Terms and Conditions

1. Terms and Conditions

1.1 Welcome to Guitaa (“Guitaa”, or “we”, “our” or “us”), a Private Limited Company based in Jaipur, the India. By accessing or using the Guitaa website at the URL guitaa.com (the “Website”), the guitaa mobile applications (“Apps”), Guitaa instances running on third party websites or apps (“Guitaa Embed”), the Guitaa API (“Guitaa API”) and all proprietary services, software, data and materials accessed via the foregoing (jointly and individually also referred to as the “Guitaa Service”), you (the user or viewer of the Guitaa Service, also “your”) agree to comply with and to be bound by the following terms and conditions, which – together with our privacy policy – governs our relationship with you in relation to the Guitaa Service and the use of your personal data. If you disagree with any part thereof, please do not use the Guitaa Service.
1.2 These terms and conditions may be amended from time to time. We will inform you of such amendments by e-mail to the e-mail-address indicated by you and on our website (https://Guitaa.com/terms-and-conditions). If you do not accept such amendments, you must notify us thereof per e-mail to hi@guitaa.com within four weeks after the date on which you have been informed of such amendments. Following such notification, we may, in our sole discretion, decide to terminate our agreement with you (and reimburse you proportionally should you have paid a fee for a term that is not yet finished at that moment) or to continue the agreement under the former version of the terms and conditions. If you do not notify us timely of your non-acceptance, you will be deemed to have accepted the amendments and to be unconditionally bound to the amended terms.

2. Your use

2.1 The Guitaa Service is for your own personal non-commercial use only. The Guitaa Services are licensed to you, and not sold, assigned or transferred.
2.2 The Guitaa Service is described at the About-page. We may change the Guitaa Service at any time, including by adding or removing any services or features part of the Guitaa Service
2.3 The Guitaa Services are provided to you ‘as is’. Guitaa nor any third parties it’s licensors or affiliated parties give any warranty or guarantee that the Guitaa Services will be provided accurately, timely, completely, without interruptions, errors or defects, that your use of the Guitaa Services will not infringe upon the rights of third parties, that the Guitaa Services are suitable for any particular purpose or that all errors and defects will always be fixed. We expressly exclude liability regarding your use of the Guitaa Service to the fullest extent permitted by law.
2.4 You will not collect content or information, or otherwise access the Guitaa Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express written permission.
2.5 You shall be responsible for the data and other results processed and created by you through the use of the Guitaa Services. You guarantee that such data and results are not illegal and will not infringe rights of third parties. You indemnify us against claims from thirds parties, of whatever nature, in relation to this data, results or your use of the Guitaa Services.
2.6 We may impose limits or restrict your access to part or all of the Guitaa Service without notice and without incurring any liability.
2.7 Your use or access to the Guitaa Services is subject to your continuous compliance with these terms and conditions. Without prejudice to any other rights and remedies Guitaa Services may have, any non-compliance entitles us to deny your further use of the Guitaa Services.

3. Subscriptions

3.1 If you choose to sign up for a monthly or other time-based subscription, including Lifetime Subscriptions (“Subscription”), you understand and authorize that the Subscription will be tacitly renewed for consecutive periods with the same duration, unless you notify us per e-mail (hi@Guitaa.com) before the first day of the renewal that you do not wish the Subscription to be renewed.
3.2 If a Subscription is renewed, the fee for the renewal will be paid by direct debit.
3.3 The Guitaa Service may include paid services via a credit system (“Guitaa Credits”) that allows you to unlock additional services. If you pay for a Guitaa Credit for the first time, you will be asked to supply payment information. By purchasing Guitaa Credits, you acknowledge and agree that we are authorized to use the payment information on file for this first purchase of Guitaa Credits and any subsequent purchases you may make. Credits or “Guitaa Credits” added to your Guitaa account are valid for 12 months after the purchase date. If you do not use your Guitaa credits within this period, your Guitaa Credits will expire and be removed from your account. Please note that “Guitaa Credit” will not be sold after November 1st, 2017.
3.4 Unless set out otherwise by us, the term of your Subscription will start on the date on which you have paid for the GuitaaServices, and you waive any statutory right of withdrawal (“herroepingsrecht”). Subscriptions and other agreements between you and us will end on the earlier of the last day of the term set by Guitaa or agreed upon between you and Guitaa, or Guitaa termination of the Subscription pursuant to the following subclause.
3.5 Without limiting our statutory rights to terminate or Guitaa other rights and remedies, we are authorized to at our own discretion suspend the fulfilment of the obligations, including the rights granted herein, or to terminate or dissolve the Subscription and any other agreements with you without incurring any liability for compensation if: a) you do not – timely – fulfil your obligations vis-a-vis Guitaa , whether partly or in full; b) we become aware of circumstances that constitute valid grounds to expect that you will not timely fulfil your total obligations; c) we receive complaints in respect of your use of the Guitaa Services; d) other circumstances occur whose nature precludes that we can be required to fulfil our obligations according to standards of reasonableness and fairness, or in the event of other circumstances of which the nature thereof precludes that we may be reasonably be expected to maintain our obligations without alteration.

4. Lifetime Subscriptions

A “Lifetime” Subscription allows you to access the Guitaa Service available at the time of your purchase for as long as the Guitaa Services are available. It is not possible to assign Lifetime Subscriptions to any other person. We make no warranties as to the expected lifetime of the Guitaa Service, and in purchasing a lifetime plan, you acknowledge and agree that the Guitaa Service could change or terminate in the future without you becoming entitled to a compensation or repayment.

5. Fees and Payments

5.1 Parts of the Guitaa Service are for free, some are not. Which part of the Guitaa Service are paid (“Paid Guitaa Services”) and the fees thereof, are indicated on the Website (https://www.guitaa.com/get-guitaa-prime-1) in the App or otherwise through the Guitaa Service.
5.2 The prices we charge for the Guitaa Service may change in the future. If the pricing for a current Subscription does change, such pricing will apply as of the first day of the next renewal of your Subscription. We will notify you of such changes. If you do not wish to agree to the changes, you can notify us that you do not want the Subscription to be renewed as described under “Subscriptions”.
5.3 By choosing to use Paid Guitaa Services, you authorize us to charge you for all fees and other amounts due via direct debit.
5.4 We may use a third-party payment processor to facilitate your payments.
5.5 Unless specifically mentioned otherwise in writing, the Fees and other amounts are inclusive of VAT and other government levies in Europe, unless indicated otherwise.

6. Refunds

6.1 If you are a new customer that purchases a yearly or lifetime Subscription, you will be entitled to cancel the subscription within 30 days of the first day of your Subscription, after which all of the fees paid by you for the Subscription will be repaid. You may request such a cancellation by contacting our support per e-mail to Hi@Guitaa.com.
6.2 After that 30 day period, no refunds are possible. We do not offer partial refunds, and we do not offer refunds for monthly Subscriptions. If you upgrade your plan, you are not eligible for the money back guarantee.

7. Account and password

7.1 You are responsible for any and all use of the Guitaa Services, as well as for the integrity of the password and other identifying means in respect of your account details at Guitaa . You shall keep your username and password and other identifying means secure and will not allow anyone else to use your username or password to access the Guitaa Services.
7.2 Guitaa is not responsible nor liable for any loss that results from the unauthorized use, with or without your knowledge, of your username, password and/or other identifying means.

8. Rights

8.1 The Guitaa Service contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, sounds, appearance, graphics and software. All rights of use not expressly granted to you are reserved by us. We retain all our rights, titles and interest provided by or on behalf of us, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, domain names, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, musical works, and moral rights, all of the foregoing whether registered or not, and all applications thereof.
8.2 It is not allowed to make the Guitaa Services or any contents thereof public or to reproduce it, including but not limited to disclosing, publishing, (re)distributing or (re)producing, whether in whole or a part thereof, in any form, unless explicitly allowed in these terms and conditions.
8.3 By entering or developing data and other results in or through the Guitaa Services, including but not limited to chord edits, renames of tracks, tags, set lists, titles, collections, etcetera, you allow us to use and to allow others to use such data and results for the purpose of the Guitaa Service, also after you have stopped using the Guitaa Services. The foregoing does not pertain to the use of your personal data.

9. No endorsement

The Guitaa Service may include links to other websites, apps, services or content. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites, apps, services or content. We have no responsibility for – the content of – such websites, apps, services or content.

10. Complaints

If you have any complaints regarding the Guitaa Services, you can submit them per e-mail to Hi@Guitaa.com . We will respond to your complaints within fourteen days upon receipt thereof, to the correspondence address indicated by you in your complaint.

11. Notice and takedown procedure

If any person or legal entity is of the opinion that any content available through the Guitaa Services infringes its rights in or to such content, it can submit a complaint at hi@Guitaa.com, specifying the title of the content and the rights which he or she has in or to the content. If we find the complaint founded, we will remove the content as soon as possible.

12. Applicable law and competent court

Your use of the Guitaa Service, these terms and conditions, the relationship between you and us and any dispute arising therefrom is subject to the laws of the Rajasthan India. Any dispute not settled between you and us will be brought before the Rajasthan court.