Terms of Service

a. Welcome to Lemur (“the app” or “Licensed Application”), a product developed by MIDI Kinetics Software Inc. (“MIDI Kinetics”, “we,” “our,” or “us”). By using Lemur, you agree to these Terms of Use (“Terms”). These Terms outline your rights and responsibilities when using the app. If you have any questions about these Terms, please contact us at support.midikinetics.com. For clarity, references to “the app” or “Licensed Application” include the Lemur application and any relevant documentation or updates, unless otherwise specified.

b. Scope of License: MIDI Kinetics grants you a nontransferable, nonexclusive license to use the Lemur app (“Licensed Application”) on any devices that you own or control, as permitted by the terms and conditions of the platform through which you downloaded the app (such as the Apple App Store or Google Play Store). This license extends to any updates or upgrades provided by MIDI Kinetics that replace or supplement the original Licensed Application, unless such updates or upgrades are accompanied by a separate license agreement. You may not transfer, redistribute, or sublicense the Licensed Application. If you sell or transfer ownership of a device on which the Licensed Application is installed, you must remove the Licensed Application from that device before doing so. User-generated content and premium controllers, including but not limited to those available in the Lemur user library or sold by MIDI Kinetics, may be subject to separate licensing terms. By using such content or products, you agree to comply with any additional terms of use or license agreements that may apply. MIDI Kinetics is not responsible for enforcing licensing terms of third-party content; users are solely responsible for ensuring compliance with applicable terms. We reserve the right, at our discretion, to remove any user-generated content that we deem to be in violation of these Terms, infringing upon third-party rights, or otherwise inappropriate. Unless explicitly permitted by applicable law, you may not reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. This restriction does not apply to any open-source components included in the Licensed Application, which are governed by their respective licensing terms accompanying those components.

c. Subscriptions: Subscription management, including upgrades, downgrades, cancellations, and refunds, is governed by the policies of the platform through which the app was downloaded (Apple App Store or Google Play Store). For any issues related to subscriptions, refunds, or billing matters, please contact the respective platform’s support. We do not have access to your platform account or billing information. All subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Choosing a longer subscription period (e.g., switching from monthly to yearly) takes effect immediately, with the price pro-rated based on the remaining time of your current subscription. Opting for a shorter subscription period (e.g., switching from yearly to monthly) takes effect at the end of the current subscription period. If you encounter a technical issue with the app that prevents you from accessing your content, please contact us via our support page. Users will be notified of any price changes in accordance with the policies of the platform. All subscription changes are subject to the policies of the platform (Apple App Store or Google Play Store).

d. Grace Periods: We allow a standard grace period for past-due subscriptions, provided by the platform through which you downloaded the app (such as the Apple App Store or Google Play Store). This grace period allows continued access to app features while payment issues are resolved, and its duration may vary based on platform policies. In addition, we offer a one-time extended grace period of 5 days for past-due subscriptions if you do not wish to renew. This extended grace period ensures you have time to use the app for upcoming performances and to back up your project files. We reserve the right to modify or revoke the extended grace period at any time.

e. Limitations of Support: Support is offered exclusively online. For assistance, please visit our support website to find help resources and contact our support team. We do not provide in-person or on-call support. Use of Lemur assumes users have general operational understanding of music production and technology. We do not offer support for third-party software or hardware, including, but not limited to, digital audio workstations (DAWs), virtual instruments, or plugins. Lemur is a powerful general-purpose, programmable MIDI and OSC controller designed to interface with a wide variety of equipment. We do not guarantee that a particular feature will be compatible with your intended use case. Use of Lemur’s programming language assumes users have a general knowledge of computer programming. While we do not offer one-on-one support for custom programming, we provide extensive resources such as the Lemur User Guide, GitHub Documentation, User Forum, and the MIDI Kinetics Support Bot. Users are encouraged to ask programming questions on the User Forum, where they can share solutions with the community and receive responses to common programming inquiries. Our team may occasionally address questions there as time allows, though we prioritize issues that benefit a wider audience.

f. User Generated Content: We actively encourage users to develop and sell their own creations, whether for personal or commercial purposes. We proudly support a community of creators who use the app to build their own MIDI and OSC controller layouts. However, selling or distributing your designs does not establish a business relationship between MIDI Kinetics and third-party developers. We take no responsibility for the business activities of third-party developers, including support, warranties, or customer issues related to their designs, and we shall not be held liable, whether in contract, tort, or otherwise, arising out of or in connection with the app or any third-party dealings. To avoid brand confusion, users should avoid using the terms “MIDI Kinetics” (or its abbreviation “MK”) and “Lemur” in the primary names of their commercial products, brands, and services, except in secondary descriptive text or taglines. If you have any doubts, please reach out to us—we’re happy to work with you to ensure alignment.

g. Additional Terms for Subsidiaries and Related Offerings: Products and services provided by subsidiaries or related ventures of MIDI Kinetics, such as premium, ready-made controllers offered by MKBoutique, may be governed by additional terms and conditions. These terms are separate from those applied to the Lemur app and will be provided as applicable.

h. Changes to Terms: We may update these Terms periodically. If changes are made, we will notify you through the app. Your continued use of the app after such updates indicates your acceptance of the revised Terms.

i. Disclaimer of Warranties: No warranties. You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided “as is” and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

j. Limitation of Liability: To the maximum extent permitted by law, in no event shall we, our subsidiaries, affiliates, officers, employees, agents, partners, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (1) the use or inability to use the app; (2) any unauthorized access to or alteration of your transmissions or data; (3) any other matter relating to the app. This limitation of liability applies whether or not we have been informed of the possibility of such damages and even if a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions do not allow certain liability limitations, so these limitations may not apply to you in their entirety.

k. Governing Law and Jurisdiction: These Terms are governed exclusively by the laws of British Columbia, Canada, without regard to its conflict of law provisions, except where local laws explicitly require otherwise. Any disputes arising under or related to these Terms shall be resolved exclusively in the courts of British Columbia, Canada. By using the app, you expressly agree that you will not bring claims against us under the laws of any jurisdiction other than British Columbia, Canada. Specifically excluded from application to these Terms is the United Nations Convention on the International Sale of Goods, as well as any other international treaties or conventions that might otherwise apply.

l. Export and Compliance: You may not use, export, or re-export the Licensed Application in violation of any applicable export laws or regulations, including those of the jurisdiction in which the Licensed Application was obtained. By using the Licensed Application, you represent and warrant that you are not located in a country subject to government embargoes or sanctions, nor are you on any restricted parties list maintained by applicable authorities.

m. Termination: We reserve the right to terminate or suspend your access to the app at our sole discretion, without prior notice or liability, for conduct that we believe violates these Terms or is harmful to other users of the app, us, or third parties, or for any other reason as determined by us in our sole discretion. When feasible, we will notify you of the reason for termination.

n. Acceptable Use: You agree not to use the app for any unlawful, harmful, or abusive activity, including but not limited to harassment, fraud, or the distribution of malicious software. You further agree not to interfere with or disrupt the app’s functionality or servers. Engaging in such prohibited conduct may result in suspension or termination of your license to use the app, as outlined above.