1. Parties and Scope
This End User License Agreement (“EULA” or “Agreement”) is a binding legal agreement between you (“User” or “you”) and TNAADO Inc., a corporation incorporated under the laws of Ontario, Canada, with its principal office in Toronto, Ontario, Canada (“Licensor,” “Company,” “we,” or “us”).
This Agreement governs your use of the GEB (Gesture Beats) mobile application (the “Application” or “App”), including any updates, supplements, and related services provided by TNAADO Inc., unless such items are accompanied by a separate license agreement.
The Application is licensed, not sold, to you. TNAADO Inc. retains all right, title, and interest in and to the Application, including all intellectual property rights therein.
2. License Grant
Subject to your compliance with this Agreement, TNAADO Inc. grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on Apple-branded devices that you own or control, as permitted by the Apple App Store Terms of Service.
This license does not allow you to:
- Use the Application on any device you do not own or control
- Distribute, sublicense, lease, rent, lend, or otherwise transfer the Application or any rights therein to any third party
- Use the Application for any commercial purpose not expressly permitted by TNAADO Inc.
- Make the Application available over a network where it could be accessed or used by multiple devices simultaneously, unless authorized by TNAADO Inc.
3. Apple Licensed Application EULA
This Agreement incorporates by reference the Apple Licensed Application End User License Agreement (“Apple EULA”) published by Apple Inc. at apple.com/legal/internet-services/itunes/dev/stdeula. In the event of any conflict between this Agreement and the Apple EULA, the terms of this Agreement shall govern to the extent permitted by applicable law, except where the Apple EULA provides additional rights that cannot be contractually overridden.
You acknowledge that this Agreement is between you and TNAADO Inc. only, and not with Apple Inc. TNAADO Inc., not Apple, is solely responsible for the Application and its content. Apple has no obligation to provide maintenance or support services for the Application.
4. In-App Purchases and Credits
4.1 Credit System
The Application offers in-app credits (“Credits”) that are used to access certain features and functionality within GEB. Credits are consumable digital items. Once a Credit has been used within the Application, it is considered consumed and is non-refundable. Credits have no monetary value outside the Application, cannot be exchanged for cash, and cannot be transferred to another user or account.
4.2 Subscription Plans
GEB offers subscription plans that provide access to premium features and periodic Credit allocations. The following subscription options are available:
- Weekly Plan: $1.49 USD per week, billed automatically each week
- Monthly Plan: $4.99 USD per month, billed automatically each month
4.3 Free Trial
GEB may offer a free trial period of seven (7) days for new subscribers. During the free trial, you will have access to the full features of the subscription plan at no charge. At the end of the free trial period, your subscription will automatically convert to a paid subscription at the applicable rate unless you cancel before the trial period ends. You may cancel your free trial at any time through your Apple ID account settings.
4.4 Auto-Renewal
All subscriptions automatically renew at the end of each billing period unless you cancel at least twenty-four (24) hours before the end of the current period. Your Apple ID account will be charged for renewal within twenty-four (24) hours prior to the end of the current period at the rate of your selected plan. You may manage your subscription and turn off auto-renewal at any time by going to your Apple ID account settings on your device.
4.5 Refund Policy
All purchases, including subscriptions and Credit purchases, are processed through Apple and are subject to Apple’s refund policies. To request a refund, you must contact Apple directly through their standard refund process. TNAADO Inc. does not process refunds for purchases made through the Apple App Store. Consumed Credits are non-refundable under any circumstances.
5. Restrictions
You agree that you will not, and will not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works based on the Application or any portion thereof
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application, in whole or in part
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Application
- Use the Application in any manner that could damage, disable, overburden, or impair any TNAADO Inc. server or network
- Use the Application to violate any applicable local, provincial, national, or international law or regulation
- Use the Application to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
- Redistribute, sell, sublicense, or otherwise make the Application available to any third party
- Use any robot, spider, scraper, or other automated means to access the Application for any purpose
- Circumvent, disable, or otherwise interfere with security-related features of the Application
6. Intellectual Property
The Application, including all content, features, functionality, software, code, user interface design, graphics, audio, and documentation, is owned by TNAADO Inc. and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. This Agreement does not grant you any rights to TNAADO Inc.’s trademarks, service marks, or trade names.
You retain ownership of any original musical compositions or creative works you produce using the Application. By using GEB, you grant TNAADO Inc. a limited, non-exclusive license to process your content solely as necessary to provide the Service.
7. Privacy and Data
Your use of the Application is subject to TNAADO Inc.’s Privacy Policy, available at gesturebeats.app/privacy. By using the Application, you consent to the collection and use of information as described in the Privacy Policy.
8. Disclaimer of Warranties
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TNAADO INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TNAADO Inc. does not warrant that the Application will function uninterrupted, that it will be free of errors, bugs, or defects, or that any defects will be corrected. You assume the entire risk as to the quality and performance of the Application.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TNAADO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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 IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION.
IN NO EVENT SHALL TNAADO INC.’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLICATION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO TNAADO INC. FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY CANADIAN DOLLARS (CAD $50.00).
10. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically, without notice from TNAADO Inc., if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Application and destroy all copies, full or partial, of the Application in your possession.
TNAADO Inc. may, at its sole discretion, suspend or terminate your access to the Application at any time for any reason, including but not limited to:
- Breach of this Agreement or any applicable terms of service
- Request by law enforcement or other government agency
- Discontinuation or material modification of the Application
- Extended periods of inactivity
- Engagement in fraudulent or illegal activities
Termination of this Agreement does not entitle you to any refund of amounts previously paid. Sections 6, 8, 9, 11, and 12 shall survive any termination of this Agreement.
11. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflict of laws. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of competent jurisdiction located in Toronto, Ontario, Canada, and you consent to the personal jurisdiction of such courts.
12. General Provisions
12.1 Entire Agreement
This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and TNAADO Inc. with respect to the Application and supersedes all prior or contemporaneous understandings regarding the Application.
12.2 Severability
If any provision of this Agreement 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 this Agreement shall otherwise remain in full force and effect.
12.3 Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. TNAADO Inc.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.4 Assignment
You may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of TNAADO Inc. TNAADO Inc. may assign this Agreement without restriction.
12.5 Amendments
TNAADO Inc. reserves the right to modify this Agreement at any time. Material changes will be communicated via the Application or by email to registered users. Your continued use of the Application following any such modification constitutes your acceptance of the modified Agreement.
13. Third-Party Beneficiary
You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
14. Contact Information
For questions or concerns regarding this End User License Agreement, please contact:
TNAADO Inc.
Toronto, Ontario, Canada
Email: contact@gesturebeats.com
Website: gesturebeats.app