Welcome to Sound Board - Audio Buttons (the "App"), operated by ULADZISLAU ZINCHANKA ("Company," "we," "us," or "our"), an individual sole-trader / entrepreneur registered in the Republic of Poland. 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 THE 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.
Data Collection: The App automatically processes limited pseudonymous analytics and configuration data as described in the Privacy Policy. Where consent is required for personal-data processing:
If you are too young to accept these Terms in your country of residence, a parent or legal guardian must accept them on your behalf.
To purchase Premium Services (including auto-renewing subscriptions and one-time / lifetime unlocks), you must be at least 18 years old, or a parent or legal guardian must make the purchase on your behalf using their Apple Account 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 applicable export and re-export control laws. You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive 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.
If you submit suggestions, ideas, or feature requests (including by email), you grant us a perpetual, royalty-free, worldwide license to use them without obligation to you. Message text typed into any in-app support form that is not actually transmitted to our servers is not feedback we receive — please email dev.ohmyapp@gmail.com to contact us.
All App software, design, trademarks, built-in library sounds we provide, and related materials are owned or licensed by us or our licensors. You may not copy or create derivatives of our App materials without written permission, except for your own Soundboard Content as described below.
You are responsible for audio and other content you import or create using the App ("User Content"). You retain ownership of your User Content. Your audio files and boards remain on your device and are not uploaded to our servers by the App.
By submitting feedback, feature requests, support messages, or other communications to us (e.g. by email), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such communications for operating, improving, and promoting the Service. This license does not grant us rights to your on-device audio files or boards.
You represent and warrant that any User Content and any communications you submit:
We reserve the right, but are not obligated, to refuse support or take reasonable action if we become aware of unlawful use.
Certain features of the App are available only with Premium access. Premium may be offered as auto-renewing subscriptions and/or as a one-time (lifetime) unlock. Purchases are made through the Apple App Store. All payments are processed by Apple.
Premium features may include, without limitation: higher board and sound limits, premium themes, background audio playback, and any other feature designated as Premium in the App at the time of purchase. Exact limits and gating may change over time and may be controlled in part by remote configuration. Marketing materials may not list every Premium feature.
We may offer some or all of the following (availability varies by region, experiment, and time):
Specific plans, prices, trial lengths, and availability are displayed in the App at purchase time and may vary by region and over time.
We may offer free trial periods for certain subscription plans. If a trial is available, it will be stated during checkout. Important: Unless you cancel at least 24 hours before the trial ends, the subscription typically converts to a paid auto-renewing subscription and your Apple payment method will be charged. Lifetime purchases do not use auto-renewing trials in the subscription sense.
We may restrict multiple trials or modify trial availability at any time.
Auto-renewing subscriptions renew at the end of each billing cycle (weekly or yearly, as applicable) unless you cancel before the current term ends.
Renewal Charges: Apple typically charges within 24 hours before the term ends. If you cancel less than 24 hours before renewal, you may still be charged for the next period according to Apple’s rules.
Important: Uninstalling the App does not cancel a subscription. Cancel auto-renewal in your Apple Account settings. Lifetime purchases do not auto-renew.
We may modify subscription fees to the fullest extent allowed by law, with notice when required. Updated fees generally apply at the start of the next subscription term. If you do not accept a change, cancel at least 24 hours before the end of the current term. Lifetime purchase prices shown at checkout apply to that purchase; we do not periodically re-bill lifetime unlocks.
Payment Authorization: By purchasing, you authorize Apple to charge your payment method under Apple’s terms.
Payment Methods: Those supported by the Apple App Store.
Non-Refundable Transactions: Except where applicable law provides otherwise or as outlined in these Terms, purchases are final, non-refundable, and non-transferable.
Refunds are handled primarily by Apple. Request refunds via Apple’s refund support or Apple Support.
U.S. Purchases: Residents of California or Connecticut may cancel a subscription until midnight of the third business day following purchase and receive a full refund where required by law, provided there is no breach of these Terms.
Confirmed Technical Bugs: If a verifiable bug materially prevents use of paid Premium features, contact us with technical details; we may assist with Apple’s process after confirming the issue.
To stop auto-renewal, cancel in your Apple Account at least 24 hours before the trial or subscription term ends. See Apple’s guide to managing subscriptions. After cancellation, Premium from a subscription usually continues until the end of the paid period. Lifetime unlocks are not cancelled via subscription settings; contact Apple for refund eligibility.
You can view and manage subscriptions through the App’s management screen (if available) and your Apple Account settings. For help, email dev.ohmyapp@gmail.com.
You may restore prior Apple purchases on a device signed into the same Apple Account. Restore depends on Apple / RevenueCat entitlement status.
Purchases are not contingent on future features. We may modify, add, or remove features at any time.
The App integrates with RevenueCat (subscription / entitlement management), Apple App Store (distribution and payments), Mixpanel (pseudonymous product analytics), and Firebase Remote Config / Google (feature flags and paywall configuration). Your use of those services is subject to their terms and privacy policies. We are not responsible for their availability or payment processing by Apple. Details on data each provider receives are in Section 4 of the Privacy Policy.
Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect information (including analytics and remote configuration).
The App is distributed through the Apple App Store and is subject to Apple’s terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them as needed to protect their rights. You agree to pay any applicable Apple fees and comply with Apple’s policies.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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, OR THAT AUDIO PLAYBACK WILL MEET YOUR PARTICULAR PERFORMANCE EXPECTATIONS ON EVERY DEVICE.
If you are a consumer in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description and performance at the time of purchase or download, including reasonable compatibility. We will provide necessary updates as required by applicable consumer law; you should install updates promptly. If the Service does not conform, you may have rights to repair, price reduction, or refund under mandatory consumer law. Nothing in these Terms limits non-waivable consumer rights.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE (INCLUDING OUR AGENTS, AFFILIATES, AND 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, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US / VIA APPLE FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (2) USD 100.00.
NOTHING EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FRAUD).
To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of: your use or misuse of the Service; your violation of these Terms; your violation of third-party rights; or User Content you import or play.
We may suspend or terminate access for breach of these Terms or other lawful reasons, including fraud, abuse, non-payment, or legal requirements. Subscription cancellation instructions remain in Section 7.
You may stop using the Service by uninstalling the App. Cancel subscriptions separately via Apple to avoid future charges.
We may refuse, restrict, or suspend access where reasonably necessary to protect the Service, users, or comply with law.
We may change these Terms by posting an updated 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 regard to conflict-of-law rules. If you are a consumer in the EU, UK, Liechtenstein, Switzerland, Norway, or Iceland, mandatory protections of your country of residence still apply to the extent they cannot be waived.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except as provided below or where prohibited by law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in a class, representative, or consolidated proceeding.
YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS to the fullest extent permitted by law. Claims must be brought individually.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Rules if Consumer Rules do not apply), before a single arbitrator, in English, seated in Poland unless the parties agree otherwise or mandatory consumer law requires another venue.
You may opt out of arbitration within 30 days of first accepting these Terms by emailing dev.ohmyapp@gmail.com stating your intent to opt out. Other Terms remain in effect.
If you reside in the EU, UK, Liechtenstein, Switzerland, Norway, or Iceland, mandatory consumer protections and courts of your place of residence may apply to disputes not resolved by arbitration where arbitration is not enforceable against you as a consumer.
EU/UK/EEA consumers may have a 14-day withdrawal right for distance contracts, subject to exceptions for digital content.
When you purchase digital content or a subscription and consent to immediate performance / access, you may waive the withdrawal right as permitted by law. By starting a subscription or unlocking Premium immediately, you acknowledge this where applicable.
Where withdrawal still applies, email an unequivocal notice to dev.ohmyapp@gmail.com within the statutory period. Apple may also control refund mechanics for App Store purchases.
If any provision is unenforceable, the remainder stays in effect. If the class waiver is unenforceable, arbitration proceeds individually to the fullest extent allowed.
These Terms and the Privacy Policy are the entire agreement regarding the Service.
You may not assign these Terms without our consent. We may assign them in connection with a business transfer or as permitted by law.
Failure to enforce a provision is not a waiver.
We are not liable for delays or failures caused by events beyond our reasonable control.
Provisions that by nature should survive termination survive, including Sections 5, 6, 11, 12, 13, 17, and 19.
ULADZISLAU ZINCHANKA
Email: dev.ohmyapp@gmail.com