End-User License Agreement ("Agreement" or " EULA" or "User Agreement")
Last updated: October 29, 2020
Please read this End-User License Agreement ("Agreement") carefully before signing-up, joining as a new user, joining as a returning user, signing-in, logging-in, clicking the "I Agree" button, downloading or using Drumtune PRO (Drum Tuner app for iOS / Android and/or Drum Tuner EZ ("Application" or "Applications" ).
By signing-up, joining as a new user, joining as a returning user, signing-in, logging-in, clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and EXALTD CO., Ltd., and not Apple, nor Google, and it governs your use of the Application made available to you by EXALTD CO., Ltd.
EXALTD CO., Ltd., not Apple, nor Google, is solely responsible for the EXALTD CO., Ltd. iOS Apps, for the Bram Van den Broeck iOS Apps, and for the EXALTD CO. Ltd. Android Apps and their content.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you ("Licensee") by EXALTD CO., Ltd. ("Licensor") for use strictly in accordance with the terms of this Agreement.
Service(s), or Application(s)
Service(s), or Application(s), both means the https://www.drumtunepro.com and https://www.exaltd.com websites and the Drumtune PRO and drum tuner EZ mobile applications for iOS/Android (Drum Tuner apps) operated by EXALTD CO., Ltd.
EXALTD CO., Ltd. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, or any part thereof, solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You may only use the EXALTD CO., Ltd. iOS Apps, or Bram Van den Broeck iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service, regardless of whether said iOS Apps may be or may not be optimized for such devices, or whether said iOS Apps app may be or may not be supported to be used on such devices.
You may only use the EXALTD CO., Ltd., Android Apps or Bram Van den Broeck Android Apps on an Android smartphone, or pad, or other Android device that you own or control and as permitted by the Google Play Store Terms of Service, regardless of whether said Android Apps may be or may not be optimized for such devices, or whether said Android Apps app may be or may not be supported to be used on such devices.
You do not have the permission, nor right to, and You do agree not to, and you will not permit others to:
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are and shall remain, the sole and exclusive property of EXALTD CO., Ltd.
To the extent EXALTD CO., Ltd. is required to provide indemnification by applicable law, only EXALTD CO., Ltd., not Apple, nor Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the EXALTD CO., Ltd. Applications or your use of it infringes any third party intellectual property right.
7-DAY FREE TRIAL (Drumtune PRO for Android only)
Drumtune PRO for Android is available as a free app.
You can download it for free, and you can use the app for free.
The tuner functionality is the only paid functionality in the app.
All features in the app can be used for free for as long as you wish, except for the tuner functionality.
We offer you a 7-day free trial of the tuner. That way you have a fair opportunity to explore the tuner functionality for a full week.
If you liked using it, you can make an experience-based decision to get the optional tuner feature, or not.
There are no purchase obligations attached to your 7-day free trial.
You don't need to worry about signing-out, or anything like that, when the trial ends.
There's no need to 'unsubscribe' from the 7-day free trial to avoid having to pay for a subscription because there's no automatic subscription in place after your 7-day free trial!
There won't be any cost charged when your 7-day free trial of the paid tuner feature ends.
When the trial ends, the tuner functionality is simply deactivated. That's it.
After your 7-day free trial of the tuner feature, you can still use the app for free. It's a free app.
All features of the app, except for the tuner feature will remain active and are free to use for as long as you like.
If you wish to keep on using the tuner functionality after your 7-day free trial ended, you can re-activate the tuner by getting a subscription to the app, or by getting lifetime access.
When you get a yearly subscription, or get lifetime access, the tuner functionality will be acitvated to your app-account so that you can access and use it.
Sign-up & log in to activate your 7-DAY FREE TRIAL
When you sign-up your personal app account is created.
Once you have an active app account, you can log in to:
THE 7-DAY TRIAL IS 100% FREE.
NO STRINGS ATTACHED!
Once you are signed-up and logged in to your app account, we create your 7-day free trial period.
We link your 7 free days to your app account and track the expiracy.
That way, we offer you a full week to test the tuner functionality of the app.
DON'T DEVALUE THE APP RATING WHEN THE 7-DAY FREE TRIAL ENDS BECAUSE YOU EXPECT THE TUNER TO BE FREE.
We have good intentions!
Don't devalue the app with 1* because the tuner feature is not free.
Please read the info we provide upfront.
We do our best to clearly inform you upfront that the tuner is a paid app feature.
The other app features and the app are free.
Please acknowledge that we try to inform you and support us in our intentions.
We offer you a 100% FREE trial because we want to offer you the opportunity to test the app for a full week before making an OPTIONAL purchase decision...
At least you can test the app for a full week first, with no strings attached. That way you can make a purchase decision, knowing what to expect from your investment.
That's a positive thing!
Please don't devalue a decent drummer tool that offers you such a fair testing-opportunity.
We are a drummer-friendly app and are appreciative for constructive feedback. Be a friendly drummer in return.
LOG IN TO ENABLE YOUR TRIAL & CREATE YOUR APP ACCOUNT
An app account is needed so that we can offer you a 7-day free trial of the paid tuner function.
When we activate the free trial, we link it to your app account, via which the remaining trial days are verified.
The app account is set up so that your 7 free trial days, subscriptions, and tuning presets can be managed.
YOUR PRIVACY IS NOT JEOPARDIZED WHEN YOU LOG IN
It's important to understand that a login screen doesn't automatically mean that your privacy is endangered.
Your privacy is not jeopardized by logging into the app.
If you sign-up with email or with FB, or any other means, we don't use your email address, or account-id for any other purpose than to check the remaining time of your free trial, manage its functions & activation, and provide the app-service to you.
We DO NOT sell any data to third parties, neither do we use any data for other reasons than providing our service to you and optimizing the app quality, removing bugs & crashes, etc.
DON'T DEVALUE THE APP RATING WHEN YOU DISLIKE A LOGIN SCREEN
Please don't devalue this app with a low rating when you dislike to login.
We have a login screen, so that we can offer a free trial and can create yoru app account and activate its features.
If you dislike to login, we respect your choice.
In that case you don't have to login. You are free not to use the app.
At the same time, please also respect the app and don't under-rate it for having a login screen.
The app rating serves as a reference to provide other drummers an idea of the app's quality.
Using a free download to vent aversion about a login screen biases the app rating. It devalues the app and undermines its future evolution, which affects the current user base, and other drummers.
We have good intentions, and offer all drummers the fair opportunity to test the tuner for free. We have the best intentions and communicate as clearly as possible.
Please do support us in our good intentions by not underrating the app needlessly. If you still feel the need to complain about the login screen, you could contact email@example.com and we'll kindly absorb your anger per mail, without it having to bias the rating needlessly. Thanks for your understanding, respect and cooperation.
PURCHASING/SUBSCRIBING IS OPTIONAL
Purchasing the app (or not) is OPTIONAL.
If you liked using the app during the trial and wish to reactivate the tuner after the trial is expired, or if you wish to use the PRESET TUNER mode, you can simply opt to purchase the app or to get a subscription to it.
If you don't want to purchase the tuner function, you are free to keep on using the other features of the app, or to delete it from your device.
IT IS A FREE APP THAT HAS AN OPTIONAL PAID FEATURE
The tuner function is the only paid feature. You can opt to subscribe to the tuner after the trial ends, or you could purchase lifetime access to it.
All other app features are free.
The free features are plenty, and can be used for free for as long as you like.
It's a free app, that also has one paid tuner feature.
You can test that paid tuner feature for free as well, for a full week.
THERE ARE NO HIDDEN COSTS
There're no costs involved in installing or trying the app.
There's no cost involved at activation of the trial.
There's no cost involded when the trial period expires or after the trial.
There's no need to worry about being charged after the trial, and there's no need to unsubscribe after the trial.
There’s NO automatic subscription in place.You are not subscribed during, nor after the trial: so you are not charged during or after it.
What happens after the trial expires?
After 7 days, only the tuner function of the app deactivates. The other functions of the app remain active.
This means that, beside the tuner function, all other features of the app remain activated after the trial period expires.
When your trial ends, you have the following options:
How to activate the tuner after the trial?
Re-activating the tuner is optional.
There is no automatic subscription in place and there's no purchase obligation.
Subscribing or purchasing is your decision and free choice.
If you enjoyed the tuner, you could decide to activate the tuner function. You have two options to choose from.
You could opt to:
NOTE: When you subscribe to the app or when you opt to purchase the tuner, all tuning modes will be unlocked.
Once subscribed to the app, or once lifetime access is purchased, both tuner modes "basic tuner" mode and "preset tuner" mode will be available for use.
All app updates are included in your subscription or in your lifetime access.
Pricing of the paid tuner feature
Pricing may be subject to change,applicable tax rates, or currency rates may change over time.
Pricing for a subscription and for lifetime access depends on the country you're in, the currency exchange rate, and local VAT & other taxes that may be applicable.
You can check pricing inside the app via EVEN MORE/Subscriptions, where app- related pricing is displayed in your local currency, location and applicable tax rates.
Viewing & Managing subscriptions or purchases
Purchases and subscriptions managed via your Play Store account.
You can always view and check on your subscription status via your Play Store account.
Please note that, we cannot manage any purchase you made with your Play account on your behalf.
You are the only person who can do that, and you are the only person that is responsible for purchases made on yoru account.
If you wish to view, or cancel a subscription, or modify it, you can manage your subscription at any time, via your Play Store account. To do so, access the Play Store app on your device, ensure you're singed-in into your Play account, and open the menu at the top. Next, go to SUBSCRIPTIONS to view and manage your app subscription for any app.
For info, check the following Google documentation; Google Play documentation for managing subscriptions
If you have any doubts, please contact firstname.lastname@example.org.
NOTICE: Should you purchase LIFETIME ACCCESS as in-app purchase, while having an active subscription, please don't forget to manage & cancel your active subscription via your Play Account!
IMPORTANT: Uninstalling an app from your device, does not cancel any active subscription. Please don't forget to manage your & cancel your active subscription via your Play account!
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to EXALTD CO., Ltd. with respect to the Application shall remain the sole and exclusive property of EXALTD CO., Ltd..
EXALTD CO., Ltd. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Information about Application
You acknowledge and recognize that we provide you upfront with information about the features and the specification of the Application via the following:
You acknowledge that we provide you upfront with information when inside the Application via the following:
You acknowledge and recognize that we provided you upfront with the following information:
We also communicate via FB/IG, or via email if you reach out to support, and via the texts we provide on the screens inside the Application.
Modifications to Application
EXALTD CO., Ltd. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
EXALTD CO., Ltd. may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that EXALTD CO., Ltd. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Only EXALTD CO., Ltd., not Apple, nor Google, does provide maintenance and/or support to the Application, and said maintenance and/or support is only provided in EXALTD CO., Ltd.‘s sole discretion, and hereby EXALTD CO., Ltd. is not obligated to provide support or maintenance beyond the extent that any maintenance and/or support is required by applicable law.
EXALTD CO., Ltd., not Apple, nor Google, shall be obligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that EXALTD CO., Ltd. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EXALTD CO., Ltd. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or EXALTD CO., Ltd.
EXALTD CO., Ltd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from EXALTD CO., Ltd., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of EXALTD CO., Ltd. 's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold EXALTD CO., Ltd. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
You agree to indemnify and hold EXALTD CO., Ltd. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any personal damage being it mental, moral, emotional or physical but not limited thereto, and/or any material damage to equipment but not limited thereto due to or arising out of your use of the Application.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, EXALTD CO., Ltd., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice, whether arising in contract, tort (including negligence) or otherwise in relation to the Service; and (b) all implied warranties, terms and conditions relating to the Service (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between future and you, hereby excluded.
Without limitation to the foregoing, EXALTD CO., Ltd. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. The use of the Service is at your own risk. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Service; or any damage or injury to users or their equipment as a result of or relating to their use of the Service.
There are thousands of different device models available, and every day new devices are launched that contain different hardware and different technologies. Ever since we launched our Applications we attempted to support as many devices and operating system versions as was possible within our reasonable efforts. However:
We make no guarantee that the Service will function fully or at all with different operating system versions other than that on which it was first installed and purchased.
We make no guarantee that the Service will function fully or at all with different device models other than that on which it was first installed and purchased.
To the extent any warranty exists under law that cannot be disclaimed, EXALTD CO., Ltd., not Apple, nor Google, shall be solely responsible for such warranty.
Without limiting the foregoing, neither EXALTD CO., Ltd. nor any EXALTD CO., Ltd. 's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of EXALTD CO., Ltd. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using EXALTD CO., Ltd. any Applications, thus including this Application (e.g. your wireless data service agreement).
Third Party Beneficiary
Your mobile OS is a third party beneficiary of this end-User License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of EXALTD CO., Ltd. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall EXALTD CO., Ltd. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if EXALTD CO., Ltd. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
EXALTD CO., Ltd. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, whether you have been provided notice thereof or not, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Hong Kong, excluding its conflicts of law rules, shall govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us via the contact form of www.drumtunepro.com, or via e-mail to email@example.com.
Our address is:
EXALTD CO., LTD.
Des Voeux Road, 61-65
CBB, 6F, 603
The Agreement constitutes the entire agreement between you and EXALTD CO., Ltd. regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and EXALTD CO., Ltd.
You may be subject to additional terms and conditions that apply when you use or purchase other EXALTD CO., Ltd. 's services, which EXALTD CO., Ltd. will provide to you at the time of such use or purchase.
Simply put, we LOVE drumming!
EXA products are conceived by drummers, for drummers.
With the aim to simplify your drummer-life,
we strive to create nifty drummer-candy you'll be happy to use & have...
EXALTD CO., LTD.
Des Voeux Road, 61-65
CBB, 6F, 603