Privacy Policy & Terms of Service

Practice Pro Systems LLC

Master Service Agreement

1. Introduction

Welcome to Practice Pro, a music practice application developed by Practice Pro Systems LLC (“Company,” “we,” “us,” or “our”). This Master Service Agreement (“Agreement”) explains the terms and conditions under which you may use our mobile, and/or desktop application/software (“App”) and our website located at www.getpracticepro.com (“Site”). By accessing or using the App or the Site, you agree to be bound by this Agreement, last updated June 13th 2024. If you do not agree with the terms of this Agreement, please do not access the App or the Site.

2. Eligibility

You must be at least 13 years old to use the App and the Site. By using the App and the Site, you represent and warrant that you meet this age requirement. If you are under 18, you may use the App and the Site only with the consent of your parent or legal guardian.

3. Account Registration

To access certain features of the App and the Site, you must register for an account. When you register, you agree to provide accurate and complete information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of the App and the Site

You agree to use the App and the Site in accordance with all applicable laws and regulations. You agree not to:

- Use the App or the Site for any unlawful purpose.

- Interfere with or disrupt the operation of the App or the Site.

- Attempt to gain unauthorized access to any portion of the App or the Site.

- Upload or transmit any content that infringes the intellectual property rights or privacy rights of any third party.

- Upload or transmit any content that contains viruses, malware, or other harmful components.

5. User-Generated Content

Users, including teachers, may upload content to the App and the Site, including but not limited to music, text, images, and videos (“User Content”). By uploading User Content, you represent and warrant that:

- You own or have the necessary rights and permissions to use and upload the User Content.

- The User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.

- The User Content does not violate any applicable laws or regulations.

We do not pre-screen User Content and are not responsible for monitoring the App or the Site for inappropriate or illegal content. However, we reserve the right to remove any User Content that we believe violates this Agreement.

6. Intellectual Property

6.1 Ownership

All content, features, and functionality on the App and the Site, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Practice Pro Systems 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.

6.2 License to Use

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App and the Site for your personal, non-commercial use.

6.3 User Content License

By uploading User Content to the App or the Site, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the App and the Site and our business, including for promoting and redistributing part or all of the App and the Site in any media formats and through any media channels.

7. Copyright Policy

7.1 DMCA Compliance

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied and is accessible on the App or the Site in a way that constitutes copyright infringement, please provide our support team with the following information:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

- A description of the copyrighted work that you claim has been infringed.

- A description of where the material that you claim is infringing is located on the App or the Site.

- Your address, telephone number, and email address.

- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our support team can be reached at: Practice Pro Systems LLC
Email: support@getpracticepro.com

7.2 Counter-Notification

If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our support team by providing the following information:

- Your physical or electronic signature.

- A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.

- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

- Your name, address, telephone number, and email address.

- A statement that you consent to the jurisdiction of the federal court in the district where your address is located, or if your address is outside the United States, the federal court in the district where we are located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

8. Privacy Policy

Your use of the App and the Site is also governed by our Privacy Policy, which is incorporated by reference into this Agreement. Please review our Privacy Policy to understand our practices.

9. End User License Agreement (EULA)

9.1 License Grant

Subject to your compliance with this Agreement, Practice Pro LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or controlled by you.

9.2 Restrictions

You agree not to:

- Copy, modify, or create derivative works of the App or the Site.

- Reverse engineer, decompile, or disassemble the App or the Site.

- Remove, alter, or obscure any proprietary notices on the App or the Site.

- Use the App or the Site for any commercial purpose.

10. Cookie Policy

10.1 Use of Cookies

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the App and the Site to help customize the App and the Site and improve your experience. When you access the App or the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the App or the Site.

10.2 Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the App and the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.

10.3 Website Analytics

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the App and the Site through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users’ use of the App and the Site, determine the popularity of certain content, and better understand online activity. By accessing the App and the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

11. Refund Policy

We offer a refund for purchases made through the App or the Site up to 30 days after the date of purchase. To request a refund, please contact our support team at support@getpracticepro.com with your purchase details. Refunds will be processed within 10 business days of receiving your request.

12. Disclaimer of Warranties

THE APP AND THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER 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 APP OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE APP AND THE SITE IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRACTICE PRO SYSTEMS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP OR THE SITE. UNDER NO CIRCUMSTANCES WILL PRACTICE PRO SYSTEMS LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

14. Indemnification

You agree to indemnify, defend, and hold harmless Practice Pro Systems LLC and its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the App or the Site, your violation of this Agreement, your User Content, or your violation of any rights of another.

15. Third-Party Services

The App and the Site may contain links to third-party websites or services that are not owned or controlled by Practice Pro Systems LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Practice Pro Systems LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

16. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the App or the Site (or any part thereof) with or without notice. You agree that Practice Pro Systems LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or the Site.

17. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Georgia for the purpose of litigating all such claims or disputes.

18. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect.

19. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App or the Site after those revisions become effective, you agree to be bound by the revised terms.

20. Community Guidelines

20.1 Respectful Conduct

Users are expected to interact respectfully with others on the App and the Site. Harassment, hate speech, discrimination, or any form of abusive behavior will not be tolerated.

20.2 Appropriate Content

All User Content must be appropriate for all audiences. Pornographic, violent, or otherwise inappropriate content is strictly prohibited.

20.3 Reporting Violations

If you encounter any content or behavior that violates these guidelines, please report it to our support team at support@getpracticepro.com.

21. Accessibility Statement

Practice Pro Systems LLC is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you experience any difficulty in accessing any part of the App or the Site, please contact us at support@getpracticepro.com.

22. COPPA Compliance Policy

We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at support@getpracticepro.com.

23. Data Processing Agreement (DPA)

23.1 Data Controller and Data Processor

Practice Pro Systems LLC acts as a data controller for the personal data we collect directly from users. We also act as a data processor for the personal data collected through our services on behalf of our customers.

23.2 Data Processing Obligations

As a data processor, we will:

- Process personal data only on documented instructions from the data controller.

- Ensure that persons authorized to process the personal data have committed themselves to confidentiality.

- Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

- Assist the data controller in ensuring compliance with their data protection obligations.

- Delete or return all personal data to the data controller after the end of the provision of services.

24. State-Specific Data Collection

24.1 California Consumer Privacy Act (CCPA)

Under the California Consumer Privacy Act (CCPA), California residents have specific rights regarding their personal information. If you are a resident of California, you have the right to:

- Request Disclosure: You can request disclosure of the specific pieces and categories of personal information we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, and the categories of third parties with whom we share your personal information.

- Request Deletion: You can request that we delete any personal information about you that we have collected, subject to certain exceptions.

- Opt-Out of Sale: You can opt-out of the sale of your personal information. Note that we do not sell your personal information.

- Non-Discrimination: You have the right to not be discriminated against for exercising any of your CCPA rights.

To exercise your rights under the CCPA, please contact us at support@getpracticepro.com or visit our website to fill out the appropriate form.

24.2 Other State-Specific Privacy Laws

Residents of other states may have similar rights under their respective state laws. We are committed to complying with all applicable state privacy laws. If you are a resident of another state and would like to know more about your privacy rights, please contact us at support@getpracticepro.com.

25. Regional/International Data Collection

25.1 General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU), you have specific rights under the General Data Protection Regulation (GDPR). These rights include:

- Right to Access: You have the right to request access to the personal data we hold about you.

- Right to Rectification: You have the right to request that we correct any inaccuracies in your personal data.

- Right to Erasure: You have the right to request the deletion of your personal data when it is no longer necessary for the purposes for which it was collected, or when you withdraw consent (where applicable).

- Right to Restriction of Processing: You have the right to request that we restrict the processing of your personal data under certain conditions.

- Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.

- Right to Object: You have the right to object to the processing of your personal data under certain conditions.

- Right to Withdraw Consent: Where our processing is based on your consent, you have the right to withdraw your consent at any time.

To exercise your rights under the GDPR, please contact us at support@getpracticepro.com.

25.2 International Data Transfers

Your information, including personal data that we collect from you, may be transferred to, stored at, and processed by us and our affiliates, third parties, and service providers outside your country of residence. By using the App and the Site, you consent to such transfer, storage, and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

26. Data Retention and Deletion

26.1 Data Retention

We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

26.2 Data Deletion

Upon termination of your account, we will deactivate or delete your account and information from our active databases. All personal information will be completely wiped from our systems. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements. If you wish to request complete deletion of your data, please contact us at support@getpracticepro.com.

27. Privacy Policy

27.1 Introduction

Welcome again to Practice Pro, a music practice application developed by Practice Pro Systems LLC (“Company,” “we,” “us,” or “our”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile application (“App”) and our website located at www.getpracticepro.com (“Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the App or the Site.

27.2 Information We Collect

We collect information about you in a variety of ways. The information we may collect on the App and the Site includes:

27.2.1 Personal Data

Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the App or the Site or when you choose to participate in various activities related to the App and the Site, such as online chat and message boards.

27.2.2 Derivative Data

Information our servers automatically collect when you access the App or the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the App or the Site.

27.2.3 Financial Data

Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the App or the Site.

27.2.4 Data from Social Networks

User information from social networking sites, such as Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

27.2.5 Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the App from a mobile device.

27.2.6 Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the App permission to access this information.

27.3 Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the App or the Site to:

- Create and manage your account.

- Process your transactions.

- Send you a welcome email to verify ownership of the email address provided when your account was created.

- Send you administrative email notifications, such as security or support and maintenance advisories.

- Respond to your inquiries or requests.

- Increase the efficiency and operation of the App or the Site.

- Monitor and analyze usage and trends to improve your experience with the App or the Site.

- Notify you of updates to the App or the Site.

- Offer new products, services, mobile applications, and/or recommendations to you.

- Perform other business activities as needed.

- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

27.4 Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

27.4.1 By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

27.4.2 Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

27.4.3 Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

27.4.4 Marketing Communications

With your consent, we may share your information with third parties for marketing purposes, as permitted by law.

27.4.5 Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

27.4.6 Business Partners

We may share your information with our business partners to offer you certain products, services, or promotions.

27.4.7 Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

27.5 Tracking Technologies

27.5.1 Internet-Based Advertising

27.5.2 Website Analytics

27.6 Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

27.7 International Data Transfers

27.8 Data Retention

27.9 Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at: support@getpracticepro.com.

27.10 Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

27.11 Your Rights and Choices

27.11.1 Account Information

You may at any time review or change the information in your account or terminate your account by:

- Logging into your account settings and updating your account

- Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

27.11.2 Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

- Noting your preferences at the time you register your account with the App or the Site

- Logging into your account settings and updating your preferences

- Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

27.12 Third-Party Links

The App and the Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the App or the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services, or applications that may be linked to or from the App or the Site.

27.13 California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the App or the Site, you have the right to request removal of unwanted data that you publicly post on the App or the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will ensure the data is not publicly displayed on the App or the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

27.14 Changes to This Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the new Privacy Policy on the App and the Site. You are advised to consult this Privacy Policy regularly for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

28. Contact Us

If you have any questions about this Agreement, please contact us at:

Practice Pro Systems LLC
Email: support@getpracticepro.com