End-User License Agreement (EULA)

Subject to your compliance with this EULA and the Terms of Service, Note & Key grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Note & Key application on devices you own or control, solely for your own personal or professional use as a private music teacher, student, or family member of a student.

For the iOS version of the app, you and Note & Key acknowledge that this EULA is concluded between you and Note & Key, not Apple, and that Note & Key — not Apple — is solely responsible for the app and its content. Apple has no obligation to provide maintenance or support services for the app.

To the extent of any inconsistency between this EULA and Apple's Licensed Application End User License Agreement (the "Apple LMA"), the more protective terms (from your perspective as a user) prevail. Apple's standard LMA is available at apple.com/legal/internet-services/itunes/dev/stdeula and is incorporated by reference for any terms it adds to this EULA that we haven't restated here.

You and Note & Key acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of the terms of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

You agree NOT to:

• copy, modify, or create derivative works of the app;
• reverse engineer, decompile, or disassemble the app, except to the extent that applicable law expressly permits;
• remove, alter, or obscure any copyright, trademark, or other proprietary-rights notice;
• use the app to violate any law, infringe any third-party right, or in any way that competes commercially with us;
• use the app's audio-review feature to record someone without their knowledge or consent in a jurisdiction where one-party consent is not sufficient.

Note & Key is solely responsible for providing any maintenance and support services for the app, including any first-line product warranty obligations. You may request support at support@noteandkey.app. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.

Note & Key is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by the Terms of Service. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Note & Key's sole responsibility.

You and Note & Key acknowledge that Note & Key, not Apple, is responsible for addressing any user or third-party claims relating to the app or your possession and/or use of the app, including: (a) product-liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the app's use of HealthKit and HomeKit frameworks (we don't use those, but this paragraph follows Apple's required language).

You and Note & Key acknowledge that, in the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, Note & Key, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual-property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

This EULA is effective until terminated by you or Note & Key. Your rights under this EULA terminate automatically without notice from Note & Key if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the app and delete all copies from your devices.

This EULA is governed by the laws of British Columbia, Canada, except where local consumer-protection law requires otherwise. The choice of law clause in the Terms of Service (Section 12) applies.

Questions about this EULA: support@noteandkey.app.