General Terms of Use
1. General
1.1 Scope of Application
These General Terms of Use shall apply in the version valid at the time of conclusion of the contract to all business relations between us Schallmayer Music, Mr. Michael Schallmayer, KLG Rosenberg, 1130 Vienna and you. Should you use any General Terms of Use that conflict with these Terms and Conditions, we hereby expressly object to them.
1.2 Contractual Agreement
Contractual language is German.
1.3 Download via App Store, Play Store, Windows Store
Our app is available via the Apple App Store as well as the Google Play Store and Windows Store. The download is processed via the corresponding App Store. A user account is required for the download. You can set this up in the App Store, Play Store or Windows Store. The use of the stores is subject to their terms of use.
1.4 Additional modules subject to a charge
If you wish to use additional add-on modules of our app, these can be purchased from the App Store/Playstore/Windows Store. The processing of the additional modules is carried out by the respective App Store. The conclusion of the contract and the payment processing are governed by the terms and conditions of the App Store/Playstore/Windows Store.
1.5 Subsequent amendment of the terms of use
We are entitled to make subsequent adjustments and additions to the General Terms of Use in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the Terms of Use shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and allow you to make an express declaration during the period. If you object within the time limit, you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms of Use.
2. Performance description
2.1 General
We offer an app where chords, arpeggios and scales are clearly displayed.
In the free version, only the key of “C” is available.
To be able to use all keys, a subscription must be taken out.
You can find a detailed description of our app or our paid offers as well as their minimum contract period in the app description of the App Store, Play Store or Windows Store.
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we provide the service immediately after loading the app from the store or, in the case of a paid subscription, immediately after conclusion of the contract.
2.4 Delays in performance
Delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or judicial orders such as pandemics), entitle us to postpone the performance for the duration of the impeding event.
3. In-app purchases
3.1 Conclusion of contract
You have the option to book paid packages within our app (“subscription”). Here, the usual procedure is that you decide within our app for a paid subscription offered there. You will then be redirected to the Apple App Store, the Google Play Store or the Windows Store and confirm your choice there (e.g. using password, Face ID or Touch ID). This confirmation constitutes acceptance of the offer. With the acceptance, the contract regarding the subscription you have chosen comes into effect.
Please note that in the event of the conclusion of the contract, your contractual partner is not us, but Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”) or Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) or Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland.
3.2 Payment
3.2.1 Prices
All prices are inclusive of VAT. You can find an overview of the current prices in the description of the paid subscriptions within our app or in the App Store / Play Store / Windows Store.
3.2.2 Due date
For subscriptions, payment is due immediately and in advance at the beginning of each billing period.
The first billing period begins on the day you have concluded the subscription, and thus the contract for the subscription.
4. Cancellation Policy for Consumers in Distance Selling Contracts
4.1 General
In the following, we have included the explanations regarding the right of withdrawal of Google or Apple for you, which you can also view at https://play.google.com/intl/de_lu/about/play-terms/ (Google) bzw. https://www.apple.com/legal/internet-services/itunes/de/terms.html (Apple) or https://www.microsoft.com/de-at/storedocs/terms-of-sale (Windows).
4.2 Google
Right of withdrawal: As a consumer, you are generally entitled to a statutory right of withdrawal for contracts to purchase digital content from Google Play. This does not apply to purchasing individual publications from Google Play Kiosk. The same applies to the purchase of a subscription for digital content. However, when buying digital content from Google Play, you agree that the digital content will be made available to you immediately and confirm that you consequently waive your statutory right of withdrawal. For pre-orders, the automatic statutory right of withdrawal expires the moment the content is made available to you.
Right of withdrawal for services: As a consumer, you have the statutory right to withdraw from contracts to purchase services within 14 days without giving any reason. The withdrawal period expires 14 days after the conclusion of the contract. If you wish to exercise your right of withdrawal, you must declare the withdrawal to Google Commerce Limited in a transparent manner. You can use this sample form for this purpose. Alternatively, you can contact Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street, Dublin 4, Ireland or request a refund here.
You will immediately receive an acknowledgment of receiving the revocation on a durable medium (e.g. by e-mail). To comply with the withdrawal period, it is sufficient to send the notification regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the contract, all payments you have made under the contract will be refunded to you without delay – at the latest, however, within 14 days after Google Commerce Limited has received your notice of withdrawal. The refund will be made by the same payment method that you used for the original order, unless you have expressly agreed to a different method. In no event will you be charged any fees for such a refund.
If you have requested the provision of the services within the withdrawal period, you may be charged an amount corresponding to the proportion of the services already provided up to the date of your notice of withdrawal compared to the total scope of the services provided for in the contract.
4.3 Apple
Right of cancellation: If you want to cancel your order, you can cancel it within 14 days after you have received the invoice without giving any reason.
To cancel your order, you must inform us of your decision. To ensure prompt processing, we recommend that you use “Report a problem” for the cancellation of all items. Excluded are subscription services in third-party apps, Apple Music, iTunes Match, Season Pass, Multi-Pass, and unredeemed iTunes gifts purchased directly from Apple. For this, we recommend that you contact iTunes Support. Subscription services can only be canceled after the initial subscription and not at any automatic renewal. You also have the right to notify us of your decision to cancel an order by using the sample cancellation form or by making another clear statement. If you use “Report a problem”, we will immediately send you a confirmation of receipt of your cancellation.
To meet the cancellation deadline, you must send the order cancellation notice before the 14-day period expires.
Consequences of cancellation: we will refund your payment within 14 days of receiving your cancellation notice. For the refund, we will use the same means of payment that you used for the transaction and will not charge you any fees for this.
Exception to the right of withdrawal: you cannot withdraw an order for digital content if delivery has begun with your express consent and your knowledge that you thereby lose your right of withdrawal.
Sample Cancellation Form:
– To Apple Distribution International Ltd, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:
– I hereby revoke the contract I have entered into for: [INSERT ORDER NUMBER, ITEM, INTERPRET AND TYPE]
– Ordered on [INSERT DATE] / Received on [INSERT DATE]
– Name of the consumer
– Address of the consumer
– E-mail address of the consumer (optional)
– date
4.4 Windows
Microsoft does not offer a right of withdrawal for app purchases via the Windows Store.
5. Responsibility of the User
5.1 General
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.
5.2 Indemnification
You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.
5.5 Abusive contributions
Abusive offer designs or contributions will be deactivated or deleted by us without prior notice. Such content designs are given e.g. in the following case:
– False and/or incorrect information
6. Term and termination
6.1 Termination of a free user contract
The usage relationship is concluded for an indefinite period. The user relationship can be terminated via the respective App Store.
6.2 Termination of a paid subscription
Our contracts with minimum contract terms can be terminated no later than the last day of the contract term in the Play Store / Windows Store or up to 24 hours before the end of the contract in the App Store settings.
If the contract is not terminated in time, it will be automatically extended for an indefinite period of time, but can also be terminated at any time with a notice period of one month in text form without giving reasons.
The right to extraordinary termination for good cause and the right of cancellation, if any, shall not be affected thereby.
Good cause shall be deemed to exist in particular if
– You have provided incorrect or incomplete information when concluding the contract,
– you repeatedly violate other contractual obligations and do not cease the violation even after being requested to do so by us.
7. Usability of the services
7.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We, therefore, reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the app operation partially or completely for the purpose of updating and maintenance within reasonable limits. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services provided or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
Please note that Google, Windows and Apple disclaim any maintenance and support services concerning our app and the responsibility in this regard is assumed by us.
7.2 Technical requirements
Use of the App requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the App services.
8. Copyright and rights of use
8.1 Rights of use and scope of use
We have the copyright and the exclusive right of use and ownership of the app. By downloading the app, you merely secure the rights of use to the app for the agreed purpose (see section 2.1 of these Terms of Use), but do not acquire any ownership or copyright rights to that.
Without our express consent, you are not entitled to transfer the rights of use granted to third parties against payment or free of charge or to otherwise pass them on to such third parties. Likewise, you are prohibited from modifying or editing the app without our express permission.
8.2 Copyright protection
The app provided is protected by copyright. We alone are entitled to all rights flowing from the copyright. The copyright includes in particular, the complete program code, the structure as well as the appearance and design of the applications.
Any modifying reproduction, distribution, modification, etc. is not permitted without express permission. In particular, the making of screenshots, copies and the downloading of graphics is prohibited.
8.3 Compensation
We reserve the right to claim damages for any violation of the contractual
license conditions, especially in case of copyright infringement.
8.4 Restriction of the right of use
You are prohibited from using the application for purposes other than those agreed upon.
8.5 Updates and upgrades
We are entitled to modify the application within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.
9. Warranty for services
The statutory warranty rights apply.
10. Liability
10.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. Concerning entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
10.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10.3 Data backup
We do not assume any general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will take reasonable care in providing the agreed service, but we do not warrant that the stored content or data you access will not be inadvertently damaged, corrupted, lost or removed.
11. Final provisions
11.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
11.2 Choice of law
Unless mandatory legal provisions according to your home country’s law conflict with this, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms of Use.