1. Introduction and Acceptance

Welcome to Drumly. These Terms of Use ("Terms") govern your access to and use of the Drumly application, website, and services (collectively, the "Service").

By accessing or using Drumly, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Please note that Drumly is currently in a testing stage. As development progresses, features, functionality, and these Terms may change.

2. Definitions

• "Drumly," "we," "us," and "our" refer to the Drumly service and its operators.
• "User," "you," and "your" refer to individuals who access or use Drumly.
• "Content" refers to drum snippets, patterns, feedback, and any other material posted, uploaded, or otherwise made available through Drumly.
• "User Content" refers to drum snippets, patterns, and other content created by users.

3. Eligibility

You must be at least 13 years of age to use Drumly. By using Drumly, you represent and warrant that:

• You are at least 13 years old.
• You have the legal capacity to enter into these Terms.
• You will use Drumly in accordance with these Terms.
• You are not prohibited from using Drumly under applicable laws.

If you are using Drumly on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

To access certain features of Drumly, you may need to register for an account. When registering, you must provide accurate and complete information and keep this information updated.

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account or other security breaches.

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

5. Service Description

Drumly is a platform that allows users to create drum snippets, play along, get real-time feedback, and share with other users. The Service is currently in a testing stage and may undergo significant changes as development progresses.

We may introduce different tiers of service in the future, which may include premium features. Any such changes will be communicated to users, and these Terms will be updated accordingly.

6. Acceptable Use

When using Drumly, you agree not to:

• Use the Service in any way that violates any applicable laws or regulations.
• Impersonate another person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
• Use any robot, spider, or other automated means to access, scrape, or collect data from the Service.
• Manually scrape, collect, or extract data from the Service for any purpose outside of the intended use of the application.
• Introduce viruses, trojans, worms, logic bombs, or other harmful material to the Service.
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Take any action that imposes an unreasonable load on our infrastructure.
• Engage in any harassing, intimidating, predatory, or stalking conduct.

7. Prohibition of Data Scraping

You expressly agree not to scrape, extract, download, or otherwise collect data from the Drumly Service through any automated or manual means, except as may be explicitly permitted through official Drumly features. This includes but is not limited to:

• Using bots, crawlers, or scripts to gather information
• Manually copying substantial portions of content or data
• Creating derivative databases from Drumly content
• Using browser extensions or software designed to extract information

Any such activities are strictly prohibited and may result in the termination of your account and potential legal action.

8. User Content

Drumly allows users to create and share drum snippets and other content. With respect to any content you submit or share through Drumly:

• Ownership: You retain ownership rights to your content.
• License to Drumly: You grant Drumly a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Service.
• Representations: You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe on any third-party rights.
• Sharing: You are permitted to share your creations with other users through the Service. However, monetization of your creations through the Service is not currently permitted.

We do not claim ownership of your content, but we need certain rights to provide and improve the Service.

Drumly reserves the right, but not the obligation, to monitor, edit, or remove any content that violates these Terms or that is otherwise objectionable.

9. Intellectual Property Rights

The Drumly Service, including but not limited to its software, features, graphics, design, and content (excluding user content), is owned by Drumly and is protected by copyright, trademark, patent, and other intellectual property laws.

You may not:

• Modify, adapt, or hack the Service or modify another website to falsely imply association with Drumly.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from Drumly.
• Use Drumly trademarks, logos, or branding without our prior written consent.
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Service.

10. Service Modification and Termination

We may, at our sole discretion and without liability:

• Modify, suspend, or discontinue any part of the Service, temporarily or permanently.
• Introduce new features, functionality, or service tiers.
• Impose limits on certain features or restrict access to parts or all of the Service.
• Terminate or suspend your access to the Service immediately for violations of these Terms or for any other reason.

We will make reasonable efforts to notify users of significant changes to the Service.

11. Disclaimers and Limitations of Liability

THE DRUMLY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DRUMLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DRUMLY DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• ANY DEFECTS OR ERRORS WILL BE CORRECTED
• THE CONTENT PROVIDED IS ACCURATE, RELIABLE, OR COMPLETE
• THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

IN NO EVENT SHALL DRUMLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Drumly and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Drumly operates, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If such negotiation fails, any controversy or claim will be submitted to the appropriate courts in the jurisdiction where Drumly operates.

14. Testing Stage Notice

You acknowledge that Drumly is currently in a testing stage. During this phase:

• Features and functionality may change without notice
• The Service may experience downtime or performance issues
• User data may be reset or modified as needed for testing purposes
• These Terms may be updated to reflect new features or policies

We appreciate your participation in this testing stage and welcome your feedback to improve the Service.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Drumly regarding the Service.
• Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms without Drumly's prior written consent, but Drumly may assign these Terms without restriction.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

17. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: support@drumly.app