Terms of use | CoachGuitar Help Center

Last Updated: April 14, 2023

Please read these Terms of Use ("Terms") carefully before using the CoachGuitar website, mobile applications, or services (collectively, the "Service") operated by Manomaya SAS ("us", "we", or "our").

ACCEPTANCE OF TERMS

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

ELIGIBILITY

To access and use the Service, you must be at least 13 years of age or have parental consent if under 18. By using the Service, you represent that you meet these requirements.

INTELLECTUAL PROPERTY

All content, features, and functionality available through the Service, including but not limited to text, graphics, logos, images, and videos, are the property of Manomaya SAS or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

USER CONTENT

You are solely responsible for any content you submit, post, or share through the Service. You warrant that you have the necessary rights and permissions to submit such content and that it does not violate any intellectual property rights, copyrights, or other applicable laws.

LICENSE TO USE THE SERVICE

Manomaya SAS grants you a personal, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

PROHIBITED CONDUCT

You agree not to use the Service for any illegal, fraudulent, or harmful purpose, or to interfere with the proper functioning of the Service. You may not engage in any activity that may compromise the security, integrity, or availability of the Service.

SUBSCRIPTIONS AND PAYMENTS

Subscription Options: We offer a variety of subscription plans for our premium services, including but not limited to monthly and yearly options. The specific subscription pricing and features may be found within the Service.

Payment: By subscribing to our premium services, you agree to pay the applicable subscription fees. Payments are processed by a third-party payment processor, and you may be required to provide them with your payment information. You are responsible for ensuring that your payment information is accurate and up-to-date.

Renewals: Subscriptions automatically renew at the end of the subscription period unless you cancel before the renewal date. You are responsible for any fees incurred due to automatic renewal.

Refunds: All payments are non-refundable, except where required by law. If you believe you are entitled to a refund, please contact us at contact@coachguitar.com.

MOBILE APPLICATION DISTRIBUTION AND IN-APP PURCHASES

The CoachGuitar app is distributed through the Apple App Store and Google Play Store. By downloading and using the CoachGuitar app, you acknowledge and agree that you have read, understood, and agreed to be bound by the terms and conditions of the respective app store providers.

Your use of the CoachGuitar app must comply with the applicable terms and conditions of the Apple App Store or Google Play Store. You are responsible for ensuring your compliance with those terms and conditions.

In-app purchases made through the CoachGuitar app, including but not limited to the CoachGuitar Premium Pass, are subject to the terms and conditions of the Apple App Store or Google Play Store, as applicable. Any billing, refund, or account issues related to such in-app purchases must be addressed through the respective app store provider.

USER ACCOUNTS AND SECURITY

Account Creation: To access certain features of the Service, you may be required to create an account. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account information, including your password.

Unauthorized Access: You must promptly notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

DEVICE REQUIREMENTS AND COMPATIBILITY

System Requirements: To use the Service, you must have a compatible device and an internet connection. We are not responsible for any issues arising from your device's compatibility or performance, or your internet connection.

Updates: We may update the Service from time to time, which may require you to update your device or software. We are not responsible for any issues arising from your failure to update your device or software, and we may cease supporting older versions of devices or software at our discretion.

Reporting Infringement: If you believe that your copyrighted work has been infringed upon and is accessible through the Service, please notify our designated Copyright Agent, as required by the Digital Millennium Copyright Act (DMCA). To file a notice, please provide the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Your contact information, including your address, telephone number, and an email address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent can be reached at:

Manomaya SAS

44 rue Cauchy

94110 Arcueil

France

Email: contact@coachguitar.com

Counter-Notification: If you believe that your content was removed or disabled by mistake or misidentification, you may send a counter-notification to our designated Copyright Agent, including the following information:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;

Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of alleged infringement or an agent of such person.

Please note that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys' fees, under the DMCA.

TERMINATION

We reserve the right to terminate your access to the Service, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms.

DISCLAIMER AND LIMITATION OF LIABILITY

The Service is provided "as is" and "as available," without any warranties, 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, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by law, in no event shall Manomaya SAS or its affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service, whether based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Manomaya SAS and its affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of France.

CHANGES TO THESE TERMS

We reserve the right to modify or update these Terms at any time and for any reason. When we make changes, we will update the "Last Updated" date at the beginning of these Terms. Your continued use of the Service following any changes to these Terms constitutes your acceptance of the revised Terms.

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to best effectuate the intent of the parties.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Manomaya SAS concerning your use of the Service and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.

WAIVER

No failure or delay by Manomaya SAS in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be in writing and signed by the waiving party.

NOTICES

Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered by email to the address specified for such communications, or if no email address is provided, to the email address we have on file for you.

FEEDBACK AND SUGGESTIONS

We welcome your feedback and suggestions about our Service. By submitting any ideas, suggestions, or feedback, you agree that we may use, disclose, reproduce, distribute, and exploit them without any obligation or restriction, and without compensation or attribution to you.

DISPUTE RESOLUTION

In the event of any dispute arising out of or relating to these Terms or your use of the Service, you agree to first attempt to resolve the dispute informally by contacting Manomaya SAS at the contact information provided above. If the dispute cannot be resolved informally within thirty (30) days of receipt of the notice, either party may initiate formal legal proceedings.

HEADINGS

The headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

SURVIVAL

Any provisions of these Terms that, by their nature, should survive termination of your use of the Service, including but not limited to provisions relating to intellectual property, indemnification, disclaimers, and limitations of liability, shall survive such termination.

By using the CoachGuitar website, mobile applications, or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.

ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Manomaya SAS may assign or transfer its rights and obligations under these Terms without restriction and without notice to you.

FORCE MAJEURE

Manomaya SAS shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, or accidents.