Terms of Use | Yousician (2023)

Effective June 30, 2020

Welcome!

These terms of service (the "Terms") apply to you and Yousician Ltd., a Finnish entity specified below in the "Contact Us" section (hereinafter "Yousician" or "we/us") in relation to your use of the Apps, services, products, websites and all content and software relating to our services (collectively, the "Services"). Use of the Services is also governed by theprivacy notice(the “Privacy Notice”) and other relevant policies.

Additional terms, policies and guidelines, such as policies relating to specific services (including, without limitation, forums, sweepstakes, etc.), as well as other operating rules and policies that may be posted from time to time, may apply to your use of the Services.Services. , and your use of the Services, in addition to these Terms, will also be governed by such terms, policies and guidelines.

These Terms and Privacy Notice, and all policies and guidelines, which are incorporated herein by reference, form a legally binding agreement (the "Agreement") between you and Yousician regarding your use of the Services, so please read them carefully. attention. The current valid version of the Agreement is available on the Yousician website.

1. WHO CAN USE THE SERVICES

Before accessing or using our Services, you must agree to the terms of the Agreement. You may also be asked to register an account with the Services. By registering an account or using the Services, you represent that (i) you are inyou are at least 18 years of age (or the age of majority in your country), or (ii) you are at least 13 years of age and authorized to enter into binding agreements, such as this Agreement, without being impeded by any applicable law, and your parent or legal guardian has reviewed and accepted this Agreement on your behalf.

If you access the Services from a social networking site,like facebook, you must comply with its terms of service as well as these Terms.

BY INSTALLING, REGISTERING, USING OR OTHERWISE ACCESSING THE SERVICES OR ANY COMPONENT THEREOF, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE OR OTHERWISE ACCESS THESE SERVICES OR THEIR CONTENT. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

IF YOU ARE A PARENT OR GUARDIAN AND GIVE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE WITH RESPECT TO THEIR USE. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account.

2. CONTACT US

If you have any questions about Yousician or this Agreement, please contact our support through the "Support" section of our website or send an email tosupport@yousician.comor by mail to us at:

Yousician Ltda. (ID comercial 2374364-0),Siltasaarenkatu 16,00530 Helsinki,Finland

3. CHANGES

Yousician reserves, at its sole discretion, the right to change, modify or remove parts of the Agreement, including these Terms, its Privacy Notice or any other relevant policy at any time, by posting the modified terms on the Yousician Services or by any other method. of notification. we deem appropriate (including email).

Your continued use of the Services will constitute your acceptance of such changes. If, as a result of changes or modifications made to the Terms, the Privacy Notice or any other policy, or otherwise, you no longer agree with any part of the current version of the Agreement, you must stop using the Services.

4. RIGHT TO USE THE SERVICES

RIGHTS WE GIVE YOU

Our Services and their content are owned by Yousician or its licensors.Subject to certain limitations as described herein, you have the right to use the Services and to access and useapplications, music, video, images, instruction or other material or content available through the Services (collectively, "Service Content").

Subject to your acceptance of these Terms and your continued compliance with them and the Agreement, Yousician grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and related software (executable version only, excluding source) and any Content Service, strictly for your personal, non-commercial use.

The Services and Service Content are licensed, not sold.or transferred to you. any programcopies, content or other material from the Services, including the Service Content, will remain the property of Yousician and its licensors, even after downloaded or installed on your device.

You may not use the Services, Service Content or any part thereof in any manner not expressly permitted by the Agreement. You are prohibited from using the Services (including, without limitation, Service Content) for public performance. You also agree that you will not, or attempt to, copy, modify, share or transfer any part of the Services or their content unless specifically permitted by Yousician.

The license to use the Services granted under these Terms will remain in effect until terminated by you or us. Your license will automatically terminate if you breach these Terms or the Agreement.

Yousician may add, change, discontinue, remove, or suspend any or any part of the Services, any Service Content, or any other features of the Services (including, without limitation, financial terms, availability or equipment necessary to access or use, or charging fees for certain Services or features) at any time, with or without notice and, unless prohibited by law, without liability. However, the collection of fees will be subject to your approval.

Some of the Services are not compatible withall mobile devices and computers, and you are responsible for purchasing a compatible device if you wish to use any of the Services. Use of the Services requires Internet access, which you are responsible for obtaining and paying for.Please also note that the Services may include third-party software (for example, open source software libraries), which are provided to you in accordance with the terms and conditions applicable to such third-party software. These terms and conditions are published in the mobile application settings.

PROPERTY

Yousician does not grant you any ownership rights in the Services or Service Content. All rights, title and interest in and to the Services (including, without limitation, any title, computer code, graphics, images, images, audio and/or video, designs, concepts and methods of operation, themes, advertising texts, logos, domain names; trade names and trademarks; service marks and trade dress; Accounts; any other copyrighted material; the "look and feel" of the Services; the compilation, assembly, and organization of materials on the Services; and all other Content and Service applications) are owned, controlled or licensed by Yousician and are protected from unauthorized use, copying and dissemination, including but not limited to copyrights, trademarks, patents, trade secret disclosure and other laws, rules, regulations and international treaties. Copyright in third-party content appearing on the Services remains the property of their respective owners.

All Yousician trademarks (eg, Yousician and GuitarTuna), service marks, trade names, domain names, logos and other brand features are the sole property of Yousician. You may not display our Services or content in frames or "embedded links" without our prior written permission.

5. USER ACCOUNT

Certain elements of the Services may allow you to create an account or register ("Account"), while others may not. You may be asked to select a password for your account, or you may also use other credentials to access your account ("Login Information"). Furthermore, you give us your consent and authorize us to verify your login information as necessary for your use of and access to the Services, as applicable. You agree that you will not share account or login information or allow anyone else to access your account or do anything that could compromise the security of your account.

You agree that you are responsible for maintaining the confidentiality of your login information. If you suspect that your login and/or account information has been accessed or used without your authorization, you must immediately notify Yousician and change your login information. You are responsible for any use of your login information and account activities, including purchases, whether or not authorized by you.

Yousician reserves the right to refuse or limit registration for any reason. WITHOUT LIMITING ANY OTHER REMEDIES, WE HAVE THE RIGHT TO DELETE ANY LOGIN INFORMATION AND TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO THE SERVICE OR ANY PORTION THEREOF, WITH OR WITHOUT NOTICE, IF YOU OR WE ARE REASONABLY SUSPECT THAT YOU ARE NOT PURSUANT TO THIS AGREEMENT, OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR MISUSE OF THE SERVICES, OR FOR ANY OTHER REASON. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, YOU MAY LOSE YOUR USERNAME ON THE SERVICES, AS WELL AS ANY ITEMS EARNED, PRIVILEGES AND ITEMS PURCHASED ASSOCIATED WITH YOUR USE OF THE SERVICES, AND YOUSICIAN IS UNDER NO OBLIGATION TO COMPENSATE ANY SUCH LOSSES OR RESULTS.

6. PAYMENT POLICY

You may access portions of the Services for free, and other services and products require payment of a subscription and/or other fees ("Paid Content"). Fees charged may be one-time payments or auto-renewing payments as described in the respective Services. By choosing to access and/or purchase or subscribe to Paid Content, you authorize us to charge your credit card or other approved payment method for all costs and fees applicable to such Paid Content. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions and purchases made by or through you or anyone using your Account(s).

Please note that we may use a third-party payment processor to facilitate payments on the Services. If you make a purchase through a third-party app store, such as the Apple App Store or Google Play Store, your purchase will be subject to that third party's applicable payment policy.

PAYMENT INFORMATION

To access Paid Content on the Services, you must provide valid and accepted payment information. If the payment information provided by you to pay for the Paid Content you subscribed to is rejected, you must provide us with new valid payment information or your access to the Paid Content will be suspended. You will have access to paid content once your initial payment has been processed.

EVIDENCE

When you subscribe to Paid Content, we may, from time to time, offer you a trial period ("Trial Period") without payment or at a reduced rate. This may vary depending on the promotions, the type of subscription and the term selected at the time of purchase. We reserve the right, in our sole discretion, to determine your eligibility for a Trial Period and may cancel or amend the Trial Period at any time, without notice and liability to the extent permitted by applicable law.

We may require you to provide your valid payment information to start the trial period. By providing this information, you agree that unless you cancel your paid subscription before the end of the Trial Period, we may automatically begin charging you for Paid Content you subscribed to on the first day after the end of the Monthly Trial Period. or such other recurring basis as notified to you, until you cancel your subscription to Paid Content (disable auto-renewal in your account settings or through the Apple App Store or Google Play Store). If you do not wish to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your Paid Content subscription, your Account will only have access to those parts of our Services that you can access for free.

BILLING, RENEWALS AND CANCELLATIONS

The subscription fee for our auto-renewing subscription plans may be billed as a one-time upfront payment for the subscription period (eg 1, 3, 6 or 12 months) or in monthly installments billed each month in advance for the duration. of the signature. period. The price and terms applicable to your subscription may vary depending on the promotions, subscription type and subscription period you select at the time of purchase.

If your subscription started with a reduced rate promotion or trial, your renewal rate may be higher than your initial rate.

In some cases, your payment billing dates or your subscription billing term may change if your payment is not successfully cleared by the original due date. We will inform you about the billing deadline change by email.

If you signed up for a paid subscription, you may change your mind and receive a full refund of all amounts paid within fourteen (14) days (the "Cooling Off Period") of your subscription for such paid parts. of our Services, provided that during this Cooling-Off Period you have not accessed the paid portions you signed up for at any time.

If you choose to subscribe to an auto-renewing subscription for paid content, you understand this and agree to the automatic renewal of your subscription at the end of the subscription period and payment for the renewal period to be automatically charged using your payment information. provided by you unless you cancel your subscription before the end of the current subscription period. You can cancel your auto-renewal subscription for paid content purchased on our website in your account settings or by contacting our support. If you purchased a paid subscription through a third party, such as the Apple App Store or the Google Play Store, you may cancel the paid subscription through that third party by following that third party's applicable payment terms and policies.

Unless otherwise stated, all payments are always FINAL and NON-REFUNDABLE.

PRICE CHANGES

Our prices may change from time to time. If the price of your subscription changes, we will notify you in advance and give you the opportunity to review those changes in your subscription. Price changes will take effect at the beginning of the next subscription period following the date of the price change. Applying any price changes to your subscription or uploading your payment details in connection with an automatic renewal that applies a new price is subject to your approval of the price change. Subject to applicable law, you agree to the price change by continuing to use the Services after the price change takes effect. If you do not agree to such price change, you have the right to reject the change by unsubscribing from the Paid Content before the price change takes effect.

CODES, GIFT CARDS AND OTHER PREPAID PRODUCTS

If you have purchased or received a code, gift certificate or other prepaid product from Yousician that allows you to access Paid Content on the Services ("Code"), your order will automatically terminate at the end of the period specified in the Code. Additional terms and conditions provided in connection with the Code may apply to your use of the Services. In the event of a conflict between this Agreement and such supplemental terms, the supplemental terms will control.

7. THIRD PARTY LINKS

The Services may contain links to third party websites, services, content or resources ("Third Party Services"). We are not responsible for such Third Party Services and have no control over any material or content available on such Third Party Services. Our inclusion of a link to such Third Party Services does not in any way imply endorsement or promotion by Yousician of such Third Party Services or any resources or content of any Third Party that is available there. We recommend that you familiarize yourself with the terms of service applicable to any third-party services you may access. Please note that the applicable third party is fully responsible for all materials, content, goods and services provided to you and for all damages, claims and liabilities that may be caused to you, directly or indirectly.

8. USER CONTENT

USER CONTENT ON THE SERVICES

Users may post or add content to the Services, which may include, for example, any communication or material that you send to the Services or transmit to other users of the Services, through an application, website, email or by participating in blogs. , message boards, online forums and other functionality where you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, transmit and comment on content and materials for Yousician and/or through the Services, including, without limitation, data, text, writings, compositions, notes, music, sounds, videos, audio-visual effects, artwork, photographs, screenshots, videos, graphics, comments, suggestions or chat posts or messages or other material (collectively, excluding Service Content, “User Content”). You are solely responsible for your User Content.

Except as described in the Privacy Notice, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. We cannot guarantee that the ideas you share will not be used by others, so if you want to keep them confidential or do not want others to use them, please do not share them on the Services. Yousician is under no obligation to review, monitor, display, archive, maintain, accept or exploit any User Content, and we undertake no obligation to modify or remove any inappropriate User Content that you may be exposed to when using the Services. Yousician does not pre-screen or monitor all User Content. Therefore, use of the Services is at your own risk. Yousician does not endorse any User Content submitted to the Services, or any opinion, recommendation or advice expressed therein, and Yousician expressly disclaims any and all liability in connection with User Content. Yousician does not allow activities that infringe on copyrights or other violations of intellectual property or any other rights of third parties on the Services.

Yousician may remove, move, modify, edit, remove or disable access to User Content without notice or liability to you; provided, however, that we reserve the right to treat User Content on the Services, or certain parts of the Services, as content stored at the user's address over which we will not exercise editorial control, except to enforce the rights of third parties and the content restrictions set out below when violations are reported to us. However, we are not obligated to keep such User Content on the Services for any period of time and you will not have the right, once posted, to access or use such User Content on the Services. Yousician is not obligated to use User Content and you will not receive any compensation for User Content you choose to submit or for any exploitation thereof.

REPRESENTATIONS AND WARRANTIES

You represent, represent and warrant that (i) your User Content does not violate any law, contractual restriction (including those in this Agreement) or any other intellectual property or right, or any third party right, and (ii) 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 rights and licenses in these Terms without Yousician incurring any third party obligation or liability from your exercise of rights granted by you here, and (iii) your User Content or our use of it as described in this Agreement does not indicate that you or the User Content you post is affiliated with or endorsed by Yousician or an artist, band, other rights holder or any other party, without the express written consent of Yousician or such party. You will be solely responsible for User Content and the consequences of submitting, posting and sharing User Content on the Service.

RIGHTS YOU GIVE

You retain all of your ownership rights in the User Content that you submit and/or share with Yousician. However, in exchange for your use of the Services, by submitting and/or sharing User Content on the Services, you grant Yousician a non-exclusive, irrevocable, perpetual, sublicensable, transferable, worldwide, royalty-free license. in User Content to reproduce, distribute, modify, prepare derivative works of, publicly display, and perform and use in any manner all or part of the User Content in connection with the Services and other Yousician services and products (and its successors and affiliates), including, without limitation, promoting and redistributing part or all of the Services (and works derived therefrom) in any media format and through any media channel, and posting your content User ID on a searchable format accessible to users of the Services and on the Internet.

You also grant Yousician the right to sublicense and authorize others to exercise any of the rights granted to Yousician under these Terms; and each third party shall be entitled to benefit from the rights and licenses granted to Yousician under these Terms. Except as prohibited by law, you waive any attribution rights and/or any moral rights you may have in any User Content that you submit, even if such User Content is altered or altered in a way that you do not like.

You also 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 from, display and perform such User Content as permitted by the functionality of the Services. and under these Terms.

UNSOLICITED IDEA SUBMISSION POLICY

You agree that Yousician is free to use any ideas, suggestions, feedback information, concepts, know-how or techniques contained in any User Content you choose to submit on the Services or submit to Yousician, for any purpose, including without limitation , develop, produce, market and exploit products and/or services using said User Content, and without additional remuneration of any kind.

COMMUNICATION OF INFRINGEMENTS

We respect the copyright and other intellectual property rights of others. If you discover any content on the Service that you believe infringes your copyright ("Dispute Content"), please notify Yousician as follows:

A. Your notice of claimed infringement accompanied by the details set out in B or C below must be sent to Yousician's Designated Copyright Agent by email atcopyrightagent@yousician.comor by postal mail to the following address:Yousician Oy,Siltasaarenkatu 16, FI-00530 Helsinki, Finland,Attention: Cool

B. You may provide Yousician with a written notice of copyright infringement. Be sure to include the following information in your notification:

1. your full name and contact information (address and telephone number, a valid email address, as well as your Yousician username, if applicable);
2. a breakdown of the Disputed Content, including the Yousician URLs where such Disputed Content may be located;
3. your confirmation that you have a good faith belief that the Disputed Content which is the subject of your copyright infringement notice is unlawfully available;
4. information about the fact that you asked the relevant third party content provider to remove the Disputed Content without effect, or that third party content provider could not be identified;
5. your confirmation that you own the exclusive right that the disputed Content is allegedly infringing or that you have the right to act on behalf of the applicable third-party rights owner;y
6. your signature (physical or electronic).

C. Alternatively, if you reside in the United States and would like your notice of copyright infringement to be treated as a notice under the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), be sure to include the following information in your notice:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work allegedly infringed or, if multiple copyrighted works on a single online site are covered by a single notice, a representative list of such works on that site;
3. Identification of the material that is allegedly infringing or subject to infringing activity and that must be removed or access to which must be disabled, and a description of where the material is located;
4. information reasonably sufficient to enable the Service Provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party can be contacted;y
5. The following statement in the body of a DMCA notice:

"EUYou have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law. I declare that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the copyright owner or authorized to act on the copyright owner's behalf."

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys' fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, please contact an attorney before filing a notice with Yousician.

Yousician is under no obligation to control or enforce your intellectual property rights in your User Content, but you have the right to protect and enforce your license rights and those of your licensors in your User Content..

9. POLICY FOR USERS WHO REPEATEDLY INFRINGE COPYRIGHT

Yousician will terminate the accounts of any user who repeatedly uses the Services to infringe copyright.

10. USE RESTRICTIONS

You agree that under no circumstances:

• use the Services in violation of this Agreement or any applicable law or regulation;
• post any information, content or other material (or links) that include offensive comments relating to race, national origin, gender, sexual preference or physical disability; includes profanity or contains any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; or engage in ongoing toxic behavior;
• use the Services in any way, or make available through the Services, any material or information that infringes any copyright, patent, trademark, or any other intellectual property rights, privacy rights, publicity rights, or any contractual or other rights of any party , or promotes or constitutes an illegal activity;
• interrupt, interfere with, or adversely affect the normal flow of the Services, or act in any other way that may adversely affect other users' experiences when using the Services;
• disclose on the Services any person's private information, including personally identifiable information, contact details or financial information or any information that could be used to track, contact or impersonate that person;
• use the Services for fraudulent or abusive purposes, including, without limitation, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services or their content;
• attempt to, harass, abuse or harm, or advocate or incite to harass, abuse or harm another person, group, including Yousician employees, directors, officers and customer service representatives;
• use the Services for any commercial activity, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-level marketing scheme, spam email, chain letter or similar;
• to tryto gain unauthorized access to the Services, to credentials or accounts registered to third parties, or to computers, servers or networks connected to the Services by any means other than through the user interface provided by Yousician, including, without limitation, interfering with or circumventing or attempt to interfere with or circumvent any of the security components, security methods, or regional restrictions used in the Services;
• unless specifically authorized by law, attempt to reverse engineer, decompile, disassemble or hack any of the Services;
• to use, whether directly or indirectly, any automated systems, cheats, spiders, hackers, scrapers, offline readers or any unauthorized third party software designed to modify or interfere with the Services;
• harvest, scrape, or use any other automated means to view, access, or collect any information about the Services or about others who use the Services;
• cover or obscure any notices, banners or advertisements on the Services; any
• engage in any act that Yousician deems to conflict with the spirit or intent of this Agreement or the Services or misuse Yousician's support services.

Yousician reserves the right to decide to take appropriate action as a result of any conduct referred to above, which may include closing your Account and prohibiting you from using the Services in whole or in part.

11. DISCLAIMER OF WARRANTIES

THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "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 DO NOT REPRESENT OR WARRANT THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED OR OFFERED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, ADEQUATE, RELIABLE OR TIMELY. WE DO NOT MAKE ANY 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. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUSICIAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OR SIMILAR INJURIES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODBYE, LOST PROFITS, DEVICE FAILURE OR MALFUNCTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER A YOUSICIAN OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT YOUSICIAN IS NOT RESPONSIBLE, AND AGREE NOT TO HOLD YOU LIABLE, FOR THE CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND INJURY FOR THE ABOVE IS TOTALLY WITH YOU. UNDER NO CIRCUMSTANCES YOUSICIAN WILL BE RESPONSABLE ANTE USTED, COLLECTIVELY, FOR MORE OF THE AMOUNT THAT HAS BEEN PAID FOR FIRST TIME. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO YOUSICIAN DURING SUCH PERIOD OF TIME, YOUR SOLE REMEDY (AND YOUSICIAN'S SOLE RESPONSIBILITY) FOR ANY DISPUTE WITH YOUSICIAN IS TO STOP USING THE SERVICE AND TERMINATE YOUR ACCOUNT.

Some jurisdictions do not allow certain limitations of liability, such as those mentioned above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability will apply only to the extent permitted by the laws of such jurisdictions.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY WAIVE YOUR RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND DISCLAIMERS CONTAINED HEREIN SHALL SURVIVE ANY TIMETERMINATION OF YOUR ACCOUNT(S), AGREEMENT OR ANYSERVICES.

13. INDEMNITY

You agree to defend, indemnify and hold harmless Yousician, its affiliates and their respective officers, directors, employees, agents, licensors, representatives and third-party providers of the Services from and against all claims and expenses, including attorneys' fees and costs. , arising out of, incurred as a result of, or in any way connected with any claim or action based on (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) anyone else's use of the Services using your Login Information. The provisions of this paragraph will survive any termination of your account(s) or the Services.

14. FORCE MAJEURE

Yousician shall not be liable for any delay or failure to perform resulting from causes beyond Yousician's reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Yousician's control, such as acts of God, war, terrorism, unrest. , embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of means of transport, fuel, energy, labor or materials.

15. TERMINATION

You may terminate this Agreement by deleting your Account and subsequently ceasing to use the Services. If you have any subscription and you terminate this Agreement before the end of your subscription, you will not receive any refund for any unexpired period of your subscription.

WITHOUT LIMITING OUR OTHER REMEDIES, YOUSICIAN MAY LIMIT, SUSPEND, CANCEL, MODIFY OR DELETE ACCOUNTS OR ACCESS TO YOUR ACCOUNT AND/OR THE SERVICES OR PARTS THEREOF AND/OR TERMINATE THIS AGREEMENT AND TAKE TECHNICAL AND LEGAL MEASURES TO PREVENT YOU FROM ACCESSING THE SERVICES, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, IF (I) YOU ARE DEEMED TO BE IN A REPEATED VIOLATION AS DESCRIBED ABOVE; (II) WE BELIEVE THAT YOU ARE IN ANY WAY VIOLATING ANY PROVISION OF THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THESE TERMS OR THE RELATED POLICIES OR GUIDELINES OR YOUR SPIRITUAL CHARTER; (III) YOUSICIAN CHOOSE IN ITS SOLE DISCRETION TO STOP PROVIDING ACCESS TO THE SERVICES IN THE JURISDICTION WHERE YOU RESIDE OR FROM WHERE YOU INTEND TO ACCESS THE SERVICES; OR (IV) IN OTHER REASONABLE CIRCUMSTANCES, AS DETERMINED BY YOUSICIAN IN ITS SOLE DISCRETION.

YOUSICIAN RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS AND DOES NOT HAVE AN ACTIVE PAID SUBSCRIPTION.

Yousician reserves the right to discontinue any aspect of the Services at any time, at which time your license to use such Services will automatically terminate.In such event, Yousician will not be obligated to provide refunds, benefits or other compensation to Users in connection with such discontinued Services.

Upon termination for any reason, you must discontinue all use of the Services. Your termination for any reason will not release you from any liability or obligation under the Agreement that (a) has been expressly stated to survive such termination or expiration, or (b) remains unfulfilled or, by its nature, intended to be enforceable. after such termination or expiration.

16. APPLICABLE LAW AND DISPUTE RESOLUTION

If a dispute arises between you and Yousician, we strongly recommend that you first contact us directly via our support site.https://support.yousician.com/and seek resolution.

If you reside in the United States, the laws of the State of New York, regardless of its conflict of law provisions or their application, will govern this Agreement and you agree that any claim or dispute you may have against Yousician shall be resolved exclusively by a court located in the State of New York. If you reside in a country other than the United States, the laws of Finland, without regard to or application of its conflict of law provisions, will govern this Agreement and you agree that any claim or dispute you may have against Yousician must be resolved exclusively by a court located in Helsinki, Finland. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST YOU ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS PROCEEDING OR REPRESENTATIVE.

17. ASSIGNMENT, SEPARATION AND ENTIRE AGREEMENT

Yousician may assign the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Agreement without Yousician's prior written consent and any unauthorized assignment and delegation by you will be void.

If any provision of the Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, then such provision, with respect to such jurisdiction, will be unenforceable only to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability thereof in any other way. or jurisdiction and without prejudice to the other provisions of the terms, which will continue in full force and effect.

Yousician's failure to enforce any right or provision of the Agreement will not constitute or be deemed a waiver of such right or provision or a waiver of such right or provision in the future.

The Agreement sets forth the entire agreement between you and Yousician regarding the Services and supersedes all prior agreements and understandings between you and Yousician.