Last updated: November 14, 2024

Terms of Service

Welcome to Professional Metronome. These Terms of Service ("Terms") govern your use of our website and metronome service (the "Service") operated by Professional Metronome ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing and using this website, you accept and agree to be bound by the terms and conditions of this agreement and our Privacy Policy.

1.2 Capacity to Contract

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that you are at least 13 years of age.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Description of Service

2.1 Metronome Service

We provide a free online metronome tool designed for musicians and music students. The Service includes:

• Precise timing functionality (40-240 BPM)
• Multiple time signatures and subdivisions
• Visual beat indicators
• Tap tempo functionality
• Multi-language interface support

2.2 Additional Features

• User rating system for service improvement
• Educational content and practice guides
• Community features and support

3. User Responsibilities and Conduct

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or to solicit unlawful activities
• Violate any applicable laws or regulations
• Infringe upon or violate our intellectual property rights or the rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems to access the Service without permission
• Interfere with or disrupt the Service or servers connected to the Service

3.2 Prohibited Activities

The following activities are strictly prohibited:

• Reverse engineering, decompiling, or disassembling any part of the Service
• Creating derivative works based on the Service
• Using the Service to compete with us or for commercial purposes without permission
• Collecting user information without consent
• Impersonating others or providing false information

3.3 Rating System Usage

When using our rating system:

• Provide honest and accurate ratings
• Do not attempt to manipulate ratings through multiple accounts or automated systems
• Respect rate limiting measures in place

4. Intellectual Property Rights

4.1 Our Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Professional Metronome and its licensors. The Service is protected by copyright, trademark, and other laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

4.3 Trademark Notice

All trademarks, service marks, and logos used on the Service are trademarks or registered trademarks of their respective owners.

5. Advertising and Revenue

5.1 Advertisement Display

Our Service is supported by advertising. By using the Service, you acknowledge and agree that:

• Advertisements may be displayed on the Service
• We use Google AdSense and other advertising networks to serve ads
• Ads may be targeted based on your browsing behavior and interests
• We may earn revenue from advertisements displayed to users

5.2 Third-Party Advertising

• Third-party advertisers may display ads on our Service
• We are not responsible for the content of third-party advertisements
• Clicking on ads may redirect you to third-party websites
• Third-party websites are governed by their own terms and privacy policies

5.3 Ad Blocking

While you may use ad-blocking software, please note that:

• Advertising revenue helps us maintain the free Service
• Ad blocking may affect certain functionalities of the Service
• We appreciate users who allow non-intrusive advertisements

6. Privacy and Data Collection

6.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service.

6.2 Data Collection

By using the Service, you consent to the collection and use of information as described in our Privacy Policy, including:

• Analytics data for service improvement
• Cookies and tracking technologies
• Information sharing with advertising partners

6.3 User Communications

If you contact us, we may keep a record of that correspondence and may use your contact information to respond to you.

7. User Content and Feedback

7.1 Ratings and Reviews

When you provide ratings or reviews:

• You grant us a non-exclusive, royalty-free, perpetual license to use, modify, and display such content
• You warrant that your content does not violate any third-party rights
• We reserve the right to remove any content that violates these Terms

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service:

• Such feedback is provided voluntarily
• We may use feedback to improve the Service without compensation to you
• You waive any rights to such feedback

8. Disclaimers and Limitations

8.1 Service Availability

• The Service is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free operation
• The Service may be temporarily unavailable due to maintenance or technical issues
• We reserve the right to modify or discontinue the Service at any time

8.2 Accuracy Disclaimer

• While we strive for timing accuracy, we cannot guarantee perfect precision in all circumstances
• The Service is intended for practice purposes and may not be suitable for professional recording or performance
• Users should verify timing requirements for their specific use cases

8.3 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

9. Limitation of Liability

9.1 Limitation of Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

9.2 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS, WHICHEVER IS LESS.

9.3 Geographic Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Professional Metronome and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right
• Any content you submit, post, or transmit through the Service

11. Termination

11.1 Termination by You

You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service.

11.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You must cease all use of the Service
• Provisions that should survive termination will continue in effect

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms shall be interpreted and governed by the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or related to these Terms or the Service shall be resolved through:

1. Informal Resolution: First, contact us to try to resolve the dispute informally
2. Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration
3. Class Action Waiver: You agree not to participate in class action lawsuits against us

12.3 Jurisdiction

For any legal proceedings not subject to arbitration, you agree to submit to the jurisdiction of the courts located in [Your Jurisdiction].

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Service and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

13.5 Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control.

14. Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@tapmetronome.app
Address: [Your Business Address]
Business Hours: [Your Business Hours]

15. Acknowledgment

By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Effective Date: November 14, 2024

These Terms of Service are effective as of the date listed above and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page.

Notice for California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us at legal@tapmetronome.app. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.