Terms of use

Who these terms are between

These terms are between you and TOM Communications Ltd, Kings Hill, Kent, United Kingdom, the publisher of Scene Notes. By installing or using the app you agree to them.

The apps are distributed through Apple's App Store, so Apple's Licensed Application End User Licence Agreement also applies. Where the two conflict, Apple's agreement takes precedence for anything concerning the App Store, payment and refunds.

Licence

The app is licensed to you, not sold. We grant you a personal, non-transferable licence to use it on any iPad you own or control, as permitted by the App Store usage rules. You may not copy, modify, reverse engineer, sell or redistribute the app, or use it to build a competing product. The app, its design and its code remain ours.

What is free and what is paid

In Scene Notes, creating shows, writing notes and building running orders is free, so you can see the whole app before paying. Connecting the app to a console, so the notes follow the console live, requires an active subscription.

Subscriptions

• Subscriptions are sold and billed by Apple through your Apple ID. Prices are shown in the app and on the App Store in your local currency and may change; a price change never applies to your current period without Apple notifying you first.
• A free trial of two weeks (14 days) is offered once per Apple ID. Payment is charged to your Apple ID when the trial ends unless you cancel before then.
• Subscriptions renew automatically for the same period, at the current price, unless cancelled at least 24 hours before the end of the current period. Cancel or change plan under Subscriptions in the iPad's Settings; deleting the app does not cancel a subscription.
• Cancelling stops the next renewal. You keep access until the end of the period already paid for.
• Refunds are handled by Apple under its own policy; request one at reportaproblem.apple.com. We are not able to issue refunds ourselves.
• Restore Purchases in the app reinstates a subscription bought on the same Apple ID, for example on a new iPad.

Using the app at a show

Scene Notes reads from your console over the network and never sends a recall or changes a parameter. Even so, it depends on your network, your console's settings and your iPad, none of which we control. The notes it shows are yours, written by you, and the scene it reports as current is what the console last told it. The console remains the source of truth. Check the desk, not the iPad, before anything that matters, and keep a backup of your show before every gig using the Backup button.

Your content

Everything you write in the app is yours. It is stored on your iPad and never sent to us; see the privacy policy. You are responsible for backing it up and for anything you export or share.

No warranty

The app is provided as is. To the fullest extent the law allows, we make no promise that it will be free of errors, uninterrupted, or compatible with every console firmware or iPadOS version. Yamaha may change its remote-control protocol at any time, and a firmware update could stop the app connecting until we release a fix.

Limitation of liability

To the fullest extent the law allows, we are not liable for any loss or damage arising from use of, or inability to use, the app, including a missed cue, a lost note or a show that did not go to plan. Our total liability for any claim is limited to the amount you paid us for the app in the twelve months before the claim. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.

Trademarks

Yamaha and Rivage are trademarks of Yamaha Corporation. Scene Notes is an independent product and is not affiliated with, endorsed by or supported by Yamaha. Apple, iPad and App Store are trademarks of Apple Inc.

Ending the agreement

You can stop using the app and delete it at any time. We may end the licence if you break these terms. We may also withdraw an app from sale; existing subscriptions would run to the end of their paid period.

Changes

We may update these terms. The date below shows the current version. Continuing to use the app after a change means you accept it. Anything that materially changes what you have paid for will be announced in the app before it applies.

Law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer elsewhere in the UK or the EU you keep any rights your local law gives you.

Contact

TOM Communications Ltd, Kings Hill, Kent, United Kingdom. hello@tomcomm.co.uk.