Welcome to Sound Board Pro - Audio Pads (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.
If you do not agree, do not download, install, or use the App.
Please read Section 17. It requires individual arbitration of disputes that can legally be arbitrated, and it waives class and representative proceedings to the extent the law allows. Consumers in the EEA, the United Kingdom, and Switzerland keep the mandatory rights described in that section.
The App is a general-audience soundboard. It is not directed to children and it is not a children's service. A store content rating, such as 4+ on the Apple App Store or a low age rating on Google Play, describes the content. It does not mean the App is made for children.
You must be able to form a contract, or a parent or legal guardian must accept these Terms for you. Where consent is required for personal-data processing, the Privacy Policy describes the age rules.
To buy Premium you must be at least 18, or a parent or legal guardian must buy it with their own Apple Account or Google account and accept these Terms.
If you let a child use the App on your device, you accept these Terms and the Privacy Policy for that use, you consent to the processing the Privacy Policy describes, and you are responsible for the child's use and for any purchase made from that device.
You represent that you are not barred from using the Service, that you are not located in a country subject to a comprehensive embargo by the United States, the European Union, or the United Kingdom, and that you are not on a government list of prohibited or restricted parties.
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, solely to use the Service as these Terms allow. We reserve all rights not expressly granted. The license ends when these Terms end.
You will not copy the App except as needed to use it, rent it, sell it, or circumvent technical limits. You will not reverse engineer, decompile, or disassemble the App except where a statute forbids that limit.
You agree not to:
You choose the playback volume. Do not use the App for a safety-critical, medical, emergency, or life-safety purpose. Playback can stop because of the device, the operating system, a call, a permission, or a headphone disconnect.
If you send us a suggestion or feature request, including by email, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without any duty to you. Text that stays inside the App and is never delivered to us is not feedback we receive. Email dev.ohmyapp@gmail.com to contact us.
The App, its design, our trademarks, the built-in library sounds we supply, and related materials are owned by us or our licensors. You may not copy them or make derivative works, except for your own on-device use of the App as these Terms allow. Built-in sounds are licensed to you only inside the App. They are not sold to you.
You keep ownership of audio and other material you import ("User Content"). User Content stays on your device. The App does not upload it to our servers, and this section does not give us a license to that on-device audio.
You represent that you have the rights needed to import and play User Content, and that it does not break the law or anyone else's rights. We do not review User Content. We have no duty to store it, and a platform backup is controlled by Apple or Google, not by us.
If you email us, you grant us a worldwide, non-exclusive, royalty-free license to use that message to operate, secure, and support the Service, and to establish or defend a legal claim. That license does not cover on-device audio.
Some features require Premium. Premium is offered only as:
The name, price, billing period, trial length, and included features are whatever the App and the store purchase sheet show at the time you confirm. They can differ by country, by store, and over time. We do not promise that a particular plan will remain on sale.
If a purchase is described in the App as "lifetime," that word means a one-time unlock that does not renew. It is not a promise that the App, a feature, a server, or a device will be supported for the rest of your life, or that every future feature is included.
Which features are Premium can change. Remote configuration can change free limits and gating. Marketing text may not list every Premium feature. The purchase sheet controls what you are buying at that moment.
Digital purchases are billed only by the store:
We do not take your card number. By confirming a purchase you authorize that store to charge the payment method on the account.
A free trial exists only if the purchase sheet says so. It applies to the subscription shown there, not to a one-time unlock.
We and the stores may limit how many trials one account or device can receive.
An auto-renewing subscription renews for the same period unless you cancel before the current period ends. A one-time unlock does not renew.
Deleting the App does not cancel a subscription. You must cancel with the store. After you cancel, Premium from that subscription usually continues until the end of the period you already paid for. A Google Play trial can end sooner, as Section 7.3 describes. Where the law requires a refund of unused time, the store's process applies.
The store notifies you of a subscription price change under that store's rules. If you do not want the new price, cancel before it applies. Where the store requires your agreement, the subscription does not continue at the higher price unless you agree, and the store may end it if you do not. A one-time unlock is charged only for that purchase. We do not bill it again on a schedule.
The store decides refunds of store purchases, under its refund rules and applicable law. We cannot charge your card back ourselves.
Except where the law does not allow it, purchases are final once the store completes them. Nothing in this section removes a non-waivable consumer right, including rights described in Sections 12 and 18.
If you live in California or Connecticut, you may cancel a subscription until midnight of the third business day after the purchase and receive a full refund where that state's law requires it, provided you are not in material breach of these Terms.
If a defect we can reproduce stops a paid Premium feature from working, email us with the device model, OS version, and what happened. We may help you use the store's refund process. We do not promise a refund outside that process and applicable law.
Cancel an auto-renewing subscription in the store, not by uninstalling:
The App's subscription screen opens the management page for the store you installed from. A one-time unlock is not canceled in subscription settings. Any refund of a one-time unlock is handled by the store under Section 7.6.
You can restore Premium on a device signed into the same Apple Account or the same Google account that bought it. Restore depends on the store and on RevenueCat. We do not transfer a purchase from an Apple Account to a Google account, or the other way around.
A purchase is for the Premium access described at checkout, on the App as it then works. It does not buy a future feature, a particular update, or continued availability of any one sound, theme, or limit. We may add, change, or remove features.
The App uses RevenueCat for entitlements, the store for distribution and payment, Mixpanel for pseudonymous analytics, and Firebase Remote Config for feature flags. Their terms and privacy policies apply to their services. We are not responsible for a store's payment processing or for a provider's outage. The data each provider receives is described in the Privacy Policy.
The Privacy Policy is part of these Terms. If the Policy and these Terms conflict on a privacy question, the Policy controls.
This section applies only if you obtained the App from Apple. These Terms are between you and us only, not with Apple. We, not Apple, are responsible for the App and its content. These Terms do not give the App usage rules that conflict with the Apple Media Services Terms.
This section applies only if you obtained the App from Google Play. These Terms are between you and us. Google is not a party to them and is not responsible for the App or for these Terms.
Your use of Google Play, and purchases billed by Google, are also subject to the Google Play Terms of Service, including Google's subscription, trial, and refund rules. If these Terms conflict with the Google Play Terms of Service, or with terms Google requires for apps distributed on Google Play, the Google terms control to the extent of the conflict.
You must comply with third-party terms that apply to your device, including your wireless-data agreement.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, THAT PLAYBACK WILL BE GAP-FREE ON EVERY DEVICE, OR THAT A FEATURE WILL REMAIN AVAILABLE.
Some jurisdictions do not allow a disclaimer of certain warranties. In those jurisdictions, the disclaimers above apply only as far as the law allows.
If you are a consumer in the European Union, the United Kingdom, Norway, Iceland, Liechtenstein, or Switzerland, the Service will conform to the description and performance you could reasonably expect at the time of download or purchase, including reasonable compatibility. We will supply updates the law requires, and you should install them. If the Service does not conform, you may have rights to have it brought into conformity, to a price reduction, or to a refund under mandatory consumer law. Nothing in these Terms limits a right that cannot legally be limited.
TO THE MAXIMUM EXTENT THE LAW ALLOWS, WE AND OUR PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. THIS INCLUDES LOSS OF USER CONTENT STORED ONLY ON YOUR DEVICE.
TO THE MAXIMUM EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID FOR THE SERVICE THROUGH THE STORE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (2) USD 100.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
To the maximum extent the law allows, you will indemnify and hold harmless us and our providers from claims, damages, losses, and reasonable legal fees arising out of your User Content, your use of the Service, your breach of these Terms, or your violation of someone else's rights. We may control the defense of a claim that you must indemnify, and you will cooperate. This section does not apply to the extent a claim is caused by our own fraud or by liability the law does not let us shift to you. If you are a consumer, this indemnity applies only to the extent your local law allows it.
If you believe material in the App, including a built-in library sound, infringes your copyright or other intellectual property right, email dev.ohmyapp@gmail.com with: your name and contact details; a description of the work; a description of the material and where it appears in the App; a statement that you have a good-faith belief the use is not authorized; and a statement that your notice is accurate. We may remove the material, restrict access, or stop supporting an install. We do not control audio that exists only on a user's device, and we cannot delete that copy from here.
This contact is not a registration as a statutory designated agent unless we separately complete a registration that the law requires.
You may stop using the App by uninstalling it. Cancel any subscription separately under Section 7.7, or the store may keep charging.
We may suspend or end access if you materially breach these Terms, if we must do so to comply with law, or if we discontinue the App. Where it is reasonable and the law does not require immediate action, we will tell you by the contact we have, which may only be possible if you have emailed us. Local User Content remains on the device until you delete it or uninstall.
Sections that by their nature should survive do survive, including Sections 4, 5, 6, 7.6, 12, 13, 14, 15, 17, and 19.
Read this section. It affects where disputes are heard.
Except as this section provides, and only where the law allows this agreement to be enforced against you, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration. It will not be resolved in a class, collective, or representative proceeding.
TO THE EXTENT THE LAW ALLOWS, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. A claim may be brought only on an individual basis.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, or its Commercial Rules if the Consumer Rules do not apply. There will be one arbitrator. The language will be English. The seat will be Poland, unless the parties agree on another seat or mandatory consumer law requires a different venue. The arbitrator may award only individual relief.
You may opt out of this arbitration agreement within 30 days after you first accept these Terms. Email dev.ohmyapp@gmail.com with the subject "Arbitration opt-out," your name, and a statement that you opt out. The rest of these Terms still apply.
If you are a consumer habitually resident in the European Economic Area, the United Kingdom, Norway, Iceland, Liechtenstein, or Switzerland, you may bring proceedings in the courts of your country of residence, and the mandatory consumer law of that country applies. The arbitration agreement and the class waiver bind you only to the extent that law allows. They are not used to take away a right that law says cannot be waived.
If you opt out, or if arbitration cannot be enforced against you, the courts of Poland may hear the dispute, except that a consumer described in the previous paragraph may sue in the courts of their residence where mandatory law gives them that right.
If you are a consumer in the EEA or the United Kingdom, you may have a 14-day right to withdraw from a distance contract. That right has exceptions for digital content.
Premium is digital content that we make available immediately through the store. Where the law allows, by confirming the purchase and starting to use Premium you ask us to supply it immediately and you acknowledge that you then lose the withdrawal right. The store's purchase sheet and refund process also apply. Where a withdrawal right still exists, email a clear statement to dev.ohmyapp@gmail.com within the legal period. The store may still be the party that returns the money.
We may update these Terms by posting a new version at this URL. If a change is material and you are a consumer in the EEA, the UK, or Switzerland, it will apply to you when you accept it, or we may stop providing the Service if you do not. Where the law allows, continued use after the update is acceptance. If you do not agree, stop using the App and cancel any subscription.
These Terms are governed by the laws of Poland, excluding conflict-of-law rules that would apply another country's law. If you are a consumer in the EEA, the UK, Norway, Iceland, Liechtenstein, or Switzerland, you also have the protection of the mandatory law of your country of residence.
If a provision is unenforceable, the rest remains in effect. If a class waiver is unenforceable as to a dispute, that dispute will not be arbitrated on a class basis. The rest of the arbitration agreement still applies where the law allows.
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. Store terms described in Sections 10 and 11 also apply to the store relationship, except where mandatory consumer law requires otherwise. These Terms are in English.
You may not assign these Terms without our consent. We may assign them in connection with a transfer of the App or as the law allows.
A failure to enforce a provision is not a waiver. We are not liable for a delay or failure caused by events beyond our reasonable control, including a store outage, a change in store rules, or a failure of a network or device.
ULADZISLAU ZINCHANKA
Email: dev.ohmyapp@gmail.com
Send privacy requests, support, copyright notices, refund help, and arbitration opt-outs to that address.