Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "user") and Superpulse, a company registered in France ("we," "us," or "our"), governing your use of our mobile applications and related music utility services, including but not limited to metronome, tuner, and other musical tools (collectively, the "App").
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the App.
2. Eligibility
The App is available to users of all ages. However, the following conditions apply:
- If you are under the age of 13 (United States) or under the age of 16 (European Union), you may use the App only with the consent and supervision of a parent or legal guardian.
- By allowing a minor to use the App, the parent or guardian agrees to these Terms on the minor's behalf and is responsible for the minor's use of the App.
- We do not knowingly collect personal information from minors beyond what is described in our Privacy Policy.
3. Licence to Use the App
3.1 Grant of Licence
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on a compatible mobile device that you own or control, for your personal, non-commercial use.
3.2 Restrictions
You agree not to:
- Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the App or any part thereof
- Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App
- Use the App for any unlawful, fraudulent, or unauthorised purpose
- Interfere with, disrupt, or overburden the App's servers, networks, or infrastructure
- Circumvent, disable, or tamper with any security, digital rights management, or ad-serving features of the App
- Use automated tools, bots, or scripts to interact with the App
4. In-App Purchases
4.1 Availability
The App may offer optional in-app purchases, including but not limited to premium features, ad-free experiences, additional tools, or content packs. All in-app purchases are processed through the platform on which you downloaded the App (Apple App Store or Google Play Store).
4.2 Payment and Pricing
- Prices for in-app purchases are displayed in the App and may vary by region and currency.
- All charges are billed through your Apple ID or Google account, as applicable.
- Prices may change at any time, but changes will not affect purchases already completed.
4.3 Subscriptions
If the App offers subscription-based purchases:
- Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
- You can manage and cancel subscriptions through your device's app store settings (Apple: Settings > Apple ID > Subscriptions; Android: Google Play Store > Subscriptions).
- No refunds will be issued for partial subscription periods after cancellation.
4.4 Refunds
Since purchases are processed by Apple or Google, refund requests must be directed to the respective platform:
- Apple: support.apple.com
- Google Play: support.google.com
We do not have the ability to issue refunds directly.
5. Advertising
The App displays advertisements provided by third-party advertising networks, including Google AdMob and AppLovin. By using the free version of the App, you acknowledge and agree that:
- Ads will be displayed during your use of the App.
- Ad content is provided by third parties and we do not control or endorse the products or services advertised.
- Our advertising partners may collect certain device information and advertising identifiers as described in our Privacy Policy.
- For users identified as children (under 13 in the US, under 16 in the EU), only contextual, non-personalised ads will be served in compliance with applicable child protection laws.
- You may remove ads by purchasing an ad-free option through in-app purchase, where available.
6. Intellectual Property
All intellectual property rights in and to the App, including but not limited to software, design, text, graphics, logos, icons, audio, and user interface, are and shall remain the exclusive property of Superpulse or our licensors. These Terms do not transfer any ownership rights to you.
The Superpulse name, logo, and all related product and service names, trademarks, and slogans are trademarks of Superpulse. You may not use them without our prior written consent.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
7.2 Musical Accuracy Disclaimer
While we strive for accuracy in our music utility tools (tuner, metronome, and others), results may vary depending on your device's hardware, microphone quality, and environmental conditions. The App is intended as an aid and should not be relied upon as a professional-grade calibration instrument.
7.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPERPULSE, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Superpulse and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the App, your violation of these Terms, or your violation of any applicable law or regulation.
9. Termination
We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination:
- Your licence to use the App is immediately revoked.
- Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will remain in effect.
You may terminate your use of the App at any time by uninstalling it from your device.
10. Modifications to These Terms
We may modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this document and, where appropriate, notify you through an in-app notification or the App's store listing.
Your continued use of the App after any modifications become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App and uninstall it.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
11.2 EU Users
If you are a consumer in the European Union, you benefit from mandatory consumer protection laws of your country of residence. Nothing in these Terms affects your rights under such laws. You may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr
11.3 US Users
For users in the United States, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court. The arbitration shall take place in a location convenient to you. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.
11.4 Rest of World
For users outside the EU and US, disputes shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, unless mandatory local laws provide otherwise.
12. Third-Party Platforms and Links
The App is distributed through third-party platforms (Apple App Store and Google Play Store). Your use of these platforms is governed by their respective terms of service. We are not responsible for the policies or practices of these platforms.
The App may contain links to third-party websites or services. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites or services.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Superpulse regarding your use of the App and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
15. Contact
If you have any questions or concerns about these Terms, please contact us at:
Superpulse
32 rue de Ménilmontant, 75020 Paris, France
Email: contact@superpulse.co