Terms of Service
Last Updated: December 2025 | Version: 1.0
The Short Version
Crescendo helps you learn piano by displaying sheet music and tracking your practice. Here's what you need to know:
- ✓ You can use the app for personal music learning
- ✓ Your imported files stay on your device - you're responsible for having rights to use them
- ✓ Bundled music from Mutopia is free to use (attribution required if you redistribute)
- ✓ We're a practice tool, not a replacement for a piano teacher
- ✓ No guarantees on learning outcomes - results depend on you
- ✓ The app is provided "as-is" for educational purposes
- ✓ You must be at least 13 years old to use the app
Table of Contents
1. Introduction & Acceptance
Who We Are
Crescendo ("App," "we," "us," or "our") is a piano learning application developed by Crescendo Piano LLC. The App displays sheet music, connects to MIDI keyboards, and helps you practice reading music notation.
Key Terms
Throughout these Terms, we use the following definitions:
| Term | Definition |
|---|---|
| App | The Crescendo mobile application for iOS and Android |
| Terms | This Terms of Service agreement |
| You/Your | The individual using the App |
| Your Content | Files you import (MusicXML, MIDI) and practice data you create |
| Bundled Content | Public domain sheet music included with the App |
| Services | All features and functionality provided by the App |
Agreement to Terms
These Terms constitute a legally binding agreement between you and Crescendo Piano LLC.
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App.
This agreement is between you and Crescendo Piano LLC, not with Apple Inc. ("Apple") or Google LLC ("Google"). We are solely responsible for the App and its content.
How You Accept These Terms
You accept these Terms by:
- Checking the acceptance box during initial app setup that states "I have read and agree to the Terms of Service and Privacy Policy"
- Tapping the "I Agree" or "Continue" button to proceed with using the App
This is a "clickwrap" agreement. Your affirmative action of checking the box and tapping the button constitutes your electronic signature and acceptance of these Terms.
Age Requirements
You must be at least 13 years old to use this App.
| Your Age | Requirements |
|---|---|
| 13-17 years old | You represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf |
| 18+ years old | You represent that you have the legal capacity to enter into this agreement |
| Under 13 years old | You may not use this App |
We do not knowingly collect information from children under 13. If you are a parent or guardian and believe your child under 13 has accessed the App, please contact us at legal@crescendopiano.app.
Related Documents
These Terms work together with our Privacy Policy, which explains how we handle your data (spoiler: all data stays on your device). By accepting these Terms, you also acknowledge our Privacy Policy.
Questions?
If you have questions about these Terms before accepting, contact us at legal@crescendopiano.app.
2. Description of Service
What Crescendo Does
Crescendo is a piano learning application designed to help you read sheet music while practicing. Unlike apps that show falling blocks, Crescendo displays real music notation to develop genuine music literacy.
Core Features
| Feature | Description |
|---|---|
| Sheet Music Display | Renders standard music notation from MusicXML and MIDI files |
| MIDI Keyboard Input | Connects to USB and Bluetooth MIDI keyboards for real-time practice |
| Practice Mode | Checks your playing against the displayed notes with visual feedback |
| Progress Tracking | Records practice sessions, accuracy, and time spent on each piece |
| Music Library | Organizes your imported pieces and includes bundled public domain content |
| Metronome | Built-in tempo control for structured practice |
Local-First Architecture
All your data stays on your device.
| What This Means | Details |
|---|---|
| No account required | Start practicing immediately after download |
| No internet required | Works completely offline |
| No data transmission | Nothing is sent to our servers |
| No tracking | We don't monitor your usage or practice habits |
| Your control | Delete your data anytime via device settings |
This is not a temporary limitation-it's a deliberate design choice. See our Privacy Policy for details.
Supported File Formats
| Format | Extension | Description |
|---|---|---|
| MusicXML | .xml, .musicxml | Standard music notation format |
| Compressed MusicXML | .mxl | Compressed MusicXML archives |
| MIDI | .mid, .midi | Converted to notation for display |
Platform Availability
| Platform | Requirements |
|---|---|
| iOS | iOS 14.0 or later |
| Android | Android 8.0 (API 26) or later |
MIDI Device Compatibility
The App supports MIDI input from external keyboards and controllers. Compatibility depends on:
- • Your device's operating system and version
- • The MIDI device manufacturer and model
- • Connection type (USB, Bluetooth, or adapter)
- • Third-party drivers (if applicable)
We do not guarantee compatibility with any specific MIDI device. See Section 9: Disclaimers for details.
Future Features
We plan to introduce optional features in future updates:
| Feature | Status | Notes |
|---|---|---|
| User Accounts | Planned | For cross-device access |
| Cloud Sync | Planned | Sync practice data between devices |
| Additional Content | Planned | More bundled sheet music |
Important: These features do not exist yet. When introduced:
- • They will be entirely optional
- • The App will continue to work fully without them
- • We will update these Terms before enabling them
- • You will need to explicitly opt in
3. License to Use the App
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- • Download and install the App on devices you own or control
- • Use the App for your personal, non-commercial music learning purposes
This license is granted solely for your personal use. It does not include any rights to sublicense, sell, or otherwise transfer the App to third parties.
License Characteristics
| Characteristic | Meaning |
|---|---|
| Limited | Only for uses expressly permitted in these Terms |
| Non-exclusive | We may license the App to others |
| Non-transferable | You cannot transfer this license to anyone else |
| Revocable | We may terminate this license as described in Section 12 |
What You May Do
- • Use the App for personal piano practice and music learning
- • Import music files you have rights to use (see Section 4)
- • Use bundled Mutopia content per its license terms (see Section 5)
- • Install the App on multiple personal devices you own
Restrictions
You may NOT:
| Restriction | Details |
|---|---|
| Copy or distribute | Do not copy, reproduce, or distribute the App |
| Modify | Do not modify, adapt, or create derivative works of the App |
| Reverse engineer | Do not reverse engineer, decompile, or disassemble the App, except as permitted by applicable law |
| Commercial use | Do not use the App for commercial music instruction or other commercial purposes without our written consent |
| Transfer | Do not rent, lease, lend, sell, or sublicense the App |
| Remove notices | Do not remove, alter, or obscure any copyright, trademark, or proprietary notices |
| Circumvent | Do not bypass or circumvent any security or access controls |
| Automated access | Do not use bots, scrapers, or automated systems to access the App |
Open Source Components
The App may include open source software components. These components are licensed under their respective open source licenses, which may permit activities (such as reverse engineering) that these Terms otherwise restrict. The open source licenses govern your use of those specific components.
Platform Rules
Your use of the App must also comply with:
- • Apple: Apple Media Services Terms and Conditions
- • Google: Google Play Terms of Service
These platform rules may impose additional restrictions on how you use the App.
Reservation of Rights
We reserve all rights not expressly granted to you in these Terms.
The App, including its code, design, graphics, and content (excluding Your Content and Bundled Content), is owned by Crescendo Piano LLC and protected by copyright, trademark, and other intellectual property laws.
4. Your Content (Imported Files)
What Is "Your Content"
"Your Content" means all files and data you import into or create within the App, including:
| Content Type | Examples |
|---|---|
| Music files | MusicXML (.xml, .musicxml, .mxl), MIDI (.mid, .midi) |
| Practice data | Session history, accuracy metrics, time spent |
| Settings | Preferences, MIDI device configurations |
| Annotations | Fingerings, notes, practice marks (when available) |
You Own Your Content
You retain all ownership rights to Your Content.
We claim no ownership over the files you import or the practice data you create. Your Content belongs to you.
License You Grant Us
By importing content into the App, you grant us a limited license to process Your Content solely to provide App functionality.
| What This License Allows | What This License Does NOT Allow |
|---|---|
| Store Your Content on your device | Share Your Content publicly |
| Display sheet music in the App | Use Your Content for marketing |
| Process MIDI for practice mode | Sell or monetize Your Content |
| Track your practice statistics | Train AI models on Your Content |
| Generate thumbnails for library | Access Your Content remotely |
This license terminates when you delete Your Content or uninstall the App.
Your Responsibilities
By importing content, you represent and warrant that:
| Warranty | Meaning |
|---|---|
| You have rights | You own the content OR have obtained necessary licenses/permissions |
| No infringement | Your use does not infringe any third party's intellectual property rights |
| Lawful use | You will use content only for lawful purposes |
| Personal practice | You will use content for personal music learning, not commercial distribution |
What You May Import
| Source | Examples |
|---|---|
| Public domain | Works published before 1929 in the U.S., or otherwise in the public domain |
| Your own works | Compositions or arrangements you created |
| Licensed works | Content you have permission from the copyright holder to use |
| Purchased content | Digital sheet music you legally purchased (for personal use) |
| Fair use | Content used under applicable fair use/fair dealing exceptions |
| Free resources | Content from sites like IMSLP, Mutopia, MuseScore (per their terms) |
Note: Copyright laws vary by country. You are responsible for understanding the laws in your jurisdiction.
Prohibited Content
You may NOT import:
| Prohibited | Reason |
|---|---|
| Pirated content | Illegally copied or obtained music files |
| Infringing content | Content that violates third-party copyrights without authorization |
| Malicious files | Viruses, malware, or files designed to harm the App or device |
| Illegal content | Content that violates applicable laws |
No Monitoring
We do not and cannot monitor Your Content.
| What This Means |
|---|
| We don't verify copyright status of your files |
| We don't review what you import |
| We don't have access to Your Content (it's stored locally) |
| We can't remove content from your device |
| You are solely responsible for ensuring you have rights to use your files |
Local Storage Only
Your Content is stored only on your device:
- • We have no servers storing Your Content
- • We cannot access, view, or retrieve Your Content
- • If you delete the App, Your Content is deleted from that device
- • We cannot comply with takedown requests because we don't have your files
Copyright and Intellectual Property
We respect intellectual property rights. If you believe your copyrighted work is being used in a way that constitutes infringement:
Please understand: Since Your Content is stored locally on users' devices, we cannot access or remove it. We are a tool provider (like a PDF reader or music player), not a content host.
For general inquiries: Contact us at legal@crescendopiano.app
If you are a copyright holder and have concerns about the App itself (not user-imported content), please contact us with:
- • Identification of the copyrighted work
- • Description of the alleged infringement
- • Your contact information
- • A statement of good faith belief
- • A statement of accuracy under penalty of perjury
- • Your signature (physical or electronic)
5. Bundled Content (Mutopia Library)
What Is Bundled Content
"Bundled Content" is sheet music included with the App, distinct from Your Content (files you import yourself).
| Bundled Content | Your Content |
|---|---|
| Included with the App | Imported by you |
| From Mutopia Project | From any source you choose |
| Pre-licensed for your use | You're responsible for licensing |
| Cannot be removed | Can be deleted anytime |
Source
The App includes a curated collection of public domain sheet music from the Mutopia Project, a library of free music scores.
Applicable Licenses
Bundled Content is available under one of these licenses:
| License | What It Means | Your Obligations |
|---|---|---|
| Public Domain | No copyright restrictions | None - use freely |
| CC BY-SA 4.0 | Creative Commons Attribution-ShareAlike | Attribution required if you redistribute |
How to identify the license: Each piece's license is displayed in the App's library view and in Settings > About > Content Credits.
Using Bundled Content
For Personal Practice
No restrictions. You may use all Bundled Content within the App for personal practice, regardless of license type.
If You Redistribute or Modify
If you extract CC BY-SA content from the App to share or create derivative works:
| Requirement | How to Comply |
|---|---|
| Attribution | Credit the composer, arranger, and "Mutopia Project (mutopiaproject.org)" |
| License notice | Include "Licensed under CC BY-SA 4.0" |
| License link | Link to creativecommons.org/licenses/by-sa/4.0/ |
| Indicate changes | State if you modified the original |
| ShareAlike | License your derivative work under CC BY-SA 4.0 |
Public Domain content may be redistributed without any requirements.
Commercial Use
| License | Commercial Use Allowed? |
|---|---|
| Public Domain | Yes, without restriction |
| CC BY-SA 4.0 | Yes, with attribution and ShareAlike compliance |
No Endorsement
Use of Bundled Content does not imply endorsement by:
- • The Mutopia Project
- • Original composers or arrangers
- • Crescendo Piano LLC
Where to Find Attribution
Full attribution for all Bundled Content is available in the App:
Settings > About > Content Credits
This includes composer, arranger, license type, and source information for each piece.
6. User Accounts (Future)
Current Status
The App does not currently require or support user accounts.
| Current State | What This Means |
|---|---|
| No account needed | Start using the App immediately |
| No registration | No email, password, or personal info required |
| No login | Just open the App and practice |
| Local storage only | All data stays on your device |
The App is fully functional without an account. This section describes terms that will apply when we introduce optional account features in the future.
When Account Features Are Introduced
We plan to offer optional account creation for features like cloud sync. When available:
| Requirement | Details |
|---|---|
| Minimum age | You must be at least 13 years old (or the minimum age in your jurisdiction) |
| Accurate information | You must provide accurate and complete registration information |
| One account per person | You may not create multiple accounts |
| No sharing | You may not share your account or transfer it to others |
Account Security
When accounts are available, you will be responsible for:
| Your Responsibility | Why It Matters |
|---|---|
| Keeping your password confidential | Prevents unauthorized access |
| All activity under your account | You're liable for actions taken with your credentials |
| Notifying us of unauthorized access | Helps us protect your account |
| Using a strong, unique password | Reduces risk of compromise |
We will never ask for your password via email or in-app messages.
Account Deletion
You will have the right to delete your account at any time.
| Deletion Method | How It Works |
|---|---|
| In-App | Settings > Account > Delete Account |
| Email request | Contact privacy@crescendopiano.app |
Data Retention After Deletion
When you delete your account:
| Data Type | What Happens | Timeline |
|---|---|---|
| Cloud-synced data | Permanently deleted | Within 30 days |
| Account credentials | Permanently deleted | Within 30 days |
| Local data on your device | Not affected | You control this |
| Anonymized analytics | May be retained | N/A (we don't collect this) |
Note: Since we currently don't collect data, there's nothing to delete. This policy applies to future account features only.
Account Suspension or Termination
By You: You may close your account at any time with no penalty.
By Us: We may suspend or terminate your account if you:
| Reason | Examples |
|---|---|
| Violate these Terms | Importing prohibited content, circumventing security |
| Engage in illegal activity | Fraud, piracy, hacking |
| Abuse the service | Automated access, harassment |
Before termination: We will attempt to notify you and provide an opportunity to remedy the violation, except in cases of severe or repeated violations.
Effect of Account Termination
| What Happens | Details |
|---|---|
| Account-dependent features end | Cloud sync, cross-device access |
| Cloud data deleted | Per the Data Retention policy above |
| Local data unaffected | Stays on your device |
| These Terms continue to apply | Certain provisions survive termination |
7. Cloud Sync (Future)
Current Status
Cloud sync is not currently available.
| Current State | What This Means |
|---|---|
| No cloud features | All data stays on your device |
| No servers | We don't store your practice data |
| No sync needed | App works fully offline |
| Coming soon | Optional cloud sync planned for future |
The App is fully functional without cloud sync. This section describes terms that will apply when we introduce optional cloud sync in the future.
Always Optional
Cloud sync will always be optional.
| Principle | Our Commitment |
|---|---|
| Opt-in only | You must explicitly enable sync |
| Works without it | All features function locally |
| Disable anytime | Turn off sync whenever you want |
| No penalties | No loss of functionality for staying local |
What Will Sync
When cloud sync is available:
| Syncs | Does NOT Sync |
|---|---|
| Practice session history | Your imported music files |
| Progress statistics | Your Content (MusicXML, MIDI) |
| App preferences | Bundled Content |
| MIDI device settings | Data from other apps |
| Custom annotations | Anything you don't explicitly enable |
Your music files stay on your device. We will never upload Your Content to our servers.
Your Control
You will have full control over cloud sync:
| Action | How |
|---|---|
| Enable sync | Settings > Cloud > Enable Sync |
| Disable sync | Settings > Cloud > Disable Sync |
| Delete cloud data | Settings > Cloud > Delete All Cloud Data |
| Choose what syncs | Settings > Cloud > Sync Preferences |
| View sync status | Settings > Cloud > Sync Status |
Data Security
When cloud sync is available, synced data will be:
| Security Measure | Details |
|---|---|
| Encrypted in transit | TLS 1.3 or higher |
| Encrypted at rest | AES-256 encryption |
| Access controlled | Only you can access your data |
| Regularly backed up | Redundant storage for reliability |
Data Location
| Region | Expected Server Location |
|---|---|
| United States | US-based servers |
| European Union | EU-based servers (GDPR compliance) |
| Other regions | Closest available region |
We will provide specific data location information when cloud sync launches.
Sync Conflicts
If the same data is modified on multiple devices:
| Scenario | How We Handle It |
|---|---|
| Simple conflict | Most recent change wins |
| Complex conflict | You choose which version to keep |
| Merge possible | Automatic merge when safe |
Sync Disclaimer
Cloud sync will be provided "as is."
| We Are Not Liable For | Why |
|---|---|
| Data loss during sync | Network issues, device failures |
| Sync delays | Server load, connectivity |
| Sync conflicts | Multiple device modifications |
| Service interruptions | Maintenance, outages |
Recommendation: Maintain local backups of important practice data.
Privacy
Cloud sync will be subject to our Privacy Policy. Key points:
- • We will only sync data you explicitly choose
- • We will not sell or share your synced data
- • You can delete all cloud data at any time
- • We will update our Privacy Policy before launching cloud sync
8. Acceptable Use
General Requirement
You agree to use the App only for lawful purposes and in accordance with these Terms.
This section covers how you may use the App. For restrictions on what you may do with the App software itself (copying, modifying, distributing), see Section 3: License to Use the App.
Permitted Uses
| Use | Allowed |
|---|---|
| Personal piano practice | ✓ Yes |
| Learning to read sheet music | ✓ Yes |
| Tracking your practice progress | ✓ Yes |
| Importing music you have rights to | ✓ Yes |
| Using Bundled Content for practice | ✓ Yes |
| Non-commercial educational use | ✓ Yes |
Prohibited Uses
You may NOT use the App to:
| Prohibited Action | Why |
|---|---|
| Import infringing content | Violates copyright law |
| Facilitate piracy | Illegal activity |
| Circumvent security features | Compromises App integrity |
| Interfere with App operation | Harms service for all users |
| Attempt unauthorized access | Security violation |
| Harvest data from the App | Privacy and security concern |
| Use bots or automated systems | Not intended use |
| Impersonate others | Fraud/deception |
Content Responsibilities
For detailed rules on content you import, see:
- • Section 4: Your Content - Your responsibilities for imported files
- • Section 5: Bundled Content - Rules for using included music
Commercial Use
| Use Case | Allowed? | Details |
|---|---|---|
| Personal practice | ✓ Yes | No restrictions |
| Teaching yourself | ✓ Yes | Personal educational use |
| Private studio teaching | Requires permission | Contact us for commercial license |
| School/institution use | Requires permission | Contact us for educational institution license |
| Content creation | Depends | See Bundled Content rules in Section 5 |
| Reselling the App | ✗ No | Prohibited |
To inquire about commercial licensing: Contact legal@crescendopiano.app
Consequences of Violation
If you violate these acceptable use terms:
| Violation Severity | Possible Consequence |
|---|---|
| Minor/first offense | Warning and request to remedy |
| Repeated violations | Account suspension (when accounts available) |
| Serious violations | Immediate termination of license |
| Illegal activity | Termination + potential legal action |
We reserve the right to determine, in our sole discretion, what constitutes a violation and what action to take.
Reporting Violations
If you become aware of any violation of these terms by another user, please report it to: legal@crescendopiano.app
9. Disclaimers
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON OUR OBLIGATIONS AND YOUR RIGHTS.
WARRANTY DISCLAIMER
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
| Disclaimed Warranty | Meaning |
|---|---|
| MERCHANTABILITY | No guarantee the App is fit for commercial use |
| FITNESS FOR A PARTICULAR PURPOSE | No guarantee the App meets your specific needs |
| NON-INFRINGEMENT | No guarantee the App doesn't infringe third-party rights |
| ACCURACY | No guarantee content is accurate or reliable |
| AVAILABILITY | No guarantee of uninterrupted operation |
| ERROR-FREE OPERATION | No guarantee the App is free from bugs or defects |
NO WARRANTY THAT
WE DO NOT WARRANT THAT:
- • The App will meet your specific requirements
- • The App will be available without interruption
- • Errors or defects will be corrected
- • The App is free from viruses or harmful components
- • Results from using the App will be accurate or reliable
- • Sheet music rendering will be error-free
- • Practice tracking will be perfectly accurate
EDUCATIONAL PURPOSE DISCLAIMER
THIS APP IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
| What The App Is | What The App Is NOT |
|---|---|
| A practice tool | A replacement for piano lessons |
| A sheet music display | A certified music education program |
| A progress tracker | A guarantee of learning outcomes |
| An educational resource | Professional music instruction |
WE MAKE NO GUARANTEES REGARDING:
- • Your rate or degree of learning progress
- • Achievement of specific musical skills
- • Development of proper technique
- • Musical proficiency or improvement
- • Suitability for your learning style or needs
RECOMMENDATION: Work with a qualified piano teacher for proper technique, personalized feedback, and prevention of injury or bad habits.
PHYSICAL SAFETY DISCLAIMER
Piano practice involves physical activity. YOU ARE RESPONSIBLE FOR:
- • Maintaining proper posture and technique
- • Taking regular breaks to prevent strain or injury
- • Consulting healthcare professionals if you experience pain
- • Ensuring your practice environment is safe
WE ARE NOT LIABLE FOR ANY PHYSICAL INJURY RESULTING FROM YOUR USE OF THE APP.
MIDI DEVICE COMPATIBILITY DISCLAIMER
WE DO NOT GUARANTEE COMPATIBILITY WITH ANY SPECIFIC MIDI DEVICE, KEYBOARD, OR CONTROLLER.
Compatibility depends on factors outside our control:
| Factor | Why It Affects Compatibility |
|---|---|
| Operating system version | API differences between OS versions |
| Device manufacturer | Proprietary implementations vary |
| Connection type | USB, Bluetooth, adapters have different requirements |
| Power requirements | Some devices need powered USB hubs |
| Third-party drivers | Driver quality and availability varies |
MIDI LATENCY, CONNECTION STABILITY, AND FEATURE AVAILABILITY MAY VARY.
We recommend checking your MIDI device's documentation and testing with the App before relying on it for practice.
ERRORS AND OMISSIONS DISCLAIMER
MUSICAL CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES.
This applies to:
| Content Type | Potential Issues |
|---|---|
| Sheet music notation | Wrong notes, rhythms, or articulations |
| Timing information | Incorrect tempo or time signatures |
| Metadata | Wrong composer, title, or key signature |
| MIDI conversion | Imperfect translation from MIDI to notation |
| Bundled Content | Errors in Mutopia Project transcriptions |
VERIFY CRITICAL INFORMATION WITH AUTHORITATIVE SOURCES such as published scores or professional musicians.
TECHNICAL AVAILABILITY DISCLAIMER
WE DO NOT GUARANTEE UNINTERRUPTED ACCESS TO THE APP.
The App may be unavailable due to:
| Cause | Our Responsibility |
|---|---|
| Planned maintenance | We'll try to notify in advance |
| Unexpected outages | We'll work to restore service |
| Platform changes (iOS/Android) | We'll try to update the App |
| Third-party service issues | Outside our control |
| Your device or network issues | Outside our control |
YOUR ASSUMPTION OF RISK
YOU USE THE APP AT YOUR SOLE RISK.
You acknowledge that:
- • You have read and understood these disclaimers
- • You accept the App with all its limitations
- • You will not hold us responsible for issues covered by these disclaimers
JURISDICTIONAL VARIATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
In such jurisdictions:
- • The above exclusions may not apply to you
- • Our warranties are limited to the minimum required by law
- • You may have additional rights under local consumer protection laws
10. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.
EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRESCENDO PIANO LLC SHALL NOT BE LIABLE FOR ANY:
| Damage Type | Description |
|---|---|
| INDIRECT DAMAGES | Damages that are a secondary result of our actions or the App's operation |
| INCIDENTAL DAMAGES | Minor losses that occur alongside your main claim |
| SPECIAL DAMAGES | Unusual losses not typically expected from using the App |
| CONSEQUENTIAL DAMAGES | Losses that result as a consequence of your inability to use the App |
| PUNITIVE DAMAGES | Damages intended to punish, even if not compensating actual loss |
SPECIFIC EXCLUDED DAMAGES
WE ARE NOT LIABLE FOR ANY:
| Excluded Loss | Examples |
|---|---|
| Loss of profits | Revenue you expected but didn't earn |
| Loss of data | Deletion, corruption, or inaccessibility of your practice data |
| Loss of use | Inability to use the App when you wanted |
| Loss of goodwill | Damage to your reputation or relationships |
| Loss of learning progress | Failure to achieve expected learning outcomes |
| Damage to devices | Hardware issues related to MIDI connections or app use |
| Damage to instruments | Physical damage to your piano or keyboard |
DAMAGES FROM SPECIFIC CAUSES
WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM:
- • Your use or inability to use the App
- • Unauthorized access to or alteration of your transmissions or data
- • Any conduct or content of any third party
- • Any content obtained through the App
- • Your Content or any copyright claims related to Your Content
- • Errors, omissions, or inaccuracies in musical content
- • MIDI device compatibility issues
- • Service interruptions, bugs, or errors
- • Your reliance on the App for learning outcomes
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAXIMUM LIABILITY CAP
TO THE EXTENT LIABILITY IS NOT EXCLUDED ABOVE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED:
| Cap Type | Amount |
|---|---|
| Primary Cap | The total amount you paid to us for the App in the 12 months preceding the event giving rise to the claim |
| Minimum Cap | If you paid nothing, or paid less than $100: One Hundred U.S. Dollars ($100.00 USD) |
Whichever amount is greater applies.
This cap applies to:
- • All claims in the aggregate, not per claim
- • All theories of liability (contract, tort, strict liability, or any other theory)
- • All causes of action arising from or relating to the App
ESSENTIAL PURPOSE
THESE LIMITATIONS APPLY:
- • Even if any remedy fails of its essential purpose
- • Regardless of whether the damages are foreseeable
- • Regardless of whether we were advised of the possibility of such damages
- • To the fullest extent permitted by applicable law
EXCEPTIONS TO LIMITATION
NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR:
| Exception | Reason |
|---|---|
| Death or personal injury | Caused by our gross negligence or willful misconduct |
| Fraud | Fraudulent misrepresentation by us |
| Gross negligence | Reckless disregard for your safety or rights |
| Willful misconduct | Intentional wrongful acts by us |
| Statutory liability | Liability that cannot be limited or excluded under applicable law |
These exceptions ensure we remain responsible for serious misconduct while limiting liability for normal operational issues.
JURISDICTIONAL VARIATIONS
SOME JURISDICTIONS DO NOT ALLOW:
- • Exclusion or limitation of consequential or incidental damages
- • Limitation of liability for personal injury
- • Exclusion of implied warranties
IN SUCH JURISDICTIONS:
- • Our liability is limited to the maximum extent permitted by law
- • Excluded damages are limited rather than excluded if exclusion is not permitted
- • You may have additional rights under local consumer protection laws
For European Union Users:
- • Nothing in these Terms affects your statutory rights as a consumer under EU law
- • The limitation of liability does not apply to liability arising from:
- - Intentional misconduct or gross negligence
- - Breaches of obligations essential to the contract
- - Personal injury caused by our fault
For Australian Users:
- • Certain guarantees cannot be excluded under Australian Consumer Law
- • Where liability cannot be excluded, it is limited to:
- - Resupplying the services, OR
- - Paying the cost of having the services resupplied
APPLE AND GOOGLE LIABILITY
APPLE INC. AND GOOGLE LLC HAVE NO LIABILITY WHATSOEVER FOR THE APP.
| Party | Liability |
|---|---|
| Apple | Has no warranty obligations or liability for the App |
| Has no warranty obligations or liability for the App | |
| You and Us | Any claims relating to the App are solely between you and Crescendo Piano LLC |
YOUR ACKNOWLEDGMENT
BY USING THE APP, YOU ACKNOWLEDGE THAT:
- • You have read and understood this limitation of liability section
- • You agree that this limitation is reasonable given:
- - The App is provided at a low one-time price
- - The App stores data locally without our access
- - You control what content you import and use
- • You would not have access to the App on acceptable terms without these limitations
11. Indemnification
Your Agreement to Indemnify
You agree to indemnify, defend, and hold harmless Crescendo Piano LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
What You Indemnify For
| Category | Covered Claims |
|---|---|
| Terms Violations | Any breach or alleged breach of these Terms by you |
| Your Content | Any claim that Your Content infringes, misappropriates, or violates third-party intellectual property, privacy, or other rights |
| Copyright Claims | Any copyright, trademark, or other IP infringement claims related to files you import |
| Unlawful Conduct | Any illegal or unauthorized activity conducted through your use of the App |
| Third-Party Rights | Any claim that your use of the App violated the rights of a third party |
| Your Negligence | Any claim arising from your negligent or reckless use of the App |
| Misrepresentation | Any false representation you made in connection with these Terms or your use of the App |
Specific Indemnification Scenarios
You specifically agree to indemnify us for claims arising from:
- • Importing copyrighted music files without proper authorization
- • Using the App to infringe on any third party's rights
- • Sharing or distributing content in violation of applicable licenses
- • Misrepresenting your ownership or rights to imported content
- • Violating the acceptable use policies in Section 8
- • Any harm caused to third parties through your use of the App
What Indemnification Means
| Term | Definition |
|---|---|
| Indemnify | Compensate us for any losses we suffer due to your actions |
| Defend | Provide legal defense at your expense if we are sued |
| Hold Harmless | Ensure we are not held responsible for your violations |
Our Rights in Indemnified Claims
If a claim arises that triggers your indemnification obligation:
| Our Right | Details |
|---|---|
| Control of defense | We may assume exclusive control of the defense and settlement of any claim at our discretion |
| Choice of counsel | If we assume control, we choose our own legal counsel |
| Your cooperation | You must cooperate fully with our defense |
| Settlement approval | You may not settle any claim without our prior written consent if the settlement would impose obligations on us or admit fault on our behalf |
Your Ongoing Obligations
Even if we control the defense, you remain responsible for:
- • All indemnification obligations under these Terms
- • Costs and expenses we incur in the defense
- • Any settlement amounts or judgments
- • Cooperation with the defense as reasonably requested
Exception: Our Fault
This indemnification does NOT apply to claims arising solely from:
| Exception | Meaning |
|---|---|
| Our gross negligence | Reckless disregard for your rights or safety by us |
| Our willful misconduct | Intentional wrongful acts by us |
| Our breach of Terms | Material breach of these Terms by us |
| Our sole negligence | Negligent acts by us where you bear no fault |
Important: If a claim arises from a combination of your actions and our fault, your indemnification obligation applies only to the portion attributable to your actions.
Proportional Liability
Where permitted by law:
- • If a claim results from both your actions and our conduct
- • Indemnification is proportional to respective fault
- • Neither party indemnifies the other for that party's own negligence
Notice of Claims
If we become aware of a claim for which you may owe indemnification:
- We will notify you promptly in writing
- Failure to notify does not relieve your indemnification obligation unless you are materially prejudiced by the delay
- You must respond within 30 days indicating whether you accept the indemnification obligation
Scope and Survival
This indemnification obligation:
- • Applies to claims made during or after your use of the App
- • Survives termination of these Terms
- • Is in addition to, not instead of, any other remedies we may have
- • Covers claims brought against any Indemnified Party, not just Crescendo Piano LLC
Why This Matters
As a local-first app, we do not monitor, control, or have access to Your Content. This means:
| Situation | Your Responsibility |
|---|---|
| You import pirated sheet music | You bear all liability for copyright infringement |
| A copyright holder sues us for your files | You must defend us and cover all costs |
| Your use causes harm to third parties | You indemnify us from those claims |
We cannot verify your rights to imported content. By using the App, you accept responsibility for ensuring your content is legally obtained.
12. Termination
Your Right to Terminate
You may stop using the App at any time.
| Method | How It Works |
|---|---|
| Uninstall | Delete the App from your device |
| Stop using | Simply stop opening or using the App |
| Delete account | If you have an account (future feature), delete it via Settings |
No penalty. You are not required to notify us. You will not be charged any fees for stopping use.
Our Right to Terminate
We may suspend or terminate your access to the App:
| Condition | Notice | When This Applies |
|---|---|---|
| With cause | Immediate | Violation of these Terms, illegal activity, abuse |
| Without cause | 30 days | Business decision, App discontinuation |
| Emergency | Immediate | Security threats, legal requirements |
Reasons We May Terminate
We may terminate or suspend your license if you:
| Reason | Examples |
|---|---|
| Violate these Terms | Breach any provision of this agreement |
| Infringe copyrights | Import pirated content, violate third-party IP |
| Engage in illegal activity | Use the App for unlawful purposes |
| Abuse the App | Circumvent security, automated access, hacking attempts |
| Harm others | Actions that damage other users or third parties |
| Misrepresent yourself | False information during account creation (future) |
Process Before Termination
For non-emergency terminations, we will generally:
- Notify you of the violation (if applicable)
- Provide an opportunity to remedy the violation (if curable)
- Give you reasonable time to export your data (if applicable)
Exceptions: We may skip these steps for:
- • Severe or repeated violations
- • Illegal activity
- • Security emergencies
- • Court orders or legal requirements
Effect of Termination
Upon termination of your license:
| What Happens | Details |
|---|---|
| License ends | Your right to use the App terminates immediately |
| Must delete App | You should uninstall all copies of the App |
| Local data unaffected | We have no access to data on your device |
| Cloud data deleted | If you have an account (future), cloud data deleted within 30 days |
| No refunds | Unless required by applicable law or platform policies |
Effect on Your Content
Your Content stored locally on your device:
| Data Type | What Happens |
|---|---|
| Imported music files | Remain on your device (we cannot access them) |
| Practice history | Remains on your device |
| App settings | Remain until you delete the App |
| Cloud-synced data | Deleted within 30 days (future feature) |
You are responsible for backing up any data you wish to keep before termination.
Effect on Account Data (Future)
When account features are available:
| Data Type | Deletion Timeline |
|---|---|
| Account credentials | Deleted within 30 days |
| Cloud-synced practice data | Deleted within 30 days |
| Email and profile info | Deleted within 30 days |
| Anonymized, aggregated data | May be retained (not personally identifiable) |
GDPR/CCPA Note: You may request immediate deletion by contacting privacy@crescendopiano.app
Survival of Terms
The following sections survive termination of these Terms:
| Section | Why It Survives |
|---|---|
| Section 4: Your Content | Your warranties about imported content remain in effect |
| Section 9: Disclaimers | Our disclaimers continue to apply to past use |
| Section 10: Limitation of Liability | Liability limits apply to claims arising from past use |
| Section 11: Indemnification | Your indemnification obligations continue |
| Section 14: Dispute Resolution | Disputes must still be resolved per these Terms |
| Section 15: General Provisions | Governing law, severability, etc. remain applicable |
These provisions survive because: They govern rights and obligations that arose during your use of the App and must continue to apply even after you stop using it.
No Waiver by Termination
Termination does not affect:
- • Any rights or obligations that accrued before termination
- • Any claims either party may have against the other
- • Any provisions that by their nature should survive
Reinstatement
If your access was terminated:
| Reason for Termination | Reinstatement Possible? |
|---|---|
| By you (uninstall) | Yes - simply reinstall |
| By us for minor violation | Possibly - contact legal@crescendopiano.app |
| By us for serious violation | Generally no |
| App discontinuation | No - App no longer available |
We have sole discretion over whether to reinstate terminated users.
App Discontinuation
If we discontinue the App entirely:
- • We will provide at least 30 days' notice when possible
- • Notice will be provided via the App, our website, or email (if you have an account)
- • You should export any data you wish to keep
- • No refunds for past purchases unless required by law
- • These Terms continue to govern disputes arising from past use
13. Changes to These Terms
Our Right to Modify
We may update, modify, or replace these Terms at any time.
| What We May Change | Examples |
|---|---|
| Features and functionality | Adding or removing App features |
| Pricing and payments | Changes for future subscription features |
| User obligations | Updates to acceptable use policies |
| Legal provisions | Updates for compliance with new laws |
| Dispute resolution | Changes to arbitration or jurisdiction |
| Any other provision | Any term in this agreement |
Types of Changes
| Change Type | Definition | Notice Period |
|---|---|---|
| Minor changes | Clarifications, typo fixes, formatting | Immediate (no notice required) |
| Moderate changes | Feature updates, policy adjustments | 15 days |
| Material changes | Significant changes to your rights or obligations | 30 days |
| Arbitration changes | Changes to dispute resolution | 30 days (with opt-out right) |
How We Notify You
We will notify you of changes through one or more of:
| Notification Method | When Used |
|---|---|
| In-App notification | Primary method for all users |
| App update notes | When changes accompany an app update |
| If you have an account (future feature) | |
| Website | Posted at crescendopiano.app/terms |
| Updated date | "Last Updated" date at top of Terms |
For material changes:
- • We will provide prominent notice within the App
- • We will clearly describe what is changing
- • We will give you time to review before changes take effect
When Changes Take Effect
| Change Type | Effective Date |
|---|---|
| Minor changes | Immediately upon posting |
| Moderate changes | 15 days after notice |
| Material changes | 30 days after notice |
| Urgent legal/security | Immediately (with retroactive notice) |
The "Last Updated" date at the top of these Terms indicates when changes were last made.
Your Options When Terms Change
If you disagree with any changes, you have options:
| Option | How to Exercise |
|---|---|
| Stop using the App | Uninstall the App before changes take effect |
| Delete your account | If you have an account (future), delete it |
| Opt out of arbitration changes | See "Changes to Arbitration" below |
| Contact us | Ask questions at legal@crescendopiano.app |
Continued Use = Acceptance
By continuing to use the App after changes take effect, you agree to the updated Terms.
| If You... | Then... |
|---|---|
| Continue using after effective date | You accept the new Terms |
| Stop using before effective date | You are bound by the Terms in effect when you last used the App |
| Never used after a certain date | The Terms in effect on your last use date apply |
This is why we encourage you to review the Terms periodically.
Changes to Arbitration
Special rules apply to changes in Section 14 (Dispute Resolution):
If we modify the arbitration agreement in Section 14:
| Your Right | How to Exercise |
|---|---|
| Opt out | Send written notice within 30 days of the change |
| Where to send | legal@crescendopiano.app |
| What to include | Your name, email, and statement that you reject the arbitration changes |
| Effect of opt-out | You will be bound by the arbitration terms in effect before the change |
If you do not opt out within 30 days, you accept the new arbitration terms.
Version History
We maintain a record of previous Terms versions.
| Information Retained | Purpose |
|---|---|
| Previous versions | Available upon request |
| Change dates | When each version became effective |
| Summary of changes | What changed between versions |
To request previous versions: Contact legal@crescendopiano.app
No Retroactive Changes
Changes to these Terms apply prospectively only.
| What This Means | Example |
|---|---|
| Changes don't affect past conduct | A new prohibition doesn't make past allowed conduct a violation |
| Past rights remain | Rights you earned under previous Terms remain valid |
| Past obligations remain | Obligations that accrued under previous Terms remain enforceable |
Exception: We may clarify existing provisions without changing their meaning, effective immediately.
EU and UK Users
For users in the European Union or United Kingdom:
| Requirement | Our Commitment |
|---|---|
| Notice period | Minimum 30 days for material changes |
| Clear communication | Changes explained in plain language |
| Right to terminate | You may stop using the App if you disagree |
| No unfair terms | Changes will comply with consumer protection laws |
Under the EU Unfair Contract Terms Directive and UK Consumer Rights Act 2015, we will not make changes that would be considered unfair to consumers.
Reviewing the Current Terms
You can always find the current Terms:
| Location | URL |
|---|---|
| Website | https://crescendopiano.app/terms |
| In-App | Settings > Legal > Terms of Service |
| App Store listing | Link in App Store / Play Store description |
Tip: Bookmark the website URL to easily check for updates.
14. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Governing Law
These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict of law provisions.
| Legal Framework | Application |
|---|---|
| State law | Arizona state law governs contract interpretation |
| Federal law | The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs arbitration |
| International | The United Nations Convention on Contracts for the International Sale of Goods does not apply |
Jurisdiction
For disputes not subject to arbitration:
| Forum | When It Applies |
|---|---|
| State courts | Courts of the State of Arizona, Maricopa County |
| Federal courts | United States District Court for the District of Arizona |
You consent to the exclusive jurisdiction of these courts and waive any objection based on venue or inconvenient forum.
Informal Resolution First
Before initiating formal proceedings, you agree to try to resolve disputes informally.
| Step | Details |
|---|---|
| 1. Contact us | Email legal@crescendopiano.app describing your dispute |
| 2. We respond | We will respond within 14 days |
| 3. Negotiate | Both parties will attempt good-faith resolution |
| 4. Resolution period | 60 days from initial contact |
Only after the 60-day period expires (or if we agree resolution is impossible) may either party initiate formal proceedings.
Agreement to Arbitrate
If informal resolution fails, you and Crescendo Piano LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration.
| What This Means |
|---|
| A neutral arbitrator decides the dispute, not a judge or jury |
| The arbitrator's decision is final and legally binding |
| You give up your right to participate in class actions |
| Discovery and appeals are more limited than in court |
Exceptions to Arbitration
The following disputes are NOT subject to mandatory arbitration:
| Exception | Reason |
|---|---|
| Small claims court | Either party may bring individual claims in small claims court if eligible |
| Intellectual property | Either party may seek injunctive relief in court for IP infringement |
| Sexual assault/harassment | Exempt under federal law (Ending Forced Arbitration Act) |
| Public injunctive relief | Where prohibited by applicable law |
Arbitration Administrator
Arbitration will be administered by:
| Provider | Details |
|---|---|
| American Arbitration Association (AAA) | Under its Consumer Arbitration Rules |
| Rules available at | www.adr.org |
| Phone | 1-800-778-7879 |
If AAA is unavailable, the parties will agree on an alternative provider. If they cannot agree, a court will appoint one.
Arbitration Process
| Aspect | Details |
|---|---|
| Filing | Either party files a demand for arbitration with AAA |
| Selection | Single arbitrator selected per AAA rules |
| Evidence | Limited discovery; arbitrator may allow document exchange |
| Hearing | In-person, by phone, or by video (your choice for claims under $25,000) |
| Decision | Written decision explaining the award |
| Timeline | Typically 3-6 months from filing to decision |
Arbitration Location
Hearings will be held:
| Option | Details |
|---|---|
| Your location | The county where you reside |
| Our location | Maricopa County, Arizona |
| Remote | By telephone or video conference at your request |
For claims under $25,000: You may choose phone/video hearings. We will not require in-person appearance unless the arbitrator determines it necessary.
Arbitration Costs
Who pays what:
| Cost Type | Who Pays |
|---|---|
| Filing fee | You pay up to $200; we pay amounts above that |
| Administration fees | We pay |
| Arbitrator fees | We pay |
| Your attorney fees | You pay (unless you prevail and law provides otherwise) |
| Our attorney fees | We pay |
For claims under $10,000: We will pay all arbitration costs unless the arbitrator finds your claim frivolous.
Fee waiver: If you cannot afford the filing fee, you may apply to AAA for a fee waiver, and we will not object.
Class Action Waiver
YOU AND CRESCENDO PIANO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
| What You Give Up | Why This Matters |
|---|---|
| Class actions | You cannot participate as a class member |
| Collective actions | You cannot join with other plaintiffs |
| Representative actions | You cannot bring claims on behalf of others |
| Consolidated proceedings | Your claim cannot be combined with others |
The arbitrator may NOT:
- • Consolidate more than one person's claims
- • Preside over any form of class or representative proceeding
- • Award relief that affects persons other than the parties
Exception: If this class action waiver is found unenforceable for a particular claim, that claim must be severed and brought in court, while remaining claims proceed in arbitration.
Right to Opt Out of Arbitration
You may opt out of this arbitration agreement.
| Requirement | Details |
|---|---|
| Deadline | Within 30 days of first accepting these Terms |
| How to opt out | Send written notice to legal@crescendopiano.app |
| What to include | Your name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement |
If you opt out:
- • You may pursue claims in court instead of arbitration
- • All other provisions of these Terms remain in effect
- • We will not retaliate against you for opting out
If you do not opt out within 30 days:
- • You are bound by this arbitration agreement
- • Future changes to arbitration terms are subject to the opt-out process in Section 13
Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed:
| Procedure | Details |
|---|---|
| Bellwether process | Up to 10 cases selected for initial resolution |
| Selection | 5 selected by claimants, 5 selected by us |
| Resolution | These cases proceed first |
| Remaining claims | Stayed until bellwether cases resolve |
| Settlement discussions | Required after bellwether resolution |
This process ensures efficient resolution while preserving individual rights.
Arbitrator's Authority
The arbitrator has exclusive authority to:
| Power | Scope |
|---|---|
| Determine arbitrability | Decide whether a dispute is subject to arbitration |
| Interpret Terms | Resolve disputes about these Terms' meaning |
| Award remedies | Grant any remedy available under applicable law |
| Award costs | Allocate arbitration costs between parties |
The arbitrator may NOT:
- • Award punitive damages unless expressly authorized by statute
- • Award relief greater than what a court could award
- • Modify or ignore these arbitration provisions
Confidentiality
Arbitration proceedings are confidential.
| What's Confidential | Exceptions |
|---|---|
| Existence of arbitration | Disclosure required by law |
| Evidence and arguments | Enforcement of award |
| Arbitrator's decision | Protecting legal rights |
Enforcement
Arbitration awards may be enforced in any court of competent jurisdiction.
The arbitrator's decision is final and binding, subject only to the limited review permitted under the Federal Arbitration Act.
Survival
This arbitration agreement survives:
- • Termination of these Terms
- • Termination of your account (if applicable)
- • Your deletion of the App
- • Any changes to other provisions of these Terms
Severability of Arbitration Provisions
If any part of this Section 14 is found unenforceable:
| Scenario | Result |
|---|---|
| Class action waiver unenforceable | That claim goes to court; other claims arbitrated |
| Other provision unenforceable | Remaining provisions stay in effect |
| Entire section unenforceable | Disputes resolved in court per Governing Law above |
15. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Crescendo Piano LLC regarding the App.
| What This Means |
|---|
| These Terms supersede all prior agreements, understandings, and negotiations |
| No other terms apply unless expressly incorporated by reference |
| Oral agreements or representations are not binding |
Documents incorporated by reference:
| Document | Location |
|---|---|
| Privacy Policy | https://crescendopiano.app/privacy |
| App Store Terms | Apple Media Services Terms (if using iOS) |
| Play Store Terms | Google Play Terms of Service (if using Android) |
Severability
If any provision of these Terms is found invalid, illegal, or unenforceable:
| Scenario | Result |
|---|---|
| Provision is severable | That provision is removed; remaining Terms continue in full force |
| Provision can be modified | It will be modified to the minimum extent necessary to make it enforceable |
| Provision is essential | Both parties will negotiate in good faith to replace it with a valid provision that achieves the original intent |
The invalidity of one provision does not affect the validity of other provisions.
Waiver
No waiver of any term shall be deemed a further or continuing waiver.
| Principle | Application |
|---|---|
| No implied waiver | Our failure to enforce any right or provision is not a waiver of that right |
| No continuing waiver | A waiver on one occasion does not waive future enforcement |
| Written waiver required | Any waiver must be in writing and signed by us to be effective |
| Delay is not waiver | Our delay in exercising a right does not waive it |
Assignment
Restrictions on transferring these Terms:
| Party | Assignment Rights |
|---|---|
| You | May NOT assign, transfer, or sublicense these Terms without our prior written consent |
| We | May assign our rights and obligations to any affiliate, successor, or acquirer without notice |
Any attempted assignment in violation of this section is void.
What happens if we assign:
- • Your rights under these Terms are not diminished
- • The assignee assumes all our obligations
- • You will be notified of any assignment that materially affects your rights
Third-Party Beneficiaries
Apple Inc. and Google LLC are express third-party beneficiaries of these Terms.
| Platform | Third-Party Beneficiary Rights |
|---|---|
| Apple (iOS) | Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary |
| Google (Android) | Upon your acceptance, Google has the right to enforce these Terms against you as a third-party beneficiary |
No other third-party beneficiaries:
- • Except for Apple and Google, these Terms do not create any third-party beneficiary rights
- • No other person or entity may enforce any provision of these Terms
Notices
How legal notices work:
| Notice Type | Method | Effective When |
|---|---|---|
| From you to us | Email to legal@crescendopiano.app | When we receive and acknowledge it |
| From us to you | Email (if you have an account) or in-app notification | When sent |
| Changes to Terms | Per Section 13 | Per the notice periods specified |
For legal notices to us:
- • Email: legal@crescendopiano.app
- • Subject line: Include "Legal Notice" for priority handling
- • Response time: We aim to acknowledge within 14 business days
Force Majeure
Neither party is liable for failure to perform due to circumstances beyond reasonable control.
| Force Majeure Events | Examples |
|---|---|
| Natural disasters | Earthquakes, floods, hurricanes, pandemics |
| Civil unrest | War, terrorism, riots, government actions |
| Infrastructure failures | Power outages, internet failures, telecommunications failures |
| Third-party failures | App store outages, payment processor failures |
Our obligations:
- • We will make reasonable efforts to resume performance
- • We will notify you of significant service interruptions
- • Force majeure does not excuse payment obligations that accrued before the event
Headings
Section headings are for convenience only.
| Interpretation Rule |
|---|
| Headings do not affect the meaning or interpretation of any provision |
| In case of conflict between a heading and the text, the text controls |
Language
These Terms are written in English.
| Language Provision | Details |
|---|---|
| Controlling language | The English version controls |
| Translations | Any translations are for convenience only |
| Conflicts | In case of conflict, English prevails |
Electronic Communications
You consent to receive communications from us electronically.
| What This Means |
|---|
| We may communicate via email, in-app notifications, or website postings |
| Electronic communications satisfy legal requirements for written notices |
| You agree to keep your contact information current (when accounts are available) |
Export Compliance
You agree to comply with all applicable export and import laws.
| Your Obligations |
|---|
| You will not export or re-export the App to prohibited countries |
| You will not use the App if you are on any U.S. government restricted parties list |
| You will comply with all applicable export control laws and regulations |
The App is subject to U.S. export control laws, including the Export Administration Regulations (EAR).
U.S. Government Users
If you are a U.S. government entity:
| Classification | Details |
|---|---|
| Commercial item | The App is a "commercial item" as defined in 48 C.F.R. § 2.101 |
| Commercial software | Consisting of "commercial computer software" and "commercial computer software documentation" |
| Rights | Government users receive only the rights granted to non-government users under these Terms |
References: 48 C.F.R. § 12.212 (civilian agencies) and 48 C.F.R. §§ 227.7201-227.7204 (DoD).
Independent Parties
The relationship between you and Crescendo Piano LLC:
| What We Are | What We Are NOT |
|---|---|
| Independent parties | Partners |
| Licensor and licensee | Joint venturers |
| Service provider and user | Employer and employee |
Neither party has authority to bind the other or create obligations on behalf of the other.
Construction
Rules for interpreting these Terms:
| Rule | Application |
|---|---|
| No presumption against drafter | These Terms shall not be construed against us merely because we drafted them |
| "Including" means "including but not limited to" | Lists are illustrative, not exhaustive |
| "Or" is not exclusive | Unless context requires otherwise |
| Singular includes plural | And vice versa |
Survival
The following sections survive termination of these Terms:
| Section | Why It Survives |
|---|---|
| Section 3 (License restrictions) | Violations remain actionable |
| Section 4 (Your Content warranties) | Your representations continue |
| Section 9 (Disclaimers) | Apply to past use |
| Section 10 (Limitation of Liability) | Limits claims from past use |
| Section 11 (Indemnification) | Your obligations continue |
| Section 14 (Dispute Resolution) | Governs disputes from past use |
| Section 15 (General Provisions) | Necessary for interpretation |
Apple-Specific Terms
For users who download the App from the Apple App Store:
| Requirement | Our Compliance |
|---|---|
| EULA is with developer | This agreement is between you and Crescendo Piano LLC, NOT Apple |
| Developer responsibility | Crescendo Piano LLC is solely responsible for the App and its content |
| No Apple support obligation | Apple has no obligation to provide maintenance or support |
| Third-party beneficiary | Apple is a third-party beneficiary of these Terms |
| Apple's right to enforce | Apple may enforce these Terms against you |
Apple's Minimum Terms compliance: This agreement complies with Apple's Minimum Terms for Licensed Applications as specified in the Apple Developer Program License Agreement.
Google-Specific Terms
For users who download the App from Google Play:
| Requirement | Our Compliance |
|---|---|
| Developer responsibility | Crescendo Piano LLC is solely responsible for the App |
| Refunds | Handled by Google Play per its refund policies |
| Third-party beneficiary | Google is a third-party beneficiary of these Terms |
| Play Store terms | Your use is also subject to Google Play Terms of Service |
Google Play compliance: This agreement complies with the Google Play Developer Distribution Agreement.
16. Contact Us
Questions About These Terms?
We're here to help you understand your rights and obligations.
| Contact Type | Details |
|---|---|
| General Terms questions | legal@crescendopiano.app |
| Privacy questions | privacy@crescendopiano.app |
| Technical support | support@crescendopiano.app |
Response Times
| Inquiry Type | Expected Response |
|---|---|
| Legal notices | Within 14 business days |
| Privacy requests | Within 7 business days |
| General questions | Within 7 business days |
Company Information
Crescendo Piano LLC
| Information | Details |
|---|---|
| Legal name | Crescendo Piano LLC |
| Type | Limited Liability Company |
| Jurisdiction | State of Arizona, USA |
How to Reach Us
| Purpose | |
|---|---|
| Terms of Service questions | legal@crescendopiano.app |
| Privacy Policy questions | privacy@crescendopiano.app |
| Account deletion requests | privacy@crescendopiano.app |
| Copyright/DMCA inquiries | legal@crescendopiano.app |
| Arbitration opt-out | legal@crescendopiano.app |
| General support | support@crescendopiano.app |
Website
For the latest versions of our legal documents:
| Document | URL |
|---|---|
| Terms of Service | https://crescendopiano.app/terms |
| Privacy Policy | https://crescendopiano.app/privacy |
Summary of Key Points
| Topic | Summary |
|---|---|
| Price | One-time purchase (price set in App Store/Play Store) |
| Your Files | You're responsible for having rights to import them |
| Bundled Music | Free to use; attribute if you redistribute |
| Learning | No guaranteed outcomes; not a substitute for a teacher |
| Disclaimers | App provided "as-is" for educational purposes |
| Liability | Limited to amount paid or $100 |
| Disputes | Binding arbitration with small claims exception |
| Opt-Out | 30 days to opt out of arbitration |
| Law | Arizona, USA |
| Future Features | Accounts and cloud sync will be optional |
This Terms of Service is also available at: https://crescendopiano.app/terms
Last Updated: December 2025 | Version: 1.0