Terms of Service

1. Acceptance of Terms

Welcome to PitchStar. These Terms of Service (“Terms”) constitute a legally binding agreement between you and Still Mind Music LLC (“we,” “us,” or “our”) governing your access to and use of the PitchStar mobile application (the “App”) and our website at https://pitchstar.app (the “Website”), collectively referred to as the “Service.”

By creating an account, downloading the App, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Service.

If you are a parent or guardian agreeing to these Terms on behalf of a child under 13, you accept these Terms on the child’s behalf and are responsible for their use of the Service.

2. Eligibility

PitchStar is designed for users of all ages, including children under 13. However, the following conditions apply:

• Users 13 years of age or older may create an account and use the Service independently.
• Users under 13 years of age require verifiable parental consent before creating an account or using features that collect personal information. See our Privacy Policy for details on our parental consent process.

By using the Service, you represent and warrant that you meet the applicable eligibility requirements or have obtained the required parental consent.

3. Account Registration and Security

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately at info@stillmindmusic.com if you suspect any unauthorized access to or use of your account

You may choose a display name for your account. Display names must not impersonate others, contain offensive or inappropriate language, or violate any third party’s rights. We reserve the right to require you to change your display name or to change it on your behalf if it violates these Terms.

You may delete your account at any time through the App’s settings. Upon deletion, your personal information will be removed in accordance with our Privacy Policy.

4. Subscription and Payment Terms

4.1 Free and Premium Content

PitchStar offers both free and premium content. The free tier provides access to a limited selection of lessons and features. A paid subscription unlocks access to the full curriculum and all premium features.

4.2 Subscription Terms

Premium subscriptions are billed on a monthly basis. By purchasing a subscription, you authorize us to charge the payment method associated with your Apple App Store or Google Play Store account on a recurring monthly basis until you cancel.

Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period. You can manage your subscription and turn off auto-renewal at any time through your device’s App Store or Play Store account settings.

4.3 Payment Processing

All payments are processed through the Apple App Store or Google Play Store. We do not directly collect, store, or process your payment information. Your purchase is subject to the payment terms and conditions of the respective app store.

4.4 Refunds

Because all purchases are processed through the Apple App Store or Google Play Store, refund requests must be submitted directly to Apple or Google in accordance with their respective refund policies. We do not have the ability to process refunds directly. For assistance, please visit Apple’s or Google’s support pages for instructions on requesting a refund.

4.5 Price Changes

We reserve the right to change subscription pricing at any time. If we change the price of a subscription, we will provide notice of the change through the App or via email. Price changes will take effect at the start of the next billing period following the date of the price change. Your continued use of the premium Service after a price change constitutes your agreement to pay the new price.

4.6 Suspension and Subscriptions

If your account is suspended for a violation of these Terms or our Community Guidelines, your subscription will continue in accordance with its existing billing cycle. We are not obligated to provide refunds, credits, or billing deferrals for any period during which your access to the Service is suspended. If you believe a suspension was issued in error, you may contact us at info@stillmindmusic.com.

5. Acceptable Use and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Use the Service for the benefit of any third party or in any manner not permitted by these Terms
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the servers on which the Service is hosted, or any server, computer, or database connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose, including monitoring or copying any of the material on the Service
• Scrape, data-mine, or extract data from the Service through automated or manual means
• Use any content from the Service to train, develop, or improve any artificial intelligence, machine learning model, algorithm, or similar technology, whether for commercial or non-commercial purposes
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part thereof
• Modify, adapt, translate, or create derivative works based on the Service or any part thereof
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Service
• Interfere with or circumvent any security features of the Service, including any features that prevent or restrict use or copying of content
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Use any username or display name that is offensive, vulgar, obscene, or violates the rights of any third party
• Harass, bully, or intimidate other users through any social features
• Use social features to spam or send unsolicited communications
• Abuse the reporting system by submitting false or frivolous reports
• Create multiple accounts to circumvent blocks or enforcement actions

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

6. Intellectual Property Rights

6.1 Our Content

The Service and its entire contents, features, and functionality — including but not limited to all curriculum, lessons, exercises, text, graphics, logos, icons, images, audio clips, user interface design, and software — are owned by Still Mind Music LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes, subject to these Terms. This license does not include the right to sublicense, sell, resell, copy, reproduce, distribute, or commercially exploit any content from the Service.

6.2 Trademarks

The PitchStar name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Still Mind Music LLC. You may not use such marks without our prior written permission.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such feedback for any purpose without any obligation or compensation to you.

7. User Content and Social Features

7.1 Display Names and Avatars

The Service allows you to select a display name and choose an avatar from our provided selection. You are solely responsible for ensuring that your display name does not:

• Contain profanity, slurs, or vulgar language
• Reference drugs, alcohol, violence, or sexually explicit content
• Contain personally identifiable information such as your real full name, phone number, school, or address
• Impersonate another person, brand, or entity
• Violate any applicable law or third party’s rights

All display names are checked against an automated profanity filter. We reserve the right to reset any display name that violates these Terms or our Community Guidelines at any time without prior notice. If your display name is reset, you will be prompted to choose a new one.

7.2 Social Features

The Service includes social features that allow you to:

• Follow other users by entering their friend code
• View an activity feed showing achievements earned by users you follow
• React to achievements with a pre-selected set of emoji reactions
• View a notification feed showing reactions to your achievements and new followers
• Block and report other users

Social features are based on a one-way follow model. Following another user does not require their approval. You can unfollow or block any user at any time.

7.3 Blocking and Reporting

You may block any user from their profile. Blocking removes all follow relationships between you and the blocked user in both directions and hides each user’s content from the other. Unblocking a user does not restore previously removed follow relationships.

You may report any user from their profile. Reporting a user also blocks them. Reports are reviewed by our team. We do not notify you of the outcome of your report.

7.4 Community Guidelines

Your use of social features is subject to our Community Guidelines, which are incorporated into these Terms by reference. By using social features, you agree to abide by the Community Guidelines. Violation of the Community Guidelines may result in enforcement actions as described in the Community Guidelines.

8. Microphone Access

PitchStar requires access to your device’s microphone to evaluate pitch and rhythm during exercises. As described in our Privacy Policy, all audio processing occurs locally on your device in real time. We do not record, store, or transmit any audio data. Microphone access is used solely to provide the core functionality of the Service.

You may revoke microphone access at any time through your device settings, but doing so will prevent you from using the pitch and rhythm detection features of the App.

9. Third-Party Services

The Service integrates with third-party services including the Apple App Store, Google Play Store, and our backend service providers. Your use of the Service may be subject to additional terms and conditions imposed by these third parties. We are not responsible for the practices of any third-party services, and your interactions with them are governed by their respective terms and privacy policies.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STILL MIND MUSIC LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

PITCHSTAR IS AN EDUCATIONAL TOOL AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MUSIC INSTRUCTION. YOUR USE OF THE SERVICE AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STILL MIND MUSIC LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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 ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Still Mind Music LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your use of the Service caused damage to a third party.

13. Termination

Violations of these Terms or our Community Guidelines are subject to a graduated enforcement process as described in the Community Guidelines, which may include display name resets, temporary social feature restrictions, temporary account suspensions, and permanent account termination.

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms or for severe violations of our Community Guidelines.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by deleting your account through the App’s settings.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by updating the “Last Updated” date at the top of these Terms and, where appropriate, providing notice through the App or via email.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

We encourage you to review these Terms periodically to stay informed of any updates.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Service.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

16.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.5 Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Service or, where we have your email address, by email to the address associated with your account. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You may contact us at info@stillmindmusic.com.