Terms of Use

App: Music Garden Effective Date: February 15, 2026 Last Updated: February 15, 2026

1. General Provisions

1.1. Acceptance of Terms

This Terms of Use Agreement (“Agreement”) is a legally binding contract between you (“User”, “you”) and the developer of the Music Garden app (“we”, “us”, “our”) regarding the use of the Music Garden mobile application (“App”).

By downloading, installing, or using the App, you confirm that you have read, understood, and agree to comply with this Agreement. If you do not agree to these terms, please do not use the App.

1.2. Description of the App

Music Garden is a mobile application for iOS that helps users track their musical instrument practice using gamification elements. The App allows you to:

Add music pieces for learning
Track practice time
Watch virtual plants grow as a visualization of progress
Set practice reminders
View practice statistics

2. Right to Use

2.1. License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

2.2. Age Restrictions

To use the App, you must:

Be at least 13 years old, or
Have parental or legal guardian consent if you are under 13 years old

We do not knowingly collect personal data from children under 13 years of age without parental consent.

2.3. Usage Restrictions

You agree NOT to:

Copy, modify, distribute, or create derivative works based on the App
Reverse engineer, decompile, or disassemble the App
Remove or alter any copyright notices
Use the App for illegal purposes
Transfer your account or usage rights to third parties
Attempt to gain unauthorized access to App systems
Use automated means to interact with the App

3. Subscriptions and Purchases

3.1. Premium Features

The App offers a free version with basic functionality and a premium subscription “Music Garden Pro” with enhanced features.

3.2. Subscription Options

The following subscription options are available:

Weekly subscription — automatically renews weekly
Monthly subscription — automatically renews monthly
Annual subscription — automatically renews yearly
Lifetime access — one-time purchase without automatic renewal

3.3. Payment

All payments are processed through the Apple App Store
Prices are displayed in your local currency and may include taxes
Payment is charged to your Apple ID account upon purchase confirmation

3.4. Automatic Renewal

Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period
The renewal cost will be charged to your account within 24 hours before the end of the current period
You can manage subscriptions and disable automatic renewal in your Apple ID account settings

3.5. Subscription Cancellation

To cancel a subscription:

Open Settings on your iOS device
Tap your name (Apple ID)
Select Subscriptions
Find Music Garden and tap Cancel Subscription

Cancellation takes effect after the end of the current paid period. You retain access to premium features until the end of the paid period.

3.6. Refund Policy

All purchases are made through the Apple App Store. Refund requests are processed in accordance with Apple’s policy. To request a refund, contact Apple support or visit reportaproblem.apple.com.

3.7. Free Trial Period

If a free trial period is offered, it is available only to new subscribers
After the trial period ends, a paid subscription will automatically begin unless you cancel in advance
Any unused portion of the trial period is forfeited upon purchasing a subscription

4. User Content

4.1. Your Data

You retain all rights to the data you enter in the App, including:

Music piece names
Composer names
Notes and comments
Practice history

4.2. Local Storage

All your data is stored locally on your device. We do not have access to this data and cannot recover it in case of loss.

4.3. Backup Responsibility

You are responsible for backing up your device. We recommend regularly creating backups via iCloud or iTunes/Finder.

5. Intellectual Property

5.1. Our Rights

The App, including its design, code, graphics, animations, text, and other elements, is our intellectual property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2. Trademarks

“Music Garden” and related logos are our trademarks. You may not use them without our prior written permission.

5.3. Feedback

If you provide us with suggestions, ideas, or feedback about the App, you grant us a royalty-free right to use them without any obligations to you.

6. Disclaimer of Warranties

6.1. “As Is”

The App is provided on an “as is” and “as available” basis, without any warranties, express or implied, including but not limited to:

Warranties of fitness for a particular purpose
Warranties of merchantability
Warranties of non-infringement of third-party rights

6.2. No Guarantee of Uninterrupted Operation

We do not guarantee that:

The App will operate continuously or without errors
Defects will be corrected
The App will be compatible with all devices and iOS versions

6.3. Music Education

The App is a tool for tracking practice and motivation. We do not provide music education and do not guarantee achieving specific results in learning to play musical instruments.

7. Limitation of Liability

7.1. General Limitation

To the extent permitted by applicable law, we are not liable for any:

Indirect, incidental, special, or consequential damages
Loss of data or profits
Business interruption
Damages arising from the use or inability to use the App

7.2. Maximum Liability

Our maximum aggregate liability for any claims related to this Agreement shall not exceed the amount you actually paid us for the App during the last 12 months, or 50 euros, whichever is greater.

7.3. EU Consumer Rights

If you are a consumer in the European Union, you have legal rights that cannot be limited by this Agreement. Nothing in this Agreement affects your rights under the EU Consumer Rights Directive and other mandatory provisions of EU consumer protection legislation.

8. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, costs, and expenses (including reasonable legal fees) arising from:

Your violation of this Agreement
Your violation of third-party rights
Your illegal use of the App

9. Changes to the App and Agreement

9.1. App Updates

We reserve the right to:

Update, modify, or discontinue the App at any time
Add or remove features
Change device and operating system requirements

9.2. Changes to the Agreement

We may modify this Agreement at any time. We will notify you of significant changes by:

Updating the “Last Updated” date
In-app notifications (if necessary)

Continued use of the App after changes are made constitutes your acceptance of the updated Agreement.

10. Termination

10.1. Your Right to Terminate

You may terminate this Agreement at any time by deleting the App from your device and canceling any active subscriptions.

10.2. Our Right to Terminate

We may suspend or terminate your access to the App in case of:

Your violation of this Agreement
Abuse of the App
At the request of law enforcement authorities

10.3. Consequences of Termination

Upon termination of the Agreement:

Your license to use the App terminates
You must delete the App from all devices
The provisions of Sections 5-8 and 11-13 remain in effect

11. Third-Party Services

11.1. Apple App Store

Downloading and using the App is also governed by Apple App Store terms. In case of conflict between this Agreement and Apple’s terms, Apple’s terms apply.

11.2. Third-Party Service Providers

The App uses third-party services (Firebase, RevenueCat) that have their own terms of use and privacy policies. By using the App, you agree to the terms of these services.

12. Applicable Law and Dispute Resolution

12.1. Applicable Law

This Agreement is governed by and construed in accordance with the laws of the Republic of Poland and applicable European Union legislation.

12.2. Jurisdiction

Any disputes arising from or in connection with this Agreement shall be subject to the jurisdiction of the competent courts of the Republic of Poland.

12.3. EU Consumer Rights

If you are a consumer residing in the European Union:

You may bring a claim in the courts of your country of residence
You may use the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr
You are protected by the mandatory provisions of consumer protection legislation of your country of residence

12.4. Pre-Trial Settlement

Before going to court, the parties undertake to make reasonable efforts to resolve the dispute through negotiations within 30 days.

13. General Provisions

13.1. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding the use of the App.

13.2. Waiver

Our failure to exercise any right under this Agreement does not constitute a waiver of that right in the future.

13.3. Severability

If any provision of this Agreement is found to be invalid, the remaining provisions remain in effect.

13.4. Assignment

You may not assign your rights under this Agreement without our written consent. We may assign our rights without your consent.

13.5. Force Majeure

We are not liable for failure to perform obligations caused by force majeure circumstances (war, natural disasters, pandemics, government restrictions, etc.).

13.6. Language

This Agreement is prepared in English. In case of translation into other languages, the English version prevails.

14. Contact Information

If you have questions about this Agreement, contact us:

Email: alexdordiuk@gmail.com

Country of Registration: Republic of Poland

15. Acknowledgment

By using the Music Garden App, you confirm that:

You have read and understood this Agreement
You have the legal right to enter into this Agreement
You agree to comply with all its terms

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