Thank you for accessing our application and its content (our “Services“).
If you create an account on behalf of an entity, you represent and warrant that you have the full authority to do so.
Information that we Publish
Access to our Services
In order to access and use our Services you must create a user profile with a nick-name and choose an avatar. In order to access our Services, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web and to download or access our Services .
You are solely responsible for ensuring that the use of our Services is in compliance with all laws, rules and regulations applicable to you, it being specified that any use of our Services that conflicts with any applicable law, rule or regulation is strictly prohibited.
We may, in our sole discretion, refuse to offer our Services to any specific person or entity and change our eligibility criteria at any time.
Intellectual Property Rights – EULA
You may not copy, modify, reverse-engineer or otherwise attempt to use our source code. The creation of derivative works of our Services (or any part thereof) is prohibited.
Any new features that augment or enhance our Services, including the release of new tools or resources, shall be subject to this section, unless such feature is accompanied by a specific license.
Apple, App Store, iPhone, iPad, iWatch, etc. are trademarks of Apple Inc. (“Apple“). Google, Google Play, etc. are trademarks of Google Inc. The logos related to those trademarks belong to Apple, respectively Google.
Our Services might allow you to submit content (the “User Content“).
You remain the owner of your User Content. Nevertheless, by submitting User Content through our Services, you grant us an unlimited in time (even after you stop using our Services), irrevocable, worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, store, reproduce, transfer, modify (including creating derivative works or translations), communicate, publish, publicly perform and display and/or distribute the User Content that you have submitted, this for the sole purpose of providing our Services. Furthermore, if you decide to share all or part of your User Content with other users of our Services, you authorize them to access, use and store such shared content, according to your sharing options.
You guarantee that (i) you have all the rights and authorization to grant the licenses to us or other users as mentioned above and that (ii) the content you submit doesn’t violate any norm, contractual obligation or third-party rights, especially intellectual property rights.
You understand that you are solely responsible for your User Content. We do not pre-approve or control User Content. Therefore, we are not in a position to give any guarantee whatsoever related to User Content, in particular with regard to its accuracy, morality, legality or currentness. Any reliance upon User Content shall be at your sole risk. We assume no liability for the User Content and the different opinions that may be included therein. Without limiting the foregoing, e may remove from our Services any User Content that, in our opinion, would be inadequate.
Price and Payment of our Services
Our paid plans and the rates related thereto are detailed in our Services and/or our Websites.
If you choose to subscribe to one of our paid plans, you accept to pay the corresponding price with a credit card or other types of payment methods required by Apple or other payment service providers.
Upon selection of a paid plan, you shall provide us (or our payment service provider) with some information that we need to charge you our Services (the “Billing Data“). You represent and warrant that your Billing Data are current, complete and accurate. You must promptly inform us (or our payment service provider) of any change (such as a change in billing address, credit card number in case of loss or theft or credit card expiration date). If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your ongoing paid plan under the last Billing Data that you have provided.
We offer different subscription periods so that you can choose the one that best satisfies your needs. Payment is made in advance for each subscription period and may be automatically charged to your credit card. If we are unable to receive your payment, for any reason whatsoever (technical problem, lack of funds, etc.), your subscription price (and any additional cost arising from our incapacity to receive your payment) shall be charged to you according to the method of our choice. We also reserve the right to cancel your subscription. The subscription price is due regardless of your actual use of our Services.
When your subscription period expires, it is automatically renewed, with the same subscription price, for the same contractual period, unless you cancel your subscription prior to the expiration of your current contractual period.
You may cancel your subscription at any time through our Services, the application store and/or your device’s settings. Should an ongoing subscription be cancelled, no refund will be made. Any unused of a free trail period, if offered, will be forfeited when you subscribe for a paid plan during the trial period.
We reserve the right to change our rates or subscription offers at any time and without prior notice.
We may from time to time offer a trial period for our Services without payment or at a reduced rate (“Trial Period”). We reserve the right to determine your eligibility for a Trial Period and to cancel or change the Trial Period at any time without prior notice.
We may require you to provide the Billing Data to start the Trial Period. By providing this information, you agree that unless you cancel your paid subscription prior to the end of the Trial Period, we may automatically begin charging you on the first day after the end of the Trial Period on a monthly or other recurring basis notified to you, until you cancel your subscription. If you do not want to be charged, you must cancel your subscription before the end of the Trial Period.
We may from time to time offer our Services to partnering teachers and music schools through vouchers or free subscriptions (“Special Offers“). We reserve the right to determine the beneficiaries of the Special Offer. The Special Offers will be limited in time and may be prolonged by us. The conditions for the end, renewal or modification of the Special Offers into a paid subscription will be detailed for each Special Offer and are at our absolute discretion.
In order to use our Services through Special Offers, you must have a valid account. To create an account, you must provide us with an electronic mail address, as well as other information (the “Access Data“). You are responsible for maintaining the confidentiality of your Access Data and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You represent and warrant that your Access Data are true, accurate, current and complete. We shall assume no liability in relation with your Access Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that it might be the case, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services or any portion thereof.
Links to Other Websites
Our Services and/or, as the case may be, our Websites might contain links which would take you outside of our networks and systems, especially towards partners’ websites. We accept no responsibility concerning the content or the functioning of these third-party websites. We cannot be held liable for the content of the websites towards which a link is proposed. The inclusion of a link to other websites does not imply our approval. We recommend you to carefully review the privacy and data protection policies as well as the general terms and conditions of each website you visit and of each online service you use.
When you communicate with us by email or otherwise through the Internet, you should take into account that the protection of emails and messages so transmitted is not guaranteed. Consequently, while sending by emails important or confidential messages, not encoded, you accept the risks linked to this uncertainty and the possible lack of confidentiality over the Internet.
The use of our Services and/or, as the case may be, of our Websites is at your own risk.
Our Services and/or, as the case may be, our Websites are offered “as they are” and “as they are available”. Consequently, we do not offer any guarantee related to them. We especially do not guarantee that (i) they will meet your requirements ; (ii) their content is exhaustive, exact, accurate, reliable, updated and does not transgress the right of third parties ; (iii) the access to them will not suffer any interruption or is error-free, nor that they are virus-free ; (iv) their defects will be corrected; (v) they are secured; or (vi) that any advice or opinion that they may include is exact and reliable.
Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY ON OUR PART, ON OUR BODIES’, AUXILIARIES’ AND/OR AFFILIATES’ PART, THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – OUR SERVICES (AND/OR, AS THE CASE MAY BE, OF OUR WEBSITES), IS EXCLUDED.
AS A PREREQUISITE TO YOUR USE OF OUR SERVICES (AND/OR, AS THE CASE MAY BE, OF OUR WEBSITES), YOU COMMIT YOURSELF TO INDEMNIFY US, OUR BODIES, AUXILIARIES AND/OR AFFILIATES, FROM ANY DAMAGE OR EXPENSE (INCLUDING LAWYERS’ FEES AND COURT COSTS) THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – OUR SERVICES (AND/OR, AS THE CASE MAY BE, OF OUR WEBSITES).
In particular, you shall not: (a) publish information of a third party, without his/her/its prior approval; (b) publish or transmit through our Services any unsolicited mailings or commercial proposals; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (such as using another person’s username, password, name, voice or photograph); (d) publish any content which might be, in our opinion, disturbing, defamatory, racist, obscene, violent, threatening, pornographic or otherwise unlawful, immoral, inappropriate and/or contrary to third-party rights; (e) publish any content that may be harmful to our security system or the one of third parties, such as computer virus, Trojans or any malicious computer software; (f) access our Services by any means other than through the interface that we provide; (g) use the Services in any other way that may be harmful, unlawful and/or contrary to morality.
Apple’s specific conditions
By using our Services via an application on a device provided by Apple or an application obtained through the Apple App Store, the following shall apply:
- Any question or claim related to our Services must be sent directly to: Swiss MusicLab GmbH, Müllheimerstrasse 61, CH-4057 Basel-Stadt (@: email@example.com).
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Services.
- In the event of any failure of our Services to conform to any applicable warranty, you may notify Apple to request reimbursement. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services, and no other claim, loss, liability, damage, cost or expense attributable to any failure to conform to any warranty can be required from Apple.
- In particular, Apple is released from any liability related to our Services, including, but not limited to: (i) product liability claims; (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, data protection or similar legislation.
- Apple is released from any liability related to the infringement by our Services of third-party intellectual property rights.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using our Services.
Statement on Privacy and Personal Data
Applicable Law and Jurisdiction
The place of jurisdiction shall be Basel-Stadt, Switzerland, subject to an appeal to the Swiss Supreme Court.