Terms of Use

Last Updated: January 15, 2025

1. Introduction and Acceptance of Terms

Welcome to Music Instant Rhythm ("App"), a mobile application developed and operated by Mohammad Jabbari ("we," "us," "our," or "Developer"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and the Developer.

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the App and uninstall it from your device.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least 13 years of age to use this App. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Geographic Restrictions

The App is available for download and use worldwide, subject to applicable laws and regulations in your jurisdiction. You are responsible for ensuring your use of the App complies with all local laws.

3. License Grant and Restrictions

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You agree not to:

4. Intellectual Property Rights

4.1 Ownership

The App, including all content, features, functionality, software code, designs, graphics, user interface, audio, video, text, and other materials, is owned by Mohammad Jabbari or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

"Music Instant Rhythm" and all related logos, product and service names, designs, and slogans are trademarks of Mohammad Jabbari. You may not use such marks without our prior written permission.

4.3 Third-Party Content

The App may contain content provided by third parties. All third-party content remains the property of its respective owners and is protected by applicable intellectual property laws. We do not claim ownership of any third-party content.

4.4 User-Generated Content

Any content you create using the App remains your property. However, by using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of operating and improving the App.

5. In-App Purchases and Subscriptions

5.1 Purchase Terms

The App may offer optional in-app purchases, premium features, or subscriptions ("Paid Features"). All purchases are processed through the Apple App Store or Google Play Store, and you agree to their respective terms and conditions.

5.2 Payment and Billing

5.3 Refunds

All sales are final unless otherwise required by applicable law or the app store's refund policy. Refund requests should be directed to your respective app store. We do not have direct access to app store payment systems.

5.4 Price Changes

We reserve the right to modify pricing for Paid Features at any time. Price changes for existing subscriptions will be communicated to you in advance and will take effect at the start of the next subscription period.

6. Advertising and Third-Party Services

6.1 Advertising

The App displays advertisements through Google AdMob and its mediation partners. These ads may be targeted based on information collected by third-party advertising networks in accordance with their privacy policies.

Important: We do not control the content, quality, or safety of third-party advertisements. Your interaction with advertisements is at your own risk.

6.2 Third-Party Services

The App integrates with third-party services including but not limited to:

Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third parties.

6.3 Third-Party Links

The App may contain links to third-party websites or services. We do not endorse, control, or assume responsibility for any third-party content, products, or services. Your interaction with third-party sites is governed by their terms and policies.

7. Analytics and Data Collection

We use Firebase Analytics and other analytics tools to collect anonymous usage statistics to improve App performance and user experience. For detailed information about data collection and use, please review our Privacy Policy.

8. User Conduct and Prohibited Activities

You agree to use the App in a lawful and respectful manner. Prohibited activities include, but are not limited to:

We reserve the right to investigate violations and cooperate with law enforcement authorities.

9. Disclaimers and Warranties

CRITICAL DISCLAIMER - READ CAREFULLY

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9.1 "AS IS" Basis

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9.2 No Guarantee of Availability

We do not warrant that the App will be available at all times or that it will be free from bugs, errors, or interruptions. We may modify, suspend, or discontinue the App at any time without notice.

9.3 Device Compatibility

We do not guarantee that the App will be compatible with all devices or operating system versions. You are responsible for ensuring compatibility with your device.

9.4 Third-Party Content

We make no warranties regarding the accuracy, reliability, or quality of any third-party content, advertisements, or services accessed through the App.

9.5 No Responsibility for User Actions

DEVELOPER ASSUMES NO RESPONSIBILITY:

10. Limitation of Liability

MAXIMUM LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOHAMMAD JABBARI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOHAMMAD JABBARI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

10.2 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

10.3 No Responsibility Clause

YOU EXPRESSLY AGREE THAT:

10.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mohammad Jabbari, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

12. Termination and Suspension

12.1 Termination by You

You may terminate your use of the App at any time by uninstalling it from your device.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, for any reason including but not limited to:

12.3 Effect of Termination

Upon termination:

13. Updates and Modifications

13.1 App Updates

We may release updates, upgrades, or enhancements to the App from time to time. These updates may be automatically downloaded and installed on your device depending on your device settings. Updates may modify or remove features and are provided at our sole discretion.

13.2 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be effective upon posting of the updated Terms within the App or on our website. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

13.3 Notification of Changes

For significant changes to these Terms, we will provide reasonable notice through the App, via email, or through other appropriate means at least 30 days before the changes take effect, unless immediate changes are required for legal or security reasons.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Dubai, United Arab Emirates.

14.3 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at apps.jabbari@gmail.com to attempt to resolve the dispute informally.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us in the App, constitute the entire agreement between you and Mohammad Jabbari concerning the App.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, labor disputes, or internet service provider failures.

15.6 Export Control

You agree to comply with all applicable export and import control laws and regulations in your use of the App.

15.7 Language

These Terms are prepared in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

15.8 User Responsibility

FINAL DISCLAIMER:

BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND ANY CONSEQUENCES THAT MAY ARISE. THE DEVELOPER, MOHAMMAD JABBARI, ASSUMES NO RESPONSIBILITY OR LIABILITY FOR YOUR ACTIONS, DECISIONS, OR ANY OUTCOMES RESULTING FROM YOUR USE OF THE APP. YOU USE THE APP ENTIRELY AT YOUR OWN RISK.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the App, please contact us:

Mohammad Jabbari
Email: apps.jabbari@gmail.com
Website: https://mjabbari.com/musicir

Response Time: We aim to respond to all inquiries within 48-72 business hours.

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THE DEVELOPER IS NOT RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF THE APP.