Please read these Terms of Service and End User License Agreement ("Agreement") carefully before using the HarmonicAlly™ application (the "App"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App.
/ 01License Grant
Lee Oskar Enterprises, Inc. ("Licensor," "we," or "us") grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any compatible device that you own or control, subject to the terms of this Agreement and any applicable app store terms.
/ 02The App is Free
The App is provided to you free of charge. There are no in-app purchases, subscriptions, or premium features. We make no commitment to keep the App free in future versions, and we reserve the right to modify the pricing model with reasonable advance notice through an App update or this Agreement.
/ 03Restrictions
You agree not to:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse-engineer, decompile, or disassemble the App
- Remove, alter, or obscure any proprietary notices, labels, or trademarks within the App
- Use the App for any unlawful purpose
- Attempt to extract the source code of the App
- Use the App's content (including tuning data, diagrams, and educational text) for commercial redistribution
/ 04Intellectual Property
4a. Ownership and License Structure
Lee Oskar (the individual) owns the intellectual property associated with the Lee Oskar brand and the App, including the trademarks listed below and the underlying creative and software works. Lee Oskar Enterprises, Inc. operates the App and grants the end-user license described in this Agreement pursuant to an exclusive license from Lee Oskar.
4b. Trademarks
"Lee Oskar," "Lee Oskar Harmonicas," "Lee Oskar Major Diatonic," "Lee Oskar Melody Maker," "Lee Oskar Natural Minor," "Lee Oskar Harmonic Minor," "HarmonicAlly," "HarmoniFinder," and "QuickGuide" are trademarks owned by Lee Oskar and used by Lee Oskar Enterprises, Inc. under exclusive license. "Lee Oskar Enterprises, Inc." is the registered name of the licensee corporation. These marks may not be used without express written permission of the trademark owner.
4c. Third-Party Attributions
The App includes custom tuning data adapted from research by Pat Missin (Altered States), used with attribution and permission. All such third-party content is credited within the App.
4d. App Content
All harmonica diagrams, scale visualizations, instructional content, and software code are owned by Lee Oskar and used by Lee Oskar Enterprises, Inc. under exclusive license. They are protected by copyright law and international treaties.
/ 05Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED. THE APP IS A REFERENCE AND PERFORMANCE TOOL, NOT A SUBSTITUTE FOR MUSICAL INSTRUCTION OR PROFESSIONAL ADVICE. ANY MUSICAL OR INSTRUMENTAL DECISIONS MADE WHILE USING THE APP ARE THE SOLE RESPONSIBILITY OF THE USER.
/ 06Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEE OSKAR ENTERPRISES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.
/ 07Apple-Specific Terms (iOS)
If you obtained the App through the Apple App Store, you acknowledge:
- This Agreement is between you and Lee Oskar Enterprises, Inc. only, not with Apple.
- Apple is not responsible for the App or its content.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
- Lee Oskar Enterprises, Inc. is solely responsible for addressing any claims relating to the App, including but not limited to product liability claims, claims that the App fails to conform to legal requirements, and claims under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your use of the App infringes that third party's intellectual property rights, Lee Oskar Enterprises, Inc. (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, 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.
/ 08Google Play-Specific Terms (Android)
If you obtained the App through the Google Play Store, your use is also subject to the Google Play Terms of Service. You acknowledge that Lee Oskar Enterprises, Inc. (and not Google) is responsible for the App, its content, and any claims arising from its use.
/ 09Privacy
Your use of the App is also governed by our Privacy Policy, available at harmonically.app/privacy and incorporated by reference into this Agreement.
/ 10Termination
We reserve the right to terminate this Agreement and your access to the App at any time, for any reason. Upon termination, you must cease all use of the App and delete it from your devices. Sections 4, 5, 6, 11, 12, and 13 survive termination.
/ 11Governing Law
This Agreement is governed by the laws of the State of Washington, United States of America, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement or the App shall be resolved in the state or federal courts located in Seattle, Washington, and you consent to the personal jurisdiction of those courts.
/ 12International Use
The App is available globally. By using the App outside the United States, you acknowledge that:
- You are responsible for complying with local laws in your jurisdiction.
- The App and its content originate from the United States and are subject to U.S. export control laws. You may not use the App in any manner prohibited by those laws, and you may not access the App from any country subject to U.S. trade sanctions.
- The governing law and venue provisions in Section 11 apply regardless of your location.
- Some features or content may not be appropriate or available in all regions.
Non-waivable local rights
Nothing in this Agreement is intended to limit any non-waivable rights you have under applicable local consumer protection law, including but not limited to mandatory rights under the law of the European Union, the United Kingdom, the Republic of Korea, Japan, Australia, Canada, or any other jurisdiction where such rights cannot be waived by contract.
EU and UK Consumers
If you are a consumer resident in the European Union or the United Kingdom, you may have the right to bring proceedings in the courts of the country where you reside, and you may benefit from mandatory protections under the law of that country. The choice of Washington law in Section 11 does not deprive you of those mandatory protections.
Korean Consumers
If you are a consumer resident in the Republic of Korea, mandatory provisions of Korean consumer protection law and the Personal Information Protection Act (PIPA) apply notwithstanding the governing law clause in Section 11.
/ 13Changes to These Terms
We may modify this Agreement at any time. Material changes will be communicated through an updated "Last Updated" date and, where appropriate, an in-app notice. Continued use of the App after changes constitutes acceptance of the updated Agreement.
/ 14Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
/ 15Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Lee Oskar Enterprises, Inc. concerning the App and supersedes all prior agreements relating to the same subject matter.