Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of elian ("the App"), a music player application for macOS developed and operated by Giovane Cardona ("Developer", "we", "us", or "our"). 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 download or use the App.

By accessing or using elian, you confirm that you are at least 13 years of age, that you have read and understood these Terms, and that you agree to be bound by them.

2. Description of the App

elian is a macOS music player application that provides independent BPM and pitch control, automatic key and BPM detection, audio quality analysis, real-time waveform visualization, Camelot Wheel for harmonic mixing, and track renaming functionality. The App is designed for personal, non-commercial use.

3. Free Trial and Subscription

Free Trial: elian offers a 30-day free trial period during which all features are fully accessible. No payment is required to begin the trial. The trial begins on the date of first launch.

Subscription Plans: After the trial period ends, continued access to Pro features requires an active subscription:

• Pro Monthly: €4.99 per month
• Pro Annual: €29.90 per year (equivalent to approximately €2.49/month)

Free Tier: After the trial, the following features remain available at no cost: full music playback, BPM detection (read-only), key detection, Camelot Wheel, waveform visualization, and audio quality analysis.

Pro Features: The following features require an active Pro subscription: BPM fader (speed adjustment), Pitch/Key fader (pitch adjustment), and batch track renaming.

Billing and Renewal: Subscriptions are billed through the Apple App Store and automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage and cancel your subscription at any time through your Apple ID account settings.

Refunds: All purchases are processed through the Apple App Store and subject to Apple's refund policy. We do not have the ability to issue refunds directly.

4. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes. This license does not allow you to distribute, sell, sublicense, reverse engineer, or create derivative works based on the App.

5. Intellectual Property

The App, including its design, code, features, name, logo, and all associated content, is owned by Giovane Cardona and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reproduce any part of the App without prior written permission.

6. User Responsibilities

You agree to use the App only for lawful purposes. You are solely responsible for ensuring that your use of the App complies with all applicable laws, including copyright and intellectual property laws regarding the music files you use with the App. The App does not grant you any rights to copyrighted music content.

7. Privacy

Your use of the App is also governed by ourPrivacy Policy. By using the App, you consent to the data practices described in our Privacy Policy.

8. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Giovane Cardona shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App. Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.

10. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date at the top of this page. Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal. Any disputes shall be subject to the exclusive jurisdiction of the courts of Portugal.

13. Contact

If you have any questions about these Terms, please contact us at:support@elianmusic.com