Terms and Conditions of My Guitar Partner
Effective Date: May 2, 2024
Welcome to My Guitar Partner (“We”, “Us” and “Our”) ! We provide and manage the Application and Service. "You" and "Your" refer to you, the user, whether as an individual or an entity, who uses our Application and Service. The term "Application" refers to the software provided by us that you use, which may be accessed via a mobile device or web browser, and "Service" encompasses all functionalities, programs, features, and content delivered through the Application. These Terms and Conditions, along with any other related agreements or legal relationships with us, govern your use of our Application and Service in a legally binding way.
Scope of the Application
1.1. This Application includes:
1.1.1. This website, its subdomains, and any other website through which our services are offered.
1.1.2. Mobile, tablet, and other smart device applications.
1.1.3. Any related documentation, software, code, scripts, and content files included as part of the Service.
Usage Terms
2.1. By accessing and utilizing the services of My Guitar Partner, you agree to the following conditions:
2.1.1. You affirm that you are not residing in, nor are you a citizen of, any nation that is currently under an embargo imposed by the U.S. Government, nor are you situated in any country designated by the U.S. government as a "terrorist-supporting" country.
2.1.2. You confirm that you are not in the U.S. Government list of prohibited or restricted parties.
2.1.3. You declare that you meet the eligibility requirements set forth for either a Consumer or Business User. You acknowledge that specific conditions and restrictions may apply to your use of the service, which will be specified as necessary.
Account Registration
3.1. To gain access to enhanced features of the Service, it is necessary to create an account. The following steps and precautions must be adhered to during and after registration:
3.1.1. When registering an account, you must provide complete and accurate information as requested. It is crucial that this information remains current and truthful throughout your use of the Service.
3.1.2. You are solely responsible for maintaining the confidentiality and security of your account login credentials, including your username and password. It is imperative that you take all necessary precautions to prevent unauthorized access to your account.
3.1.3. If at any point you suspect that your account has been compromised, or if you become aware of any unauthorized use of your login credentials, you must notify our support team immediately. Prompt notification helps prevent further damage or misuse of your account.
3.1.4. Preventative Measures
3.1.4.1. Regularly update your passwords.
3.1.4.2. Avoid using easily guessed passwords.
3.1.4.3. Use a unique password that is not shared with other accounts.
3.1.4.4. Consider enabling two-factor authentication (2FA) if available, to add an additional layer of security.
Data Protection and Privacy
4.1. We are committed to protecting your privacy. Information collected about you is subject to our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal data. We encourage you to read our Privacy Policy carefully to understand our practices regarding your personal information. By using our Application, you agree to the processing of data as described in our Privacy Policy and warrant that all data provided by you is accurate.
User Conduct
5.1. As a user of this Application, you are expected to adhere strictly to all applicable laws and the terms outlined below. Your commitment to these standards is essential for maintaining a respectful and lawful environment:
5.1.1. Lawful Use
5.1.1.1. You must use the Application solely for lawful purposes. Any use of the service that violates local, state, national, or international laws is strictly prohibited.
5.1.2. Content Standards
5.1.2.1. You are prohibited from posting, sharing, or transmitting any content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
5.1.2.2. Explicitly forbidden content includes, but is not limited to, explicit sexual material, content promoting violence, and content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
5.1.3. Intellectual Property Rights
5.1.3.1. You must respect the intellectual property rights of others. This includes abstaining from uploading, downloading, or distributing any content or materials for which you do not have the legal right or necessary permissions.
5.1.3.2. Any infringement of copyrights, trademarks, patents, trade secrets, or other proprietary rights is prohibited.
5.1.4. Prohibited Activities
5.1.4.1. Engaging in activities that disrupt the service or interfere with other users' experiences is prohibited. This includes deploying malware or viruses, and any attempts to gain unauthorized access to the service, other accounts, computer systems, or networks connected to the service.
5.1.4.2. Activities such as flooding, spamming, mail-bombing the service, or conducting phishing attacks are strictly forbidden.
5.1.5. Reporting Violations
5.1.5.1. If you encounter any violations of these User Conduct guidelines or other aspects of the Terms of Service, you are encouraged to report them to our support team immediately. We are committed to taking appropriate actions to address such issues in a timely manner.
Accessibility
6.1. We are committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying relevant accessibility standards to enhance user comfort. Please contact our support team if you encounter any accessibility barriers.
Subscriptions and Payments Policy
7.1. For your convenience and to enhance your experience, some of our services or content are offered through paid subscriptions. Please carefully review the following details regarding our subscription and payment policies:
7.1.1. Subscription Services
7.1.1.1. Certain features of our Application may be accessible only through a subscription-based model. These features may include advanced functionalities, exclusive content, or premium service options.
7.1.1.2. Subscriptions are billed in advance on a recurring basis, and will automatically renew at the end of each subscription period unless cancelled prior to the renewal date.
7.1.2. Pricing and Payment Terms
7.1.2.1. All prices and applicable taxes or fees for the services will be stated at the time of purchase. Pricing details will be clear and transparent throughout the purchasing process.
7.1.2.2. We accept various forms of payment, which may include credit cards, debit cards, and other online payment methods. The available payment methods will be specified during the checkout process.
7.1.2.3. It is important to ensure that all payment information is accurate and updated to avoid service disruption due to failed transactions.
7.1.3. Automatic Renewal
7.1.3.1. To ensure uninterrupted service, our subscriptions automatically renew at the end of the billing cycle. You will receive a reminder notification prior to any renewal with details regarding the renewal terms and any changes to the fees.
7.1.3.2. The charge for each renewal period will be the same as the prior period, unless you are notified of a price increase, at which point you will have the option to cancel if you do not accept the new pricing.
7.1.4. Managing Your Subscription
7.1.4.1. You have full control over your subscriptions through your user account settings. Here, you can manage your subscription preferences, such as upgrading or downgrading service tiers, and viewing your next billing date.
7.1.4.2. If you wish to cancel your subscription, you may do so at any time through your account settings. Your cancellation will take effect at the end of the current paid term.
7.1.5. Cancellation and Refunds
7.1.5.1. You may cancel your subscription at any time. However, please note that refunds are typically not provided for any remaining time in your subscription period unless required by law or specified in the subscription terms.
7.1.5.2. Upon cancellation, you will continue to have access to the subscribed services until the end of your current billing period.
Right of Withdrawal and Cancellation
8.1. Right of Withdrawal
8.1.1. You have the right to withdraw from an online contract within 14 days from the day of the contract's conclusion, without needing to provide any justification. This cooling-off period allows you to reconsider your online purchases and decide whether they meet your needs without any penalty.
8.2. How to Exercise Your Right of Withdrawal
8.2.1. To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract within the 14-day period. This notification can be made through any clear statement (e.g., a letter sent by post, email, or through a designated form on our website).
8.2.2. We will acknowledge your withdrawal request promptly upon receipt.
8.3. Effects of Withdrawal
8.3.1. If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for the additional costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). This reimbursement will be made without undue delay and not later than 14 days from the day we are informed about your decision to withdraw.
8.3.2. The reimbursement will be processed using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Intellectual Property
9.1. To ensure the protection and proper use of the content provided through our Application, the following detailed guidelines outline the ownership, usage rights, and restrictions concerning the intellectual property available on our platform:
9.1.1. Ownership of Content
9.1.1.1. All content displayed or available on the Application, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of the Owner or its licensors. This encompasses all forms of intellectual property contained within the Application.
9.1.2. Permissible Use
9.1.2.1. Users are permitted to access and use the content solely for personal, non-commercial purposes as intended through the normal functionality of the Service. This use is limited to accessing, viewing, and interacting with the content within the guidelines set by our Service.
9.1.3. Restrictions on Use
9.1.3.1. Users are prohibited from
9.1.3.1.1. Copying, reproducing, republishing, uploading, posting, transmitting, or distributing any content from the Application in any form or by any means whatsoever without prior written permission from the Owner.
9.1.3.1.2. Using any content of the Application in a manner that may infringe any patent, copyright, trademark, trade secret, or other intellectual property rights of the Owner or any other party.
9.1.3.1.3. Modifying, selling, leasing, loaning, distributing, or creating derivative works based on the content available on the Application, except as explicitly authorized through the Service.
9.1.3.1.4. Using the Application’s content for any public display, public performance, sale or rental, and you may not otherwise claim ownership of the content obtained from the Application.
9.1.4. License to Use
9.1.4.1. The Service may grant a limited license to access and make personal use of the content and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner. This license does not include any rights for resale or commercial use of the Application’s content or any derivative use of the Application and its contents.
9.1.5. Protection of Intellectual Property Rights
9.1.5.1. The Application employs various measures to protect the intellectual property rights of its content and intellectual property owners. Users are encouraged to respect these rights and report any instances of infringement or piracy to the Owner for appropriate action.
9.1.6. User-Generated Content
9.1.6.1. Users may submit content to our Application. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and distribute such content in our Application. You confirm that you have the right to grant this license and that the content does not infringe any other party's intellectual property rights.
Applicable Law and Jurisdiction
10.1. Governing Law
10.1.1. These Terms are governed by the laws of The Netherlands, without regard to its conflict of law provisions.
10.1.2. For users who are considered Consumers under the local consumer protection laws in the European Union, the United Kingdom, Switzerland, Norway, Iceland, or Brazil, the governing law may differ. In such cases, local consumer law may take precedence and will apply to the resolution of disputes.
10.2. Jurisdiction
10.2.1. Disputes arising from the use of the Service or pertaining to these Terms will generally fall under the exclusive jurisdiction of the courts of The Netherlands. However, if applicable consumer protection laws specify a different jurisdiction for dispute resolution, such provisions will take precedence.
10.2.2. This means that as a consumer, you may be able to bring a claim to enforce your consumer protection rights in connection with these Terms in the country where you reside.
10.3. Alternative Dispute Resolution
10.3.1. In the event of a dispute, we encourage you to contact our customer service first to seek a resolution. If an agreement cannot be reached, disputes arising out of or related to these Terms may be resolved by mediation or binding arbitration, which will be conducted in The Netherlands, unless otherwise agreed upon. This alternative dispute resolution mechanism shall be conducted in English and governed by local law.
Third Party
11.1. Our Application may contain links to third-party websites or services that are not owned or controlled by My Guitar Partner. We are not responsible for the content, policies, or practices of any third party websites or services. Use of these links is at your own risk, and we advise you to read the terms and privacy policies of any third-party websites you visit.
Limitations of Liability
12.1. Liability Exclusions
12.1.1. The Owner shall not be held liable for any indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Service. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
12.1.2. The Owner is not responsible for losses incurred due to unauthorized access to or use of the Service, regardless of whether the Owner was advised of the possibility of such damages.
12.1.3. Any damages that arise from the user's actions that contravene these Terms, including but not limited to misuse of the Service or any other activity that disrupts the normal functioning of the Service, are not the responsibility of the Owner.
12.2. Service Limitations
12.2.1. Our Application strives to remain operational at all times. However, technical issues may occur. We do not guarantee uninterrupted access to our Service and will not be liable for any losses caused by any interruptions.
Changes to Terms and Conditions
13.1. Modification of Terms
13.1.1. The Owner reserves the right to alter these Terms at any time to reflect changes in the law, changes in our services, or for other necessary reasons. Such modifications become effective immediately upon posting to the Service or as otherwise communicated to you.
13.1.2. Users will be notified of any significant changes to these Terms through the Service interface, or through other communication methods such as email. It is the responsibility of the user to review the updated Terms to stay informed of any changes.
By agreeing to these Terms, users acknowledge their understanding and acceptance of the limitations and responsibilities described. If there are any questions or concerns regarding these Terms, users are encouraged to contact the Owner for further clarification.
For any questions or concerns regarding these Terms, please contact us at support@myguitarpartner.com.
Melodious whisper, located at Ankeveen, Graaflandhof 10, 1244RD NH, The Netherlands.