1. Who is who
Keybeat (the "app") is made by Triple Four, the trade name of 444 ent AS, a limited company in Norway ("we", "us"). You are the person or business that buys or uses the app ("you").
You buy the app from Polar (Polar Software, Inc., USA), which resells it for us as merchant of record. It is the seller on your receipt, takes the payment and charges any VAT or sales tax. Its buyer terms apply to the payment. These terms apply to the license and to your use of the app. They are part of your purchase.
2. Price and delivery
The app costs $29 as a one-time purchase, plus VAT or sales tax where it applies. There is no subscription.
The app is digital content. Right after payment you get a license key and a download link by email. You can also download the app from this website at any time.
3. Your license
When you buy the app, we give you a non-exclusive license to use it, for as long as you like, for personal or business purposes, on up to 2 Macs at a time.
- You may move your license from one of your Macs to another. Deactivate the old Mac first (see section 4).
- You may not transfer the license to someone else.
- A business that wants the app on more Macs buys one license for every 2 Macs.
You may keep a backup copy of the app.
4. Activation and the license check
- Activate. The first time you use the app on a Mac, you enter your license key. This uses one of your 2 slots.
- Deactivate. To free a slot, deactivate the Mac in the app, or in our payment provider's customer portal.
- Check. About once a week, when your Mac is online, the app checks that the key is still valid.
- Offline. The app works offline. If it cannot check for about 30 days, it asks you to go online once. Your settings are kept.
The check sends your license key, a neutral label for your Mac and the app version. It never sends audio or usage data. The privacy policy has the details.
If your purchase is refunded or charged back, the license key stops working.
5. What you may not do
- Sell, rent, lend or give away the app or your license key.
- Share your license key, or post it anywhere.
- Remove, disable or work around the license check.
- Reverse engineer, decompile or disassemble the app, except where the law allows it whatever these terms say (for example to make it work with other software).
- Use the app to break the law.
6. Updates
Your purchase includes all 1.x versions free of charge. A later major version, such as 2.0, may be a paid upgrade. Buying it is optional: your license keeps working with 1.x versions.
We plan to keep the app working with new versions of macOS for as long as people use it. We cannot promise that every future macOS will work with every version of the app.
7. Refunds and the right of withdrawal
All sales are final. Because the app is delivered right away, at checkout you agree to immediate delivery and confirm that you lose your 14-day right of withdrawal once delivery starts. Your receipt email confirms this.
You still get your money back if the law says so, for example if the app is faulty and we cannot fix it, and if you were charged by mistake. The refund policy explains this. It is part of these terms.
8. If something is wrong
We built the app with care, but music analysis is not exact. The app will sometimes show a wrong key, or half or double the tempo. The how it works page says what it can and cannot do. That is part of how the app is described, and it is not a fault.
If the app does not work as described, or does not work on a Mac that meets the requirements, email us. We will try to fix it. If you are a consumer, the law gives you rights that these terms cannot take away. In Norway these come from the act on digital services for consumers (digitalytelsesloven), and in the EU from national laws based on Directive (EU) 2019/770. They include:
- getting the app brought into line with its description, at no cost,
- a price reduction, or ending the contract with a refund, if we cannot do that within a reasonable time or the fault is serious.
Apart from these rights, and to the extent the law allows, the app is provided "as is". We give no other promises about it, for example that it suits a particular purpose.
9. Limitation of liability
If you are a business: we are not liable for indirect losses, such as lost income, a missed gig, a bad mix or lost data. Our total liability for any claim connected to the app is limited to the amount you paid for it.
If you are a consumer: we are liable as consumer law says, and these terms do not limit that.
For everyone: nothing in these terms limits liability that the law does not allow us to limit, for example for intent, gross negligence or personal injury.
10. Ending the license
You can stop using the app at any time. If you break these terms in a serious way, for example by sharing your license key, we may end your license. We will tell you first and give you a chance to put it right, unless the breach cannot be undone.
11. Ownership
The app, its name, icon and design remain ours. Buying a license gives you the right to use the app, not ownership of it.
12. Privacy
The app analyzes audio on your Mac only. What the license check sends, and what we do with the data from your purchase, is in the privacy policy.
13. Changes to these terms
We may update these terms for future purchases. The terms in force when you bought the app apply to your license, unless you agree to new ones. When we change them, we update the date at the top.
14. Governing law and disputes
These terms are governed by Norwegian law. If you are a consumer, you also keep the protection of the mandatory consumer laws of the country where you live.
If you have a complaint, email us first. Most things can be solved that way. If we cannot agree:
- Consumers in Norway can ask the Norwegian Consumer Council (Forbrukerrådet) for help with mediation. The case can then go to the Consumer Complaints Committee (Forbrukerklageutvalget).
- Consumers elsewhere in the EU, Iceland or Liechtenstein can get help from the European Consumer Centre in their country.
Court cases go to the Norwegian courts, at our home venue. If you are a consumer, you may also bring a case in the courts where you live.
15. Contact
Questions about these terms? Email hello@triplefourapp.com. A real person reads it.