1. Acceptance
These Terms of Use ("Terms") form an agreement between you and the provider of MagicBPM ("we," "us," "our") regarding your use of the MagicBPM iPhone application and related services (collectively, "the App"). By installing or using the App, you confirm that you accept these Terms.
2. License
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, solely for your personal, non-commercial use, in accordance with these Terms and the Apple App Store Terms of Service. Any commercial or large-scale use — including licensing of the underlying detection technology — requires a separate agreement with us; see our SDK page.
3. Acceptable use
You agree not to:
- reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly permits;
- copy, modify, distribute, sell, sublicense, or lease the App or any part of it;
- use the App in any way that violates applicable laws or the rights of others, including recording others without consent where consent is required; or
- interfere with or attempt to disrupt the App's intended operation.
4. Microphone & audio
The App uses your device's microphone to measure tempo, with your permission. You are responsible for using the App's listening features lawfully and respectfully, including obtaining any consent required in your location before listening to or recording audio involving other people. How the App handles audio and data is described in our Privacy Policy.
5. Accuracy of readings
MagicBPM provides tempo (BPM) estimates for informational purposes only. Tempo detection is inherently approximate and depends on factors such as background noise, audio quality, and the music itself; readings may be inaccurate or ambiguous (for example, reporting half or double the perceived tempo). You should not rely on the App's output for any purpose where an error could cause harm or loss. We make no guarantee as to the accuracy of any reading.
6. Purchases & MagicBPM Pro
The App may be offered for free with an optional one-time in-app purchase, "MagicBPM Pro," that unlocks additional features. MagicBPM Pro is a one-time purchase and is not a subscription. All purchases are processed by Apple through the App Store and are subject to Apple's terms. Prices and the specific features included with Pro may change over time. Refunds are handled by Apple in accordance with App Store policies; we do not directly process payments or refunds.
7. Apple App Store terms
You acknowledge that these Terms are between you and us only, and not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
8. Intellectual property
The App, including its software, design, text, graphics, and the underlying tempo-detection technology, is owned by us and is protected by intellectual-property laws. Except for the limited license granted above, these Terms do not transfer any right, title, or interest in the App to you.
9. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or accurate, or that it will meet your requirements.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE FULLY DISCLAIMED, OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Changes
We may modify the App or these Terms at any time. When we update these Terms, we will revise the "Last updated" date above. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms. We may also change, suspend, or discontinue the App, in whole or in part, at any time.
12. Governing law
These Terms are governed by the laws of the United States and the State in which the provider is principally located, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to resolve any disputes in the courts located there, to the extent permitted by applicable law.
13. Contact
Questions about these Terms? Email us at [email protected].