AirDrum Legal Policies

Terms of Service

Effective Date: October 23, 2025
Last Updated: October 23, 2025

1. Acceptance of Terms

By downloading, installing, or using the AirDrum application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

AirDrum is a gesture-based virtual drum kit application that uses your device's motion sensors to detect hand movements and translate them into drum sounds. The App requires physical movement of your device or movement near your device to function.

3. Assumption of Risk - Physical Device and Property

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) The use of AirDrum involves physical movement and gesture-based interaction that may include moving, shaking, or gesturing with your device.

b) You assume all risk of damage to your device, including but not limited to:

• Dropping your device during use
• Impact damage from striking surfaces
• Damage from excessive movement or force
• Screen damage, internal component damage, or cosmetic damage
• Damage to protective cases or accessories

c) You assume all risk of damage to surrounding property, including but not limited to:

• Damage to nearby objects from device impact
• Damage to furniture, walls, or other property
• Damage to other persons' property

d) You are solely responsible for ensuring:

• Adequate space for safe movement
• Secure grip on your device if holding it during use
• Removal of obstacles from your playing area
• Use of protective cases or straps at your discretion
• Appropriate surface if placing device on a stand

4. Physical Safety Warning

IMPORTANT SAFETY INFORMATION:

• Always be aware of your surroundings when using the App
• Ensure adequate clearance around your playing area
• Do not use while walking, driving, or operating machinery
• Take regular breaks to avoid repetitive strain injury
• Stop use immediately if you experience pain, discomfort, or fatigue
• Not recommended for users with certain physical conditions that may be aggravated by repetitive arm movements
• Keep device away from face and other people during use

5. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF THE APP
• UNINTERRUPTED OR ERROR-FREE OPERATION

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) IN NO EVENT SHALL ASYNCAUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Physical injury to persons
• Damage to your device or other property
• Lost profits or data
• Cost of substitute goods or services

b) OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

c) THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

7. Indemnification

You agree to indemnify, defend, and hold harmless AsyncAudio and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Damage to property or injury to persons resulting from your use of the App
• Your violation of these Terms
• Your violation of any third-party rights

8. Age Requirements

You must be at least 13 years old to use the App independently. Children under 13 may use the App under parental supervision. If you are under 18, you must have parental or guardian consent. Parents and guardians accept these Terms on behalf of minor users and are responsible for supervising minors' use of the App and ensuring safe usage practices.

9. In-App Purchases

• The App offers optional in-app purchases for additional drum kits
• All purchases are final and non-refundable except as required by law
• Purchases are tied to your Apple ID
• We are not responsible for lost purchases due to device changes or account issues
• Restore functionality is provided for previously purchased content

10. Intellectual Property

• All content, features, and functionality of the App are owned by AsyncAudio
  
• Audio samples, sounds, and drum kits are licensed for personal, non-commercial use only
• You may not redistribute, resell, or extract audio content from the App
• You may not reverse engineer or attempt to extract source code

11. User Conduct

You agree not to:

• Use the App for any illegal purpose
• Attempt to gain unauthorized access to the App or its systems
• Interfere with the proper working of the App
• Use the App in any way that could damage, disable, or impair the service

Sample Usage Restrictions:

You expressly agree that you will NOT:

• Resell, redistribute, or share any audio samples, drum sounds, or kits from the App as standalone sample packs, sound libraries, or audio content collections
• Create derivative sample packs or sound libraries using the App's audio content for commercial distribution
• Extract, isolate, or export individual samples or sounds for redistribution, whether free or paid
• Bundle, repackage, or include the App's audio content in any sample pack, preset collection, template, or sound library for distribution
• Market, advertise, or sell the App's sounds as your own sample pack or audio content, even if processed, edited, or modified
• Use the App's audio content to create competing drum apps or virtual instruments containing the redistributed samples
• Upload individual samples or collections to sample-sharing websites, marketplaces, or platforms
• Claim ownership or authorship of the drum samples contained within the App

Permitted Uses:

• You MAY use the sounds in musical compositions, recordings, and performances
• You MAY use the sounds in videos, podcasts, and other creative content
• You MAY commercially release music created using the App's sounds
• You MAY perform live using the App
• These permissions apply ONLY to final musical works, not to isolated sample distribution

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including violation of these Terms.

14. Governing Law

These Terms shall be governed by the laws of [Your State/Country], without regard to conflict of law provisions. Any disputes shall be resolved in the courts of [Your Jurisdiction].

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms, contact us at:
Support@AsyncAudio.com

Privacy Policy

Effective Date: October 23, 2025
Last Updated: October 23, 2025

1. Information We DO NOT Collect

AirDrum is designed with privacy in mind. We DO NOT collect, store, or transmit:

• Personal identification information
• Device identifiers
• Location data
• Usage analytics
• Behavioral data
• Contact information
• Health or fitness data beyond motion detection for app functionality

2. Information Used Locally

The App uses the following information solely on your device:

• Motion Data: Accelerometer and gyroscope data to detect drum gestures (processed in real-time, not stored)
• Audio Settings: Your volume and audio preferences (stored locally)
• Purchase History: In-app purchase records (managed by Apple, restored via StoreKit)
• Downloaded Content: Drum kit audio files (stored in app's local directory)

3. CloudKit Usage

We use Apple's CloudKit solely for:

• Delivering drum kit content you choose to download
• Synchronizing purchased content across your devices
• No personal data is stored in CloudKit
• CloudKit operations are governed by Apple's privacy policy

4. Third-Party Services

Apple Services:

• StoreKit: For in-app purchases (governed by Apple's privacy policy)
• CloudKit: For content delivery (governed by Apple's privacy policy)
• We do not integrate any third-party analytics, advertising, or tracking services

5. Data Security

• All data remains on your device
  
• We cannot access your device data
  

6. Children's Privacy

• The App does not knowingly collect information from children under 13
• No personal information is collected from any users
• Parents should supervise children's use of the App for safety

7. Your Rights

Since we don't collect personal data, there is no personal data to:

• Access
• Correct
• Delete
• Port to another service

8. Changes to Privacy Policy

We may update this Privacy Policy periodically. The "Last Updated" date will reflect any changes.

9. Contact Us

For privacy-related questions:
Support@AsyncAudio.com

Liability Disclaimer & Safety Notice

IMPORTANT: READ BEFORE USING AIRDRUM

Physical Movement Warning

This App requires physical movement and gesture-based interaction. By using AirDrum, you acknowledge and accept the following risks:

Device Damage Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT:

1. Risk of Device Damage: Using AirDrum may result in dropping, impacting, or otherwise damaging your device

2. No Liability: We are NOT responsible for any damage to your device, including:

   • Cracked screens
   • Internal damage
   • Cosmetic damage
   • Damage to cases or accessories
   • Water damage from sweating hands

3. Your Responsibility: You are solely responsible for:

   • Securing your device during use
   • Using protective equipment (cases, straps, etc.)
   • Choosing appropriate playing positions
   • Maintaining safe distances from objects

Safety Recommendations

STRONGLY RECOMMENDED:

• Use a protective case
• Consider a wrist strap or grip attachment
  
• Ensure 3+ feet clearance in all directions
• Never use while walking or in motion
• Take breaks every 15-20 minutes
• Stop if experiencing any discomfort

Medical Disclaimer

• Not intended as exercise equipment
• May cause repetitive strain with extended use
• Consult a physician if you have arm, wrist, or shoulder conditions
• Not recommended for users with certain medical conditions
• Stop use if you experience pain, numbness, or tingling

Property Damage

You assume all responsibility for damage to:

• Surrounding property
• Other people's belongings
• Walls, furniture, or fixtures
• Any items struck during use

Release of Liability

By using the App, you RELEASE Async Audio from ALL liability related to:

• Physical injury
• Device damage
• Property damage
• Economic losses
• Any consequential damages

Acknowledgment of Risk

I UNDERSTAND AND ACKNOWLEDGE THAT:

• Using this App involves physical activity
• There is inherent risk of device damage
• I am voluntarily assuming these risks
• I will use the App responsibly and safely

Website Terms of Use

Acceptance

By accessing our website, you agree to these terms.

Website Use

• For informational purposes only
• No warranties on website availability
• We may modify content without notice

Links to App Stores

• Links to Apple App Store are provided for convenience
• Downloads and purchases are governed by Apple's terms
• We are not responsible for App Store availability

Limitation of Liability

We are not liable for any damages arising from website use.

Copyright

All website content is © 2025 Async Audio LLC. All rights reserved.

End User License Agreement (EULA)

License Grant

We grant you a limited, non-exclusive, non-transferable license to use AirDrum for personal, non-commercial purposes.

Restrictions

You may not:

• Modify, reverse engineer, or decompile the App
• Extract audio samples or other content
• Use for commercial purposes without written permission
• Redistribute or resell the App or its content
• Remove any proprietary notices

Ownership

All rights, title, and interest in the App remain with AsyncAudio.

Termination

This license terminates immediately upon your breach of these terms.

NO WARRANTY

THE APP IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER.

LIMITATION OF LIABILITY

OUR LIABILITY IS LIMITED TO THE AMOUNT PAID FOR THE APP.

California Residents - Additional Rights

If you are a California resident, you have additional rights under California law, including:

• Right to know about personal information collected (Note: We collect none)
• Right to delete personal information (Note: We store none)
• Right to opt-out of sale of personal information (Note: We do not sell any information)
• Right to non-discrimination

GDPR Compliance (EU Residents)

For European Union residents:

• Legal Basis: We do not process personal data
• Data Controller: Not applicable (no data collection)
• Data Protection Officer: Not required (no data processing)
• Your Rights: Standard GDPR rights are moot as no personal data is collected
• Supervisory Authority: You may contact your local data protection authority

AirDrum Beta Privacy Policy

This privacy policy applies only to the pre-release (beta) version of AirDrum distributed through TestFlight.

1. Information We Collect

AirDrum does not collect or transmit any personal data. The app does not require an account, login, or external server connection. All drum processing and gesture recognition occurs locally on your device.

Through TestFlight, Apple may provide Async Audio with the following diagnostic information:

• Device model

• iOS version

• Crash logs

• General usage data (e.g., session length)

  These diagnostics are anonymized and controlled by Apple.

2. How Information Is Used

Diagnostic information is used solely for:

• Improving app performance

• Fixing bugs

• Ensuring compatibility across devices

We do not share tester data with third parties.

3. Data Storage

AirDrum does not store or upload any user data to external servers. All audio, gestures, and usage remain on your device.

4. Third-Party Services

Aside from Apple’s TestFlight framework, AirDrum uses no third-party analytics, tracking tools, or online services in the beta app.

5. Opting Out

You can stop participating at any time by deleting the TestFlight app or removing the AirDrum beta from your device.

6. Contact

If you have questions or want any diagnostic data removed, you can contact:

support@asyncaudio.com