Terms of Use

1. This agreement

These Terms of Use ("Terms") are a binding agreement between you and Tony Jin, an individual based in Texas, United States, doing business as Tutti ("Tutti", "we", "us"), covering the Tutti mobile application, the website at tuttipracticeapp.com, and everything we offer through them (together, the "Service").

By downloading, installing, or using Tutti, you agree to these Terms. If you don't agree, don't use the Service. Our Privacy Policy is part of this agreement and is incorporated by reference.

2. Who can use Tutti

• You must be at least 13 years old. Tutti is not offered to children under 13, and if we learn that an account belongs to someone under 13 we will close it and delete the data.
• If you are between 13 and 18 (or the age of majority where you live), you may use Tutti only with the involvement and consent of a parent or legal guardian, who agrees to these Terms with you and is responsible for your use of the Service.
• You must not be barred from using the Service under the laws of the United States or your country of residence, and you must not be on any government list of prohibited or restricted parties.
• If you're agreeing on behalf of a school, studio or organisation, you represent that you have authority to bind it.

3. Your account

You can use most of Tutti without an account. If you create one — by email, Sign in with Apple, or Google — then:

• Give accurate information and keep it current.
• Keep your credentials to yourself. You're responsible for everything that happens under your account.
• Tell us promptly at tuttipracticeapp@gmail.com if you suspect unauthorised access.
• One person, one account. Don't impersonate anyone or use someone else's account.
• We may reclaim a username that is inactive, infringes a trademark, or is chosen to impersonate or offend.

4. Acceptable use

Don't do any of the following:

• Break the law, or use Tutti to harass, threaten, bully, defame, or discriminate against anyone.
• Upload or post content that is obscene, hateful, sexually explicit, violent, or that you don't have the right to share — including in your display name, username, bio, or profile photo.
• Falsify practice data — automate, script, or otherwise fabricate sessions, streaks, ranks, notes or battle results, or manipulate the leaderboard. Inflating a number that's meant to measure your own practice is cheating everyone, including you.
• Reverse engineer, decompile, or disassemble the app, except where that restriction is unenforceable under applicable law.
• Access the Service by any automated means, scrape it, or interfere with its normal operation — including attempting to defeat rate limits, security controls, or row-level access rules.
• Probe or test the vulnerability of our systems, or access data that isn't yours. (If you find a security issue, please tell us — see §22.)
• Resell, sublicense, or commercially redistribute the Service without our written permission.
• Use Tutti to send spam, chain messages, or unsolicited promotion via nudges or invites.

We may investigate suspected violations, and may remove content, suspend features, or close an account for a serious or repeated breach. Where it's reasonable to do so, we'll warn you first.

5. Licence to use Tutti

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the Tutti app on devices you own or control, for your own non-commercial use. Music teachers and studios may use Tutti in their teaching practice; contact us before deploying it across an institution.

That's a licence, not a sale. We reserve all rights not expressly granted.

6. Your content

"Your Content" means everything you put into Tutti: session logs, repertoire entries, piece and composer names, your display name, username, bio and profile photo.

• You own it. These Terms don't transfer ownership to us.
• You grant us a licence — worldwide, non-exclusive, royalty-free — to host, store, reproduce, and display Your Content solely to operate and provide the Service to you and, for the parts you've chosen to make visible, to other users. The licence exists so the app can show you your own data on your own screen; it ends when you delete the content or your account, subject to the retention periods in the Privacy Policy.
• You're responsible for it. You represent that you have the rights to everything you upload and that it doesn't infringe anyone else's rights or break any law.
• We don't pre-screen content, but we may remove anything that violates these Terms.

If you send us feedback, ideas or feature suggestions, we may use them freely without obligation or compensation to you. Don't send us anything you want to keep confidential.

7. Social features, ranks and battles

• Friends, nudges, leaderboards and practice battles are optional. The global leaderboard is off until you turn it on.
• Ranks, tiers, streaks and consistency scores are a game layer over your own logged data. They are not a credential, a qualification, or an assessment of your musical ability, and we make no promise that any of them will keep working, keep their current formula, or carry over between versions.
• Notes and other in-app items have no monetary value. They are a licence to use a feature within Tutti, not property or currency. They cannot be redeemed for cash, transferred outside the app, or sold. We may adjust, expire or remove them, and any unused balance is forfeited when your account closes. Battle stakes are wagered in notes only — Tutti involves no real-money gambling of any kind.
• We may reset streaks, ranks, notes or leaderboard positions where we detect manipulation, fabricated data, or a bug that produced an incorrect result.
• You interact with other users at your own risk. We don't vet users and aren't responsible for their conduct. Report anyone behaving badly to tuttipracticeapp@gmail.com.

8. Subscriptions and purchases

Tutti is free to download and its core features are free to use. We may offer an optional paid tier ("Tutti Pro"). If and when we do:

• Billing runs through the platform. Purchases are processed by Apple (App Store) or Google (Google Play) under their terms, not by us. We never receive your payment card details.
• Subscriptions auto-renew. Unless you cancel at least 24 hours before the end of the current period, the subscription renews automatically and your account is charged the then-current price. Prices, periods and any free trial are disclosed at the point of purchase before you confirm.
• Cancel through the platform — in your Apple ID subscription settings or your Google Play subscriptions, not by deleting the app. Cancelling stops the next renewal; you keep Pro until the current period ends.
• Refunds are handled by the platform under Apple's or Google's refund policies. We can't issue refunds for platform purchases directly. Where consumer law in your country gives you a right to withdraw or a refund, that right applies and is not affected by this paragraph.
• Price changes take effect only after notice, and only from the next renewal. You can cancel before then.
• We won't take away a feature you already rely on for free and put it behind Pro. New paid features may be added.

9. Changes to the Service

Tutti is under active development. We may add, change, or remove features, and we may suspend or discontinue the Service (or any part of it) at any time. If we plan to shut the Service down entirely, we'll give reasonable advance notice and a way to export your data. We aren't liable to you for modifying or discontinuing free features.

10. Tuner, drone and metronome

The tuner, drone and metronome are practice aids provided as-is. Pitch detection depends on your device's microphone, background noise, and your instrument — accuracy is not guaranteed, and Tutti is not a calibrated instrument for professional tuning, instrument setup, repair, or any measurement you'd rely on commercially. Don't use it as the sole basis for adjusting an instrument you care about.

11. Our intellectual property

The Tutti name, logo, wordmark, app design, artwork, rank badges, text, and software are owned by us or our licensors and protected by copyright, trademark and other laws. You may not copy, modify, distribute, sell or lease any part of the Service, or use our trademarks, without our prior written permission.

Composer names, work titles and similar musical references you enter are used to describe repertoire and remain the property of their respective owners. Tutti is not affiliated with, endorsed by, or sponsored by any publisher, conservatoire, examination board or instrument maker.

If you believe something in Tutti infringes your copyright, send a notice with the details required by the DMCA to tuttipracticeapp@gmail.com. We terminate repeat infringers.

12. Third-party services

Tutti relies on services we don't control — Apple, Google, and our hosting and push notification providers — and may link to third-party sites. Your use of those is governed by their terms, and we're not responsible for them or for anything you get from them. An outage at a provider can take Tutti down with it.

13. Suspension and termination

• You may stop using Tutti at any time and delete your account — see deleting your account.
• We may suspend or terminate your access, with notice where reasonably possible, if you materially breach these Terms, if your use exposes us or other users to legal risk or harm, or if we're required to by law. For serious violations — harassment, fraud, security attacks — we may act immediately and without notice.
• On termination your licence ends. Sections 6 (your representations), 11, 14, 15, 16, 17, 18 and 23 survive.
• If we terminate your account without cause, and you've paid for an unexpired subscription period, you may request a pro-rata refund through the platform that billed you.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We specifically do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free;
• Your data will never be lost — Tutti is not a backup service;
• Pitch detection, streak calculations, statistics or ranks will be accurate;
• Using Tutti will improve your playing. That part is still down to practising.

Keep your own record of anything you can't afford to lose.

Some jurisdictions don't allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing here limits rights you have under mandatory consumer protection law.

15. Limitation of liability

To the fullest extent permitted by law, neither we nor anyone working with us will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, loss of goodwill, or the cost of substitute services, arising out of or relating to your use of (or inability to use) the Service — even if we've been advised such damages are possible.

Our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the claim arose, or (b) fifty US dollars (US$50).

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless Tutti and its operator from any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, your breach of these Terms, or your violation of any law or third-party right. We'll notify you of any such claim and you may control the defence, provided any settlement that affects us needs our written consent.

17. Governing law

These Terms and any dispute arising from them are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

If you're a consumer resident in the EEA, the UK, or another jurisdiction whose law gives you the protection of mandatory local rules, this choice of law does not deprive you of those protections or of the right to bring proceedings in your local courts.

18. Resolving disputes

Talk to us first. If you have a problem, email tuttipracticeapp@gmail.com with a description of the issue and what you'd like done about it. Most things are fixable in a couple of messages. Both sides agree to try in good faith to resolve a dispute informally for 30 days before starting formal proceedings.

If that fails, you and we agree that any dispute will be brought exclusively in the state or federal courts located in Texas, and each side consents to personal jurisdiction there — subject always to the consumer protections in §17.

Small claims are exempt. Either of us may bring an individual claim in a small claims court with jurisdiction.

To the extent permitted by law, any claim must be brought within one year of when it arose, and each side may bring claims only in an individual capacity, not as a plaintiff or class member in a class or representative action.

19. Apple App Store — additional terms

These terms apply if you downloaded Tutti from the Apple App Store, and Apple requires them:

1. This agreement is between you and us only, not with Apple. We, not Apple, are solely responsible for Tutti and its content.
2. Your licence to use Tutti is limited to a non-transferable licence to use it on any Apple-branded product you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to provide maintenance or support for Tutti.
4. If Tutti fails 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 law, Apple has no other warranty obligation whatsoever with respect to Tutti.
5. We, not Apple, are responsible for addressing any claim by you or a third party relating to Tutti — including product liability, failure to conform to a legal requirement, and claims under consumer protection or privacy law.
6. We, not Apple, are solely responsible for investigating, defending, settling and discharging any third-party claim that Tutti infringes intellectual property rights.
7. You represent that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and are not on any US government list of prohibited or restricted parties.
8. You must comply with any applicable third-party terms when using Tutti.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce them against you.
10. Contact for questions, complaints or claims: tuttipracticeapp@gmail.com.

20. Google Play — additional terms

If you downloaded Tutti from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this agreement and is not responsible for Tutti. Purchases and refunds made through Google Play are governed by Google's payment and refund policies.

21. Changes to these Terms

We may update these Terms. When we do, we'll change the "Last updated" date, and for material changes we'll give notice in the app or by email at least 14 days before they take effect. Continuing to use Tutti after that means you accept the new Terms. If you don't accept them, stop using the Service and delete your account.

22. Reporting security issues

If you find a vulnerability, email tuttipracticeapp@gmail.com with enough detail to reproduce it, and give us reasonable time to fix it before disclosing it publicly. Don't access, modify or delete other people's data while testing. We won't pursue legal action against good-faith research that follows those rules.

23. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and replace any earlier understanding.
• Severability. If a provision is unenforceable, it's modified to the minimum extent necessary — or severed — and the rest stays in force.
• No waiver. Not enforcing a right straight away doesn't waive it.
• Assignment. You can't assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither side is liable for delays caused by events beyond reasonable control.
• No agency. These Terms create no partnership, employment or agency relationship.
• Notices. We may notify you in the app or at your account email. Formal notices to us go to tuttipracticeapp@gmail.com.
• Language. These Terms are drafted in English; the English version controls.

24. Contact

tuttipracticeapp@gmail.com

Tutti · Tony Jin · Texas, United States
Postal address available on request for formal legal notices.