Welcome to Marla Metronome & Polyrhythm!

Dear valued user,

We are delighted to welcome you to Marla Metronome & Polyrhythm, your innovative partner in creating, practicing, and exploring the world of rhythms and polyrhythms. Crafted with care and precision, our application is designed to cater to the unique needs of music enthusiasts, learners, and professionals alike.

In our continuous strive for excellence and user satisfaction, we’ve developed an intuitive, user-friendly, and enriching platform where creativity and technology meet, resulting in a harmonious melody of features ready to enhance your rhythmic experiences.

As you embark on this rhythmic journey with us, we invite you to take a moment to review our User Agreement outlined below. These terms and conditions are crafted to ensure a safe, respectful, and enjoyable environment for all our users, enabling us to deliver our services efficiently and effectively.

By downloading, accessing, or using Marla Metronome & Polyrhythm, you are agreeing to adhere to and be bound by the terms and conditions detailed in this Agreement. We appreciate your understanding and cooperation and are excited to have you as a part of our community.

Should you have any queries, concerns, or feedback, our dedicated support team is always ready to assist. You can reach us at user@marla.pro.

Warm regards, The Marla Metronome & Polyrhythm Team.

1. Introduction

1.1 Purpose of the Agreement

Welcome to Marla Metronome & Polyrhythm, a creative application designed for music enthusiasts, students, and professionals to create, practice, and explore rhythms and polyrhythms. This User Agreement ("Agreement") governs the use of the Marla Metronome & Polyrhythm application (“Application”), including all its features, content, and services available on or through the Application and associated sites.

1.2 Definitions of Terms
  • "Application" or "App" refers to Marla Metronome & Polyrhythm, including its features, content, and services.
  • "User" or "You" refers to anyone who downloads, installs, accesses, or uses the Application.
  • "We," "Us," or "Our" refers to the developers and operators of Marla Metronome & Polyrhythm.
  • "Content" includes rhythms, polyrhythms, notes, patterns, sounds, data, text, images, graphics, or other materials that can be created, uploaded, downloaded, or accessed via the Application.
  • "Marla Pro Account" refers to the paid subscription that offers additional features, including, but not limited to, multiple bars, access to all binary subdivisions, Marla Cloud storage, and MIDI output features.
  • "Marla Cloud" refers to the cloud storage service powered by Google Firebase, where users can store and access their rhythmic patterns.

1.3 Agreement Acceptance

By downloading, installing, accessing, or using Marla Metronome & Polyrhythm, you agree to be bound by this Agreement. If you do not agree with the terms and conditions contained herein, please refrain from using the Application. Your continued use of the Application signifies your acceptance of any updated or modified Agreement.

1.4 Changes to the Agreement

We reserve the right to modify, amend, or change this Agreement at any time. All changes will be effective immediately upon posting on the Application or associated sites. Your continued use of the Application after such posting constitutes your consent to be bound by the Agreement, as amended.

2. Acceptance of Terms

2.1 User's Consent

By accessing, downloading, installing, or using Marla Metronome & Polyrhythm, users signify their irrevocable acceptance of these terms and conditions. Users who do not agree to these terms should not use the Application. The use of certain features and services within the Application, including the Marla Pro Account and Marla Cloud, may be subject to additional guidelines, terms, or rules, which will be posted within the Application in connection with such features and services.

2.2 Age Restriction

The application is open to users of all ages without age restrictions. Marla Metronome & Polyrhythm aims to support the experience of learning and creating rhythms for users of all ages who are enthusiastic about exploring music.

2.3 Modification of Terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these terms at any time without prior notice. It is the user’s responsibility to check these terms periodically for changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

2.4 Legal Compliance

Users are responsible for compliance with all applicable laws. By using the Application, users represent and warrant that they are not located in any country or on any list where the provision of the Application’s services would violate any applicable law or regulation or subject us to any restriction or prohibition on the provision of the Application’s services.

3. User Registration and Account Security

3.1 Account Creation Process

To access and use certain features of Marla Metronome & Polyrhythm, users may be required to register for an account. Users must provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

3.2 Account Security

Users are responsible for safeguarding their account credentials. You should not disclose your account information to any third party and must immediately notify Marla Metronome & Polyrhythm of any unauthorized use of your account or any other breach of security.

3.3 Privacy of User Information

All personal information provided during the account creation process will be handled according to our Privacy Policy, which describes the collection, use, and disclosure of personal and non-personal information when users access or use the Application.

3.4 Account Usage

Users may not use another person’s account, username, or password at any time without the express permission and consent of the account holder. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

3.5 Third-Party Account Connection

If users opt to connect their Marla Metronome & Polyrhythm account with a third-party account, they grant us permission to access and use their information from that service as permitted by that service and to store their log-in credentials for that service.

3.6 Account Termination

We reserve the right to terminate or suspend any account if there are reasons to believe that the user has violated the terms of this Agreement or for any other reason at our sole discretion. Users may deactivate or delete their accounts at any time, subject to the terms outlined in the Termination and Suspension section.

4. Usage Policy

4.1 Permitted Use

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use Marla Metronome & Polyrhythm in accordance with these terms. The Application is for personal and non-commercial use unless expressly stated otherwise.

4.2 Prohibited Use

Users may not:

  • Modify, disassemble, or reverse engineer the Application.
  • Use the Application for illegal purposes or promotion of dangerous activities.
  • Attempt to gain unauthorized access to our systems or networks.
  • Use Marla Metronome & Polyrhythm in a way that could interfere with the rights of others or the working of the Application.

4.3 Free User Restrictions

Free users can utilize a set of features outlined in the introduction, including creating rhythms within specific parameters and accessing limited educational content. Free users are restricted from using premium features, including multiple bars and full access to the Binary Subdivision of all polyrhythmic patterns.

4.4 Privileges for Paid Users

Paid users are granted access to an extended set of features, including multiple bars, full access to the Binary Subdivision of all polyrhythmic patterns, and Marla Cloud services. The detailed scope of these features is defined in the Application's interface and documentation.

4.5 Compliance with Laws

Users agree to comply with all applicable local, national, and international laws and regulations relating to their use of the Application, including copyright laws and data protection regulations.

4.6 Modification of Services

Marla Metronome & Polyrhythm reserves the right, at its sole discretion, to modify, suspend, or discontinue the Application or any service, content, feature, or product offered through the Application, with or without notice.

4.7 User Content

Users are solely responsible for the content, including rhythms and patterns, they create and store in Marla Metronome & Polyrhythm. Users agree not to create content that is unlawful, harmful, or violates the intellectual property rights of others.

5. Subscription and Payment

5.1 Subscription Plans

Marla Metronome & Polyrhythm offers two types of subscription plans – monthly and annual. By subscribing to a plan, users will unlock additional features including multiple bars, full access to the Binary Subdivision of all polyrhythmic patterns, and Marla Cloud services as outlined in the application description.

5.2 Payment Methods

Payments for subscriptions can be made through methods provided on the App Store. All transactions are secure and encrypted and are subject to the respective terms and conditions of the payment processor and the App Store.

5.3 Renewals and Cancellations

Subscriptions will automatically renew at the end of the applicable subscription period unless the user cancels it at least 24 hours before the end of the current subscription period. Users can manage and cancel their subscriptions by going to their account settings on the App Store after purchase.

5.4 Refund Policy

All sales are final, and no refunds will be issued for the unused portion of the subscription term, except as required by applicable law or as otherwise provided in this Agreement.

5.5 Free Trial (if applicable)

In cases where a free trial is offered, users will not be charged until the free trial period ends. Users can cancel their subscriptions before the end of the trial period to avoid being charged. The trial offers are limited to one per user, and subsequent subscriptions will be charged from the onset.

5.6 Price Changes

Marla Metronome & Polyrhythm reserves the right to modify the subscription prices. Any price changes will be communicated to the users in advance, and users will have the option to accept the price change or cancel their subscription.

5.7 Unauthorized Transactions

Users are responsible for notifying Marla Metronome & Polyrhythm immediately of any unauthorized transactions or errors in transactions. We will work with users to rectify any errors that occur due to our oversight, in accordance with applicable laws and regulations.

6. Marla Cloud (Marla Pro Account)

6.1 Data Storage

Marla Pro Account users are provided with the Marla Cloud storage service, allowing them to upload, store, and access their rhythmic patterns on multiple devices. All data stored in Marla Cloud is subject to the terms and conditions outlined in this Agreement and the Privacy Policy.

6.2 Data Access and Sharing

Users bear the sole responsibility for managing access to the data stored within Marla Cloud. We have instituted robust security protocols to safeguard the integrity and privacy of users’ data against unauthorized access and potential breaches.

Data, including but not limited to rhythmic patterns, uploaded to Marla Cloud is meticulously protected. However, it is pivotal to note that, with the users' consent, such data may be employed to refine and augment our intelligent rhythmic engines. This practice is instrumental in enhancing the application's efficiency, responsiveness, and precision, thereby offering a more tailored and enriched user experience.

The utilization of user data is conducted with strict adherence to prevailing data protection and privacy statutes. Every piece of data is processed in compliance with the stipulations outlined in this Agreement and our Privacy Policy, ensuring that users’ rights and privacy are not compromised.

Data serves a critical role in informing the continuous improvement and optimization of Marla Metronome & Polyrhythm. Each rhythmic pattern and piece of data contributes to the nuanced advancement of the application's features and functionalities, ensuring they are attuned to the specific needs and preferences of each user.

We remain committed to upholding transparency, consent, and security in all data access, sharing, and usage protocols. Our users’ trust is paramount, and every measure is undertaken to ensure that data privacy and security are maintained at the highest echelons of our operational priorities.

6.3 Security Measures

Marla Metronome & Polyrhythm employs robust security protocols to protect users’ data stored in Marla Cloud against unauthorized access, alteration, disclosure, or destruction. However, we cannot guarantee absolute security due to the inherent vulnerabilities of online platforms.

6.4 Data Breach Notification

In the event of a data breach involving users’ personal or sensitive information, Marla Metronome & Polyrhythm will promptly notify affected users and take appropriate measures to mitigate the impact of the breach, as required by applicable law.

6.5 Data Retention and Deletion

Data stored in Marla Cloud will be retained for a period necessary to provide the services to users or as required by law. Users can delete their data stored in Marla Cloud at any time through the Application’s interface. Deleted data may be retained in backups for a limited period before permanent deletion.

6.6 Data Transfer

The Marla Cloud storage service is global, meaning users’ data can be transferred to and stored on servers located outside of their country of residence. By using the Marla Pro Account, users consent to such transfer, storage, and processing of their data.

6.7 Service Interruptions

Marla Metronome & Polyrhythm strives to ensure the continuous availability of Marla Cloud, but service interruptions may occur due to maintenance, updates, or unforeseen issues. We shall not be liable for any disruption, delay, or failure of the service resulting from factors beyond our control.

7. Content and Intellectual Property Rights

7.1 User Content

Users retain ownership of the content, including rhythms, polyrhythms, notes, and patterns, they create and store in Marla Metronome & Polyrhythm. Users grant Marla Metronome & Polyrhythm a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute their content within the Application for the purpose of delivering the services.

7.2 Marla Metronome & Polyrhythm’s Intellectual Property

All rights, titles, and interests in and to Marla Metronome & Polyrhythm, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Marla Metronome & Polyrhythm or its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights.

7.3 Copyright Infringement Claims

Marla Metronome & Polyrhythm respects the intellectual property rights of others and expects users to do the same. If a user or a third party believes that their copyright has been infringed upon by Marla Metronome & Polyrhythm content, they can submit a claim following the procedure outlined in our Copyright Policy, and we will respond accordingly.

7.4 Restrictions

Users may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the content of Marla Metronome & Polyrhythm, except as expressly permitted in this Agreement. No licenses or rights are granted to the user by implication or otherwise under any intellectual property rights owned or controlled by Marla Metronome & Polyrhythm or its licensors, except for the licenses and rights expressly granted in this Agreement.

7.5 Feedback

We welcome and encourage users to provide feedback, comments, and suggestions for improvements to the Application. Any feedback provided by users will be considered non-confidential and non-proprietary to them. Thus, users agree that Marla Metronome & Polyrhythm shall be free to use such feedback without any obligation to the user.

8. Privacy Policy

8.1 Information Collection

Marla Metronome & Polyrhythm collects and stores information provided by users during account registration and use of the Application. This may include personal information such as name, email address, and payment information. Technical and usage data, including IP addresses, device information, and user interactions within the Application, may also be collected automatically.

8.2 Use of Collected Information

The collected information is used to:

  • Provide, maintain, and improve the Application and services.
  • Process transactions and send related information, including confirmations and invoices.
  • Send technical notices, updates, security alerts, and support messages.
  • Respond to comments, questions, and requests and provide customer service.
  • Monitor and analyze trends, usage, and activities in connection with the Application.

8.3 Data Protection and Security

We implement a variety of security measures to maintain the safety of users’ personal information. However, no electronic storage, transmission, or digital security mechanism is entirely secure, and we cannot guarantee absolute security.

8.4 Cookies and Similar Technologies

Marla Metronome & Polyrhythm may use cookies, pixel tags, and similar technologies to automatically collect information. Users can typically remove or reject cookies through their browser settings.

8.5 Third-Party Services

The Application may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third-party sites or services.

8.6 User Rights

Users have the right to access, update, correct, or delete their personal information held by Marla Metronome & Polyrhythm. They can also object to, or restrict, our processing of their personal information.

8.7 Children’s Privacy

Marla Metronome & Polyrhythm is deeply committed to making the world of rhythm and polyrhythm accessible and enriching for users of all ages, including children under the age of 13. We recognize the instrumental role our application can play in the foundational musical education of children, serving as an interactive, engaging, and educational tool for exploring and understanding complex rhythmic patterns.

In the spirit of fostering a conducive learning environment, we encourage parents and legal guardians to actively participate in their children's musical journeys by creating and managing accounts on their behalf. The application is designed with features that are not only intuitive but also educational, making it an invaluable resource for music teachers aiming to impart rhythmic knowledge in an interactive and innovative manner.

Children, with the oversight and guidance of their parents, legal guardians, or educators, can explore, learn, and create rhythmic patterns, enhancing their musical literacy and creativity. Every feature is crafted to stimulate learning, making Marla Metronome & Polyrhythm a preferred choice for inculcating a profound understanding of musical rhythms in young minds.

When children under the age of 13 utilize our services, it is under the assumption that consent has been granted by their parent or legal guardian, who assumes the responsibility of supervising the child’s use of the platform, including any engagement with premium service subscriptions.

By facilitating a harmonious blend of learning and creativity, Marla Metronome & Polyrhythm aspires to be a cornerstone in the musical development of young users, instilling in them not just knowledge but also a lifelong passion for music. By using our services, users, including children under the age of 13, and their parents or legal guardians, are affirming their agreement to these terms.

8.8 Changes to Privacy Policy

We may update our Privacy Policy from time to time. We will notify users of any changes by posting the new Privacy Policy on this page and updating the effective date at the top of this Privacy Policy.

9. Termination and Suspension

9.1 Grounds for Termination

Marla Metronome & Polyrhythm reserves the right to terminate or suspend any user's account and access to the Application, at its sole discretion, without notice, for conduct that Marla Metronome & Polyrhythm believes violates this Agreement or is harmful to other users of the Application, Marla Metronome & Polyrhythm, or third parties, or for any other reason.

9.2 Procedures of Account Suspension/Termination

Users who violate the terms of this Agreement may be notified and given an opportunity to rectify the violation. However, certain violations may result in immediate suspension or termination of the user's account without notice.

9.3 Effects of Termination

Upon termination, all licenses granted by Marla Metronome & Polyrhythm will terminate, and the user must cease all use of the Application. The user's content and data stored in Marla Cloud or the Application may be deleted immediately. Marla Metronome & Polyrhythm is not responsible for providing a copy of data or content deleted from the Application.

9.4 User’s Right to Terminate

Users may terminate their account and this Agreement at any time by deleting their account through the Application's user settings or by contacting Marla Metronome & Polyrhythm customer support.

9.5 Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9.6 Refund upon Termination

In the event of termination, subscriptions fees are not refundable except as expressly set forth in this Agreement.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

Marla Metronome & Polyrhythm is provided "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 makes no warranty that the Application will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

10.2 No Professional Advice

Any information provided by Marla Metronome & Polyrhythm does not constitute professional advice, and users should seek the assistance of a relevant professional for any such advice.

10.3 Limitations of Liability

Marla Metronome & Polyrhythm shall not be liable to users for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (a) the use or inability to use the Application; (b) unauthorized access to or use of your account or data; (c) statements or conduct of any third party on the Application; or (d) any other matter relating to the Application.

10.4 Indemnification

Users agree to defend, indemnify, and hold harmless Marla Metronome & Polyrhythm, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from the user’s use of and access to the Application, or any violation of this Agreement.

10.5 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to all users. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Marla Metronome & Polyrhythm and the user.

11. Governing Law and Jurisdiction

11.1 Applicable Laws

This Agreement and any separate agreements whereby Marla Metronome & Polyrhythm provides you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Marla Metronome & Polyrhythm is established, without regard to its conflict of law principles.

11.2 Dispute Resolution

Users agree to resolve any claims relating to this Agreement or the Application through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration will be conducted by a recognized arbitration institution mutually agreed upon by both parties.

11.3 Exceptions to Agreement to Arbitrate

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

11.4 Venue 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 proceeding will be brought in the federal or state courts located in the jurisdiction of Marla Metronome & Polyrhythm establishment. Both you and Marla Metronome & Polyrhythm consent to venue and personal jurisdiction there.

11.5 Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Marla Metronome & Polyrhythm must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

12. Contact İnformation

12.1 Queries and Support

For any questions, concerns, or support-related issues regarding Marla Metronome & Polyrhythm, users can reach out to us directly via email at user@marla.pro. We are committed to addressing your inquiries promptly and effectively.

12.2 Feedback

We value and appreciate feedback from our users. If you have suggestions, comments, or experiences you’d like to share, please email us at the address provided. Your insights are integral to our continuous effort to enhance the quality and performance of Marla Metronome & Polyrhythm.

12.3 Report Issues

To report bugs, glitches, or any malfunctions within the Application, users should contact our technical support team at user@marla.pro. Providing detailed information about the issue will expedite our efforts to diagnose and resolve it.

12.4 Business Inquiries

For business-related inquiries, partnerships, or collaborations, professionals and organizations can reach us at the same email address. We’re open to exploring opportunities that align with our mission to provide an innovative rhythm and polyrhythm creation tool for music enthusiasts.

13. Miscellaneous

13.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Marla Metronome & Polyrhythm and governs your use of the Application, superseding any prior agreements between you and Marla Metronome & Polyrhythm concerning the Application.

13.2 Waiver and Severability

The failure of Marla Metronome & Polyrhythm to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

13.3 Assignment

You may not assign this Agreement or any rights and licenses granted herein, but Marla Metronome & Polyrhythm may assign this Agreement without restriction.

13.4 Force Majeure

Marla Metronome & Polyrhythm shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13.5 Language

This Agreement was written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.