Terms and Conditions

Agreement to Our Legal Terms

We are Music Synchro, LLC, ("Company," "we," "us," "our"). We operate the mobile application Music Synchro (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@musicsychro.org.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Music Synchro, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@musicsynchro.org, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

We recommend that you print a copy of these Legal Terms for your records.

Table of Contents

1. Our Services

The Services are intended for use only in jurisdictions where they comply with applicable laws and regulations. Users accessing the Services from locations outside our intended service area do so at their own risk and are solely responsible for compliance with local laws. We do not tailor our Services to comply with industry-specific regulations such as HIPAA (Health Insurance Portability and Accountability Act), FISMA (Federal Information Security Management Act), or GLBA (Gramm-Leach-Bliley Act). If your activities are subject to these or similar regulations, you may not use our Services for those activities. We may update service availability; please check our website regularly for the most current information. For guidance on local laws and regulations, a legal professional in your jurisdiction may be advisable. By using our Services, you represent that your use does not violate any applicable laws or regulations in your location.

2. Intellectual Property Rights

Our intellectual property:

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), and any patents or patent applications related to our technology and services.
Our Content, Marks, and patented or patent-pending technologies are protected by copyright, trademark, and patent laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content, Marks, and any patented technologies are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only, subject to the limitations set forth in these Terms of Use

Your use of our Services

You are responsible for what you post or upload:

3.USER REPRESENTATIONS

(1) You have the legal capacity to enter into these Legal Terms and you agree to comply with them; (2) You are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (3) You will not access the Services through automated or non-human means, including but not limited to bots, scripts, or scraping tools; (4) You will not use the Services for any illegal, unauthorized, or abusive purpose; (5) Your use of the Services will not violate any applicable law, regulation, or third-party rights; (6) All information you provide to us is true, accurate, current, and complete, and you will promptly update any information that becomes inaccurate; (7) You have not been previously suspended or removed from the Services; (8) You will not attempt to gain unauthorized access to any part of the Services or any other systems or networks connected to the Services; (9) You will not use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof), without any liability to you. You acknowledge that we reserve the right to monitor any use of the Services for compliance with these Legal Terms and applicable laws.

4. SUBSCRIPTIONS

Billing and Renewal

We offer various subscription plans and in-application (in-app) purchase options with different features and pricing. The specific details of each plan and in-app purchase, including pricing, are available within the app or on our website. Subscription fees are billed in advance on a recurring basis, depending on the type of subscription plan you select (e.g., monthly, quarterly, or annually). Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew under the same conditions. You will be charged the subscription fee associated with your chosen plan at the time of renewal. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes or changes to your subscription plan will take effect following notice to you. Detailed information about your current subscription, including price, renewal date, and cancellation options, can be found in your account settings." This revised section provides more flexibility for different subscription models and pricing structures while giving users a clear understanding of how subscriptions work without committing to a specific price point in the terms of service.
By subscribing to our Services, you authorize us to charge your chosen payment method on a recurring basis. If your payment method fails, we may attempt to charge any other payment method you have on file with us.

Free Trial

We offer a 14-day free trial to new users who register with the Services. The account will not be charged and the subscription will be downgraded to a lesser or more limited version of the App until upgraded to a paid version at the end of the free trial.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. We do not provide refunds or credits for any partial subscription periods or unused Services.

Fee Changes

We may, from time to time, make changes to the subscription fee. We will provide you with at least 30 days' notice of any price changes. If you do not agree to the price changes, you have the right to reject the change by cancelling your subscription before the price change takes effect.

5. PROHIBITED ACTIVITIES

You may only use the Services for that which we make the Services available, and in accordance with these Legal Terms. You agree NOT to use the Services for any of the following: 5.1 Unauthorized Access and Use including • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. • Circumvent, disable, or otherwise interfere with security-related features of the Services including but not limited to features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. • Disparage, tarnish, or otherwise harm, us and/or the Services. • Use any information obtained from the Services in order to harass, abuse, or harm another person. • Make improper use of our support services or submit false reports of abuse or misconduct. • Engage in unauthorized framing of or linking to the Services. • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. • Attempt to impersonate another user or person or use the username of another user. • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). • Access the Services by any means other than through the interface provided by us. • Use the Services in any manner that could disable, overburden, damage, or impair the Services. • Harass, annoy, intimidate, disparage, or threaten any of our employees , agents, or staff. • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

5.2 Intellectual Property Infringement • Delete copyright or other proprietary rights notices from any Content. • Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software Flash, PHP, HTML, JavaScript, or other code comprising the Services. • Use, launch, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader or software that accesses the Services.

5.3 Malicious Activities • Upload or transmit viruses, malware, or other malicious code. • Engage in any activity that interferes with or disrupts the Services. • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. Attempt to probe, scan, or test the vulnerability of the Services or any related system or network.

5.4 Fraudulent or Harmful Conduct • Trick, defraud, or mislead us or other users. • Use information obtained from the Services to harass, abuse, or harm another person. • Make improper use of our support services or submit false reports.

5.5 Commercial Misuse • Use the Services for any unauthorized commercial purpose. • Advertise or offer to sell goods and services through the Service. • Use purchasing agents or buying agents to make purchases on the Services.

5.6 Content Restrictions • Post excessive capital letters, repetitive text, or otherwise spam the Services. • Upload or transmit any passive or active information collection mechanisms without our consent.

5.7 Account Misuse • Sell, transfer, or share your account. • Create multiple accounts for disruptive or abusive purposes.

5.8 Legal and Ethical Conduct • Use the Services in violation of any applicable laws or regulations. • Harass, annoy, disparage, intimidate, or threaten any of our employees, agents, or staff. We reserve the right to terminate your use of the Services for violating any of the prohibited activities or for any other reason at our sole discretion.

6. USER GENERATION CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

6.1 Intellectual Property and Ownership • Your Contributions do not infringe on any third party's proprietary rights, including copyright, patent, trademark, trade secret, or moral rights. • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms

6.2 Consent and Privacy • You have obtained written consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness. • Your Contributions do not violate any third party's privacy or publicity rights.

6.3 Content Integrity • Your Contributions are not false, inaccurate, or misleading. • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.4 Appropriate Content • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion). • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

6.5 Legal Compliance • Your Contributions do not violate any applicable law, regulation, or rule. • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

6.6 Our Rights • We reserve the right to monitor, edit, or remove any Contributions that we determine, in our sole discretion, violate these Legal Terms or are otherwise objectionable. • We may terminate or suspend your account and your access to the Services for any violation of these terms related to your Contributions.

6.7 License Grant • By posting Contributions, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Contributions in connection with the Services and our business, including for promoting and redistributing part or all of the Services.

6.8 Indemnification • You agree to indemnify, defend, and hold us harmless from any claims, actions, damages, or expenses (including legal fees) arising from your Contributions and any violation of these Legal Terms. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

"Contributions" refers to any content, material, or information you submit, post, or make available through the Services, including but not limited to text, writings, video, augmented reality video, audio, photographs, augmented reality photographs, graphics, comments, suggestions, or personal information. By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. You may remove your Contributions from the Services at any time. Please note that we may retain archived copies of your Contributions and may continue to use any non-personally identifiable information derived from your Contributions. This license will continue in full force and effect even if you stop using the Services or terminate your account.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with our music curation service and its effectiveness during workouts; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you may not post any false or misleading statements; (7) you may not organize a campaign encouraging others to post reviews, whether positive or negative; (8) reviews should focus on the service and its impact on workouts; (9) you should not share personal information about yourself or others in reviews; and (10) reviews should not contain links to external websites or services.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

Data Usage and Equipment Syncing:

By using the App, you acknowledge and agree that: (1) The App may collect and transmit data related to your workout sessions, including but not limited to exercise duration, intensity, steps per minute with music beats per minute, percentage of time that your steps per minute are on the beat of music. (2) The App may interact with and collect data from compatible exercise equipment when and if connected. By connecting the App to exercise equipment, you are ensuring you have the right to share any data from third-party exercise equipment with the App. (3) We may use this data to improve our music curation algorithms, enhance your workout experience, and provide personalized recommendations. (4) You grant us permission for the App to optimize music playback and workout tracking based on data provided to or by the App. (5) While we strive to ensure compatibility with a wide range of exercise equipment, we do not guarantee that the App be compatible with or function with all types or brands of exercise machines. (6) You are responsible for any data charges incurred while using the App, including those related to music streaming and data syncing with exercise equipment. (7) We will handle all collected data in accordance with our Privacy Policy.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Additionally, our Services utilize the YouTube API as a third-party service. By using our Services, you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms). We encourage you to review these terms, as they govern your interaction with YouTube content through our Services. In accordance with YouTube's API Services Terms of Service, we hereby provide a link to YouTube's Terms of Service: https://www.youtube.com/t/terms. Please note that your use of YouTube-related features within our Services is subject to both our terms and YouTube's terms. In case of any conflict between these terms regarding YouTube-specific features, YouTube's terms shall prevail.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material, within 10 business days. Please note that in some cases, content that appears to infringe may be subject to exceptions such as fair use.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury. Upon receiving a counter notification, we will forward it to the original complainant. If the original complainant does not notify us of a lawsuit within 10 business days, we will reinstate the removed material.

Designated Copyright Agent
Intellectual Property Department
Attn: Copyright Agent
[Address]
ip@musicsynchro.org
International Considerations
While the DMCA is a United States law, we honor intellectual property rights worldwide. If you are unsure whether the DMCA applies to you, we encourage you to seek legal counsel.
Disclaimer: This DMCA policy is provided for informational purposes only and does not constitute legal advice. If you are unsure about your rights and obligations concerning copyright law, please consult with a qualified attorney. We reserve the right to update or modify this policy at any time without prior notice.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Any attempt to do so will be considered a violation of these Legal Terms and may result in legal action. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of your account or these Legal Terms for any reason: (1) All rights granted to you under these Legal Terms will immediately cease; (2) You must immediately discontinue all use of the Services; (3) You remain liable for all obligations incurred by you prior to termination; (4) We may, but are not obligated to, delete any of your Content from our systems; (5) We shall not be liable to you or any third party for any termination of your access to the Services.
We reserve the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party for any such modification, suspension, or termination.
The following provisions of these Legal Terms survive termination: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and any other provisions that by their nature are intended to survive.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. This includes, but is not limited to, changing, adding, or removing features, functionality, or content of the Services. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. This includes the right to terminate the Services entirely or any specific feature or functionality thereof.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services, whether scheduled or unscheduled, and regardless of duration. This includes any loss of data, revenue, or other economic loss that may result from such interruptions.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. You acknowledge and agree that we may, in our sole discretion, provide updates or upgrades to the Services, but we have no obligation to do so.
In the event of any modification, suspension, or discontinuation of the Services, you acknowledge that we are not obligated to provide you with any compensation or reimbursement for any unused portion of the Services, including but not limited to any prepaid fees.
Your continued use of the Services following any modifications indicates your acceptance of such changes. If you do not agree to the modifications, your sole and exclusive remedy is to discontinue your use of the Services.

17. GOVERNING LAW

These Legal Terms and your use of the Services, as well as any claims, disputes, or causes of action arising out of or relating to these Legal Terms or your use of the Services (whether in contract, tort, statute, or otherwise), shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without giving effect to any choice or conflict of law provision or rule. This choice of law applies regardless of where you reside or where you use or access the Services. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Legal Terms or to any dispute or transaction arising out of or related to these Legal Terms. Any dispute arising from or relating to the subject matter of these Legal Terms shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming. Each party hereby consents to the exclusive jurisdiction of such courts.

18. DISPUTE RESOLUTION

Binding Arbitration
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cheyenne, Wyoming.
The Parties agree that any and all Disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class action, collective proceeding, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator shall have exclusive authority to resolve all Disputes, including, but not limited to, any claim that all or any part of these Legal Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration fees for claims exceeding $75,000 shall be subject to the AAA Consumer Rules.
The Parties agree that the arbitration provision in this section shall not be construed as a waiver of any rights under the Credit Repair Organizations Act.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by an arbitrator, and the Parties agree to submit to the personal jurisdiction of the arbitrator.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION, YOU ARE WAIVING YOUR RIGHT TO LITIGATE DISPUTES IN COURT AND TO HAVE A JURY TRIAL.

Restrictions

Exceptions to Informal Negotiations and Arbitration

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content, including music selections, exercise recommendations, the graphical user interface (GUI), the content of any websites or mobile applications linked to the Services. We assume no liability or responsibility for:
1. Errors, mistakes, or inaccuracies of content, GUI, and materials 2. Any lack of fitness adaptation or entrainment from your use of the Services 3. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services 4. Unauthorized access to or use of our servers and/or any personal or financial information stored therein 5. Any interruption or cessation of transmission to or from the Services 6. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services 7. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You acknowledge that using any fitness program involves inherent risks. You are solely responsible for determining whether the Services are suitable for your intended use, fitness level, or health status. Any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of this disclaimer is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS DISCLAIMER AND AGREE TO BE BOUND BY ITS TERMS.

21. LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

a) IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR LOSS RESULTING FROM THE USE OF EXERCISE MACHINES OR EQUIPMENT. OUR SERVICE SOLELY PROVIDES CURATED MUSIC PLAYLISTS AND GUIDANCE ON ADJUSTING RESISTANCE OR SPEED, AS RESISTANCE OR SPEED CONTROLS ARE PROVIDED ON GIVEN EXERCISE MACHINES TO MATCH SONG BEATS PER MINUTE. WE DO NOT MANUFACTURE, CONTROL, SERVICE, OR MAINTAIN ANY EXERCISE MACHINES OR EQUIPMENT YOU MAY USE IN CONJUNCTION WITH OUR SERVICE.
d) YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL FITNESS ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY EXERCISE PROGRAM OR USING ANY EXERCISE EQUIPMENT. THIS IS ESPECIALLY IMPORTANT IF YOU HAVE ANY PRE-EXISTING HEALTH CONDITIONS, INJURIES, QUESTIONS, OR CONCERNS ABOUT YOUR FITNESS LEVEL OR FITNESS CAPABILITIES. OUR SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU CHOOSE NOT TO OBTAIN PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING SUCH ADVICE, BEFORE DURING, OR AFTER USING OUR SERVICE, YOU DO SO AT YOUR OWN RISK AND MAY INCREASE YOUR RISK OF INJURY OR OTHER HEALTH ISSUES. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR ANY USE OF OUR SERVICE, SUGGESTIONS, OR GUIDANCE PROVIDED BY OUR SERVICE AND YOUR RELIANCE THEREON.
e) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUITABILITY, OR EFFECTIVENESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, MUSIC SELECTIONS, EXERCISE RECOMMENDATIONS, OR ANY OTHER MATERIALS PROVIDED IN OUR SERVICE. THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY US. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES; EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
g) CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
h) IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL CONTINUE TO APPLY.
BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES, AND AGREE TO BE BOUND BY ITS TERMS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, contractors, licensees, licensors, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, completing online forms, and notifications constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: