Terms of Service — Ampin' Up

Acceptance

By creating an account or otherwise using Ampin' Up (the "Service"), you agree to these Terms of Service (the "Terms"). These Terms form a binding agreement between you and Cole Smith ("Ampin' Up," "we," "us," or "our"). If you do not agree, do not use the Service.

Eligibility and accounts

You must be at least 13 years old to use the Service. This minimum age aligns with the children section of our Privacy Policy.
You must also be old enough to form a binding contract in your jurisdiction to use the Service.
You are responsible for your account and for keeping your login credentials secure.
You must provide accurate account information and keep it current.
You are responsible for all activity under your account. Notify us promptly at coleto.smitty@gmail.com of any unauthorized use.

Subscriptions and billing

Ampin' Up Pro is a paid subscription billed through our payment processor, Stripe, on a recurring monthly or annual basis.

Subscriptions renew automatically at the then-current price until you cancel.
You can cancel anytime from the billing portal; your Pro access continues until the end of the current paid period.
Except where required by law, subscription fees are non-refundable, including for partial periods.
We may change subscription pricing. Changes apply to future billing periods, and we will give notice where required by law.

Action item for the owner: US auto-renewal laws (the federal ROSCA and the FTC's negative-option rules, and state Automatic Renewal Laws) require that automatic renewal be disclosed clearly and conspicuously, with the subscriber's affirmative opt-in at checkout and an easy way to cancel. `[ACTION: wire clear-and-conspicuous auto-renewal consent into Stripe Checkout]`

Virtual coins and items

Coins and cosmetic or customization items are a virtual, in-app currency and license for use within the Service only.

They have no cash value, are not your property, and are not transferable or exchangeable outside the Service.
They cannot be redeemed for money or anything of value, except where required by law.
Coin purchases and item acquisitions are final and non-refundable, except where required by law.
We may adjust, expire, or discontinue virtual coins or items, or modify the in-app economy, at any time.

Your content

The Service lets you upload Guitar Pro tab files, from which it derives 3D note and fretting-hand data that is added to your own personal library ("User Content").

Your uploads are private to you. They are not shared with, browsable by, or downloadable by other users. This is personal educational storage, not distribution.
You represent and warrant that you own or have all rights, licenses, and permissions necessary to upload each file and have it processed as described, and that your User Content does not infringe or violate the intellectual property, privacy, or other rights of any third party, or any law.
You keep whatever rights you already have in your User Content. You grant Ampin' Up a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transcode, and display your User Content solely to operate and provide the Service to you — for example, converting your uploaded tab into 3D data and playing it back in your own library. This license exists only to run the Service for you and ends when you delete the User Content or your account, except for backup copies kept for a limited time or as required by law.
You are responsible for keeping your own copies of anything you upload. We may remove User Content we believe violates these Terms, our policies, or the law.

Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Among other things, you must not misuse the Service, exploit or tamper with the coin economy or item balances, reverse-engineer or abuse the APIs, upload unlawful or infringing content, or interfere with other users. We may suspend or terminate accounts that violate these Terms or that policy.

Our intellectual property

The Service — including its software, 3D models, animations, curated and Lessons content, design, and branding — is owned by Ampin' Up or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service for your own educational use, subject to these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Service except as expressly permitted.

Action item for the owner: confirm that all publicly distributed Lessons and curated catalog content is properly licensed, original, or in the public domain. DMCA safe harbor does not shield content that Ampin' Up itself distributes.

Copyright and DMCA

We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, please see our DMCA / Copyright Policy for how to submit a notice to our designated copyright agent at coleto.smitty@gmail.com. We terminate the accounts of repeat infringers in appropriate circumstances.

Indemnification

You agree to indemnify, defend, and hold harmless Ampin' Up and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or of any law or third-party right.

Disclaimers and limitation of liability

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, Ampin' Up is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill. To the maximum extent permitted by law, our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim.

Termination

You may stop using the Service and delete your account at any time.
We may suspend or terminate your access at any time if you violate these Terms or our policies, if required by law, or to protect the Service or other users.
On termination, your right to use the Service ends, and we may delete your account and User Content. Provisions that by their nature should survive — including Your content, Acceptable use, Our intellectual property, Indemnification, Disclaimers and limitation of liability, and Governing law and dispute resolution — survive termination.
Termination does not entitle you to a refund except where required by law, and does not restore or make redeemable any virtual coins or items.

Governing law and dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

Informal resolution first. Before filing any claim, you agree to contact us at coleto.smitty@gmail.com and try in good faith to resolve the dispute informally for at least 30 days.
Formal resolution. If we cannot resolve the dispute informally, it will be resolved by [DISPUTE FORUM — BINDING ARBITRATION OR THE COURTS OF JURISDICTION], and you and Ampin' Up consent to that forum.
Class-action waiver. To the extent permitted by law, disputes will be resolved only on an individual basis. You and Ampin' Up each waive any right to bring or participate in a class, collective, or representative action.

Action item for the owner: The class-action waiver above is generally enforceable only when disputes are routed to binding arbitration; its enforceability depends on selecting binding arbitration as the [DISPUTE FORUM]. If arbitration is chosen, add a full arbitration clause that names the arbitration rules and provider and gives a 30-day opt-out right.

General

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other, and no waiver is effective unless made in writing.
Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
Entire agreement. These Terms, together with the policies they incorporate by reference (including our Acceptable Use Policy and Privacy Policy), are the entire agreement between you and Ampin' Up regarding the Service and supersede any prior agreements on that subject.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, power or network outages, or failures of third-party providers.
Electronic communications. You consent to receive notices and other communications from us electronically — by email or through the Service — and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above and, where appropriate, by additional notice. Your continued use of the Service after changes take effect means you accept the revised Terms.

Contact

Questions about these Terms? Visit our contact page or email coleto.smitty@gmail.com.