SMART METRONOME

TERMS OF USE

Last Updated: April 23, 2026

1. INTRODUCTION

These Terms of Use ("Terms") govern your access to and use of the Smart Metronome mobile application and related services (collectively, the "App" or "Services"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.

These Terms should be read together with the Smart Metronome Privacy Policy, which explains how data is collected, used, disclosed, and retained in connection with the App.

2. DEFINITIONS

• "User" or "you" means any person who accesses or uses the App.
• "Services" means the features provided by the App, including the metronome, tempo control, time signatures, subdivisions, tempo trainer, and built-in mini-games.
• "Mini-Games" means the simple, built-in games integrated into the App for entertainment and practice-related purposes.
• "Third-Party Services" means external providers used to operate the App, such as Mixpanel, Firebase Analytics, Google Analytics, Firebase Crashlytics, app stores, and payment platforms.

3. ELIGIBILITY

You must be at least 13 years old to use the App. If you are between 13 and 17 years old, you may use the App only with the consent and supervision of a parent or legal guardian. By using the App, you represent and warrant that you meet these eligibility requirements.

4. ACCESS, SECURITY, AND DEVICE REQUIREMENTS

You are responsible for maintaining the security of your device and for all activity occurring through your use of the App. Some features may require internet access in order to deliver analytics, crash diagnostics, and in-app purchase receipts. The core metronome functionality operates locally on your device and generates metronome sounds without requiring you to submit or upload any audio content.

5. CORE FUNCTIONALITY AND USE OF THE APP

Smart Metronome is designed to provide metronome and practice-support features that operate locally on your device. The App does not require you to provide audio files, recordings, uploads, or other personal content in order to function. To use the metronome, you simply start and stop playback and configure tempo, time signature, and subdivision settings.

The App also includes Mini-Games that can be played directly within the App. These Mini-Games are provided for entertainment and general practice-related engagement, and their use is subject to these Terms. We may add, remove, or modify Mini-Games at any time at our sole discretion.

6. USER RESPONSIBILITIES AND ACCEPTABLE USE

You agree that:

• you will use the App only for lawful purposes and in accordance with these Terms;
• you will not attempt to interfere with, disrupt, or compromise the operation, security, or integrity of the App;
• you will not misuse the App, attempt to bypass technical protections, or reverse engineer restricted portions of the App except where prohibited by law;
• you will not use the App in any way that could damage, disable, or impair the Services or the experience of other users;
• you will not use automated means (such as bots or scripts) to interact with the App in a manner that is not intended by its design, including in relation to Mini-Games.

7. THIRD-PARTY SERVICES AND ANALYTICS

We use trusted third-party service providers to operate the App and improve reliability. These providers may process limited categories of technical and analytics data necessary for their functions.

• Mixpanel: product analytics and event tracking used to understand how features of the App are used and to guide product improvement.
• Firebase Analytics and Google Analytics: app interaction events, usage insights, diagnostics, performance metrics, device and operating system information, language settings, advertising identifiers where available, and app or user identifiers used for product improvement.
• Firebase Crashlytics: crash reporting, error diagnostics, and stability monitoring.
• Apple App Store and Google Play Store: secure processing of in-app purchases.

Smart Metronome does not sell, rent, or trade your data to third parties.

Because these providers may operate in different jurisdictions, technical data, analytics events, and diagnostics may be processed or transferred internationally as needed to provide the App, subject to applicable safeguards and the Smart Metronome Privacy Policy.

8. FEES, SUBSCRIPTIONS, AND REFUNDS

Certain features may require payment or subscription. Pricing, billing cycles, and feature access will be presented at the point of purchase. Payments are processed through the Apple App Store or Google Play Store, as applicable. Refunds, cancellations, and renewals are subject to the rules of the applicable platform and any mandatory consumer protection laws.

9. DATA HANDLING AND RETENTION

Because the core functionality of Smart Metronome does not involve submission of audio or personal content, no such data is stored in our systems.

Technical, analytics, and diagnostic data collected through third-party providers (such as Mixpanel, Firebase Analytics, Google Analytics, and Firebase Crashlytics) may be retained by those providers in accordance with their own retention practices and policies.

10. PRIVACY AND YOUR DATA RIGHTS

Your use of the App is also governed by the Smart Metronome Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains what information is collected, how it is used, the third-party services involved, and how long data is retained.

If you are located in a jurisdiction that provides data protection rights, including the European Economic Area, you may have rights such as the right to be informed, access data, request correction, request deletion where applicable, restrict processing, object to certain processing, and request data portability. To make a privacy-related request, contact us at support@stellup.co.

11. INTELLECTUAL PROPERTY

All rights, title, and interest in and to the App, including its software, design, branding, text, graphics, Mini-Games, sounds, and underlying technology, are owned by Smart Metronome or its licensors. You may not copy, modify, distribute, sell, lease, sublicense, or exploit any part of the App except as expressly permitted by law or by our prior written consent.

12. SERVICE AVAILABILITY AND CHANGES

We may modify, suspend, or discontinue any part of the App at any time for operational, legal, security, or business reasons. We may also add, remove, or change features, including subscription offerings, Mini-Games, or metronome capabilities.

13. SUSPENSION AND TERMINATION

We may suspend or terminate your access to the App if you violate these Terms, misuse the App, create risk for other users or service providers, or where required by law. Upon termination, provisions that by their nature should survive will remain in effect, including provisions relating to intellectual property, liability limitations, indemnity, dispute resolution, and any limited rights necessary to comply with legal obligations.

14. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY SECURE.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART METRONOME AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO USE THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Smart Metronome, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees arising out of or related to your use of the App, your violation of these Terms, or your violation of any law or third-party right.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Turkey, excluding conflict of laws principles. Unless mandatory law requires otherwise, the courts of Istanbul, Turkey shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the App.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time for legal, operational, or product-related reasons. The updated version will be posted in the App, on our website, or both, together with a revised "Last Updated" date. Continued use of the App after the revised Terms become effective constitutes your acceptance of the updated Terms.

19. CONTACT US

If you have questions about these Terms, our data practices, or your use of the App, please contact us at:

Email: support@stellup.co