Terms of Service
1.1 The Pocket Lifestyle IT-Solutions GmbH, Industriezeile 35, 4020 Linz, Österreich (hereinafter referred to as “Fretello”) operates websites and mobile apps (together the “Fretello Products”) under the name “Fretello”, aiming to connect, and create new opportunities for people who are, or want to, learn a musical instrument.
1.2 In order to be able to use the complete spectrum of Fretello Products, a one-time registration is required (see Section 4, below). However, selected content, and general descriptions of Freetello, can be viewed without registration.
1.3 Fretello’s goal is to provide comprehensive music education in combination with trend-setting technology to make a positive contribution to music education.
1.4 These Terms are translated from the original German version. Please note that if the Terms are inconsistent with the terms and conditions in German, the German terms and conditions will prevail.
2 VALIDITY OF THE T&C
Fretello offers the Fretello Products on the basis of these terms and conditions (hereinafter referred to as “Terms”). The user consents to the validity of these Terns and any agreements incorporated therein by reference either by (i) using the services, in case they are available without registration, or (ii) registration, in case they require an account.
By using Fretello Products the user accepts the Terms. If the user does not accept the Terms, the use of any Fretello Products is prohibited.
These Terms shall apply to all points of access, including (sub-) domains and mobile applications, for Fretello Products.
These Terms apply to the use of the Fretello Products and additional services offered by Fretello. The Terms available at Fretello at the exact time of usage of the Fretello Products will be applied.
3 SUBJECT OF THE AGREEMENT
3.1 The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Fretello via our website fretello.com, other Fretello websites or via our mobile applications for Apple iPhones, Android phones, and other smartphones on a global scale.
3.2 Subject to the user’s consent, relevant data is shared with other social networks (e.g. Facebook), respectively.
3.3 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to Fretello, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.4 The mobile applications are only available to users of smartphones.
3.5 Additional terms and conditions on the part of the mobile phone-providers apply.
While some of the Fretello Products can be used without any registration, some products require a one-time, free registration. The free of charge membership makes only specific options and features available to users. Fretello offers users three ways of registering:
4.1.1 Via the registration form provided on the fretello.com website;
4.1.2 Via one of Fretello’sapps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., name, e-mail address, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not permitted; or
4.1.3 Via adoption by Fretello of registration details provided by the user in the social network Facebook or Google G+. Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+, shall be adopted by the Fretello network.
4.2. Premium Memberhsip
4.2.1 A more extensive range of functions is available to a user (then the “Premium Member”) if the user enables the respective content modules separately in return for a one-off payment or as part of a subscription for the respective Fretello Products (“Premium Membership”).
4.2.2 Specific Premium Member Terms and Conditions as set forth in Section 7 apply to the Premium Membership. Unless otherwise specified in the Terms or Section 7, all other provisions of these Terms also apply to the Premium Members.
4.2.3 Through registering as a Premium Member the user represents that it is over 16 years of age and that it is legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, Fretello is not bound by these Premium Conditions
Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Fretello. Minors may only register with Fretello subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to firstname.lastname@example.org.
4.4 Consequences of Registration
4.4.1 By registering, the user confirms its knowledge and the unlimited recognition of the content of these Terms as well as that all registration data is true, accurate, current, and complete, and s/he will keep all registration information up to date.
4.4.2 Following successful registration, the user (then the “Registered User”) can log on to the Fretello Products by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook Connect or Google G+.
4.5 Rights of Fretello
4.5.1 Fretello reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.5.2 If the user provides any information that is untrue, inaccurate, not current or incomplete, or Fretello has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fretello has the right to suspend or terminate its account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.
4.5.3 In any event, Fretello reserves the right to contact you at any time to verify your registration data.
4.6 User Identity
Fretello is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages
4.7 Commercial Use
Commercial use is strictly forbidden, with the exception of individual approval by the Operator.
Fretello will send newsletters to Registered Users. By accepting these Terms, the user allows Fretello to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Fretello.
6 GENERAL TERMS AND CONDITIONS FOR ALL USERS
6.1 Fraud Protection
6.1.1 The user must protect your account from unauthorized and fraudulent use. The user shall notify us immediately by email at email@example.com of any unauthorized or fraudulent use of your account, or if you suspect that its account may be at risk.
6.1.2 Fretello will not refund any amounts paid by the user to Fretello before the user reports an unauthorized or fraudulent use of its account.
6.1.3 Fretello has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.
6.2 Promotions and Free Offers
Fretello may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
7 SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
7.1 App Store Premium Content
7.1.1 When the user buys Premium Content on or using the App Stores, e.g., Google Play or the Apple App Store, the user will enter into a sale contract with the App Store. Purchase, usage and cancellation of this Premium Content is subject to the terms and conditions of the Apple App Store or Google Play Store.
7.1.2 Fretello will not refund any payments made to Fretello via the App Stores. Terms, cancellation and refund policies on the part of the App Stores apply.
7.2 Subscription Requirement
In order to use the Fretello Premium Content for Premium Members, the user must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Content via AppStores (the “Subscription”).
7.3 Types and Prices
Fretello offers different Subscription periods so that the user can choose the one that best satisfies its needs. The different Subscription types and applicable prices are available for viewing in the App Stores. All prices are subject to change at Fretello’s discretion at any time. Any price changes will be announced in the App Stores.
7.4.1 The user must pay for each subscription period in advance. Once the user signed up and paid for the Subscription, the selected validity period will be associated with its account.
7.4.2 Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different payment systems provided by the App Stores. If Fretello is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Fretello may deliver invoices and payment reminders to the user by email.
7.5 Trial Periods
When the user subscribes to Premium Content for a price, it may receive access to the subscription benefits at no charge for a specified trial period, after which it will be charged until the user cancels its subscription. To avoid being charged, the user must cancel before the end of the trial period. Once the user cancels its trial, the user will immediately lose access to the relevant app and any subscription privileges unless otherwise specified.
7.6 Automatic Renewal
When the user’s Subscription period expires, the user will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and the user’s Subscription will be renewed for the same period of time unless the user cancels its Subscription, at least prior to the expiration of the user’s current Subscription. The standard subscription price can be viewed in the App Stores.
The user can cancel its Subscription at any time. Subscriptions for Premium Content that was purchased on or using the App Stores can only be cancelled by initiating the cancellation via the App Stores.
7.8 Application of Other Rules
Unless otherwise specified in this Section 7, all other provisions of these General Term and Conditions apply also to the Premium Members.
8.1 Each user shall have the right to terminate the use of Fretello Products at any time.
8.2 Additionally, Fretello reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these Terms and ancillary agreements.
9.1 All sales of Premium Content are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.
9.2 When the user places a pre-order for digital Premium Content, the user’s right to withdraw ends when the Premium Content is made available to the user.
10 USER OBLIGATIONS AND CONDUCT
10.1 User Obligations
Each user of the Fretello Products must
10.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
10.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Fretello that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
10.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
10.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
10.1.5 not carry out any disrupting interferences in the Fretello network, including the Fretello Products, by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Fretello’s software or hardware;
10.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
10.1.7 provide prompt notice via email to firstname.lastname@example.org of any detected breaches of the aforementioned obligations;
10.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
10.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Fretello shall not be responsible for any lost or impaired details.
11 BREACH OF USER OBLIGATIONS
11.1 In order to ensure the proper and reliable provision of services, Fretello imposes the following sanctions upon breach obligations by a user:
- deletion of content;
- temporary deactivation of user account; and
- cancellation (irrevocable deactivation)
11.2 The type of sanction shall depend on the purpose, impact, and type of the breach in light of Fretello’s and the user’s interests.
11.3 In the event a user account shall be cancelled, the respective user shall not be permitted to register again.
Fretello permits its Registered Users to use the offered portfolio of products and services in accordance with statutory law and these Terms, in order to upload, save, publish, distribute, transmit, and share content with other users.
The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
Fretelloshall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
12.3.1 comply with statutory law, or court or administrative orders;
12.3.2 ensure compliance with these Terms;
12.3.3 react to claims of breaches of law raised by third parties; or
12.3.4 safeguard the rights, property or personal safety of Fretello, its users and the general public.
12.4 Use of Content
The user grants Fretello the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Fretello shall have the right to use, irrespective of the type of usage, all content both as part of the Fretello Products and any other activity of Fretello or any company affiliated with Fretello. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Fretello uses content created by a user outside the Fretello Products, Fretello shall note that such content was created by the user.
Fretello does not claim ownership of any content created by users and will not supervise such content.
Fretello reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these Terms, may be sanctioned in accordance with Section 10.
12.8 Inaccurate Content
Fretello shall not be responsible for inaccurate content created by users.
14 REPRESENTATIONS AND WARRANTIES
Fretello does not represent or warrant that
14.1.1 the Fretello Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
14.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
14.2 Own Risk
The user uses the Fretello Products exclusively at its own risk. This applies, without limitation, to
14.2.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone;
14.2.2 downloading of the user’s own and third party content; and
14.2.3 any use by the user of data created or provided by Fretello, including, but not limited to, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and Fretello does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
14.3 External Content
Additionally, Fretello does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Fretello does not make any representations or warranties with respect to products or services of third party providers.
15 LIMITATION OF LIABILITY
Fretello shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Fretello has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Fretello shall not be liable to other businesses and shall be liable to consumers only for personal damages. Fretello shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
Unless required by statutory law, neither Fretello nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the websites or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
Fretello assumes no liability for downloaded material or material obtained as a consequence of using the Fretello Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the Fretello Products.
The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Fretello will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
16 INDEMNIFICATION BY USERS
The user shall indemnify Fretello for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Fretello website or any other of the Fretello Products by such user or as a result of any other usage by such user of applications available from Fretello. The user shall bear the costs of any legal proceedings, in which Fretello may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Fretello all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Fretello may be entitled to bring against the user shall not be affected.
17 CHANGES TO THE T&C
Fretello reserves the right to amend these Terms from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these Terms is available for viewing on the Fretello website as well as in the apps.
Changes to these Terms, other than changes to Section 3 require the consent of the respective Registered User, to whom the changed Terms shall apply. If Fretello intends to implement such changes to these Terms, Fretello will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the Fretello website or on any other device through which the user accesses the Fretello Products.
In the event that the user does not consent to the changed Terms, it shall not be permitted to any further use of the Fretello Products.
17.4 Written Form
Subject to Sections 17.1 to 17.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
18.1 Severability Clause
In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
18.2 Governing Law and Jurisdiction
18.2.1 These Terms and all contractual relations and litigation between the users and Fretello shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
18.2.2 Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.
Last updated: 26 Apr, 2018