Last updated: October 4, 2025
This End User License Agreement ("Agreement") is between you and Viktor Gordienko ("Developer") regarding your use of the BPM Analyzer application ("App") and any related services. By downloading or using the App, you agree to be bound by this Agreement.
This Agreement is concluded between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary relating to your use of the App.
The Developer grants you a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
You may not distribute or make the App available over a network where it could be used by multiple devices at the same time except as permitted by the App Store Terms of Service. You may not rent, lease, lend, sell, redistribute, or sublicense the App.
The Developer is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
For support inquiries, see Section 8 (Developer Contact Information).
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
The Developer, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
For any questions, complaints, claims, or support inquiries with respect to the App, please contact:
Viktor Gordienko
Email: bpm-analyzer@viktorgordienko.com
Website: viktorgordienko.com/bpm-analyzer
You must comply with applicable third party terms of agreement when using the App (e.g., your wireless data service agreement).
Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
BPM Analyzer offers optional in-app purchases including Pro subscriptions (weekly, monthly, yearly, and lifetime options) and one-time tips. All purchases are processed through Apple's App Store and are subject to Apple's payment terms.
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You will be charged for renewal within 24 hours prior to the end of the current period. You can manage subscriptions and turn off auto-renewal in your App Store account settings after purchase.
Payment will be charged to your Apple ID account at confirmation of purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
You may use BPM Analyzer to analyze audio files and detect tempo (BPM) for personal or professional purposes, including DJ performance, music production, and audio engineering.
You may not:
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App or any part thereof;
• Use the App for any unlawful purpose or in violation of any local, state, national, or international law;
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Developer or its affiliates, partners, suppliers, or licensors;
• Use the App to infringe upon or violate the intellectual property rights or any other rights of anyone else (including Apple);
• Reproduce, duplicate, copy, sell, resell or exploit the App for any commercial purpose other than your intended use of the App's features.
All audio processing occurs locally on your device. BPM Analyzer does not upload, store, or transmit your audio files to external servers. Your audio files remain private and under your control at all times.
Optional analytics data collection requires your explicit consent and can be enabled or disabled at any time in the app's settings. When enabled, anonymous usage data is collected through PostHog analytics service to help improve the App. This data may include app version, platform, device type, and feature usage patterns, but never includes your audio files or personal identifying information.
For more information about data collection and privacy practices, please see the Privacy Policy available within the App.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Developer does not warrant that:
• The App will be error-free, uninterrupted, or free from harmful components;
• Defects will be corrected;
• The App or the server that makes it available are free of viruses or other harmful components;
• BPM detection will be 100% accurate for all audio files, as accuracy depends on audio quality, genre, tempo changes, and other factors.
Use of the App is at your own risk. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE DEVELOPER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless the Developer and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
The Developer reserves the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
The Developer may update this Agreement from time to time. You will be notified of any changes through the App or via email. Your continued use of the App after such modifications constitutes your acceptance of the updated Agreement. If you do not agree to the modified Agreement, you must stop using the App.
This Agreement is effective until terminated by you or the Developer. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement.
The Developer may terminate this Agreement and your access to the App immediately, without prior notice or liability, for any reason, including if you breach this Agreement.
Upon termination:
• All rights granted to you under this Agreement will cease;
• You must cease all use of the App;
• You must delete all copies of the App from your devices.
The following sections survive any termination of this Agreement: Sections 5 (Product Claims), 6 (Intellectual Property Rights), 8 (Developer Contact Information), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 20 (Governing Law and Jurisdiction), and 21 (Entire Agreement).
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of your jurisdiction of residence, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in your jurisdiction of residence, using the English language in accordance with the applicable arbitration rules and procedures in effect at the time of the dispute. The parties consent to the jurisdiction of such arbitration proceedings.
This Agreement, together with the Privacy Policy and any other legal notices published by the Developer in the App, constitutes the entire agreement between you and the Developer concerning the App and supersedes all prior or contemporaneous understandings regarding such subject matter.
No amendment to or modification of this Agreement will be binding unless in writing and signed by the Developer.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that right or power.