Windy Town – Terms of Service

Revised: July 18, 2026

1. Welcome and Acceptance of Terms

Welcome to Windy Town ("Windy Town," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of WindyTown.com, any other websites operated by Windy Town that link to these Terms, and the Windy Town universal applications for iOS, iPadOS, and macOS, together with any related content, products, services, downloads, or features offered through them (collectively, the "Services"). By accessing or using the Services, you agree to be legally bound by these Terms. If you do not agree, do not use the Services. Your continued use of the Services constitutes acceptance of any revised Terms, which may be updated from time to time without notice.

2. Eligibility and Capacity

By using the Services, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

3. Changes to the Terms

Windy Town may revise these Terms at any time by updating this page. It is your responsibility to review the Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

4. Contact Information

The Services are owned and operated by Windy Town, based in Illinois. All inquiries, complaints, or legal notices should be directed to: Email: info@windytown.com

5. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. The Privacy Policy also describes how the Windy Town applications handle microphone access and locally stored recordings. The Privacy Policy is incorporated into these Terms by reference.

6. Registration and Account Security

Some areas of the Services may require registration. You agree to provide accurate, current, and complete information and to keep it updated. Windy Town reserves the right to suspend or terminate accounts with inaccurate or incomplete information.

You are responsible for maintaining the confidentiality of your username and password and for all activity conducted under your account.

7. Intellectual Property Rights

All content available through the Services—including text, music, audio recordings, sheet music, videos, images, software, trademarks, logos, and designs ("Materials")—is owned by or licensed to Windy Town and is protected by U.S. and international intellectual property laws. Nothing in these Terms grants you any ownership rights in the Materials.

8. Permitted Use

You may access and use the Services and Materials for personal, non-commercial use unless otherwise expressly authorized in writing by Windy Town.

You may not:

- Copy, reproduce, distribute, sell, license, or exploit any Materials without authorization
- Extract, rip, or redistribute audio recordings, play-along tracks, sheet music, or other Materials bundled within the Windy Town applications
- Modify, reverse engineer, decompile, or disassemble any software, including the Windy Town applications
- Use Materials on another website or networked environment
- Remove copyright, trademark, or proprietary notices

9. Commercial Transactions and In-App Purchases

The Services may offer products or services for sale, including digital downloads, physical goods, and in-app purchases. All sales are subject to additional terms disclosed at the point of purchase. Purchases made through a Windy Town application on the Apple App Store, including in-app purchases within TrumpetStudio, are additionally governed by Apple's Licensed Application End User License Agreement and Apple Media Services Terms and Conditions. In the event of a conflict between this section and Apple's applicable terms for a given transaction, Apple's terms control that transaction. Windy Town does not guarantee availability, compatibility, or uninterrupted access to purchased content.

10. User Content

"User Content" means content you intentionally submit or post publicly through the Services (such as forum posts or comments).

By submitting User Content, you grant Windy Town a royalty-free, perpetual, non-exclusive, worldwide license to use, reproduce, distribute, display, modify, and promote such content in any media.

You represent that:

- You own or control all rights to the User Content
- The content does not infringe the rights of others
- The content is lawful and appropriate

Private communications and unsolicited creative submissions are not treated as User Content. User Content also does not include recordings or other data stored locally on your device by the Windy Town applications, as described in Section 11.

11. Microphone Access, Recordings, and Locally Stored Data

The Windy Town applications include practice tools that use your device's microphone, such as the "Record Yourself" feature in TrumpetStudio. Microphone access is used only when you actively start a recording and only after you grant permission through your device's operating system. You may revoke microphone permission at any time in your device settings; doing so disables recording features but does not affect the rest of the application.

All recordings you create are stored locally on your device within the application's private storage. Recordings are never uploaded to, transmitted to, collected by, or accessible to Windy Town or any third party through the Services. You retain all rights, title, and interest in your recordings, and you grant Windy Town no license to them.

Other application data—such as practice schedules, practice logs, timer and metronome settings, and preferences—is likewise stored only on your device and is not transmitted to Windy Town.

You are solely responsible for your recordings, including ensuring that any recording you make complies with applicable law. Because recordings exist only on your device, deleting the application—or deleting a recording within it—permanently removes that content, and Windy Town cannot access, restore, or recover it. You are responsible for maintaining your own backups of any recordings you wish to keep (for example, through your normal device backup).

12. Prohibited Conduct

You agree not to use the Services to:

- Violate any law or regulation
- Infringe intellectual property or privacy rights
- Upload malicious code or harmful content
- Harass, defame, threaten, or exploit others
- Misrepresent identity or affiliation
- Engage in unauthorized commercial solicitation
- Disrupt operation or security of the Services

Windy Town reserves the right to remove content or restrict access at its sole discretion.

13. Unsolicited Submissions

Windy Town does not accept unsolicited creative submissions (including music, scripts, concepts, or manuscripts). Any such materials may be deleted or discarded without review and will not be treated as confidential.

14. Disclaimer of Warranties

THE SERVICES AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINDY TOWN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINDY TOWN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS, INCLUDING ANY LOSS OF RECORDINGS OR OTHER DATA STORED ON YOUR DEVICE. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

16. Indemnification

You agree to indemnify and hold harmless Windy Town, its officers, employees, agents, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of the Services or violation of these Terms.

17. Third-Party Links

The Services may link to third-party websites. Windy Town does not control or endorse those sites and is not responsible for their content, policies, or practices.

18. Termination

Windy Town may suspend or terminate your access to the Services at any time, with or without notice, for any violation of these Terms.

19. Governing Law and Arbitration

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Any dispute shall be resolved by binding arbitration in Peoria, Illinois, under the JAMS Streamlined Arbitration Rules. You waive any right to participate in a class action.

20. Severability

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

21. Entire Agreement

These Terms constitute the entire agreement between you and Windy Town regarding use of the Services.

22. Copyright Infringement (DMCA Notice)

If you believe your copyrighted work has been infringed, please send a written notice including all required DMCA information to:

Copyright Agent
Windy Town
Email: info@windytown.com