Our App Terms & Conditions

Legal notice

This app, any associated website and all content, services and products made available on them (the App) are owned and operated by nSpireMe Ltd, a registered company in England and Wales whose registered office is at 20-22 Wenlock Road, London N1 7GU. Company registration number 11230504, VAT number GB291722396.

Application of these Terms

These Terms govern all use of the App, whether you have downloaded the App to use yourself, or you have downloaded the App for another person to use, for example a parent or teacher may download the App for their child or student to use. If you wish to download the App you must either (i) be at least 18; or (ii) have the permission to download the App from the person paying the fee who is at least 18. The person paying the fee is responsible for the use of the App, and accordingly, should monitor any child’s use carefully.

Please read these Terms carefully before accessing or using the App. If you do not agree to these Terms, then do not access, or where appropriate, delete the App. We reserve the right to update these Terms from time to time at our discretion. If we do so, and you have a current paid subscription, we shall notify you accordingly. The updated version of the Terms will be effective 30 days after such notification so you can cancel your subscription if you wish to do so during such 30 day period.

Right to use the service

Your personal data will be processed in accordance with our Privacy Policy.

Fee

You may access the App for as long as all subscription fees due are paid in full. If the fee is not paid in full at any time, the App will no longer be accessible to you.

You may be offered a trial period to access the App at our sole discretion. We reserve the right to end this trial period at any time and move you onto a paid subscription. If you no longer wish to continue using the App and have not yet moved onto a paid subscription you can do so at any time. These Terms will also apply to all trial use of the App. During any trial period, you shall consider whether the App is suitable for your purposes.

Otherwise, your right to access the App shall commence immediately on verification of your email address. You agree that at such point, access is immediate and accordingly, you therefore agree that you have no right to cancel your paid subscription and claim a refund once you have paid the first fee. Your statutory rights as a consumer are not affected. The fee is due on a monthly basis and you can terminate the next monthly fee at any time. For more information see go to https://support.apple.com/en-gb/HT202039.

Your nSpireMe account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. Please notify nSpireMe at support@nspireme.co.uk of any unauthorised use of your account.

Responsibility of users

The App allows you to record yourself, or another person, playing a musical instrument and to receive feedback on the recording. The recording remains on your device only for the duration of the exercise, and it is the deleted automatically. We do not at any time access the recording; only analytical data from the recording rather than the recording itself is transmitted to our servers.

The App may also allow you to share your recording with other users, provide feedback on the recording to other users and message other users. All such content that you share must comply with the following rules:

  • you must not copy someone else’s work or content without their permission;
  • you must not knowingly upload viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • you must not post defamatory, obscene or offensive content;
  • you must not be abusive, violent, threatening or insulting, or advocate racism, sexism or other forms of discrimination;
  • you must not intentionally harass, humiliate or alarm;
  • contain information about another person without their permission.

We are not responsible and accept no liability for content posted or shared by users. We accept no obligation to screen, edit or monitor any user content but we reserve the right to remove and/or edit any user content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any user content. We also do not promise that your user content will not be lost or corrupted, although we shall do our best to keep your user content secure. If you breach any of the rules set out above, we may terminate your subscription to the App and we shall have no obligation to refund you any sums paid.

You must not print or screenshot the digital music content within the App. If you do so, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack our App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

Intellectual property

These Terms do not transfer from nSpireMe to you any nSpireMe or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with nSpireMe. nSpireMe, logos belonging to nSpireMe and our Apps, and all other trademarks, graphics and logos used in connection with nSpireMe, or the App are trademarks of nSpireMe. Other trademarks, graphics and logos used in connection with the App may be the trademarks of third parties. Your use of the App grants you no right or licence to reproduce or otherwise use any nSpireMe or third-party trademarks.

Other than material which you upload yourself, you may not download, print or reproduce (in whole or in part), modify, decompile, disassemble or transmit any music, image, soundtrack or information from the App.

Links to other websites

If you click a link on the App, or have followed a link from another website to get to ours, please remember that we’re not responsible for any third-party content. You should read the privacy policy and terms and conditions relating to any third party websites that you visit.

Termination

nSpireMe may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately, provided that if we do so without cause, we shall refund any sums paid in advance pro-rata. If you wish to terminate your subscription to the App, please contact us at support@nspireme.co.uk and delete the App from your device.

If we terminate your access to the App, you must cease to use the App, you may not re-register under a different name and you acknowledge that your user content may be deleted.

Disclaimer of warranties

We warrant that the App is of satisfactory quality, fit for purpose and as described. Otherwise, the App is provided “as is”. In particular, we do not warrant that the App will be error free or that access will be continuous or uninterrupted. We also do not promise that any individual’s ability to play a musical instrument will be improved through use of the App.

Limitation of liabilities

You agree that the App is provided for information only. We will not be liable for any damage you suffer as a result of (i) your use of that App unless that damage is reasonably foreseeable as a result of such use, and subject always to the provisions of these Terms; (ii) the act or omission of any other user; and/or (iii) an event beyond our control.

Your statutory rights as a consumer are not affected.

To the extent permitted by applicable law, nSpireMe, will not be liable to you for: (i) the cost of procurement for substitute products or services; (ii) interruption of use or loss or corruption of data including user content; or (iii) for any amounts that exceed the fees paid by you to nSpireMe during the three (3) month period prior to the cause of action.

Accuracy of content

We’ve gone to great lengths to make sure all the information on the App is accurate and up to date. But if you do find anything that doesn’t look right, please contact support@nspireme.co.uk

Complaints

If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr

These Terms shall be governed by and construed in accordance with English law.

General

To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms of all which shall remain in full force and effect as permitted by law.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You consent to receive all communications including notices and other information from us electronically. We may provide all such communications by email, text or by posting them on the App.

Additional Terms for Users who download the App from the Apple iTunes App Store

We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the Content. The licence granted to you for the App is limited to a non-transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

support@nspireme.co.uk

© nSpireMe 2018