Terms of Use
Live BPM (“the App”) is developed and published by Kostiantyn Pogorielov (“we,” “us,” or “our”). By downloading, installing or using the App, you agree to these Terms of Use. If you do not agree with them, do not use the App.
How we handle data is described separately in our Privacy Policy, which forms part of these terms.
1. What the App does
Live BPM is a set of tempo tools for musicians and DJs. The Counter measures tempo by tapping or by listening through the microphone; the Full Kit plan adds Track ID (song recognition), Monitor (live tempo tracking), Match (beatmatching), and a session library with collections and cloud sync.
Tempo measurement and song recognition depend on what the App can hear. Results vary with the source, the room and the material, and we do not warrant that any reading or match is correct. Do not rely on the App where an incorrect result would cause harm or loss.
2. Licence and acceptable use
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, in line with the rules of the store you installed it from.
You agree not to:
- use the App for any unlawful purpose;
- modify, reverse engineer, decompile or attempt to extract the source code of the App, except where that restriction is prohibited by law;
- interfere with the operation or security of the App or its backend services;
- use the App to infringe anyone’s rights, including copyright in recordings you process.
3. Your account
An account is optional. The App works without one; signing in with Google, Apple or email exists so your saved work can sync across your devices and be restored after a reinstall.
You are responsible for keeping access to your sign-in method secure. You can delete your account and the data attached to it at any time from Account → Delete account in the App. Deleting your account does not cancel a subscription — see section 7.
4. Your content
Sessions, detections, identified tracks, collections and names you create in the App remain yours. If you sign in and sync, you grant us the limited right to store and transmit that content for the sole purpose of providing the sync and library features to you. We do not use it for anything else and we do not publish it.
5. Plans
- Free — the Counter, supported by ads, with a short cooldown between microphone detections.
- Counter+ — a one-time purchase. It unlocks the Counter in full: no ads, no cooldown between microphone detections, detection that runs until you stop it, typing a tempo instead of tapping it, BPM shown to one decimal place, the screen kept awake, and the option to hide the reading until it settles. It does not unlock the additional tools.
- Full Kit — a subscription. It includes everything Counter+ unlocks, and adds Track ID, Monitor, Match, the session library, collections and cloud sync.
What each plan includes is shown in the App before you buy. We may add features to a plan over time; we will not remove from a plan you already own the features it was sold with.
6. Prices, payment and trials
Prices are set per country and are shown by the App Store or Google Play at the moment of purchase, in your local currency and including any applicable taxes. Payment is charged to your Apple ID or Google Play account. We never receive or store your payment card details.
If a free trial is offered with a subscription, its length is shown before you confirm. Unless you cancel before the trial ends, it converts into a paid subscription period and your account is charged. Any unused part of a trial is forfeited if you buy the subscription earlier.
Subscriptions renew automatically at the end of each period unless you cancel before it ends, and renewal is charged at the price then shown for your country. Each store sets its own cut-off: on the App Store a subscription must be cancelled at least 24 hours before the period ends, and renewal is charged within the 24 hours before it begins; on Google Play a subscription must likewise be cancelled at least 24 hours before the period ends. Cancelling stops the next renewal and leaves the period you already paid for running to its end.
7. Managing, cancelling and restoring purchases
Manage or cancel a subscription in your store account — App Store subscription settings on iOS, or Google Play subscription settings on Android. Uninstalling the App does not cancel a subscription, and neither does deleting your Live BPM account.
A one-time purchase stays attached to the store account that bought it. If you reinstall or switch devices, use Account → Restore purchases.
8. Refunds
Purchases are made through Apple or Google, so refunds follow their policies: request one through the App Store or Google Play. Where consumer law gives you a right of withdrawal or a statutory refund right, that right applies regardless of this section.
9. Changes to plans and prices
We may change what we offer, including introducing new plans or retiring old ones. Changes do not remove a one-time purchase you already made. If the price of an existing subscription changes, Apple or Google will notify you and, where their rules require it, ask for your consent before the new price is charged; you can always cancel instead.
10. Third-party services
The App relies on services provided by others: song recognition uses Apple’s ShazamKit, advertising on the free tier is served by Google, purchases run through Apple and Google, and accounts and sync are hosted for us by Supabase. Their availability and results are outside our control. Which data each of them processes is described in the Privacy Policy.
11. Availability and changes to the App
We may update, change or discontinue features, and we may need to interrupt the service for maintenance or for reasons outside our control. We do not guarantee uninterrupted availability.
12. Disclaimer of warranties
To the extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. This does not affect warranties that cannot be excluded under the law that applies to you.
13. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for loss of profit, data or goodwill, arising from your use of or inability to use the App. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
14. Indemnification
You agree to indemnify and hold harmless Kostiantyn Pogorielov against claims, damages and reasonable costs arising from your unlawful use of the App or your breach of these terms. This does not apply to consumers to the extent such an obligation is not enforceable against them under applicable law.
15. Suspension and termination
You may stop using the App at any time. We may suspend or terminate access if you materially breach these terms or use the App unlawfully. If we do so without cause and you have an active subscription, cancel it in your store account and ask Apple or Google for a refund of the unused period. That decision is theirs, not ours. Where consumer law entitles you to a refund, that entitlement stands regardless.
16. Your statutory rights
If you are a consumer, you keep all mandatory rights granted by the law of your country of residence. Nothing in these terms limits those rights, and where a clause here conflicts with them, the mandatory rule prevails.
17. Age
The App is not directed to children under 13, and it should not be used by them.
18. Apple and Google
These terms are between you and us, not with Apple or Google. Neither is responsible for the App or for support of it, and neither provides any warranty for it. If the App fails to conform to any warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the purchase price of the App to you; beyond that refund, Apple has no other warranty obligation. Any claim that the App fails to conform to a legal or regulatory requirement, or any product liability or consumer protection claim, is ours to answer, not Apple’s. If a third party claims the App infringes its intellectual property, we — not Apple — are responsible for investigating and resolving that claim. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you as a user of the iOS version. Your use of the App must also comply with the terms of the store you installed it from, and with all applicable export laws — you confirm you are not located in a country subject to a government embargo, and that you are not on any government list of prohibited or restricted parties.
19. Changes to these terms
We may update these terms. The date at the top marks the current version, and continued use of the App after an update means you accept it. If a change materially reduces what you get from a plan you paid for, it will not apply retroactively to that purchase.
20. Governing law
These terms are governed by the laws of Ukraine, without regard to conflict-of-law rules. If you are a consumer resident elsewhere, you also keep the protection of the mandatory rules of your country of residence.
21. Contact
Kostiantyn Pogorielov
Email: support@livebpm.app