1. Introduction
These Terms of Service ("Terms") govern your use of the Practice Butler mobile application ("App") operated by Bart Migal ("we," "us," or "our"). Practice Butler is an iOS app that transforms how musicians memorize music by providing personalized spaced repetition cues using your own video recordings.
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
2. Definitions
- "App" means the Practice Butler iOS mobile application and all related services
- "User" or "you" means any individual who uses the App
- "Services" means all features, functionality, and services provided through the App
- "Content" means any videos, audio recordings, or other materials created or uploaded by users
- "Subscription" means the recurring monthly payment plan for continued access to the App
3. Eligibility and Account Registration
Eligibility
The App is available to users of all ages in the United States and Canada. By using the App, you represent that you have the legal capacity to enter into these Terms. If you are under 18, you must have parental or guardian consent to use the App.
No Account Required
Practice Butler does not require user registration or account creation. The App operates as a single-user application on your device without login requirements.
Geographic Restrictions
The App is currently available only in the United States and Canada. Use of the App outside these regions is not authorized.
4. License and Use of the App
License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on your iOS device solely for personal, non-commercial purposes.
Restrictions
You may not:
- Modify, adapt, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Distribute, sell, lease, or sublicense the App
- Use the App for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to the App's systems or networks
- Remove or alter any proprietary notices or labels
5. User Conduct
Acceptable Use
You agree to use the App in accordance with these Terms and all applicable laws. The App is designed for personal music practice and memorization.
Prohibited Conduct
You may not use the App to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit harmful, offensive, or illegal content
- Interfere with the App's functionality or security
- Use the App in any way that could harm us or other users
User-Generated Content
All videos and recordings you create using the App remain stored locally on your device. You retain full ownership and control over your content. We do not have access to, store, or process your recordings on our servers.
6. In-App Purchases and Subscriptions
Subscription Terms
Practice Butler offers a monthly subscription for $3.99 USD, which includes a 7-day free trial period. The subscription provides full access to all App features and functionality.
Payment Processing
All payments are processed through Apple's App Store payment system. Your subscription will automatically renew unless canceled at least 24 hours before the end of the current period.
Free Trial
New users receive a 7-day free trial with full access to all features. You may cancel at any time during the trial period without charge.
Refunds
Refund requests are subject to Apple's App Store refund policies. We do not process refunds directly. Contact Apple Support for refund requests.
Price Changes
We reserve the right to modify subscription prices. Price changes will not affect your current subscription period but will apply to subsequent renewals.
7. Intellectual Property
App Ownership
The App, including all content, features, functionality, and technology, is owned by Bart Migal and is protected by copyright, trademark, and other intellectual property laws.
User Content
You retain all rights to the videos and recordings you create using the App. Since all content is stored locally on your device, we do not claim any rights to your user-generated content.
Trademarks
"Practice Butler" and related logos are trademarks of Bart Migal. You may not use these trademarks without prior written permission.
8. Privacy
Your privacy is important to us. Please review our Privacy Policy at practicebutler.com/privacy, which explains how we handle your information.
Key privacy points:
- All video recordings are stored locally on your device
- We do not have access to your recorded content
- No user data is transmitted to our servers
- Optional speech recognition features may process audio locally or through third-party services when enabled
- You can control speech recognition features through the App settings
9. Termination
Your Rights
You may stop using the App at any time. To cancel your subscription, manage your subscription through your Apple ID account settings.
Our Rights
We may suspend or terminate your access to the App if you violate these Terms or for any other reason at our discretion.
Effects of Termination
Upon termination or if you delete the App, all locally stored videos and data will be permanently lost. We do not maintain backups of your content.
10. Limitation of Liability
Disclaimer
The App is provided "as-is" without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or completely secure.
Limitation of Liability
To the maximum extent permitted by law, Bart Migal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of use, or lost profits.
Maximum Liability
Our total liability to you for all claims arising from your use of the App shall not exceed the amount you paid for the subscription in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Bart Migal from any claims, damages, losses, or expenses arising from your use of the App, violation of these Terms, or infringement of any third-party rights.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of New York State, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved in the courts of New York State.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or other reasonable means. Your continued use of the App after changes constitute acceptance of the modified Terms.
14. Third-Party Services
Apple App Store
Your use of the App is also subject to Apple's App Store Terms of Service. In case of conflict between these Terms and Apple's terms, Apple's terms shall prevail regarding App Store-related matters.
Optional Features
The App may include optional speech recognition features that utilize third-party services. When enabled, these features are subject to the third-party provider's terms of service and privacy policies.
15. Apple-Specific Terms
App Store Requirements
This App is distributed through the Apple App Store and is subject to Apple's standard Licensed Application End User License Agreement (EULA) terms, which are incorporated herein by reference.
Payment Processing
Apple is not responsible for addressing any claims relating to the App or your use of it, including but not limited to product liability claims, intellectual property infringement claims, or claims that the App fails to conform to applicable legal requirements.
Subscription Management
Subscriptions are managed through your Apple ID account. Apple processes all payments and subscription management functions.
16. Contact Information
For questions about these Terms or the App, please contact us at:
Email: contact@practicebutler.com
Website: practicebutler.com
For technical support or billing inquiries related to App Store purchases, contact Apple Support.
17. Miscellaneous
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bart Migal regarding your use of the App.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Survival
Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will survive termination of these Terms.
Last Updated: July 8, 2025
For the most current version of these Terms of Service, please visit practicebutler.com