TempoPath
TempoPath

Terms of Use

Last updated August 07, 2026

Agreement to these terms

These Terms of Use ("Terms") form a binding agreement between you, whether personally or on behalf of an entity ("you"), and TempoPath ("TempoPath," "we," "us," or "our"), covering your access to and use of the website at tempopath.app (the "Site"), the TempoPath application (the "App"), and every related product, feature, and service that links to these Terms (together, the "Services").

By accessing or using the Services you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Any supplemental terms, policies, or documents posted on the Services from time to time are incorporated into these Terms by reference. We may change or modify these Terms at any time and for any reason, at our sole discretion. We will indicate changes by updating the "Last updated" date, and you waive any right to receive specific notice of each change. It is your responsibility to review these Terms periodically. Your continued use of the Services after revised Terms are posted means you accept them.

The Services are intended for users who are at least 13 years of age. Anyone who is a minor in their jurisdiction of residence (generally under 18) must have the permission of, and be directly supervised by, a parent or legal guardian who has read and agreed to these Terms on their behalf.

We recommend that you keep a copy of these Terms for your records.

Table of contents

1. Our services

TempoPath is a practice platform for adult string musicians. It structures practice through scheduling, plan generation, goal setting, progress tracking, recording tools, and educational content such as the Music Theory Academy.

The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement in that jurisdiction. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local law to the extent it applies.

The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subject to those laws, you may not use the Services. You may also not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

TempoPath is an educational tool. It does not replace a qualified teacher, professional instrument setup, physical therapy, or medical advice. Stop playing and seek appropriate guidance if you experience sharp or persistent pain.

2. Eligibility

To use the Services you must be at least 13 years old and legally capable of entering into a binding contract, or be supervised by a parent or guardian who accepts these Terms for you. You must not be barred from using the Services under the laws of the United States or any other applicable jurisdiction. We may refuse, restrict, or terminate access to anyone who does not meet these requirements.

3. User accounts and registration

You may be required to register to use parts of the Services. You agree to keep your account information accurate and current, to keep your password confidential, and to accept responsibility for all activity that occurs under your account. You must notify us promptly of any unauthorized use. We reserve the right to remove, reclaim, or change any username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

You are responsible for anything done through your account, whether or not you authorized it. Accounts are personal to you and may not be sold, shared, or transferred.

4. User representations

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of that information and update it as needed; (3) you have the legal capacity and agree to comply with these Terms; (4) you are not a minor in your jurisdiction, or you have parental permission and supervision; (5) you will not access the Services through automated or non-human means, whether by bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, incomplete, or not current, we may suspend or terminate your account and refuse any and all current or future use of the Services.

5. Intellectual property rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website and application designs, audio, video, text, photographs, curriculum, exercises, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained in them (the "Marks"). The Content and Marks are protected by copyright and trademark law, and by other intellectual property and unfair competition laws, in the United States and internationally.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Terms, including the "Prohibited activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, in each case solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out here, please contact us at tempopathsupport@gmail.com. If we grant permission, you must identify us as the owner or licensor and ensure that any copyright or proprietary notice remains visible.

We reserve all rights not expressly granted to you. Any breach of these intellectual property rights constitutes a material breach of these Terms and your right to use the Services terminates immediately.

6. User content and contributions

The Services may invite you to create, submit, post, display, transmit, publish, or broadcast content and materials, including text, writings, audio recordings, reflections, goals, practice notes, photographs, comments, suggestions, and personal information (collectively, "Contributions"). Any question, comment, suggestion, idea, or feedback you send us directly about the Services is a "Submission," and any Submission that is publicly posted is also treated as a Contribution.

By directly sending us a Submission, you agree to assign to us all intellectual property rights in it. You agree that we own the Submission and are entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You understand that Contributions may be viewable by other users of the Services and, in some cases, through third-party websites.

When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your Contributions does not and will not infringe the proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights.
  • You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users to use, your Contributions.
  • You have written consent, release, or permission from every identifiable individual appearing in your Contributions to use their name or likeness.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any person, or to promote violence against a person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party.
  • Your Contributions do not violate any law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, these Terms or any applicable law.

You are solely responsible for your Submissions and Contributions, and you agree to reimburse us for any and all losses we may suffer because of your breach of this section, of a third party's intellectual property rights, or of applicable law.

Although we have no obligation to monitor Contributions, we may remove or edit any Contribution at any time without notice if, in our reasonable opinion, it is harmful or breaches these Terms. We may also suspend or disable your account and report you to the appropriate authorities. Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

7. Contribution license

By posting your Contributions to any part of the Services, you automatically grant us, and represent and warrant that you have the right to grant, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute those Contributions, including your image and voice, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of them or incorporate them into other works, and to sublicense the foregoing.

This license applies to any form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in them.

We do not assert any ownership over your Contributions. You retain full ownership of your Contributions and of all intellectual property and proprietary rights associated with them. We are not liable for any statements or representations in your Contributions, and you agree to exonerate us from responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize Contributions to place them in more appropriate locations; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Practice recordings and microphone access

Certain features require access to your device microphone so that TempoPath can record or analyze your playing. You control whether to grant that permission through your browser or device, and you may revoke it at any time.

You represent that you have the legal right to record and upload any audio you submit, including the right to record any other person audible in the recording. Recordings you save are Contributions for the purposes of these Terms and are stored under your account. Analysis results, such as pitch or timing feedback, are provided for educational purposes only and are not a guarantee of accuracy or of musical outcome.

You may delete your recordings at any time from within the Services. Deleting your account removes associated recordings, subject to reasonable backup retention periods and any retention required by law.

9. AI-assisted features

Parts of the Services use automated and artificial-intelligence systems to generate practice plans, suggestions, feedback, and other output ("AI Output") based on the information you provide, such as your instrument, level, goals, availability, and practice history.

AI Output is generated automatically, may be inaccurate or incomplete, and is offered for general educational guidance only. It is not personalized instruction from a qualified teacher and it is not medical, physical-therapy, or professional advice. You are responsible for using judgment about whether an activity is safe and appropriate for you, and for adjusting or stopping any activity that causes discomfort or pain.

We do not guarantee that AI Output is original, unique to you, non-infringing, or fit for any particular purpose. You may not use AI features to generate unlawful, fraudulent, infringing, or harmful content, and you may not attempt to reverse engineer, extract, copy, or exploit our models, prompts, or systems.

10. Prohibited activities

You may not access or use the Services for any purpose other than the purpose for which we make them available. The Services may not be used in connection with any commercial endeavor except one we specifically endorse or approve.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of Content or enforce limitations on use.
  • Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable law or regulation.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as scripts that send comments or messages, or any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices sometimes referred to as "spyware" or "passive collection mechanisms."
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to them.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of them.
  • Copy or adapt the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may result from standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us, or otherwise use the Services or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.
  • Upload malicious software, viruses, or harmful code.
  • Attempt to reverse engineer, copy, modify, or exploit TempoPath's software, AI systems, or source code.
  • Attempt to gain unauthorized access to another user's account, data, or recordings.
  • Use the platform to harass, threaten, impersonate, or abuse other users.
  • Upload content that infringes another person's copyright or intellectual property rights.
  • Use bots, scripts, or automated tools to access, scrape, or interfere with the platform.
  • Use the AI features to generate unlawful, fraudulent, or harmful content.
  • Upload recordings or other content that you do not have the legal right to share.

11. Application license

If you access the Services through an application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices you own or control, and to access and use it on those devices strictly in accordance with these Terms.

You may not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work of it; violate any applicable law in connection with your access or use; remove, alter, or obscure any proprietary notice we or our licensors post; use the application for any revenue-generating endeavor or other purpose for which it is not designed; make the application available over a network where it could be used by multiple devices at the same time; use the application to create a product, service, or software that competes with it; use the application to send automated queries or unsolicited commercial email; or use any proprietary information or interface of ours in the design, development, manufacture, licensing, or distribution of any application, accessory, or device.

12. Third-party websites and content

The Services may contain links to third-party websites, as well as articles, photographs, text, graphics, music, video, applications, and other content belonging to or originating from third parties. We do not investigate, monitor, or check third-party content for accuracy, appropriateness, or completeness, and we are not responsible for it or for any third-party website accessed through the Services.

Inclusion of, or a link to, third-party content does not imply our approval or endorsement. If you access a third-party website or use third-party content, you do so at your own risk, and these Terms no longer govern. You should review the terms and policies of any third party you interact with, and any purchases you make through a third party are between you and that third party.

13. Services management

We reserve the right, but not the obligation, to: monitor the Services for violations of these Terms; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting them to law enforcement; refuse, restrict access to, limit the availability of, or disable any of your Contributions in our sole discretion and without limitation; remove from the Services or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services you agree to be bound by it, and it is incorporated into these Terms. The Services are hosted in the United States. If you access them from another region with laws governing personal data collection, use, or disclosure that differ from United States law, then by continuing to use the Services you transfer your data to the United States and expressly consent to it being processed there.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please notify us immediately at tempopathsupport@gmail.com with a description of the material, its location, and a statement of your good-faith belief that its use is not authorized. Please be aware that you may be held liable for damages, including costs and attorneys' fees, if you materially misrepresent that material is infringing. We may remove allegedly infringing material and terminate the accounts of repeat infringers.

16. Term and termination

These Terms remain in full force and effect while you use the Services. Without limiting any other provision, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant in these Terms or of any applicable law. We may terminate your use or participation in the Services, delete your account and any content or information you posted, at any time, without warning.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

17. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason, at our sole discretion, without notice. We have no obligation to update any information on the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason, without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

18. Governing law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed within that state, without regard to its conflict of law principles.

19. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or litigation. Informal negotiations begin upon written notice from one party to the other.

Binding arbitration

If informal negotiations do not resolve the Dispute, it will be finally and exclusively resolved by binding arbitration. You understand that without this provision you would have the right to sue in court and have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and share of arbitrator compensation are governed by the AAA rules and, where appropriate, limited by those consumer procedures. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will issue a written decision and has authority to award relief only to the individual party seeking it.

Except where otherwise required by applicable law, arbitration will take place in Texas. The parties agree that any arbitration is limited to the Dispute between them individually. To the full extent permitted by law: no arbitration may be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

Disputes concerning the enforcement, protection, or validity of intellectual property rights, allegations of theft, piracy, invasion of privacy, or unauthorized use, and any claim for injunctive relief, are not subject to the arbitration provisions above and may be resolved by a court of competent jurisdiction. If this arbitration provision is found unenforceable as to any Dispute, that Dispute will be decided by a court of competent jurisdiction within the jurisdiction listed above, and the parties consent to personal jurisdiction there.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer of warranties

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR OF ANY WEBSITE LINKED TO THEM, AND WE ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED IN THEM; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WE DO NOT GUARANTEE ANY PARTICULAR MUSICAL, TECHNICAL, OR EDUCATIONAL OUTCOME, AND WE DO NOT WARRANT THE ACCURACY OF AI-GENERATED PRACTICE PLANS OR AUDIO ANALYSIS.

22. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN UNITED STATES STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: your Contributions; your use of the Services; your breach of these Terms; any breach of your representations and warranties set forth in these Terms; your violation of the rights of a third party, including intellectual property rights; or any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

24. User data

We will maintain certain data that you transmit to the Services for the purpose of managing their performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.

25. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or the granting of credits by any means other than electronic.

26. California users and residents

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Terms and any policies or operating rules we post on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute them.

28. Contact us

To resolve a complaint regarding the Services or to receive further information about their use, please contact us at:

TempoPath
United States
Phone: 469-592-9349
Email: tempopathsupport@gmail.com