Terms of Service and Privacy Policy

Terms of Service

Effective October 8, 2026

These Terms of Service (the “Terms”) govern accounts and participation in the community website operated by MIDI Kinetics Software Inc. (the “Company”, “we”, “us” or “our”) at community.midikinetics.com (the “Community”). The Privacy Policy describes our handling of personal information relating to members and visitors.

1. Acceptance and scope

By affirmatively accepting these Terms when creating an account, you agree to be bound by them and acknowledge that you have had an opportunity to read the Privacy Policy. You represent that you have the legal capacity to enter into this agreement or have obtained the authorization of a parent or legal guardian where required by applicable law. If you do not agree, do not create an account.

These Terms apply to Community profiles, discussions, Community Gallery, the User Library and related features. Separate licence, purchase and support terms govern the Lemur application and other commercial products. Projects submitted to the User Library are additionally subject to the Project Submission Terms accepted for that submission. Those specific terms govern a project submission in the event of a conflict.

2. Accounts and permitted use

MIDI Kinetics Community provides a place to discuss Lemur and related technologies, share projects, and exchange knowledge. Please keep posts and discussions relevant to that purpose. We may remove off-topic content, including political debates and unrelated advocacy.

We may remove unsolicited advertising, solicitation, or repeated promotional content for competing products or services. Relevant discussion, comparisons, troubleshooting, and constructive criticism are welcome, including when they involve third-party products.

You must provide accurate account information, maintain control of your sign-in credentials and email address, and promptly notify us if you believe your account has been compromised. You are responsible for activity you authorize through your account. You must not impersonate another person, misrepresent an affiliation, circumvent access restrictions, interfere with Community operations or use another person's account without authorization.

You must not submit unlawful, infringing, defamatory, threatening, harassing or deceptive material; disclose another person's private information without lawful authority; distribute malware or credentials; send spam; or attempt unauthorized access to any system. You must have the rights and permissions necessary for the content and files you submit and comply with applicable laws and the licences of any third-party material.

3. Member content and intellectual property

You retain ownership of the content you submit. You grant the Company a non-exclusive, worldwide, royalty-free licence to store, reproduce, technically adapt, display and distribute that content solely as reasonably necessary to operate Community, including its search, previews, moderation, backups and the publication or downloads you choose to make available. This licence does not transfer your copyright or authorize us to sell your work independently.

Public submissions and public profile information can be viewed and copied by others. Keep confidential information out of public content. Removing content ends its routine publication through Community, subject to processing time, necessary backup retention and lawful record retention. Removal does not retrieve copies already downloaded, remove quotations or copies in other people's content, or revoke rights already granted under a file's licence. You acquire no rights in the Company's trademarks, software or other intellectual property except as expressly granted.

You are responsible for monitoring and enforcing your intellectual property rights. MIDI Kinetics does not undertake to investigate infringement on your behalf, submit takedown notices to third parties, pursue claims, or mediate or adjudicate disputes between users. We may take moderation action concerning content on Community without determining ownership or the merits of a legal claim. Nothing in this section limits our obligations under applicable law.

4. Moderation and availability

The Company may review, restrict, quarantine or remove content and suspend or terminate accounts for violations of these Terms, security or operational reasons, protection of members, or compliance with law. We may modify or discontinue Community features. These powers do not create a general obligation to monitor every submission or guarantee that objectionable content will be detected. You may contact Admin about a moderation decision or a concern about content.

5. Downloads and third-party services

Members are responsible for their own statements, projects and files. You are responsible for assessing whether a download, script, instruction or external service is suitable for your purposes and for taking appropriate precautions before using it. A listing, like, featured placement, moderation review or automated security check does not constitute an endorsement, certification or guarantee of safety, accuracy, compatibility or non-infringement.

Third-party websites, transactions and services are governed by their own terms and privacy practices. The Company is not a party to purchases made from independent creators and does not assume their obligations concerning licensing, support, refunds or warranties.

6. Disclaimer of warranties

To the fullest extent permitted by applicable law, Community and all member content and downloads are provided “as is” and “as available”, without any express, implied or statutory warranty or condition, including warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or availability. We do not warrant that Community or any file will be uninterrupted, error-free, secure or free of harmful components, or that defects will be corrected. No statement by a member creates a warranty on behalf of the Company.

7. Limitation of liability

To the fullest extent permitted by applicable law, MIDI Kinetics Software Inc. and its directors, officers, employees and agents shall not be liable for any loss, damage, claim, cost or expense arising out of or relating to Community, member conduct or content, downloads, third-party services, interruptions, data loss, or the inability to use Community, whether arising in contract, tort, negligence or otherwise, and whether or not the possibility of such loss was foreseeable or disclosed. This exclusion includes direct, indirect, incidental, consequential, special, exemplary and punitive damages and loss of profits, revenue, goodwill or data.

Nothing in these Terms excludes or limits liability for our fraud, wilful misconduct or gross negligence, or any liability that cannot lawfully be excluded or limited. Nothing waives any mandatory consumer, privacy or other statutory right or remedy. Where applicable law limits an exclusion, the exclusion applies only to the extent that law permits.

8. Indemnification

To the extent permitted by applicable law, you shall indemnify, defend and hold harmless MIDI Kinetics Software Inc. and its directors, officers, employees and agents from third-party claims, liabilities, damages and reasonable costs and legal fees to the extent arising from your unlawful use of Community, your breach of these Terms, or content you submit that infringes another person's rights. This obligation does not extend to the extent a claim is caused by the Company's own wrongful conduct.

We will provide reasonably prompt notice of a claim for which indemnification is sought and reasonable cooperation in its defence. You must not settle a claim in a manner that admits fault by, imposes obligations on, or fails to release an indemnified party without that party's prior written consent, which will not be unreasonably withheld.

9. Changes to these Terms and the Privacy Policy

We will identify revisions by their effective date and provide reasonable notice of material changes through Community or account communications before they take effect, unless an immediate change is required by law or to address an urgent security issue. We will obtain further consent where required by applicable law. Changes do not retroactively authorize new uses of personal information or alter rights in content already distributed under a separate licence.

10. Governing law and general provisions

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to any mandatory rights you have to bring proceedings elsewhere, disputes concerning these Terms are subject to the jurisdiction of the courts of British Columbia, Canada. Nothing prevents you from exercising a statutory complaint or regulatory remedy.

If a provision is found unenforceable, it shall be limited or severed to the extent necessary and the remaining provisions shall continue in effect. A failure to enforce a provision is not a waiver. These Terms and the applicable submission terms constitute the agreement concerning Community, without replacing separate product or purchase agreements. Provisions concerning intellectual property, accrued obligations, disclaimers, liability, indemnification and dispute resolution survive account closure to the extent necessary to give them effect.

For questions about these Terms, contact MIDI Kinetics Software Inc. through Contact Admin.

Privacy Policy

Effective October 6, 2026

This Privacy Policy describes how MIDI Kinetics Software Inc. handles personal information relating to Community members and visitors. The Terms of Service govern accounts and participation.

MIDI Kinetics Software Inc. is responsible for personal information under its control in connection with Community. We collect, use and retain information for reasonable purposes connected with providing and protecting Community, communicating with you and complying with applicable law. Acceptance of these Terms is not consent to unrelated marketing or to unnecessary collection, use or disclosure.

Information we handle

Account information includes your handle, email address, securely hashed password, verification and recovery records, and the version and date of your signup agreement. We also handle the profile information, posts, projects, photographs, files and correspondence you provide; saved topics, subscriptions, likes and preferences; and reports and moderation records. Operational information may include IP addresses, browser and device information, session records, security events and first-party usage statistics.

Your sign-in email address, password hash, saved-topic list and subscription preferences are not ordinary public-profile fields. Information you choose to publish, including your handle, profile picture, biography, tagline, public discussions, projects and Galleries, is visible to the audience of that feature. Published content may be indexed by search engines or copied by other people. Drafts and restricted content remain subject to their access controls.

How information is used

We use information to create and authenticate accounts, provide features you request, publish your contributions, deliver account and subscribed-topic messages, manage uploads, respond to requests, moderate content, prevent abuse, maintain service reliability and measure Community usage. Account verification and security messages are necessary for the relevant account operations. You can manage topic subscriptions through Community or the unsubscribe link in a notification; signup does not subscribe you to a marketing mailing list.

Sharing and service providers

We do not sell or rent your personal information, or share it with third parties for their independent advertising or marketing. We do not otherwise share private account information except as described here, with your consent, or as permitted or required by applicable law.

Hosting, email delivery, storage and security providers may process information on our behalf as necessary to provide those services. We remain responsible for information under our control and limit service-provider processing to appropriate operational purposes. Information may be processed outside British Columbia or Canada, depending on the provider, and may be subject to the laws and lawful access requirements of that jurisdiction. You may contact us for information about the providers and processing locations used for Community.

We disclose the content you choose to publish to its intended audience. We may also disclose information where lawfully necessary to comply with legal process, protect people or systems, investigate unlawful conduct, or establish, exercise or defend legal rights. Such disclosure is limited to what is appropriate for the lawful purpose.

Member posts may contain images hosted on third-party websites. Viewing such an image causes your browser to contact that host, which can receive your IP address and browser request information. Following an external link also communicates with the destination website. Those independent sites operate under their own privacy policies.

Projects and Galleries may include YouTube videos. Community displays locally hosted cover images and connects to YouTube only when you choose to play a video or follow its YouTube link. Playing uses YouTube’s privacy-enhanced embedded player. YouTube receives your IP address, browser information and the Community site’s origin, and handles that information under its own privacy policy.

Cookies and usage information

Community uses first-party cookies and browser storage for sessions, authentication, security, remembering interface state and counting project views. For anonymous User Library visitors, a first-party identifier helps avoid counting repeat views during a 24-hour period; signed-in views can be associated with the account. These statistics are approximate measures of usage. Community does not use third-party advertising or analytics trackers. Blocking cookies may prevent sign-in and other features from working.

Retention, account closure and deletion requests

You may request deletion of your account or personal information through Contact Admin. Account Management also provides an account-deletion process. We may request proportionate proof of identity before acting, to prevent unauthorized access or deletion. You can also request access to or correction of your personal information, or withdraw consent where applicable, subject to lawful exceptions and reasonable notice. We will explain any applicable restriction and respond within the period required by law.

Account closure removes your profile and Galleries and lets you choose whether to keep or delete your projects and forum contributions. Contributions you choose to keep are attributed to “Deleted member”; identifying details you wrote inside that content or its licence are not automatically rewritten. Deleting a topic you started also removes replies in that topic. Files may require additional processing time to be removed from storage.

We retain personal information only for as long as reasonably necessary for the purposes described in this policy or for lawful legal or business requirements, after which it is deleted or de-identified. Limited security, moderation, transaction or legal records may need to be retained for those purposes. Backup copies may persist until their normal rotation or expiry. Account deletion cannot recall previously sent emails, third-party downloads, search-engine caches or quotations and copies made by others. You may contact us about identifying information in retained content.

Safeguards and privacy concerns

We use reasonable technical and organizational safeguards appropriate to the sensitivity of the information. No system can guarantee absolute security. Please avoid submitting sensitive information that Community does not need. Direct privacy questions, access or deletion requests and complaints to the attention of the Privacy Officer, MIDI Kinetics Software Inc., through Contact Admin. You retain the right to contact the Office of the Information and Privacy Commissioner for British Columbia or another privacy regulator with jurisdiction.