These terms of service (the “Terms”) govern your access to and use of Yousician Ltd´s (hereinafter “Yousician” or “us/we”) services, products, applications and websites (collectively the “Services”), so please carefully read them before using the Services. If you do not agree to these Terms, please stop using the Services.
You represent and warrant that you understand and agree to these Terms and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Services. The Services are intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating user accounts in the Services.
BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICES, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. USE OF THE SERVICES IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, DO NOT USE THESE SERVICES IF YOU DO NOT AGREE.
Should you have any questions relating to Terms, please contact us at firstname.lastname@example.org.
Yousician reserves the right to change or modify these Terms at any time, so please review it frequently to be aware of Changes (as defined herein). Yousician has the right, at any time, to:
Subject to certain limitations as described herein, you are granted the right to access our games, text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Service Content”) under certain terms and conditions as set forth in this Agreement.
Some of the Services are not compatible with all mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use any of the Services offered by us. In order to use the Services, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Service Content. Please note that download and use of software content may be subject to an additional license agreement.
Subject to your acceptance of these Terms and your compliance with them, Yousician grants you a limited, non-exclusive, non-transferable license to use and display the Services and related software (only the executable version, excluding source) and any other Service Content for, unless otherwise stated, your personal non-commercial use. You may not use such the same for any purpose other than the permitted use of the Services and related software. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Yousician. Your license to use the Services and related software(s) is automatically revoked if you violate these Terms.
Yousician reserves the right to modify the license granted in this section and the restrictions described in these Terms, including, without limitation, by charging fees therefor and/or making certain features available that may invite you to use the Service Content in a manner not described in these Terms. However, charging fees will always be subject to your approval. Yousician may add, change, discontinue, remove or suspend any of the Service Content at any time, without notice and without liability.
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (collectively “Registration Data”). You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services, as applicable. Once registered for the Services, you shall receive a unique user ID and password in connection with your account. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.
You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Yousician of any unauthorized use of your account. Yousician reserves the right to suspend or terminate your account at any time and for any reason.
The Services may contain links to third-party websites or resources. Yousician assumes no responsibility for such third-party services and/or content in third-party services and does not endorse the related content, products, or services. Further, such third-party websites or resources may be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services.
You are solely responsible for your use of any such websites or resources and you agree to access external locations at your own risk. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You agree that Yousician shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Yousician.
Unless otherwise specified in writing on the Services, all materials that are part of the Services (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other Service Content are owned, controlled or licensed by Yousician and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
Your use of the Service Content is governed by these Terms. Copyright to third-party content appearing on the Services are the property of their respective owners. Yousician and GuitarTuna are trademarks and service marks of Yousician or its parent or its or their affiliates. All other trademarks and service marks appearing on the Services are the property of their respective owners, including, in some instances, Yousician. All rights are reserved. Except as expressly provided in these Terms, Yousician does not grant any express or implied rights to use material proprietary to Yousician. You may not display our Services or content in frames or “in-line links” without express written permission from us.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Services (including Service Content not created by you), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services, except as expressly permitted herein, without the express prior written permission of Yousician and the owner of such Service Content (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
Any communications or materials you transmit to Yousician as part of the Service, by an application, website, e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, videos, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and nonproprietary. The Services may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute, broadcast, and comment on content and materials to Yousician and/or to or via the Services, including, without limitation, text, writings, compositions, notes, videos, photographs, videos, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Service Content , “User Content”).
Any rights, licenses, or permissions to User Content granted to Yousician include Yousician’s affiliates and are transferable to Yousician’s successors.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit, publish and share the User Content you submit, including the right to grant all of the rights and licenses in these Terms without Yousician incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You shall be solely responsible for the User Content and the consequences of submitting, publishing, and sharing the User Content on the Service.
You retain all of your ownership rights in the User Content you submit and/or share with Yousician. However, by submitting and/or sharing the User Content with Yousician, you hereby grant to Yousician a sublicensable, transferable, worldwide, and royalty-free non-exclusive license in the User Content. Yousician can use, reproduce, distribute, prepare derivative works of, display, and perform all or any portion of the User Content, in connection with the Services, and other services and products, of Yousician (and its successors and affiliates), including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels..
You also grant to Yousician the right to sub-license and authorize others to exercise any of the rights granted to Yousician under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Yousician under these Terms. Without limiting the generality of the foregoing, you authorize Yousician to publish your User Content in a searchable format that may be accessed by users of the Services and in the internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under these Terms.
The above licenses granted by you in the User Content you submit to or share with Yousician may terminate within a commercially reasonable time after you (i) remove or delete the User Content from the Services and (ii) notify Yousician of the request for termination via an email to email@example.com. In case of termination, derivative works that other users have made based on User Content that you submitted or shared will not normally be removed, but if you would like it to be please contact firstname.lastname@example.org.
You further agree that Yousician is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you submit in Services or send to the Yousician, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind.
If you discover any content in the Service that you believe infringes your copyright (“Disputed Content”), please report this to Yousician, as follows:
A. You may send Yousician a written copyright infringement notification pursuant to Section 191 of the Finnish Information Society Code. Please make sure that you include the following information in your notification:
B. Your notice concerning the claimed infringement should be sent to Yousician by email to email@example.com and/or by mail to the following address:
C. Alternatively, if you reside in the United States and wish that your copyright infringement notification is considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please make sure that you include the following information in your notification:
D. Your notice concerning the claimed infringement should be sent to Yousician’s designated copyright agent by email to firstname.lastname@example.org and/or by mail to the following address:
Yousician has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint Yousician as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
Yousician will terminate the accounts of any users who repeatedly use the Services to infringe copyright.
As a user of the Services, you agree that your User Content, and your conduct on the Services will not:
In addition, your activities on the Services and in connection with the Service Content not:
Yousician does not control or endorse the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the Services and, therefore, Yousician specifically disclaims any responsibility with regard thereto.
You may access parts of Service(s) for free, and other services and products require payment of subscription and/or other fees. By choosing to access the paid content and making the payment you authorize us to charge your credit card or other approved payment facility for all the costs and charges (including any additional payment processing fees which may be applicable) you incur by choosing to access the paid content. Fees may be based on one-time or renewing payments as more fully described in the Service. If you choose to sign up for a monthly or other timely based membership you understand and authorize that your account will automatically renew until cancelled, and give permission for such billing transactions to take place. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your account(s), including your family members or friends. Please note that we may use a third-party payment processor to facilitate your payments. If you make a purchase through the Apple iTunes Store or our Mac, iPhone or iPad applications your purchase will be subject to Apple’s applicable payment policy.
By providing payment information to us, you represent that the payment information is valid.
Both our mobile and online subscription plans are billed as one payment for the term. This means, for example, that if you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a yearly plan or monthly plan, you will be charged for the entire year or monthly term at one time. The pricing terms applicable to your account may vary depending on promotions, type of subscription and the term you select at the time of purchase.
When you register for paid-for parts of our Service(s), including any services and products that require payment of subscription and/or other fees, you may be eligible for a free trial period for your purchases. This may vary depending on promotions, type of subscription and the term you select at the time of purchase. At the end of the free trial period your subscription for such paid-for parts of our Service(s) will continue as a paid-for subscription billed on a recurring basis until you cancel your paid-for subscription (turn off automatic renewal in your user preferences in the Service). If you cancel your paid-for subscription, then your subscription will continue only for those parts of our Service(s) that you may access for free.
If you have registered for a paid-for subscription, you may however change your mind and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”) from your subscription for such paid-for parts of our Service(s) provided that during that Cooling-off Period you have not at any time accessed our Service(s).
All subscriptions renew automatically using the payment details you have provided for your account, and as such payment details are updated from time to time. When you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information for the renewal fee. If you signed up with a promotion, your renewal rate may be higher than your initial rate. Auto-renewal of the subscriptions made on our site can be cancelled at any time before the renewal date from your profile or account settings or by contacting our support. Cancelling auto-renewal of the subscriptions made on our mobile apps is bound to the terms and conditions and applicable payment policy the store operator (e.g. Apple Inc.) has set for the purchasing account.
Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you an opportunity to review those changes to your subscription. Applying those changes to your account or charging your payment details in connection with an automatic renewal is subject to you approval of the changed pricing.
Except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE, however, without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store. The monthly and yearly recurring plans or any one-time payments and features for use in the Services is a service that commences immediately upon our acceptance of your purchase.
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Yousician may distribute content supplied by third parties and users of the services and may provide links to external locations operated by third parties. All communication expressed or made available by third parties whatsoever, including, without limitation, by other users, is solely made by the respective author(s) or distributor(s), and Yousician does not guarantee the accuracy, completeness or usefulness thereof, or its merchantability or fitness for any particular purpose; nor do they make any guarantee, endorsement or warranty with respect thereto.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT YOUSICIAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT YOUSICIAN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YOUSICIAN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE YOUSICIAN BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO YOUSICIAN.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
You agree to defend, indemnify and hold harmless, Yousician, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all claims and expenses, including attorneys’ fees and costs, arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Yousician shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Yousician, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Yousician’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You may terminate this Agreement by deleting your account and thereafter by ceasing to use the Services. If you have any subscription, and terminate this Agreement before the end of your such subscription, we are unable to offer any refund for any unexpired period of your subscription.
Yousician may suspend your access to the Services and/or terminate this Agreement at any time if (i) you are deemed to be a repeat infringer as described above; (ii) in any way breach any provision of these Terms or related policies or guidelines; (iii) Yousician elects at its discretion to cease providing access to the Services in the jurisdiction where you reside or from where you are attempting to access the Services, or (iv) in other reasonable circumstances as determined by Yousician at its discretion.
Upon termination for any reason, you must cease all use of the Services. Your termination for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We also reserve the right to delete your account with no active paid subscriptions if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any paid-for features associated with that account and no refund will be offered to you in relation to the same.
Yousician reserves the right to discontinue any aspect of the Services at any time.
These Terms will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled at District Court of Helsinki, Finland having the sole jurisdiction. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST YOUSICIAN ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the matter cannot be resolved through negotiation, you may, as a consumer, also submit the matter to the Consumer Disputes Board ( Kuluttajariitalautakunta ) for resolution. The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.