Terms & Conditions

These Terms & Conditions (the “Terms”) form a binding agreement between you and FloorMusic.com (“FloorMusic,” “we,” “our,” or “us”) governing your use of FloorMusic.com (the “Website”), the FloorMusic mobile app (the “App”), and any music or other content we provide (collectively, the “Service”). By accessing or using the Service, purchasing music from us, or creating an account, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Definitions

• Website — FloorMusic.com, where you can browse and purchase music.
• App — the FloorMusic mobile application, including the Cloud Locker feature.
• Licensed Content — music tracks, samples, edits, and related files you purchase or download from the Service.
• User Content — music or other files you upload to the App.
• Authorized Team — the gymnasts who train regularly at the same gymnastics facility as the purchaser, together with the coaches and immediate support staff of that facility (or, for a home or independent gymnast, the individual gymnast and their immediate household and coaching staff).

2. Eligibility and Accounts

The Service is intended for adults — primarily parents, coaches, and gym owners — who manage music for gymnasts. You must be at least 18 years old to make purchases or create an account. If you are under 18, you may use the Service only with a parent or guardian who agrees to these Terms on your behalf and accepts full responsibility for your use.

You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use.

3. License to Use Purchased Music

When you purchase Licensed Content, FloorMusic grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use that music solely for the private gymnastics training, choreography, rehearsal, and live competitive performance of your Authorized Team. All rights not expressly granted are reserved.

You may not, and you agree not to permit anyone else to:

• Reproduce, copy, distribute, transmit, sell, resell, rent, lease, sublicense, or otherwise transfer the Licensed Content or any portion of it to any person outside your Authorized Team.
• Synchronize, combine, or pair the Licensed Content with any video, film, advertisement, broadcast, podcast, livestream, or other audiovisual or commercial work, in any medium and on any platform, including but not limited to YouTube, Instagram, TikTok, Facebook, Snapchat, X, Twitch, Vimeo, or any other social media, streaming, or video service.
• Use the Licensed Content in any monetized, sponsored, advertising-supported, branded, fundraising, promotional, or commercial context.
• Publicly perform, broadcast, webcast, livestream, or display the Licensed Content, except for live in-person gymnastics performance by your Authorized Team in the ordinary course of training and competition (and only where the venue or event organizer has obtained any necessary public-performance authorizations).
• Edit, remix, sample, mash up, layer, modify, alter, translate, or create derivative works from the Licensed Content, beyond the cuts and edits we provide.
• Remove, alter, or obscure any copyright, trademark, attribution, watermark, or other proprietary notice.
• Use the Licensed Content in any way that is unlawful, defamatory, obscene, hateful, or violates any third-party right.

You acknowledge and agree that any video recording of a routine that incorporates the Licensed Content — whether shared on social media, posted online, broadcast, or distributed in any way — is a use that is not covered by your purchase and requires separate licensing that you are solely responsible for obtaining. FloorMusic makes no representation that any such use is permitted.

Your license is automatically revoked if you violate any of these restrictions. Revocation does not entitle you to a refund, and we reserve all other rights and remedies.

4. The Cloud Locker (App Only)

The App includes a Cloud Locker that lets you store music and sync it across devices used by you and your Authorized Team for training and competition. You may upload only User Content that you have lawfully obtained and that you have the right to copy and store.

You retain ownership of your User Content. By uploading User Content, you grant FloorMusic a limited, worldwide, royalty-free license to host, store, transmit, transcode, index, and stream the User Content solely as necessary to operate the Cloud Locker for you and your Authorized Team.

You represent and warrant that (a) you have all rights necessary to upload your User Content and to grant the license above, and (b) your User Content does not infringe or violate any third-party right or any law. You are solely responsible for your User Content and for any consequences of uploading it.

We may, but are not obligated to, remove, suspend, or restrict access to any User Content at any time and for any reason, including in response to a copyright complaint, suspected violation of these Terms, or legal requirement.

The Cloud Locker is a sync convenience, not a guaranteed backup. We do not warrant that User Content will be retained, preserved, or recoverable, and you are responsible for maintaining your own copies. To the maximum extent permitted by law, we are not liable for any loss, corruption, or unavailability of User Content.

Upon termination or deletion of your account, we will delete the contents of your Cloud Locker within thirty (30) days, except where retention is required by law.

5. Refunds

If you’re not happy with a purchase, email us at info@floormusic.com within thirty (30) days of purchase and we’ll issue a full refund.

Refunds are conditioned on you ceasing all use of the refunded Licensed Content and deleting all copies in your possession or control (including from any device, the Cloud Locker, and any backup). Upon refund, your license to the refunded Licensed Content is revoked.

6. Pricing, Taxes, and Order Acceptance

All prices are listed in U.S. dollars and are exclusive of any applicable taxes, which will be added at checkout where required. You are responsible for all applicable taxes, duties, and other government charges associated with your purchase.

We reserve the right to correct pricing and product description errors at any time, and to refuse, cancel, or limit any order, including after order confirmation, where we believe the listed price was incorrect, the order was fraudulent, or the order otherwise violates these Terms. If we cancel an order you have already paid for, your sole remedy is a refund of the amount paid.

7. Acceptable Use

You agree not to:

• Use the Service in any unlawful, fraudulent, or harmful manner.
• Upload, transmit, or distribute any content that infringes any third-party right or violates any law.
• Attempt to access, scrape, copy, or harvest any portion of the Service or any data not intended for you.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service.
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or any related systems.
• Use any robot, spider, scraper, or other automated means to access the Service.
• Bypass, disable, or otherwise circumvent any security or access-control measure.

8. Intellectual Property

The Service and all Licensed Content, including all software, designs, logos, trademarks, audio recordings, text, graphics, and other materials, are owned by FloorMusic or our licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license expressly granted in Section 3, no rights are transferred to you. All rights are reserved.

9. Copyright Complaints

We respond to clear notices of alleged copyright infringement. If you believe content on the Service infringes your copyright, please email info@floormusic.com with: (a) identification of the copyrighted work, (b) the location on the Service of the allegedly infringing material, (c) your contact information, (d) a statement that you have a good-faith belief the use is not authorized, (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf, and (f) your physical or electronic signature.

10. Disclaimer of Warranties

THE SERVICE AND ALL LICENSED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOORMUSIC DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Information provided through the Service does not constitute legal advice. You are solely responsible for compliance with all applicable laws and the rules of any competition, sanctioning body, gym, school, league, or other organization in connection with your use of the Licensed Content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOORMUSIC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SPECIFIC PURCHASE GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED.

12. Indemnification

You agree to defend, indemnify, and hold harmless FloorMusic and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service or any Licensed Content; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

We will provide you with prompt written notice of any claim subject to indemnification. You will control the defense and settlement of the claim, provided that (i) you may not settle any claim that imposes any obligation on us or admits any fault by us without our prior written consent, and (ii) we may participate in the defense at our own expense with counsel of our choice.

13. Termination

We may suspend, restrict, or terminate your access to the Service, or revoke any license granted to you, at any time and for any reason, with or without notice. Upon termination, all licenses granted to you will end and you must stop using and delete any Licensed Content in your possession. Sections that by their nature should survive termination (including IP, indemnification, disclaimers, limitation of liability, dispute resolution, and miscellaneous provisions) will survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States and the State of South Carolina, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be brought exclusively in the state or federal courts located in South Carolina, and you consent to personal jurisdiction and venue there.

YOU AGREE THAT ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. ANY CLAIM NOT BROUGHT WITHIN THAT PERIOD IS PERMANENTLY BARRED.

15. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy) are the entire agreement between you and FloorMusic regarding the Service and supersede any prior agreements.
• Severability and reformation. If any provision of these Terms is found unenforceable, the court is authorized to modify the provision to the minimum extent necessary to make it enforceable, and all remaining provisions will remain in full effect.
• No waiver. Our failure to enforce any provision in any instance is not a waiver of our right to enforce that provision, or any other provision, in any other instance. Any waiver must be in writing and signed by us to be effective.
• Assignment. You may not assign or transfer these Terms or any rights under them without our written consent, and any attempt to do so is void. We may assign these Terms freely.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Notices. We may give notice to you by email to the address associated with your account or your most recent purchase, or by posting on the Website. Notice is effective when sent or posted, even if not actually received. You are responsible for keeping your contact information current. You may give notice to us at info@floormusic.com.

16. Apple App Store Terms (iOS App Only)

The following terms apply to your use of the App if you obtained it from the Apple App Store. These terms are in addition to the rest of these Terms and supplement (and where they conflict, govern) the rest of these Terms with respect to your use of the App on an Apple-branded device.

• These Terms are an agreement solely between you and FloorMusic, not with Apple Inc. (“Apple”). FloorMusic, not Apple, is solely responsible for the App and its content.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of FloorMusic.
• FloorMusic, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your use of it, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, FloorMusic, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Changes to These Terms

We may update these Terms from time to time. The Effective Date above will reflect the latest version. Your continued use of the Service after changes are posted means you accept the updated Terms.

18. Contact

Questions about these Terms? Email us at info@floormusic.com.