Terms and Conditions

Last updated: April 27, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the EDM BPM mobile application (the "Service") operated by Too Much Wasabi, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Links To Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by Too Much Wasabi, LLC

Too Much Wasabi, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Too Much Wasabi, 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Too Much Wasabi, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Too Much Wasabi, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Medical Disclaimer

EDM BPM offers an optional “Tempo Strobe” feature. This feature flashes (strobes) the background of the application to the BPM you are tapping. If you are sensitive to flashing screens, do not enable the Tempo Strobe setting. Strobe intensity decreases the faster the tempo gets.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Too Much Wasabi, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Too Much Wasabi, LLC and EDM BPM are not affiliated with any trademark owners whose trademark may appear in any form on the Service unless otherwise stated.

In-App Purchases

In-App purchases are purchased from and billed by Apple iTunes, not Too Much Wasabi, LLC. These purchases are subject to the Terms and Conditions of Apple iTunes. All billing and refund inquiries must be directed to Apple iTunes. Too Much Wasabi, LLC does not have access to Apple iTunes accounts or transactions. If you are under 18, you must have your parents’ or guardians’ permission to make any In-App purchases. By completing an In-App purchase, you are confirming that you have any and all permission that may be necessary in order to allow you to make that In-App purchase. In-App purchases may be restored within the App’s Settings / Info screen.

Unlockable Content

EDM BPM offers optional content to be unlocked by the end user. The bar counter & share counter (used to unlock optional content) does not persist through different Apple iTunes accounts, different users, different devices, app deletion and new-installs. The Underground Theme & Midnight Theme are instantly accessible if the end user has completed the ‘Unlock Everything (also referred to as VIP Access)’ or ‘Unlock All Themes’ In-App purchase / restore.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms 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 Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us info@toomuchwasabi.com