1. Introduction

Welcome to Marla Metronome & Polyrhythm, a creative and educational music application designed for iOS devices. This document outlines the Terms of Use ("Terms") for your access and use of the Marla Metronome & Polyrhythm Application (hereafter referred to as "the Application" or "Marla"). By downloading, accessing, or using Marla, you agree to be bound by these Terms, which form a binding legal agreement between you and Marla Metronome & Polyrhythm, the creator and owner of Marla.

1.1 Purpose of the Application

Marla Metronome & Polyrhythm is dedicated to enhancing the musical experience for all levels of enthusiasts, from beginners to professionals. The Application provides an interactive platform where users can create, practice, and explore musical rhythms. It serves as an innovative tool for understanding and developing complex rhythms and polyrhythms, thereby deepening the users' engagement with music theory and rhythm composition.

1.2 Purpose of the Application

The Application is designed for a wide range of users, including but not limited to creators, performers, amateur musicians, professional musicians, music students, music teachers, and anyone with an interest in exploring and creating music. It aims to provide a valuable resource for musical education and creative expression.

By using Marla, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with these Terms, you should not use the Application. We reserve the right to modify or update these Terms at any time, and such changes will be effective immediately upon posting on our website. Your continued use of the Application signifies your acceptance of any changes to these Terms.

It is important to note that these Terms operate alongside our Privacy Policy and User Agreement, which provide additional information regarding the use of the Application and the protection of your personal data.

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing or using the Marla Metronome & Polyrhythm Application, you confirm that you agree to these Terms of Use. These Terms constitute a legally binding agreement between you and Marla Metronome & Polyrhythm, governing your access to and use of the Application. If you do not agree with any part of these Terms, you must not use the Application.

2.2 Capacity to Accept Terms

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

2.3 Changes and Updates to Terms

Marla Metronome & Polyrhythm reserves the right, at its sole discretion, to modify, alter, or update these Terms at any time. When we make changes, we will make the revised version available on our website and update the “Last Updated” date at the top of these Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Application shall be deemed your conclusive acceptance of the modified Terms.

2.4 Electronic Communications

When you use the Application or send emails to Marla Metronome & Polyrhythm, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, or notices on this Application. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your acceptance of these Terms also signifies your agreement to the terms of the Privacy Policy and User Agreement of Marla Metronome & Polyrhythm, which are integral parts of your relationship with Marla Metronome & Polyrhythm.

3. Account Registration and Use

3.1 Eligibility and Age Requirement

To create an account and use the Marla Metronome & Polyrhythm Application, users must be of an age deemed appropriate for such use. While we aim to make Marla accessible to a wide audience, we recognize the importance of age-appropriate content and usage. Therefore, we advise that minors should use the application under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

3.2 Account Creation Process

To fully utilize the features of Marla, users may be required to create an account. This process involves providing certain personal information, which is governed by our Privacy Policy. It is crucial that the information provided during account registration is accurate and current. Marla Metronome & Polyrhythm reserves the right to refuse the creation of accounts based on inaccurate or incomplete information.

3.3 Responsibility for Account Activity

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Marla Metronome & Polyrhythm immediately of any unauthorized use of your account or any other breach of security. Marla Metronome & Polyrhythm will not be liable for any loss or damage arising from your failure to comply with this obligation.

3.4 Account Termination/Suspension Policies

Marla Metronome & Polyrhythm reserves the right to suspend or terminate your account and access to the Marla Application for any reason, including but not limited to breaches of these Terms, at our sole discretion. Upon termination, your right to use the Application will cease immediately. You may also terminate your account at any time through the account settings or by contacting user@marla.pro.

3.5 Changes to Account Information

You can update or change your account information at any time through your account settings within the Application. It is important to keep your account information current to ensure effective communication and uninterrupted use of Marla services.

3.6 Account Termination/Suspension Policies

Marla Metronome & Polyrhythm reserves the right to terminate accounts that are inactive for an extended period. We will endeavor to notify you before taking such action.

4. Subscription and Payment

4.1 Subscription Types

Marla Metronome & Polyrhythm offers two types of subscriptions: a monthly subscription and an annual subscription. Both subscriptions provide access to the same premium features, which include advanced rhythm creation, access to the full range of polyrhythms, Marla Cloud storage for rhythms, MIDI output, and the Humanized playback feature. Details of these features are subject to change, and we reserve the right to modify or introduce new features for subscribers at any time.

4.2 Payment Processing

All payments for subscriptions are processed via the Apple App Store. You must comply with the terms and conditions set by Apple for transactions through their platform. Marla Metronome & Polyrhythm does not process payments directly and therefore does not store your payment information.

4.3 Subscription Fees and Renewals

Subscription fees are charged in advance and will renew automatically at the end of each subscription period, whether monthly or annually, unless you cancel the subscription. Prices are subject to change, but we will notify you in advance of any changes in your subscription fees.

4.4 Free Trial Periods

As of now, Marla does not offer a free trial period for its subscriptions. However, should this change in the future, details of the trial terms will be provided at the start of the trial.

4.5 Cancellation of Subscription

You can cancel your subscription at any time via your Apple App Store account settings. Upon cancellation, you will continue to have access to the premium features until the end of your current billing cycle.

4.6 Refund Policy

Since all transactions are processed by the Apple App Store, any requests for refunds must be directed to Apple, as they are subject to their refund policies. Marla Metronome & Polyrhythm does not have the authority to issue refunds directly for in-app purchases.

5. User Content and Interaction

5.1 Content Creation and Ownership

Users of Marla Metronome & Polyrhythm have the ability to create and save rhythm compositions. All content created by users within the app is owned by the user who created it. However, by creating content in the app, you grant Marla Metronome & Polyrhythm a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any content that you post on or in connection with Marla.

5.2 Content Sharing and Privacy

Currently, Marla does not offer direct content sharing or interaction features between users within the app. However, future updates may include these functionalities. Users should be aware that any content shared within these future community spaces will be public and visible to other users. It is the user’s responsibility to maintain the privacy of any content they choose to share.

5.3 Future Community Interaction Features

Future updates may include features that allow teachers to add students, create groups, share rhythmic content, and for music groups to create a shared workspace within the application. These features will be governed by additional guidelines to ensure a safe and respectful environment for all users.

5.4 Content Guidelines

While Marla Metronome & Polyrhythm is a creative rhythm application with no specific content restrictions, we expect users to use the app responsibly. Content that is offensive, harmful, or violates any laws is not permitted and may result in account suspension or termination.

5.5 Cancellation of Subscription

You can cancel your subscription at any time via your Apple App Store account settings. Upon cancellation, you will continue to have access to the premium features until the end of your current billing cycle.

5.6 Intellectual Property Rights

Users must respect the intellectual property rights of others. Content that infringes upon the intellectual property rights of others will not be tolerated and may lead to account suspension or termination.

5.7 Account Misuse and Abuse

Any misuse of accounts, such as sharing an account with multiple people or other forms of abuse, may result in account suspension or termination. Users are responsible for maintaining the security of their own accounts.

5.8 Reporting Inappropriate Content

Users can report any content they find inappropriate or offensive to Marla Metronome & Polyrhythm. We reserve the right to review and remove content that violates these Terms of Use or our community guidelines.

6. User Content and Interaction

6.1 Commitment to Privacy

At Marla Metronome & Polyrhythm, we are committed to protecting your privacy. All personal data collected through the Marla Metronome & Polyrhythm application is treated with the utmost respect and confidentiality. Our practices are outlined in the Marla Metronome & Polyrhythm Application Privacy Policy, which complements these Terms of Use.

6.2 Data Collection and Usage

We collect data necessary for account registration, subscription management, and app functionality improvements. This may include but is not limited to, your name, email address, and usage data. The collected data is used to provide and improve the application's services, facilitate customer support, and communicate important updates or changes.

6.3 Data Storage and Security

All personal data is securely stored and protected against unauthorized access, use, alteration, or destruction. Despite our efforts, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

6.4 Sharing of Information

Marla Metronome & Polyrhythm does not sell or rent personal data to third parties. However, we may share information with trusted third-party service providers to help us operate and improve the application. These third parties have access to your personal information only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.

6.5 Cancellation of Subscription

You can cancel your subscription at any time via your Apple App Store account settings. Upon cancellation, you will continue to have access to the premium features until the end of your current billing cycle.

6.6 User Rights Over Data

Users have the right to access, update, or delete the personal information we hold about them. If you wish to exercise these rights, please contact us directly through the contact information provided in the application or on our website.

6.7 Data Retention

We retain your personal information only for as long as is necessary for the purposes set out in these terms and our privacy policy. When you terminate your account, your personal data is deleted in accordance with our data retention policy and applicable laws.

6.8 Changes to Privacy Policy

Marla Metronome & Polyrhythm reserves the right to update or change our Privacy Policy at any time. We will notify users of any significant changes by posting the new policy on our website or within the application. Users are encouraged to periodically review this policy for any changes.

7. Intellectual Property of the Application

7.1 Ownership of Application Content

All rights, title, and interest in and to the Marla Metronome & Polyrhythm application, including its software, interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the application are owned exclusively by Marla Metronome & Polyrhythm or its licensors. This includes all intellectual property rights inherent in or related to the application, subject to the user-generated content as described earlier.

7.2 Use of Application Content

The content provided within Marla Metronome & Polyrhythm, including all software, text, graphics, logos, images, audio, video, and other material, is for your personal, non-commercial use only. Unauthorized reproduction, modification, distribution, transmission, display, or performance of the content and software provided by the Marla application is strictly prohibited.

7.3 Trademarks

Marla Metronome & Polyrhythm and any associated logos or designs used in connection with the Marla application are trademarks or registered trademarks of Marla Metronome & Polyrhythm. Other trademarks, service marks, graphics, and logos used in connection with the application may be the trademarks of their respective owners. Users are not granted any right or license with respect to these trademarks.

7.4 Copyright Infringement and DMCA Policy

Marla Metronome & Polyrhythm respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright infringement in accordance with applicable laws, including the Digital Millennium Copyright Act (DMCA).

7.5 DMCA Notices

If you believe that your copyrighted work has been copied or used in a way that constitutes infringement on the Marla application, please provide our copyright agent with the following information:

A description of where the material that you claim is infringing is located in the application;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

8. User Conduct and Responsibilities

8.1 General Conduct

Users of the Marla Metronome & Polyrhythm application are expected to use the app responsibly and respectfully. Any use of the app that negatively impacts the service, other users, or the reputation of Marla Metronome & Polyrhythm is strictly prohibited.

8.2 Prohibited Activities

While using Marla Metronome & Polyrhythm, users must not:

Engage in illegal or fraudulent activities;

Infringe on the intellectual property rights of others;

Transmit viruses, malware, or any other malicious or harmful code;

Attempt to gain unauthorized access to the app, other users' accounts, or related systems and networks;

Exploit the app for any unauthorized commercial purpose;

Harass, threaten, or cause distress or discomfort to other users;

Post or transmit any content that is obscene, offensive, defamatory, or otherwise objectionable.

8.3 Responsibility for Account Use

Users are responsible for all activities that occur under their account. It is important to keep account credentials confidential. If you suspect any unauthorized use of your account, please contact Marla Metronome & Polyrhythm immediately.

8.4 Compliance with Laws

Users must comply with all local, state, national, and international laws and regulations applicable to their use of the app. This includes laws related to copyright, data privacy, and online conduct.

8.5 Reporting Violations

Users are encouraged to report any violations of these terms or any suspect activities they encounter within the app to Marla Metronome & Polyrhythm.

8.6 Account Suspension and Termination

Marla Metronome & Polyrhythm reserves the right to suspend or terminate a user's account for violations of these terms, illegal or fraudulent activities, or other behaviors that negatively impact the app or other users.

9. Limitation of Liability

8.1 General Disclaimer

Marla Metronome & Polyrhythm provides the Marla Metronome & Polyrhythm application "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Marla Metronome & Polyrhythm does not guarantee the reliability, accuracy, completeness, or timeliness of the application.

8.2 Limitations to Liability

To the maximum extent permitted by applicable law, Marla Metronome & Polyrhythm and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the application;

Any conduct or content of any third party on the application;

Any content obtained from the application;

Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8.3 Limitation of Damages

In no event shall Marla Metronome & Polyrhythm's total liability to you for all damages, losses, and causes of action exceed the amount you paid Marla Metronome & Polyrhythm in the last six months or a maximum limit as set by applicable law, whichever is lower.

8.4 User Acknowledgment

By using the Marla Metronome & Polyrhythm application, you acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Marla Metronome & Polyrhythm and you, and the application would not be provided without such limitations.

8.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.

10. Indemnification

10.1 User Indemnity Obligations

As a user of the Marla Metronome & Polyrhythm application, you agree to indemnify, defend, and hold harmless Marla Metronome & Polyrhythm, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, your wrongful or unlawful use of the application, or any activity related to your account by you or any other person accessing the app using your account.

10.2 Third-Party Claims

This indemnification extends to any claim, loss, damage, or expense arising from your use of the Marla application, your violation of these Terms, or your violation of any rights of a third party, including intellectual property rights.

10.3 User Cooperation

In the event of any claim or legal proceedings against Marla Metronome & Polyrhythm arising out of your use of the application or breach of these Terms of Use, you agree to provide full cooperation. This includes providing information relevant to the defense and settlement of such claims or proceedings.

10.4 Defense and Control of Claims

Marla Metronome & Polyrhythm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Marla Metronome & Polyrhythm, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Marla Metronome & Polyrhythm.

10.5 Notification of Claims

If you become aware of any claim or potential claim related to your use of the Marla application, you agree to promptly notify Marla Metronome & Polyrhythm so that we may assess the situation and take appropriate action.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a formal legal case, Marla Metronome & Polyrhythm encourages users to first contact us directly to seek a resolution. Most disputes can be resolved through our customer service team.

11.2 Governing Law

These Terms of Use and any dispute that might arise between you and Marla Metronome & Polyrhythm shall be governed by and construed in accordance with the laws of Jurisdiction of Ankara/Turkey, without regard to its conflict of law provisions.

11.3 Arbitration Agreement

In the event of a dispute that cannot be resolved informally, you and Marla Metronome & Polyrhythm agree to submit to the binding arbitration under the rules of criminal judgeship of peace in Jurisdiction of Ankara/Turkey. The arbitration will be conducted in Turkish and all arbitration costs will be shared equally between the parties, except when prohibited by law.

11.4 Exceptions to Arbitration Agreement

Disputes related to intellectual property rights, and claims of injunctive or other equitable relief, may be brought in a court of competent jurisdiction without first undergoing arbitration.

11.5 No Class Actions

You may only resolve disputes with Marla Metronome & Polyrhythm on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

11.6 Statute of Limitations

Any claim or dispute you may have against Marla Metronome & Polyrhythm must be commenced within one (1) year after the claim arises, otherwise, such claim or cause of action is permanently barred.

11.7 Judicial Forum for Legal Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Marla Metronome & Polyrhythm agree that any judicial proceedings will be brought in the federal or state courts of the Ankara/Turkey, and both you and Marla Metronome & Polyrhythm consent to venue and personal jurisdiction there.

12. Updates to the Application and Terms of Use

12.1 Updates to the Application

Marla Metronome & Polyrhythm is constantly updating and improving the Marla Metronome & Polyrhythm application to enhance user experience and ensure a high standard of service. These updates may include bug fixes, new features, or general improvements.

Notification of Updates: Users will typically be notified of significant updates through our website at marla.pro.

User Responsibility: It is your responsibility to periodically check for updates and ensure that your device has the latest version of the app installed for optimal performance and security.

Changes to Terms of Use: The Terms of Use for the Marla Metronome & Polyrhythm application are dynamic and may be revised to stay current with legal requirements, reflect changes in the app's functionality, or address other business needs.

Notification of Changes: Whenever these Terms of Use are updated, we will publish any changes in this url.

Acceptance of Revised Terms: Continued use of the application after any such changes shall constitute your consent to such changes. If you do not agree to the new terms, you should stop using the Marla application.

Archiving of Previous Terms: Historical versions of these Terms of Use will be archived and available upon request for your reference.

12.2 Entire Agreement

These Terms of Use, together with the Marla Metronome & Polyrhythm Application Privacy Policy and User Agreement, constitute the entire agreement between you and Marla Metronome & Polyrhythm concerning your use of the application. They supersede all prior agreements or understandings, whether written or oral, relating to their subject matter.

12.3 Severability

If any part of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

12.4 No Waiver

The failure of Marla Metronome & Polyrhythm to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

12.5 Assignment

You may not assign or transfer these Terms of Use, or any rights or licenses granted hereunder, but Marla Metronome & Polyrhythm may do so without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

12.6 Force Majeure

Marla Metronome & Polyrhythm will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.7 Contact Information

For any questions about these Terms of Use, please contact us at user@marla.com

12.8 Effective Date

These Terms of Use are effective as of 9.11.2023.