Riff Locker End User License Agreement

This End User License Agreement ("EULA") is between you and Wildmann Design Studio, the business of Michael Wildmann Krauss-Lucas ("Wildmann Design Studio", "we"). By downloading, installing or using Riff Locker (the "App") you accept it. If you do not agree, do not use the App.

1. Acknowledgement

This EULA is concluded between you and Wildmann Design Studio only, and not with Apple Inc. ("Apple"). Wildmann Design Studio, not Apple, is solely responsible for the App and its content. Where this EULA gives you fewer rights than Apple's Media Services Terms and Conditions, Apple's terms prevail for the App Store transaction.

2. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, for your personal music-making. The App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it.

3. Restrictions

You may not: copy the App except as this EULA allows; distribute, sell, rent, lend or sublicense it; reverse engineer, decompile, disassemble or attempt to derive its source code, algorithms, thresholds, models, model weights or audio-analysis parameters, except to the extent that applicable law expressly permits despite this restriction; extract, reuse or train on any model, sample content, artwork, sound or text in the App; modify it or create derivative works; remove any proprietary notice; circumvent any technical protection; or use the App, or anything you learn from it, to build a competing product.

4. Ownership

The App is licensed, not sold. Wildmann Design Studio and its licensors own all right, title and interest in the App, including Whisper Mode, the analysis methods and models, the designs, artwork, sounds, sample content and documentation, and all intellectual-property rights in them. "Riff Locker", "Whisper Mode", the guitar-pick logo and the locker artwork are trademarks of Wildmann Design Studio. No rights are granted except the license in Section 2.

5. Your recordings

You own the recordings, compositions and details you create with the App. The App stores them only on your device and contains no networking code that sends them to us. You are responsible for backing them up, for how you use them, and for obtaining any consent that applicable law requires before recording other people.

6. Analytics are estimates

Whisper Mode detection, tempo, key and meter estimates, chord and progression readings, genre labels, similarity hints and every other analysis in the App are heuristic estimates computed on your device. They may be wrong. They are provided for your information only and are not musical, legal or copyright opinions. The similarity feature compares your own riffs with each other and does not compare them with any external catalogue of published music.

7. Maintenance and support

Wildmann Design Studio is solely responsible for any maintenance and support of the App, as described at riff-locker.com/support.html. Apple has no obligation to provide any maintenance or support for the App.

8. Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Wildmann Design Studio's sole responsibility.

9. Product claims

Wildmann Design Studio, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product-liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar legislation.

10. Intellectual property claims

If a third party claims that the App or your possession and use of it infringes that third party's intellectual-property rights, Wildmann Design Studio, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WILDMANN DESIGN STUDIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, RECORDINGS, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP, AND OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM OR FIFTY UNITED STATES DOLLARS (US$50), WHICHEVER IS GREATER.

12. Legal compliance

You represent and warrant that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties.

13. Third-party terms

You must comply with any applicable third-party terms when using the App, including Apple's terms for iOS, TestFlight and the App Store, and the terms of any service you export recordings to.

14. Third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple has the right, and is deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.

15. Termination

This EULA is effective until terminated. It terminates automatically if you breach it. On termination you must stop using and delete the App. Sections 3 through 6 and 8 through 17 survive.

16. Governing law

This EULA is governed by the laws of the State of Washington, United States, without regard to conflict-of-laws rules, and disputes will be heard exclusively in the state and federal courts located in Pierce County, Washington, except that we may seek injunctive relief in any court of competent jurisdiction. If you are a consumer in a jurisdiction whose law gives you rights that cannot be waived by contract, those rights are unaffected.

17. Developer contact

Wildmann Design Studio · support@riff-locker.com · riff-locker.com. Questions, complaints and claims about the App go to this address.