Quiztones Terms of Service

1. Introduction

Quiztones ("Quiztones," "the App," "the Service," "we," "our," or "us") is provided by The Pro Audio Files LLC, a Colorado limited liability company operating in Arizona, located at:

The Pro Audio Files LLC
3409 N 7th Ave PMB 726
Phoenix, AZ 85013
support@theproaudiofiles.com

These Terms of Service ("Terms") govern your access to and use of Quiztones, including the Quiztones iOS app, Quiztones Mac app, Quiztones website, support resources, content, features, subscriptions, purchases, and related services.

By downloading, installing, accessing, purchasing, subscribing to, or using Quiztones, you agree to these Terms. If you do not agree to these Terms, do not use Quiztones.

Quiztones apps distributed through Apple's App Store are also subject to Apple's applicable App Store terms, policies, and Standard End User License Agreement ("Apple Standard EULA"). These Terms are intended to supplement, not replace, any applicable Apple Standard EULA. If there is a direct conflict between these Terms and Apple's applicable terms regarding your App Store license, Apple's terms will control solely to the extent of that conflict.

2. Eligibility

Quiztones is intended for general educational and entertainment use by musicians, producers, audio engineers, students, and other users interested in ear training and audio skills.

Quiztones is not specifically directed to children. If you are under the age of majority in your jurisdiction, you may use Quiztones only with the involvement and consent of a parent or legal guardian. Users under 13 should use Quiztones only with guidance from a parent or legal guardian.

3. Description of Quiztones

Quiztones is an EQ frequency ear training app designed to help users practice identifying frequency boosts, cuts, gain changes, tones, and related audio changes through quizzes, practice modes, loops, instruments, tones, and other training materials.

Quiztones may include, depending on platform, version, and access level:

• Tone quizzes.
• EQ quizzes.
• Gain quizzes.
• EQ practice modes.
• Frequency-altered loops, instruments, tones, and other training audio.
• Difficulty levels, scoring, progress features, and other app functionality.
• Audio import features that allow you to train using certain audio files available on your device or through supported local file access.

Quiztones is an educational training tool. It is not a professional certification program, formal educational institution, medical device, hearing test, diagnostic tool, or substitute for professional audio, educational, medical, or hearing-health advice.

4. iOS and Mac Availability

Quiztones is available for iOS and Mac through their respective App Stores. Quiztones for iOS and Quiztones for Mac are separate apps and may be offered as separate purchases, subscriptions, entitlements, or access models.

Purchasing or subscribing to Quiztones on one platform does not automatically grant access to Quiztones on another platform unless we expressly state otherwise. Features, pricing, availability, and access models may differ between iOS and Mac and may change over time.

Quiztones is not currently available for Android or Windows. We may choose to add, change, or discontinue platform availability at any time.

5. Purchases, Subscriptions, Trials, and Billing

Quiztones may offer free access, paid downloads, paid subscriptions, in-app purchases, free trials, promotional offers, offer codes, legacy access, or other access models depending on platform, version, region, eligibility, and availability.

Quiztones Pro on iOS may include auto-renewing subscription options, including monthly and annual plans. Quiztones may also offer a special promotional 7-day free trial from time to time. Promotional trials and offers are subject to availability, eligibility, platform limitations, region, device, Apple ID status, and Apple's rules. Not every user will see or be eligible for every offer.

All App Store purchases, subscriptions, trials, renewals, cancellations, billing issues, and refunds are handled by Apple. We do not process or store your payment card information directly.

By starting a subscription or trial through Apple, you authorize Apple to charge your Apple ID according to the price, duration, renewal terms, and other details displayed by Apple at the time of purchase. Subscriptions automatically renew unless cancelled in accordance with Apple's rules. Apple may process renewal charges up to 24 hours before the end of the current trial or subscription period. To avoid renewal charges, you must cancel more than 24 hours before the scheduled renewal time.

You can manage or cancel your Quiztones subscription through your Apple ID subscription settings or through any in-app subscription management link we provide. Deleting the App does not necessarily cancel your subscription.

Refund requests must be submitted to Apple and are subject to Apple's policies and discretion. We do not issue App Store refunds directly.

6. Promotional, Legacy, Lifetime, and Courtesy Access

We may, at our sole discretion, offer promotional access, complimentary access, legacy access, grandfathered access, lifetime access, offer codes, free trials, free months, discounts, or other courtesy access to certain users.

Such access may depend on factors including your Apple ID, prior purchase status, app version, operating system version, platform, region, subscription status, purchase history, or technical limitations imposed by Apple or the App Store.

Unless expressly stated otherwise in writing by us, promotional, legacy, lifetime, or courtesy access:

• Is not transferable, assignable, refundable, or redeemable for cash.
• Does not guarantee access to separate apps, new platforms, future products, or unrelated services.
• May require you to use the same Apple ID associated with the original eligible purchase or entitlement.
• May require an up-to-date version of Quiztones, iOS, macOS, or other software.
• May be limited by Apple's systems, App Store policies, technical constraints, or discontinued platform support.
• Does not prevent us from changing, updating, replacing, retiring, or discontinuing features, content, access models, or the Service.

References to "lifetime" access, where applicable, mean access for the lifetime of the applicable Quiztones product, feature, entitlement, or access program as made available and technically supported by us, not for the lifetime of any individual user, device, Apple ID, platform, or third-party service.

7. User Accounts and Local Data

Quiztones does not require users to create a separate Quiztones account. App access and purchases are generally managed through your Apple ID and Apple's App Store systems.

Quiztones does not store your quiz scores, progress, imported audio, custom audio files, or app settings on our external servers. Quiztones app data is stored locally on your device unless Apple, your device, your operating system, backup settings, analytics services, crash reporting tools, or other third-party systems handle data separately under their own settings and policies.

If you delete Quiztones, change devices, disable backups, change Apple IDs, reset your device, or modify device storage settings, local app data may be lost or unavailable. We are not responsible for loss of local data.

8. Imported Audio

Quiztones may allow you to import or access certain audio files from your device, music library, or supported local file sources for personal training inside the App. Imported audio is processed locally on your device and is not uploaded to our servers or sent by us to third-party audio processing services.

You are solely responsible for the audio you import, access, or use with Quiztones. You agree that you will only import or use audio in Quiztones if you have the lawful right to do so.

You may not use Quiztones to infringe copyright, violate third-party rights, bypass DRM, circumvent access controls, or use audio in a way that violates applicable law or the terms of any third-party service.

Due to Apple restrictions and third-party rights management, Quiztones may not be able to access DRM-protected files, including songs from the Apple Music streaming service. Compatibility with particular file types, libraries, cloud storage providers, folders, operating system versions, or third-party apps is not guaranteed.

9. Quiztones Content and Intellectual Property

Quiztones, including its name, trademarks, logos, branding, design, user interface, app structure, source code, quiz systems, training methodology, text, graphics, documentation, and other original materials, is owned by The Pro Audio Files LLC and is protected by intellectual property and other laws.

Quiztones may also include audio, loops, tones, instruments, sound files, samples, presets, or other materials that are owned by third parties and used by us under license, permission, or other applicable rights. Nothing in these Terms transfers ownership of any Quiztones content or third-party content to you.

Subject to these Terms and any applicable App Store terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use Quiztones and the content made available within Quiztones solely for your own lawful personal, educational, or internal training purposes.

You may not copy, extract, record, sample, rip, reproduce, redistribute, sell, license, share, publish, upload, commercially exploit, or create derivative works from Quiztones training audio, loops, tones, instruments, app assets, or other materials except as expressly permitted by us in writing or by applicable law.

You may not use Quiztones content to train, fine-tune, evaluate, or develop machine learning models, datasets, sample libraries, audio products, competing apps, or similar products without our prior written permission.

10. User Feedback

If you submit feedback, ideas, suggestions, bug reports, feature requests, testimonials, reviews, or other comments about Quiztones, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, distribute, display, and incorporate that feedback for any lawful purpose, including improving, marketing, and promoting Quiztones, without compensation to you.

This does not require us to use your feedback or to treat it as confidential.

11. Educational Results and No Guarantees

Quiztones is designed to help users practice and improve listening skills, frequency recognition, EQ awareness, and related audio judgment. However, results vary from person to person.

We do not guarantee that Quiztones will improve your mixes, recordings, productions, hearing, musical abilities, audio engineering skills, professional outcomes, grades, employment prospects, client results, revenue, or any other specific result.

Marketing statements such as "better mixes," "in minutes a day," "in 2 weeks or less," "fastest way," or similar statements are general promotional claims, not guarantees. Your results depend on many factors outside our control, including your experience, listening environment, equipment, consistency, hearing ability, practice habits, and broader musical or technical skill.

12. Safe Listening and Hearing Health

Quiztones uses audio playback. You are responsible for setting safe playback levels and using appropriate listening equipment. Listening at high volume levels or for extended periods may cause discomfort or hearing damage.

Do not use Quiztones at unsafe volume levels. Stop using Quiztones if you experience pain, ringing, discomfort, dizziness, hearing changes, or other symptoms. Consult a qualified medical or hearing-health professional if you have concerns about your hearing.

Quiztones is not a hearing test, medical device, diagnostic tool, or treatment for any hearing, auditory, neurological, or medical condition.

13. Third-Party Services

Quiztones and related websites may use third-party services for analytics, diagnostics, crash reporting, hosting, App Store distribution, subscription management, website measurement, advertising measurement, or related functions. These may include, without limitation:

• Apple App Store and related Apple services for app distribution, purchases, subscriptions, billing, refunds, and entitlement management.
• Google Analytics for website or usage analytics.
• Mixpanel for product analytics.
• Firebase Crashlytics for crash reports and diagnostics.

Third-party services are governed by their own terms, policies, practices, and technical systems. We are not responsible for third-party outages, errors, data handling practices, billing decisions, refund decisions, App Store decisions, or platform limitations.

14. Prohibited Uses

You agree that you will not:

• Use Quiztones for any unlawful, harmful, fraudulent, abusive, or unauthorized purpose.
• Reverse engineer, decompile, disassemble, modify, or attempt to derive the source code, algorithms, app logic, quiz systems, or internal structure of Quiztones except to the extent such restrictions are prohibited by law.
• Copy, extract, redistribute, resell, publish, sample, or commercially exploit Quiztones audio, loops, tones, instruments, assets, or content.
• Use bots, scripts, automated systems, scraping tools, or other non-human methods to access, test, manipulate, or interact with Quiztones.
• Circumvent, manipulate, or interfere with subscriptions, in-app purchases, free trials, offer codes, access controls, entitlement checks, usage restrictions, or App Store systems.
• Import, access, or use audio files in a way that violates copyright, privacy, publicity, contract, platform rules, DRM restrictions, or third-party rights.
• Attempt to damage, disable, overload, impair, interfere with, or gain unauthorized access to Quiztones, our systems, third-party services, or other users' devices.
• Misrepresent your relationship with Quiztones, The Pro Audio Files LLC, Apple, any university, school, reviewer, or third party.
• Use Quiztones in a way that could damage our reputation, impair the Service, or expose us or others to liability.

15. App Updates, Changes, and Availability

We may update, modify, improve, remove, replace, limit, suspend, or discontinue any part of Quiztones at any time, including features, quizzes, difficulty levels, imported audio functionality, pricing, subscriptions, trials, promotional offers, supported operating systems, platform availability, and content libraries.

We are not obligated to continue supporting older versions of Quiztones, older operating systems, older devices, discontinued platforms, or outdated App Store entitlement systems.

Quiztones may be unavailable, limited, or interrupted due to maintenance, bugs, device issues, operating system changes, App Store issues, third-party outages, analytics or crash reporting services, internet connectivity, or events outside our control.

16. Beta, TestFlight, and Pre-Release Versions

From time to time, we may offer beta, TestFlight, pre-release, experimental, or limited-access versions of Quiztones. Such versions may be incomplete, unstable, changed without notice, or removed at any time.

You should not rely on beta or pre-release versions for critical use. We may use feedback, crash reports, diagnostics, and usage information from beta versions to improve Quiztones.

17. Support

We may provide support resources, FAQs, email support, in-app support links, or other assistance at our discretion. We do not guarantee that support will be available at all times, that every issue can be resolved, or that we can override App Store billing, refund, entitlement, Apple ID, or device-level restrictions.

For support, contact: support@theproaudiofiles.com.

18. Termination

We may suspend, restrict, or terminate your access to Quiztones, or any part of it, if we believe you have violated these Terms, violated applicable law, misused the Service, interfered with the App, created risk for us or others, or used Quiztones in a way that may expose us to liability.

You may stop using Quiztones at any time. Termination does not automatically cancel any App Store subscription. You must cancel subscriptions through Apple.

Sections that by their nature should survive termination will survive, including ownership, prohibited use, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal provisions.

19. Disclaimer of Warranties

To the maximum extent permitted by law, Quiztones is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that Quiztones will be uninterrupted, secure, error-free, compatible with every device, compatible with every audio file, available in every region, free of defects, or that any defects will be corrected.

We do not warrant that Quiztones will produce any specific educational, audio, hearing, professional, creative, commercial, or personal result.

20. Limitation of Liability

To the maximum extent permitted by law, The Pro Audio Files LLC and its members, managers, officers, employees, contractors, service providers, licensors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, lost goodwill, business interruption, device issues, hearing-related claims, loss of access, subscription issues, or other intangible losses arising out of or relating to your use of or inability to use Quiztones.

To the maximum extent permitted by law, our total liability for all claims arising out of or relating to Quiztones or these Terms shall not exceed the greater of: (a) the amount you paid directly for Quiztones access in the twelve (12) months preceding the event giving rise to the claim, excluding amounts retained by Apple or other third-party platforms; or (b) fifty U.S. dollars (US $50).

Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

21. Indemnification

You agree to indemnify, defend, and hold harmless The Pro Audio Files LLC and its members, managers, officers, employees, contractors, service providers, licensors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Your use or misuse of Quiztones.
• Your violation of these Terms.
• Your violation of applicable law.
• Your imported audio or other content you access, import, or use with Quiztones.
• Your violation of any third-party right, including intellectual property, privacy, publicity, or contractual rights.
• Your attempt to circumvent purchases, subscriptions, trials, access controls, DRM, App Store systems, or technical restrictions.
• Your unsafe listening practices or use of Quiztones at unsafe volume levels.

22. Apple and App Store Billing

Quiztones apps are distributed through Apple's App Store. App Store purchases, subscriptions, renewals, cancellations, billing issues, and refund requests are handled by Apple under Apple's applicable terms and policies.

We are responsible for providing support for Quiztones itself, but we do not control Apple's billing systems, Apple ID systems, refund decisions, subscription management tools, Family Sharing, App Store availability, or other Apple platform features.

Your use of Apple's App Store, Apple ID, subscriptions, refunds, device backups, iCloud, and related Apple services is governed by Apple's terms and policies.

23. Intellectual Property Notices

If you believe Quiztones or any content associated with Quiztones infringes your intellectual property rights, please contact us at support@theproaudiofiles.com with enough detail for us to evaluate the issue, including your contact information, identification of the protected work, the allegedly infringing material, and a statement explaining your rights and concern.

24. Governing Law, Arbitration, and Class Action Waiver

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law principles, except to the extent federal law applies.

Before filing a claim, you agree to first contact us at support@theproaudiofiles.com and attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days after notice, either party may proceed as permitted below.

To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Quiztones shall be resolved by binding individual arbitration in Maricopa County, Arizona, before a single neutral arbitrator. The arbitrator shall have authority to award the same individual remedies that a court could award, subject to the limitations in these Terms.

You and The Pro Audio Files LLC agree that all claims and disputes will be resolved only on an individual basis and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, representative, or private attorney general action. Class actions, collective actions, representative actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

To the maximum extent permitted by law, you and The Pro Audio Files LLC waive any right to a jury trial for disputes arising out of or relating to these Terms or Quiztones.

Either party may bring an individual claim in small claims court in Maricopa County, Arizona, if the claim qualifies. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or system security.

This arbitration, class action waiver, and jury trial waiver provision shall survive termination of your use of Quiztones.

25. International Use and Legal Compliance

You are responsible for complying with all laws, rules, and regulations applicable to your use of Quiztones, including local laws, intellectual property laws, consumer protection laws, export control laws, sanctions laws, and App Store rules.

You may not use Quiztones if you are prohibited from doing so under applicable law.

26. Changes to These Terms

We may modify or update these Terms from time to time. When we do, we will update the "Last updated" date above. Your continued use of Quiztones after updated Terms are posted or otherwise made available constitutes your acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using Quiztones and, if applicable, cancel any subscription through Apple.

27. General Terms

These Terms, together with any applicable Apple terms and any additional terms we expressly provide for specific features or offers, constitute the agreement between you and The Pro Audio Files LLC regarding Quiztones.

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, reorganization, change of control, or by operation of law.

We will not be liable for delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, internet or App Store outages, platform changes, labor disputes, war, terrorism, civil unrest, government action, technical failures, or third-party service interruptions.

28. Contact

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

The Pro Audio Files LLC
3409 N 7th Ave PMB 726
Phoenix, AZ 85013
support@theproaudiofiles.com