 14 days of entering into the contract without providing a reason, unless specific conditions apply as detailed below.
When purchasing digital content online, including subscriptions, you agree that the content will be available to you immediately. By consenting to immediate access, you acknowledge that you waive your right of withdrawal and are not eligible for a refund, except as required by applicable law. When you purchase a subscription to access our Service, which is provided on a continuous basis, your access to the Service begins immediately upon completing the purchase. By consenting to the immediate commencement of your Subscription, you acknowledge and agree to waive your statutory right of withdrawal.
To exercise your right of withdrawal (where applicable), you must send an unequivocal statement of your intention to withdraw from the contract by emailing us at dev.ohmyapp@gmail.com. Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.
You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights or obligations hereunder, in whole or in part, to any third party at any time without your consent.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, earthquake, flood, act of God, act of war, terrorism, epidemic, pandemic, government action, labor dispute, or other cause which is beyond our reasonable control.
Upon termination of these Terms, all provisions that by their nature are intended to survive termination shall remain in effect. This includes but is not limited to provisions relating to Sections 5 (Intellectual Property), 6 (User Content), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 17 (Dispute Resolution), and this Section 19 (Miscellaneous).
If you have questions, email us at dev.ohmyapp@gmail.com.