End User License Agreement for HarmoniQ

Last updated: November 2, 2026

This End User License Agreement (the "Agreement") is between you and Matthew Clower, doing business as HarmoniQ (the "Licensor"), and governs your use of the HarmoniQ mobile applications, including HarmoniQ: Ear Trainer and HarmoniQ: Learn Perfect Pitch, together with any updates, supplements, and related content (the "Mobile App"), and of the Licensor's website at harmoniqmusic.com, including its ear training tools and the audio samples, text, images, and other content it serves (the "Website"). The Mobile App and the Website are together the "App". The App is licensed, not sold, to you. Please read this Agreement before installing or using the App. By installing or using the App, you agree to be bound by this Agreement. If you do not agree, do not install or use the App.

The Mobile App is distributed through the Apple App Store and Google Play (each, a "Store"). Your use of a Store, including any purchase made through it, is also subject to that Store's own terms of service. This Agreement is between you and the Licensor only, not the Store operator. The Store operator is not a party to this Agreement and is not responsible for the Mobile App or its content. You acknowledge that the Store operator and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of it, have the right to enforce it against you. The Licensor reserves all rights in and to the App not expressly granted to you under this Agreement.

1. Scope of License

The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Mobile App for your personal, non-commercial use on any mobile device that you own or control, as permitted by the usage rules of the Store you obtained it from, and to use the Website for the same purpose in a web browser. The Mobile App may also be accessed and used by other accounts associated with the purchaser through any family sharing or volume purchasing program the Store offers. When using the App, you must comply with any applicable third-party terms of agreement, including the Store's terms and the terms of your wireless data service. You may not distribute or make the Mobile App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy (except as expressly permitted by this Agreement and the applicable Store's usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part of the App, except to the extent that applicable law expressly permits it or that the license terms of any open-source components included in the App permit it. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this Agreement govern any updates or upgrades provided by the Licensor that replace or supplement the App, unless an update is accompanied by a separate license, in which case the terms of that license govern.

2. Intellectual Property

The App, including its software, the Ear-iQ engine, training methodology, exercise design, audio samples, artwork, text, and the HarmoniQ and Ear-iQ names and logos, is owned by the Licensor and protected by copyright, trademark, and other intellectual property laws. Nothing in this Agreement transfers ownership of the App or any of its content to you. You may use the training results, progress, and other records that you generate while using the App without restriction. You may capture screenshots and screen recordings of the App and share them, including in videos, livestreams, lessons, and social media posts, and you may do so commercially, provided that you do not present them as official HarmoniQ material or as an endorsement by the Licensor, do not use them to distribute the App's software, audio samples, or other content separately from the App, and do not remove or alter the HarmoniQ or Ear-iQ names or logos as the App displays them.

3. Consent to Use of Data

You agree that the Licensor may collect and use anonymized technical and usage data, including information about your device, system and application software, and anonymized training performance, to facilitate the provision of software updates, product support, and other services related to the App, and to improve its products and training methodology. The Licensor may use this information as long as it is in a form that does not personally identify you. If you choose to share an identifier shown in the App, such as an installation or device ID, with the Licensor, for example when requesting support, the Licensor may use it to find the data associated with that identifier to respond to your request, including to investigate and fix an issue you report. The Licensor never publishes or shares installation identifiers, nor the data linked to them in any way that connects it to a person, and once the related request is resolved keeps no record of an identifier you have shared for any later use. How this data is collected and handled is described in the HarmoniQ Privacy Policy, which is incorporated into this Agreement by reference.

4. Purchases and Subscriptions

The Mobile App is free to download and use. Some features are unlocked by an in-app purchase or a subscription. Every purchase is made through the Store, and the Store's terms govern payment, billing, and refunds. The Licensor does not receive or store your payment details and cannot issue refunds directly; refund requests go to the Store you purchased from.

A subscription renews automatically at the end of each billing period at the then-current price unless you cancel it at least 24 hours before the period ends. You can manage or cancel a subscription at any time in your Store account settings; deleting the Mobile App does not cancel a subscription. Cancellation takes effect at the end of the current period, and no refund is given for the unused portion of a period. Where a free trial is offered, any unused part of the trial is forfeited when you purchase a subscription. Prices and the availability of paid features may change, and a price change will not affect a period you have already paid for.

5. Maintenance and Support

As between the Licensor and the Store operator, the Licensor is responsible for any maintenance and support for the Mobile App, to the extent required by applicable law or that the Licensor chooses to provide. The Store operator has no obligation to furnish maintenance or support for the Mobile App. As between the Licensor and the Store operator, the Licensor is responsible for addressing any claim by you or a third party relating to the Mobile App or your possession or use of it, including product liability claims, claims that the Mobile App fails to conform to a legal or regulatory requirement, claims under consumer protection, privacy, or similar law, and claims that the Mobile App infringes a third party's intellectual property rights, including the investigation, defense, settlement, and discharge of any such claim. Nothing in this section creates any obligation of the Licensor to you beyond those in the rest of this Agreement, and the Licensor's liability to you remains subject to Section 9.

6. Termination

This Agreement is effective until terminated by you or the Licensor. Your rights under this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies of it from your devices. Sections 2 and 8 through 12 survive termination.

7. External Services

The Mobile App may open pages on the Website, and the Website, or pages reached from it, may link to third-party websites, content, and services (collectively, "External Services"). You use External Services at your sole risk. The Licensor does not examine or evaluate the content or accuracy of any External Service, is not responsible or liable for it, and does not endorse it. External Services are governed by their own terms and privacy policies. The Licensor may change or remove any link to an External Service at any time without notice or liability to you.

8. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LICENSOR DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT USE OF THE APP WILL PRODUCE ANY PARTICULAR TRAINING OUTCOME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

If the Mobile App fails to conform to any applicable warranty, you may notify the Store operator, and the Store operator will refund the price you paid for the affected purchase. To the maximum extent permitted by applicable law, the Store operator has no other warranty obligation whatsoever with respect to the Mobile App. As between the Licensor and the Store operator, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the Licensor's responsibility, subject to Section 9.

The App is an educational tool. It does not provide medical, audiological, or professional advice, and results from its exercises are not a diagnosis of any hearing or musical condition.

9. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS REQUIRED BY APPLICABLE LAW) EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Export Compliance

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported into any country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, or to anyone on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List or Entity List, or any other U.S. Government list of prohibited or restricted parties. By using the App, you represent and warrant that you are not located in any such country and are not on any such list.

11. Governing Law and Disputes

This Agreement and the relationship between you and the Licensor shall be governed by the laws of the State of Washington, United States, excluding its conflict of law provisions. You and the Licensor agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Washington to resolve any dispute or claim arising from this Agreement. If you are a consumer residing in the European Union, the United Kingdom, Switzerland, Norway, or Iceland, or in another jurisdiction whose law grants you non-waivable consumer protections, nothing in this Agreement deprives you of those protections. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12. General

This Agreement, together with the Privacy Policy and the applicable Store's terms, constitutes the entire agreement between you and the Licensor regarding the App and supersedes any prior agreements. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. The Licensor's failure to enforce any right or provision of this Agreement is not a waiver of that right or provision. The Licensor may assign this Agreement to a successor to its rights in the App. The Licensor may update this Agreement from time to time. Any changes will be posted to this page and take effect upon publication, and your continued use of the App after a change constitutes acceptance of the revised Agreement.

13. Contact Us

Direct any questions, complaints, or claims about the App or this Agreement to the Licensor through the contact page or by email to .