Terms of Service

1. Introduction

Welcome to TempoSense. These Terms of Service ("Terms") govern your use of the TempoSense mobile application (the "Service"), provided by TempoSense ("we," "us," or "our"). By using the Service, you agree to be bound by these Terms.

TempoSense grants you a non-transferable, non-exclusive license to use the Service in accordance with these Terms and Conditions. Please read them carefully. If you do not agree to these Terms, do not use the Service.

2. The Service

TempoSense is a mobile application designed to help users (“Users”) by giving them feedback on their drumming with the use of a compatible iPhone and Apple Watch. When using the Service, users’ Apple Watch collects motion data (such as gyroscope and accelerometer data) and sends it to the TempoSense app on their iPhone for analysis.

The Service allows users to upload audio files of songs or other practice material, which are processed on our servers so that TempoSense can align your playing with the underlying beat and provide real-time and post-session feedback (for example, timing accuracy, consistency and similar metrics). Uploaded audio is made available only to you within the Service and may be subject to upload limits and availability periods depending on your chosen plan. Uploaded songs are not stored on TempoSense’s servers after initial processing required to allow the user to play along with the song using the Service.

TempoSense is intended for personal, non-commercial drumming practice only. It is a practice aid and does not constitute formal music instruction, certification, or a guarantee of any particular improvement or result.

You are responsible for ensuring that you have all necessary rights to any audio content you upload or use with the Service. TempoSense does not provide or license music and is not responsible for how you obtain or use such content.

Apple, iPhone and Apple Watch are trademarks of Apple Inc. TempoSense is an independent product and is not affiliated with, endorsed by, or sponsored by Apple Inc.

3. User Accounts

Access to the Service and any associated subscriptions is tied to your device and your Apple ID as managed by Apple’s App Store.

Some information (such as practice history and certain settings) may be stored locally on your device and/or in our systems in connection with your use of the Service. If you delete the app, change devices, or change your Apple ID, some or all of this data may become inaccessible or be permanently lost.

You are responsible for maintaining the security of your device and Apple ID and for any activity that takes place through the TempoSense app under your account.

TempoSense is intended for individual users. By using the Service, you represent that you are legally permitted to do so under the laws of your jurisdiction (including any applicable age restrictions) and under the terms of the App Store.

4. Subscriptions and Payments

TempoSense offers a free tier (“Free Plan”) and an optional paid subscription (“Pro Plan”), which are made available as in-app purchases through Apple’s App Store.

All billing, renewals, cancellations, and refunds for subscriptions are processed by Apple, not directly by TempoSense. You should review Apple’s applicable terms and manage your subscription through your Apple ID account settings. TempoSense does not have access to your full payment details and cannot change or cancel your subscription on your behalf. All payments, renewals, and refunds are processed through the Apple App Store and are subject to Apple's terms and conditions. We do not handle payment processing directly. For more information, please review the Apple Media Services Terms and Conditions.

4.1 Free Plan

Under the Free Plan:

You may upload up to 3 audio files per calendar month for use within the Service.
Each uploaded song remains available to play for three (3) weeks from the time of upload, after which it will expire and no longer be accessible for practice within the app.
Expired songs may be deleted or otherwise removed from our active systems in accordance with our data retention practices and Privacy Policy.

A “calendar month” is measured from the first day of the month (UTC 00:00) to the last day of the month (UTC 23:59). Upload limits reset at the beginning of each calendar month.

4.2 Pro Plan

Under the Pro Plan, subject to your subscription remaining active:

You may upload up to 72 audio files per calendar month for use within the Service.
Songs uploaded while your Pro subscription is active do not expire and remain available for practice as long as your subscription remains active (unless removed by you or in accordance with these Terms and our Privacy Policy).

If your Pro subscription ends or is not renewed:

Access to Pro features, including the higher upload limit and non-expiring library, will cease.
Some or all of your previously uploaded songs may become unavailable for practice and may later be deleted or subject to Free Plan availability rules.
We may retain certain information (such as anonymised or aggregated performance data) in accordance with our Privacy Policy.

We may change the features, limits, or pricing of the Free Plan and Pro Plan from time to time. Where required by law, we will provide notice of any material changes affecting existing subscriptions.

5. Acceptable Use

You agree to use TempoSense only for lawful purposes and in a manner consistent with these Terms. Without limiting the generality of the foregoing, you agree that you will not:

5.1 Copyright / Content Misuse

Upload, use, or otherwise make available through the Service any audio files for which you do not have all necessary rights, licenses, or permissions.
Use the Service to share, distribute, or publicly perform copyrighted music or other content, except as permitted by applicable law and solely for your own personal, non-commercial practice.

5.2 Prohibited Behaviour

Use the Service in any way that violates any applicable law or regulation.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the Service or any related systems or networks.
Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service, except to the limited extent expressly permitted by applicable law.
Use the Service to transmit any malicious code, viruses, or harmful software.

5.3 Abuse of Service Limits

Circumvent or attempt to circumvent any usage limits or technical measures in the Service, including upload limits or song availability rules.
Use scripts, bots, or other automated methods to upload content, generate data, or otherwise interact with the Service in a way that is not intended for normal human use.

5.4 Misrepresentation and Unauthorised Use

Use the Service for any purpose other than personal drumming practice (for example, as part of monitoring employees, students, or other third parties) without their knowledge and any legally required consent.
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity, in connection with your use of the Service.

We reserve the right, at our sole discretion and where permitted by law, to suspend or terminate your access to the Service, remove or disable access to any content, and/or enforce technical or legal measures if we reasonably believe that you have violated these Acceptable Use provisions.

6. Termination
We may terminate or suspend your access to the Service at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. If we terminate your account for attempting to hack or abuse the system, you will not be entitled to a refund.

7. Account and Data Deletion

TempoSense does not use a separate user account or login system. Your access to the Service is tied to your device and Apple ID. You may stop using the Service at any time by deleting the TempoSense app from your device and/or cancelling any active subscription through your Apple ID account settings.

Deleting the app from your device may remove locally stored data (such as cached practice history or settings) from that device. However, deleting the app does not automatically delete all information that may be stored in our systems (for example, performance metrics retained for backup, security, or analytics purposes).

If you would like us to delete personal data that we hold about you (to the extent we are able to identify it and are not required to retain it by law), you may contact us at temposense.io@gmail.com with your request. We may ask you for additional information to verify your identity and locate your data.

Please note:

Certain information may be retained for a limited period after a deletion request in order to comply with legal obligations, resolve disputes, or enforce our agreements.
We may retain anonymised or aggregated data that does not identify you personally, for legitimate business purposes such as service improvement, statistics, and analytics.

For more details on how we store, retain, and delete data, please refer to our Privacy Policy.

8. Copyright Complaints / DMCA

TempoSense respects the intellectual property rights of others and expects its users to do the same.

The Service is strictly intended for personal drumming practice. Users may upload audio files solely so that TempoSense can perform temporary processing (such as beat detection, alignment and format adaptation) in order to provide timing and performance feedback.

Uploaded audio files are processed on our servers and then returned to the user’s device, after which the server-side copy is deleted as part of our normal operations. We do not use TempoSense to publicly host or stream music to other users, and processed audio remains available only on the user’s own device (subject to plan limits and local expiry rules in the app).

8.1 User Responsibility for Uploaded Audio

By uploading any audio file to the Service, you represent and warrant that:

You have all necessary rights, licenses, or permissions to use that audio with TempoSense; and
Your use of the audio with the Service does not infringe the rights (including copyright and related rights) of any third party.

TempoSense does not provide or license music to users, and does not control how users obtain their audio files. Users are solely responsible for ensuring that their use of any audio with the Service complies with applicable copyright and other laws.

8.2 Copyright Complaints and Takedown Requests (Including DMCA)

Although TempoSense is based in the Netherlands, we take copyright concerns seriously and will respond to valid notices of alleged infringement, including notices under the U.S. Digital Millennium Copyright Act (“DMCA”).

Because audio uploaded to TempoSense is processed only temporarily and then deleted from our servers, and because processed audio is stored only on the user’s device for personal practice, our technical ability to locate or remove specific audio is limited. However, if you are a copyright owner or an authorised agent and believe that your copyrighted work is being used in connection with TempoSense without authorisation, you may submit a notice to us that includes the following information:

Your full name, company (if applicable), and contact details (postal address, telephone number, and email address).
A description of the copyrighted work you claim has been infringed, or, if multiple works are covered by the notice, a representative list of such works.
Any information that may help us identify relevant use within the Service (for example, the name of the work, approximate date/time of the alleged use, and any additional context you can provide).
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, under penalty of perjury (if you are submitting under the DMCA), that you are the copyright owner or authorised to act on the owner’s behalf.
A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.

Notices should be sent to:

Copyright / DMCA Contact
Yoav Grinberg - TempoSense
Telgen 13AR, Hengelo, Overijssel, the Netherlands
Email: temposense.io@gmail.com

Upon receiving a sufficiently detailed notice, we will review it and may, where appropriate and in our discretion and subject to technical limitations:

Provide information about how the Service operates (including our temporary processing and deletion of uploaded audio files);
Inform the relevant user, if reasonably identifiable, that a complaint has been raised; and/or
Take other steps as required or permitted by applicable law.

TempoSense may, in appropriate circumstances and where permitted by law, suspend or terminate a user’s access to the Service if we determine that the user is a repeat infringer.

This section does not limit any rights or remedies available to copyright owners or to TempoSense under applicable law.

9. Disclaimer of Warranties

Without limiting the foregoing, TempoSense and its owners, developers, and affiliates expressly disclaim all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free;
Any defects or errors will be corrected;
The Service will be compatible with all devices, operating systems, or configurations;
The information, metrics, or feedback provided by the Service (including any timing, consistency, or performance scores) will be accurate, complete, or suitable for any particular purpose.

TempoSense is a practice aid only. It does not constitute professional music instruction, certification, or advice, and it does not guarantee any specific improvement in your drumming ability or results in any exam, audition, or performance.

You use the Service at your own risk. Drumming is a physical activity and may involve repetitive motion and exposure to sound. You are responsible for using appropriate technique, taking breaks, and managing volume levels and your physical environment. TempoSense is not responsible for any injury, discomfort, hearing damage, or other harm arising from your use of the Service or from your drumming practice generally.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on how long an implied warranty may last, so some of the above limitations may not apply to you. In such cases, the exclusions and limitations shall apply to the fullest extent permitted by applicable law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, TempoSense shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service.

11. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

If you are a consumer resident in the European Union or the United Kingdom, you may also be entitled to the protection of mandatory consumer protection provisions of your country of residence, and nothing in these Terms shall limit those rights.

Any dispute arising out of or in connection with these Terms or the Service (including any non-contractual disputes or claims), which cannot be resolved amicably, shall be submitted to the competent courts of the Netherlands. If you are a consumer resident in the European Union or the United Kingdom, you may bring a claim in the courts of your country of residence in accordance with applicable law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms within the app or on our website. You are advised to review these Terms periodically for any changes.

13. Contact Us

If you have any questions about these Terms, please contact us at temposense.io@gmail.com.