Two Eanda - Strumming Pattern Metronome
Last updated: December 7, 2024
By downloading, installing, or using the Two Eanda application ("App"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the App.
Milkbar Software, LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms of Use.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE APP IS INTENDED FOR ENTERTAINMENT AND PRACTICE PURPOSES ONLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR FEATURES PROVIDED BY THE APP.
Important: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE APP.
You assume all risks associated with the use of the App, including but not limited to risks related to audio playback volume, hearing damage, or any physical injury that may occur while using the App.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILKBAR SOFTWARE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP, IF ANY, DURING THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) FIFTY DOLLARS ($50.00 USD).
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Milkbar Software, LLC and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The App and its original content, features, and functionality are owned by Milkbar Software, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You retain ownership of any content you create using the App (such as songs, patterns, and recordings). By using the App, you do not transfer any intellectual property rights to us.
The App uses Apple's iCloud service to sync your data across devices. Your use of iCloud is subject to Apple's iCloud Terms and Conditions. We are not responsible for any issues arising from Apple's services, including but not limited to data loss, sync failures, or service unavailability.
The App may also use Apple Music services to retrieve album artwork for songs. This functionality is subject to Apple's terms of service.
You agree not to:
We reserve the right to terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.
Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms of Use is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
These Terms of Use, together with the Privacy Policy and any other legal notices published by us in the App, constitute the entire agreement between you and Milkbar Software, LLC regarding the use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
For questions about these Terms of Use, you may contact us at:
Please note that responses are not guaranteed.