Makam Ear Terms of Use

These Terms of Use ("Terms") are an agreement between you and Mobixify LTD ("we", "us"), company number 16138122. Contact: info@mobixify.com. Company information: mobixify.com/company/. They govern your use of Makam Ear (the "app"). By downloading, installing or using the app you accept these Terms. If you do not accept them, do not use the app.

Apple's Standard EULA

If you get the app from the Apple App Store, Apple's Standard End User License Agreement (the "Standard EULA") also applies to you. These Terms add to the Standard EULA. If they conflict on a matter that the Standard EULA covers, the Standard EULA prevails. Apple is not a party to these Terms: we, not Apple, are responsible for the app, its support and any claims about it.

Stores and other companies

The app is distributed by Apple and Google through their stores. It also uses services from other companies, such as payment-service and crash-reporting providers. Each provides its service under its own terms and policies, and your download and purchase are under the terms of the store. We do not control these companies. To the extent the law allows, we are not responsible for their services and we do not guarantee that they will be available. This does not affect your legal rights, or our duties under the Privacy Policy.

Licence and acceptable use

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices that you own or control, in line with these Terms and the terms of the store you got it from. You may not copy, modify, sell, rent or distribute the app, reverse engineer it except where the law allows, remove notices from it, or bypass its purchase checks. Do not use the app to break the law, to infringe anyone else's rights, or to interfere with the app, its updates or the services it uses.

The app and everything in it (its code, design, text, name and logo) belong to us or to the companies whose software it includes. These Terms give you a licence to use the app, not ownership. We keep every right that these Terms do not give to you. If you send us feedback or ideas about the app, we may use them without payment and without crediting you.

Sound and your content

The app listens through your microphone only while the tuner or an exercise is open, to show the pitch you play or sing. The sound is processed on your device as you play; it is not recorded or saved, and we do not receive it. Your progress, streak and settings are stored on your device. You are responsible for how you use the app, including respecting other people around you when you play.

Free and Pro features

The tuner and 3 makams are free. Pro unlocks every makam. Pro is offered as a yearly subscription with a 3-day free trial for new subscribers, or a one-time lifetime purchase. The lifetime purchase has no free trial. The plans on offer, their prices and any free trial are shown in the app before you buy, in your local currency. Prices vary by country and can change; when a price of a running subscription changes, Apple or Google tells you and, where the law or the store requires it, asks for your consent before the new price applies.

Subscriptions

• Payment. Payment is charged to your Apple Account or Google account when you confirm the purchase.
• Automatic renewal. A subscription renews automatically for the same period at the then-current price unless you cancel it in time: on the App Store at least 24 hours before the end of the current period, on Google Play before the renewal date. Your account is charged for renewal within 24 hours before the end of the current period.
• Free trial. The yearly plan has a free trial for new subscribers. On the App Store: The free trial lasts 3 days; when it ends, the yearly plan is charged at the price shown unless you cancel at least 24 hours before. If you buy another plan during the trial, the rest of the trial ends. On Google Play: The free trial lasts 3 days; cancel before it ends and nothing is charged, otherwise the yearly plan starts at the price shown. The purchase screen shows the date on which billing starts. A free trial can be used once for each Apple Account or Google account.
• Cancellation. You can cancel at any time in the subscription settings of your Apple Account or Google Play account. Cancelling takes effect at the end of the current period, and you keep Pro until then. Deleting the app does not cancel a subscription.
• Lifetime purchase. A lifetime purchase is paid once and does not renew. It unlocks Pro for the life of the app's Pro features, which is not the same as your lifetime. If we stop offering the app or its Pro features, we will give notice as described under Availability and changes and tell you what happens to your purchase. This does not affect your legal rights.
• Restoring purchases. You can restore your purchases on a new device by tapping Restore Purchases on the Pro screen, signed in to the account that made the purchase.

Refunds

Purchases are billed by Apple or Google, and refund requests are handled under their refund policies and applicable law. After the first 48 hours, Google Play refund requests are handled by us, and we do not give refunds for a change of mind. If you are a consumer, your legal rights, including your rights if the app is faulty or not as described, are not affected.

Permissions and safe use

The app asks for access to your microphone to show the pitch you play or sing. You can refuse or withdraw the permission in your device settings. Loud sound can harm your hearing: keep the volume at a level that is comfortable for you.

Availability and changes

We may update the app, change its features or stop supporting old versions. Reasons include fixing problems, keeping it working on new versions of iOS and Android, improving it, meeting legal or store requirements, and changes to our business. Where we reasonably can, we will tell you first about a change that makes a Pro feature you have paid for significantly worse. If we stop offering the app or a paid feature, we will give notice in the app and on the store listing, as far ahead as we reasonably can and at least 30 days. We will also tell you what happens to your purchase. This does not affect your legal rights. The app needs a device and operating system version that meet the requirements shown in the store.

We may suspend or end your access to the app if you break these Terms or the rules of the store, if the law requires it, or to protect the app and its users. Where we reasonably can, we will tell you why and give you reasonable notice. We do not need to give notice when the reason is urgent, for example a security problem or a legal requirement.

Warranty and liability

We do not guarantee that the app will be uninterrupted or free of errors. How it works also depends on your device, its operating system and the other apps on it. The pitch shown by the app is a guide that depends on your device's microphone, the room and the sound you make, and it is not a ruling on how an instrument or a voice should sound. To the extent the law allows, we give no warranty or condition about the app beyond what these Terms and the law provide.

If you are a consumer, nothing in these Terms takes away your legal rights. Digital content must be of satisfactory quality, fit for purpose and as described. If it is not, you may be entitled to a repair or replacement, a price reduction or a refund. If the app damages your device or other digital content that you own, and we did not use reasonable care and skill, you may be entitled to a repair or to compensation.

If you are a consumer and we break these Terms or fail to use reasonable care and skill, we are responsible for the loss or damage you suffer if it was foreseeable. Loss is foreseeable if it was an obvious result of our failure, or if you and we both knew when you started using the app that it might happen. We are not responsible for loss that was not foreseeable in either of those ways.

If you use the app for a business, we are not liable for loss of profit, revenue, business, data or goodwill, or for indirect or consequential loss. Our total liability to you for all claims about the app is limited to the greater of £100 and the amount you paid for the app in the 12 months before the claim.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• anything else that the law does not allow us to limit or exclude.

Ending these Terms

You can stop using the app at any time by deleting it. We can end your licence if you break these Terms. Sections that by their nature should continue to apply will do so after the Terms end.

If you use the app for business

If you use the app for a business, or for someone else's business, you will pay our reasonable losses, costs and legal fees that result from a claim by a third party caused by your breaking these Terms or the law. The courts of England and Wales have exclusive jurisdiction over any dispute with you. This section does not apply to consumers.

Governing law

These Terms and any dispute about them are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, unless the law of the country where you live gives you the right to bring a claim in your local courts or to rely on its mandatory consumer rules.

Changes to these Terms

We may change these Terms for a valid reason. Valid reasons are:

• a change in the law or in the rules of Apple or Google;
• a change to the app, such as a new feature, a changed Pro plan or a new way to buy;
• to correct a mistake or make a Term clearer; or
• to keep the app and its users secure.

The new version applies from the effective date shown on this page.

If a change matters to you, we will tell you before it applies, in the app or in the release notes on the store, at least 30 days ahead where we can. If you do not accept a change, you can stop using the app and delete it before it applies. If you have a subscription, you can cancel it as described under Subscriptions. The price of a running subscription changes only as described under Free and Pro features.

General

If a court finds part of these Terms unenforceable, the rest stays in force. If we do not enforce a right straight away, we can still enforce it later. Only you and we have rights under these Terms, and Apple's rights under its Standard EULA are not affected. We are not responsible for a failure or delay caused by events outside our reasonable control. Nothing in this section affects your legal rights as a consumer.