Touch Tonnetz Privacy Policy and Terms of Service
Touch Tonnetz (the "App") is an interactive music theory app for exploring the Tonnetz, published by Strategic Code LLC, a Missouri limited liability company ("Strategic Code," "we," "us," or "our"). This page contains two documents: our Privacy Policy, which explains how the App handles information, and our Terms of Service, which govern your use of the App. By downloading, installing, accessing, or using the App, you agree to both.
Privacy Policy
Summary
The App is designed to work entirely on your device. We do not operate servers for the App, we do not require an account, and we do not collect, receive, sell, or share personal information through the App. The App contains no advertising, analytics, or tracking. Some data may be stored by Apple or Google through features of your device's operating system, as described below. Those companies, not us, control that data.
Information We Do Not Collect
Through the App, we do not collect your name, email address, phone number, location, contacts, photos, device identifiers, advertising identifiers, IP address, usage analytics, crash reports, or audio recordings. We do not use cookies, tracking pixels, software development kits for analytics or advertising, or similar technologies in the App.
Information Stored on Your Device
To function, the App stores saved chords, settings, selected audio output, and trial and purchase status on your device. This data stays on your device (and in the platform backup and sync services described below, if you use them). We cannot access it. Deleting the App removes this locally stored data from that device.
Audio Output and Bluetooth
Touch Tonnetz plays sounds through your device's speakers or connected audio devices. To let you choose an audio output (for example, Bluetooth headphones or speakers), the app may request permissions related to audio settings and Bluetooth connections, and your operating system may describe some of these as microphone or Bluetooth permissions. The app uses them only to list and route to audio outputs on your device. It does not record audio, scan for or track nearby devices, or transmit any device information to us.
iCloud Sync (Apple Devices)
On iPhone, iPad, and Mac, the App may use Apple's iCloud key-value storage to keep your in-app data, settings, and trial and purchase status consistent across devices signed in to the same Apple Account. This data is stored and transmitted by Apple under Apple's Privacy Policy. We do not have access to your iCloud data. You can turn off iCloud for the App in your device's settings.
Android Backup (Android Devices)
On Android, the App allows the operating system's Auto Backup feature, which may back up the App's locally stored data to your Google account so it can be restored if you reinstall the App or set up a new device. These backups are created, stored, and controlled by Google under Google's Privacy Policy. We do not have access to them. You can manage backups in your device's settings.
Purchases
In-app purchases are processed entirely by Apple (App Store) or Google (Google Play). We do not receive or store your payment card details, billing address, or account credentials. The platform tells the App only whether a purchase succeeded so it can unlock features. Apple and Google may share limited, aggregated or transaction-level sales information with us as a developer (for example, sales counts, revenue, and country), which we use for accounting and tax purposes.
App Store and Platform Data
When you download or use the App, Apple, Google, or your device manufacturer may collect information under their own privacy policies. If you have opted in to sharing diagnostics or analytics with them, they may make aggregated, de-identified reports available to developers. We have no control over this collection and are not responsible for it.
Links to Other Websites
The App may contain links to websites, such as our website or support pages. When you follow a link, you leave the App, and the linked site's own privacy practices apply. We are not responsible for the content or privacy practices of third-party sites.
Information You Send Us
If you contact us by email, we will receive your email address and whatever information you choose to include. We use it only to respond to you, provide support, and keep records of our correspondence, and we keep it only as long as reasonably necessary for those purposes or as required by law. Please do not send us sensitive personal information.
Children's Privacy
The App may be used by students of all ages. Because the App does not collect personal information from anyone, it does not knowingly collect personal information from children under 13 (or the equivalent minimum age in your jurisdiction). If you believe a child has sent us personal information by email, contact us and we will delete it.
Security
Because the App does not transmit your data to us, its security depends largely on the security of your device and of Apple's and Google's services. We take reasonable steps in designing the App, but no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.
Your Privacy Rights
Depending on where you live, laws such as the EU and UK General Data Protection Regulation or U.S. state privacy laws (including the California Consumer Privacy Act) may give you rights to access, correct, delete, or restrict the use of your personal information, and to opt out of its sale or sharing. We do not sell or share personal information, and we do not hold personal information about you through the App. You can delete App data by deleting the App, and you can manage iCloud or Google backups through your device settings. To exercise a right regarding emails you have sent us, contact us at the address below. We will not discriminate against you for exercising any privacy right.
International Users
Strategic Code is based in the United States. If you contact us from outside the United States, your correspondence will be processed in the United States.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will post the updated version on this page and change the date at the top. Your continued use of the App after an update means you accept the revised policy. If a change materially expands how we handle personal information, we will take reasonable steps to give notice before it takes effect.
Contact
Questions about this Privacy Policy can be sent to [email protected].
Terms of Service
Please read these Terms carefully. They include a binding arbitration agreement, a waiver of class actions and jury trials, disclaimers of warranties, and limitations of our liability (see Sections 11 through 14).
1. Agreement to These Terms
These Terms of Service ("Terms") are a legal agreement between you and Strategic Code LLC governing your use of the App, including any updates, content, and documentation. By downloading, installing, accessing, or using the App, you agree to these Terms and to our Privacy Policy above. If you do not agree, do not use the App.
2. Eligibility and Minors
If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App. If you use the App on behalf of a school, business, or other organization, you represent that you have authority to bind that organization to these Terms.
3. License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices that you own or control, as permitted by the usage rules of the app store from which you obtained it. The App is licensed, not sold. We and our licensors keep all rights not expressly granted to you.
4. Restrictions
Except as allowed by applicable law that cannot be waived by contract, you may not:
- copy, modify, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
- circumvent, disable, or interfere with the App's trial, purchase, licensing, or security features;
- rent, lease, lend, sell, redistribute, or sublicense the App;
- remove or alter any copyright, trademark, or other proprietary notices;
- use the App in violation of any law or to infringe anyone's rights; or
- use the App, or any of its content, to build a competing product or to train machine learning or artificial intelligence models.
5. Free Trial and Purchases
- The App may offer a free trial period, after which some or all features require a one-time in-app purchase. The length, availability, and terms of any trial are set in the App and may change. Trial status is tracked on your device and through platform sync and backup services; reinstalling the App or changing devices does not entitle you to a new trial.
- Purchases are made through, and billed by, Apple or Google. Their terms of sale, payment terms, and refund policies apply. We do not process payments and cannot issue refunds; refund requests must be made to Apple or Google.
- Prices are shown in the app store and may change at any time. Taxes may apply.
- A purchase unlocks features of the App as they exist and as they may be offered in the future, for as long as we make the App available. It does not guarantee any particular feature, update, platform, or period of availability.
- You can restore a prior purchase through the App's restore function or your app store account. We are not responsible for purchases lost due to a change of app store account, platform, or region.
6. Educational Purpose; Your Own Judgment
- The App is a practice and educational tool for general informational purposes. It is not a substitute for instruction from a qualified music teacher, and we make no promise of any particular learning outcome, exam result, or skill level.
- Listening to audio at high volume, especially through headphones, can damage your hearing. Set volume to a safe level. Practicing an instrument for long periods can cause strain or repetitive stress injury; take breaks and use proper technique. You are solely responsible for your health and safety while using the App.
- Do not use the App in situations where your attention is required, such as while driving.
7. Intellectual Property
The App and all of its software, design, graphics, text, sounds, audio samples, and other content, and all related trademarks, are owned by Strategic Code or its licensors and are protected by copyright, trademark, and other laws. Touch Tonnetz and Strategic Code names and logos are our trademarks; you may not use them without our prior written permission. Third-party open-source components included in the App are licensed under their own terms, which govern your use of those components.
8. Feedback
If you send us suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without obligation or compensation to you.
9. Third-Party Services
The App relies on services provided by third parties, including Apple, Google, and your device's operating system (for example, app distribution, in-app purchases, iCloud, backups, and audio and Bluetooth subsystems). Your use of those services is governed by their terms. We do not control them and are not responsible for their availability, performance, data handling, or any loss arising from them, including loss of synced or backed-up data.
10. Updates, Changes, and Availability
We may update, change, suspend, or discontinue the App or any feature at any time, with or without notice, and we have no obligation to provide updates, support, or maintenance. Updates may be required to keep using the App. We do not guarantee that the App will be compatible with any particular device or operating system version, now or in the future. You are responsible for backing up any data that matters to you.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STRATEGIC CODE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS (THE "STRATEGIC CODE PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE ACCURATE, OR OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR DATA WILL BE PRESERVED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STRATEGIC CODE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, OR FOR PERSONAL INJURY (INCLUDING HEARING DAMAGE OR REPETITIVE STRAIN), DEVICE DAMAGE, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF THE STRATEGIC CODE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP AND IN-APP PURCHASES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN U.S. DOLLARS (US$10).
THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Strategic Code Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to your use or misuse of the App, your violation of these Terms, or your violation of any law or the rights of any third party.
14. Dispute Resolution, Arbitration, and Class Action Waiver
Informal resolution. Before filing any claim, you agree to first contact us at [email protected] with a written description of the dispute and the relief you seek, and to try in good faith to resolve it informally for at least 60 days.
Binding arbitration. If the dispute is not resolved informally, you and Strategic Code agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms (including their formation, interpretation, enforceability, or scope, and including whether a claim is subject to arbitration) will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this agreement to arbitrate. Unless you and we agree otherwise, the arbitration will take place in Missouri, or, at your option, by video conference, by telephone, or on written submissions only. Payment of filing and arbitrator fees will be governed by the AAA's rules. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND STRATEGIC CODE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND STRATEGIC CODE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
Opt-out. You may opt out of this arbitration agreement by emailing us at [email protected] within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Severability of this section. If the class action waiver is found unenforceable as to any claim, that claim (and only that claim) must be severed and brought in court as described in Section 15, and the remainder of this Section 14 remains in effect.
Time limit. To the fullest extent permitted by law, any claim arising out of or relating to the App or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict of laws rules, and, where applicable, by U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 14, any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in the State of Missouri, and you and we consent to the personal jurisdiction of those courts. Nothing in these Terms deprives you of any mandatory consumer protection afforded by the law of the country where you live.
16. Termination
These Terms remain in effect until terminated. Your rights under these Terms end automatically, without notice, if you fail to comply with them. You may terminate them at any time by deleting the App from all of your devices. On termination you must stop using the App and delete all copies. Sections 4 and 7 through 19, and any other provisions that by their nature should survive, survive termination.
17. Export Control and U.S. Government Users
You may not use, export, or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which you obtained it. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. The App is "commercial computer software" and is provided to U.S. Government end users only as a commercial end item with only those rights granted to all other end users under these Terms.
18. App Store Terms
If you obtained the App from the Apple App Store, the following also applies:
- These Terms are between you and Strategic Code only, not Apple. Strategic Code, not Apple, is solely responsible for the App and its content. Your use of the App must also comply with the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support services for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are governed by these Terms.
- Strategic Code, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
- If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, Strategic Code, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
If you obtained the App from Google Play, the Google Play Terms of Service also apply. If there is a conflict between these Terms and the terms of the app store from which you obtained the App, the app store's terms control only to the extent required.
19. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the App and supersede any prior agreements on that subject.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
- No third-party beneficiaries. Except as stated in Section 18, these Terms do not give any rights to any third party.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
- Headings. Headings are for convenience only and have no legal effect. "Including" means "including without limitation."
- Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.
20. Changes to These Terms
We may revise these Terms at any time by posting the updated version on this page and changing the date at the top. Changes take effect when posted, except that changes to Section 14 will not apply to any dispute of which we had actual notice before the change. Your continued use of the App after changes are posted means you accept the revised Terms. If you do not agree, stop using the App and delete it.
21. Contact
Strategic Code LLC
Email: [email protected]
Website: https://www.strategiccode.com