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Terms of Service

Last updated: February 3, 2025

1. Acceptance of Terms

By accessing and using MusicGym ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your access to and use of MusicGym's website, mobile application, and related services. Please read these Terms carefully before using our Service.

2. Description of Service

MusicGym is an AI-powered music analysis platform that provides users with feedback on their musical performances. Our services include:

  • Audio recording and analysis tools
  • AI-powered performance feedback
  • Progress tracking and analytics
  • Personalized practice recommendations
  • Subscription-based premium features

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Subscription fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable except as required by law.

4.2 Payment Processing

Payments are processed securely through third-party payment processors. By subscribing, you authorize us to charge your payment method for the subscription fees.

4.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to premium features until the end of your paid period.

4.4 Price Changes

We reserve the right to modify subscription prices. We will notify you of any price changes at least 30 days in advance. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5. User Content

5.1 Audio Recordings

You retain ownership of all audio recordings and content you upload or create using our Service. By uploading content, you grant us a license to:

  • Store and process your content to provide our services
  • Analyze your recordings using our AI technology
  • Generate feedback and recommendations based on your content

5.2 Content Restrictions

You agree not to upload, post, or transmit any content that:

  • Violates any laws or regulations
  • Infringes on intellectual property rights
  • Contains harmful, offensive, or inappropriate material
  • Violates the rights of others

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion.

6. Intellectual Property

6.1 Our Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, software, and AI algorithms, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.

6.3 Restrictions

You may not:

  • Copy, modify, or distribute the Service or its content
  • Reverse engineer or attempt to extract source code
  • Use the Service for commercial purposes without our written consent
  • Remove any copyright or proprietary notices

7. Prohibited Uses

You agree not to use the Service:

  • In any way that violates applicable laws or regulations
  • To transmit harmful code, viruses, or malware
  • To interfere with or disrupt the Service or servers
  • To attempt unauthorized access to any part of the Service
  • To impersonate any person or entity
  • To collect or harvest information about other users
  • For any illegal or unauthorized purpose

8. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss or damage resulting from service interruptions.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. Your use of the Service is at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless MusicGym, its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

12. Termination

12.1 By You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

12.2 By Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you violate these Terms or engage in fraudulent, illegal, or harmful activities.

12.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and content, subject to our data retention policies and legal obligations.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Rijeka, Croatia.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

CODE D - Obrt za web dizajn i programiranje

Owner: Rajko Ergić

Address: Drage Šćitara 5, 51000 Rijeka, Croatia

MBO: 98338668

Phone: +385 98 176 6718

Email: info@codedesign.hr

Bank Account: Erste&Steiermärkische Bank d.d.

IBAN: HR7824020061140437421

SWIFT/BIC: ESBCHR22

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