Welcome to Beat Maker Drum Pad: Xpads (the "App"). On a device the App may appear under the shorter name "Beat Maker". The application id is com.outstandyy.mpc. The App is operated by ULADZISLAU ZINCHANKA ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the App on the Apple App Store or Google Play, and related services (the "Service"). By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy.
Read Section 17. It includes an individual arbitration agreement and a waiver of class actions, where the law allows those terms to bind you.
If you do not agree to these Terms, do not use the Service.
The App is a general-audience tool. It is not directed to children and it is not a children's service. A store content rating describes the material in the App. It is not a statement that we operate a service for children.
You do not register an account. Where the law requires consent before personal data is processed, you must have reached the digital-consent age in your country (often 16 in the EEA, sometimes lower) or a parent or guardian must consent. In the United States, use by a child under 13 requires a parent or guardian.
Premium must be bought by someone who is at least 18, or by a parent or guardian using their own Apple Account or Google account. If you let a child use the App, you accept these Terms and the Privacy Policy for that use, and you are responsible for purchases made from your store account.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your personal use, as these Terms and the store's rules allow. We reserve all rights we do not expressly grant.
You agree not to break the law or someone else's rights, upload malware, interfere with the Service, reverse-engineer the App except where a law forbids that restriction, scrape the Service without permission, or bypass free-tier limits or the store's payment system.
You represent that you are not barred from using the Service under applicable sanctions or export rules, including those of the United States, the European Union, and the United Kingdom.
If you send us a suggestion, for example by email, we may use it without any duty to pay you or to keep it confidential.
The App, its branding, and content we supply are owned by us or our licensors. You may not copy our materials to build a competing product.
You keep ownership of beats and audio you create or import. They stay on your device unless you yourself share them through the system share sheet. You represent that you have the rights needed to import and play that audio. A message you submit in the App is described in the Privacy Policy, and we may use it to operate and improve the Service.
Premium is the paid access described in the App. Free use may limit kits, pads, or other features the App shows. What Premium includes is described in the App and can change by remote configuration. A purchase is an auto-renewing subscription. It is not a one-time unlock and it is not a promise that the App will exist for any fixed number of years.
The price, billing period, and any free trial are whatever the purchase sheet shows when you confirm. We do not list plans or prices in these Terms, because they differ by country and can change.
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.
We and the stores may limit how many trials one account or device can receive.
A subscription renews for the same period unless you cancel before the current period ends.
Deleting the App does not cancel a subscription. You must cancel with the store. After you cancel, Premium usually continues until the end of the period you already paid for. A Google Play trial can end sooner, as Section 7.3 describes.
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.
The store decides refunds of store purchases, under its refund rules and applicable law.
Except where the law does not allow it, purchases are final once the store completes them. Nothing in this section removes a right that cannot legally be waived, 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.
The App can open the management page for the store you installed from. Help: dev.ohmyapp@gmail.com.
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 Premium as described at checkout, on the App as it then works. It does not buy a future feature or a particular update. We may add, change, or remove features, including free-tier limits.
The providers that receive data are listed in the Privacy Policy. Their terms apply. We are not responsible for a store's payment processing or for a provider's outage.
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. If these Terms conflict with the Apple Media Services Terms of Use, the Apple Media Services Terms control.
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. If these Terms conflict with the Google Play Terms of Service, the Google terms control to the extent of the conflict.
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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR THAT A FEATURE WILL REMAIN AVAILABLE.
We do not clear the rights in samples, loops, or recordings you add. You are responsible for that audio. The App is a music tool, not a promise of a particular sound on every device.
If you are a consumer in the European Union, the United Kingdom, Norway, Iceland, Liechtenstein, or Switzerland, nothing in these Terms limits a right that cannot legally be limited, including rights about conformity, updates, price reduction, or a refund under mandatory consumer law.
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, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. THIS INCLUDES LOSS OF 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 us against claims arising out of content you submit, your use of the Service, your breach of these Terms, or your violation of someone else's rights. If you are a consumer, this indemnity applies only to the extent your local law allows it. It does not apply to our own fraud or to liability the law does not let us shift to you.
If you believe material in the App infringes your copyright, email dev.ohmyapp@gmail.com with your name, a description of the work, where the material appears, and a statement that you have a good-faith belief the use is not authorized. We may remove material we control. We cannot delete a copy that exists only on a user's device.
You may stop by uninstalling. 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. Sections that by their nature should survive do survive, including Sections 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.
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.
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.
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. Premium is digital content supplied immediately through the store (Apple on iOS, Google Play on Android). Where the law allows, by confirming the purchase and starting to use Premium you ask for immediate supply and you acknowledge that you then lose the withdrawal right. Where a withdrawal right still exists, email 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. 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. These Terms and the Privacy Policy are the entire agreement between you and us about the Service. You may not assign these Terms without our consent. We may assign them in connection with a transfer of the App. A failure to enforce a provision is not a waiver.
ULADZISLAU ZINCHANKA
Email: dev.ohmyapp@gmail.com
Send privacy requests, deletion requests, support, copyright notices, refund help, and arbitration opt-outs to that address.