Terms of Use for Music Practice Focus
These Terms of Use (“Terms”) are a binding agreement between you and Blue Skua LLC (“Blue Skua,” “we,” “us,” or “our”) governing your use of the Music Practice Focus mobile application (the “App”). They also serve as the end user license agreement for the App.
By downloading, installing, or using the App, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the App.
1. About the App
Music Practice Focus helps you build a music practice habit by using Apple's Screen Time technologies to restrict access to apps you choose until you complete a practice challenge. Features include:
- Selecting apps and app categories to block
- Practice challenges — timed practice with a metronome, music theory questions, and self-recording
- Temporary unlock windows earned by completing a challenge
- Emergency access when you need a blocked app immediately
- Practice history, streaks, statistics, and on-device screen time summaries
- Local backup and restore of your practice data
2. Eligibility
You must be at least 13 years of age, or the minimum digital age of consent in your country if higher, to use the App. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you set up the App for a minor in your household, you are responsible for their use of it and for compliance with these Terms.
3. License Grant
Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service, solely for your personal, non-commercial use.
The App is licensed, not sold, to you. You agree not to:
- Copy, modify, distribute, sell, rent, lease, or sublicense any part of the App
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent this restriction is prohibited by applicable law
- Circumvent, disable, or interfere with the blocking, unlock, entitlement, or purchase verification mechanisms of the App
- Remove or alter any proprietary notices, labels, or marks in the App
- Use automated scripts or tools to interact with the App in unintended ways
4. Screen Time Permissions and How Blocking Works
The App requires Screen Time (Family Controls) authorization to function. By granting it, you authorize the App to apply and remove app restrictions on your device according to the settings you choose.
You acknowledge and agree that:
- You are choosing to restrict your own access to apps. You can change your selections, revoke Screen Time authorization, or delete the App at any time, and doing so removes the restrictions.
- The App is a habit tool, not a security control. It is not designed to be tamper-proof and should not be relied on to enforce restrictions against a determined user, including a determined minor.
- Blocking depends on iOS system behavior that we do not control. Restrictions may fail to apply, apply late, persist longer than expected, or be affected by iOS updates, device restarts, low-power conditions, or changes Apple makes to the Screen Time frameworks.
- Do not block apps you may urgently need. You are solely responsible for your app selections. Avoid restricting phone, messaging, navigation, medical, accessibility, safety, or other apps you might need in an emergency. The App provides an emergency access option, but you should not depend on it in a genuine emergency.
5. No Account, and You Own Your Data
The App does not require an account. Your practice sessions, theory answers, audio recordings, notes, statistics, and settings (“Your Content”) are created by you and stored on your device. You retain all ownership of Your Content. We claim no rights in it and, as described in the Privacy Policy, we do not receive it.
Because Your Content lives on your device and we hold no copy of it, you are solely responsible for backing it up. We cannot recover data lost through device loss, damage, reset, App deletion, a failed restore, or any other cause. Use the App's Backup & Restore feature and keep your backup files somewhere safe.
You are responsible for ensuring that any content you record or enter, including audio recordings of music, complies with applicable law and does not infringe anyone else's rights.
6. Purchases
Music Practice Focus requires a paid entitlement for full access. The following purchase options may be offered:
- An auto-renewing monthly subscription
- An auto-renewing annual subscription, which may include an introductory free trial
- A one-time lifetime purchase (a non-consumable in-app purchase)
All purchases are made through the Apple App Store and processed by Apple, not directly by Blue Skua. Prices vary by country, currency, promotion, and applicable taxes; the price shown at the point of purchase controls. Available plans and prices may change, and plans may be added or withdrawn from sale at any time. A change to prices or plans does not affect a purchase you have already completed.
6.1 Free Trial
Where an introductory free trial is offered, it is provided by Apple as part of the subscription offer and is subject to Apple's eligibility rules. Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription and your Apple Account is charged. If you purchase a subscription while a free trial is active, any unused portion of the trial is forfeited.
6.2 Auto-Renewing Subscriptions
- Payment is charged to your Apple Account at confirmation of purchase.
- Your subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your Apple Account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price for the plan.
- You can manage your subscription and turn off auto-renew in Settings › [your name] › Subscriptions on your device after purchase.
- Canceling stops future renewals. It does not retroactively refund the current period, and you keep access until the end of the period you have paid for.
7. Lifetime Purchase — Please Read Carefully
The lifetime option is a one-time, non-consumable in-app purchase. It is not a subscription: it does not auto-renew, and no recurring charge is made. This section explains exactly what it does and does not include, so that the word “lifetime” is not misunderstood.
7.1 What “Lifetime” Means
“Lifetime” refers to the lifetime of the product — that is, the period during which Music Practice Focus, in the version or offering you purchased, remains commercially available and supported by us. It does not mean your personal lifetime, and it is not a guarantee of any minimum number of years of availability, support, or operation.
7.2 What the Lifetime Purchase Includes
- Access, without further payment, to the paid features of Music Practice Focus that were described at the time of your purchase.
- Updates to Music Practice Focus that we choose to release during the period the App remains commercially available, including bug fixes, compatibility updates, and any new features we add to this App.
- Restoration of your purchase on devices signed in to the same Apple Account, using Restore Purchases in the App.
7.3 What the Lifetime Purchase Does Not Include
- Any specific future feature, update, or version. We do not commit to releasing any particular update, and updates are not guaranteed indefinitely.
- Other Blue Skua apps. The purchase applies only to Music Practice Focus. It does not entitle you to any other app we publish now or in the future.
- A separately published successor app. If we ever release a distinct new app — sold as its own product on the App Store rather than as an update to this one — your lifetime purchase does not carry over to it. We will not use this to route around the purchase: we would only do this for a genuinely separate product, not to convert routine updates into a new paid app.
- Continued operation of features that depend on Apple or other third parties. Core functionality relies on Apple's Screen Time frameworks and on your device's operating system. If Apple changes, restricts, or removes those capabilities, or if your device or iOS version stops supporting them, affected features may stop working or be removed. This is outside our control.
- Server-side or cloud services. The App is designed to run entirely on your device, and no part of the lifetime purchase entitles you to hosted services from us.
- Indefinite technical support. We provide support on a reasonable efforts basis for as long as we support the App.
7.4 Discontinuation
We may discontinue Music Practice Focus, or remove it from sale, at any time as described in Section 11. If we do, the App will generally continue to work on devices where it is already installed, for as long as your device and iOS version support it, but we will no longer provide updates or support. Discontinuation does not entitle you to a refund of a lifetime purchase, except where a refund is required by applicable law. If we discontinue the App, we will make reasonable efforts to give advance notice through the App or on blueskua.com.
7.5 Ownership and Transfer
A lifetime purchase is a license tied to the Apple Account used to make it. It is personal to you and cannot be sold, transferred, gifted, or assigned to another person or Apple Account. Where a purchase is designated as Family Shareable in the App Store, it may be shared with the members of your Family Sharing group in accordance with Apple's rules and only for as long as Apple offers that feature. Whether Family Sharing is available for a given purchase is shown on the App Store product page at the time of purchase.
7.6 If You Also Have a Subscription
A lifetime purchase does not automatically cancel an active subscription. If you buy the lifetime option while a subscription is running, you should cancel the subscription yourself in Settings › [your name] › Subscriptions to avoid being charged again. We do not receive your billing information from Apple and cannot cancel a subscription on your behalf.
8. Refunds
All payments are collected by Apple. We cannot issue refunds directly. Refund requests are governed by Apple's policies and are submitted to Apple at reportaproblem.apple.com. This applies to subscriptions and to the lifetime purchase alike.
If something in the App is not working as described, please contact us first at [email protected]. We would rather fix the problem, and we are happy to support your refund request with Apple where it is warranted.
9. Consumer Rights (EU, EEA, and UK)
If you are a consumer in the European Union, European Economic Area, or United Kingdom, you may have a statutory right to withdraw from a purchase of digital content within 14 days. Where permitted by law, by downloading the App and requesting immediate access to paid features, you consent to immediate performance and acknowledge that you may lose that right of withdrawal once the digital content has been supplied. Purchases are made from Apple, so Apple's consumer terms also apply to the transaction.
10. Acceptable Use
You agree not to:
- Use the App in violation of any law or regulation
- Use the App to restrict, monitor, or interfere with a device you do not own or are not authorized to manage
- Attempt to gain unauthorized access to the App or to any related systems
- Use the App to transmit malicious code or otherwise disrupt its operation
- Infringe the intellectual property or privacy rights of others
We may suspend or terminate your license if you materially violate these Terms.
11. Updates, Changes, and Availability
We may update, modify, suspend, or discontinue the App, or any feature of it, at any time. We do not guarantee that any specific update or feature will be released, or that the App will remain available for any particular period. This applies regardless of your purchase type, including the lifetime purchase; refund rights in that case are governed by Sections 7.4 and 8 and by applicable law.
We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, and features may change or be removed as iOS evolves.
12. Third-Party Services and Platform Terms
The App uses Apple frameworks and services (including Screen Time, StoreKit, and Speech Recognition) and Google Firebase for anonymous analytics and crash reporting. Your use of those services is also subject to their respective terms and privacy policies. We are not responsible for the practices, availability, or content of third-party services.
Apple-Specific Terms
You acknowledge the following, which apply because the App is distributed through the App Store:
- These Terms are between you and Blue Skua LLC only, not with Apple.
- Apple is not responsible for the App or its content, and has no obligation to provide maintenance or support services for it.
- In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. 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 a failure to conform to a warranty are our responsibility.
- Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- In the event of a third-party claim that the App infringes intellectual property rights, Blue Skua LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- 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.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
Your use of the App is also subject to the App Store Terms of Service and, to the extent not superseded by these Terms, Apple's standard Licensed Application End User License Agreement.
13. Intellectual Property
Music Practice Focus, including its software, design, branding, text, graphics, audio, question content, and other non-user content, is owned by or licensed to Blue Skua LLC and is protected by intellectual property laws. No rights are granted except those expressly stated in these Terms.
14. Feedback
If you send us suggestions, ideas, or feedback about the App, you grant Blue Skua LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use, modify, and incorporate that feedback without restriction or compensation to you.
15. Disclaimer of Warranties
To the maximum extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and reliability.
We do not warrant that the App will meet your requirements, that app blocking will work without interruption or error, or that using the App will produce any particular improvement in your practice habits or musical ability. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
16. Limitation of Liability
To the maximum extent permitted by law, Blue Skua LLC and its owners, employees, affiliates, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or opportunity, arising out of or related to your use of or inability to use the App — including any consequence of an app being blocked or unblocked, or of practice data being lost.
To the maximum extent permitted by law, our total cumulative liability for any claim arising out of or relating to these Terms or the App will not exceed the greater of the amount you paid for the App in the 12 months before the claim arose, or USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless Blue Skua LLC and its affiliates, personnel, and service providers from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the App, Your Content, your violation of these Terms, or your violation of applicable law or the rights of any third party.
18. Termination
These Terms remain in effect until terminated. You may terminate them at any time by deleting the App from your devices. We may terminate or suspend your license if you materially violate these Terms or if we are required to do so by law. On termination, the license granted in Section 3 ends and you must stop using the App. Sections that by their nature should survive — including Sections 13, 15, 16, 17, and 19 — survive termination. Termination by us for cause does not entitle you to a refund.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of law principles, except where otherwise required by applicable law.
If you have a dispute, please contact us first at [email protected]. We will try to resolve it informally within 30 days. If we cannot, the dispute shall be resolved by binding arbitration administered under the rules of the American Arbitration Association and conducted in Colorado, except where prohibited by applicable law. You waive any right to participate in a class action or class-wide arbitration. Either party may still seek injunctive or equitable relief in a court of competent jurisdiction, and either party may bring an individual claim in small claims court.
20. General Provisions
These Terms and the Privacy Policy constitute the entire agreement between you and Blue Skua LLC regarding the App and supersede all prior agreements on that subject.
If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in full force. Our failure to enforce a right or provision is not a waiver of it. You may not assign your rights or obligations under these Terms without our prior written consent; we may assign ours freely. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
21. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date above and provide notice through the App or by other reasonable means. Changes do not apply retroactively to purchases you have already made in a way that reduces what you paid for. Your continued use of the App after updated Terms take effect means you accept them. If you do not agree, stop using the App and delete it.
22. Contact
Questions about these Terms:
Blue Skua LLC
Email: [email protected]
These Terms of Use are intended to comply with the Apple App Store Review Guidelines, including the disclosure requirements for auto-renewable subscriptions and the minimum terms of Apple's Licensed Application End User License Agreement.