End-User License Agreement ("Agreement" or " EULA" or "User Agreement")
Last updated: Aril 29, 2021
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 agree 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., not Apple, nor Google. 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 and 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 under 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 under the terms of this Agreement.
You may only use the EXALTD CO., Ltd. iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device, or iOS device, or another 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 on an Android smartphone, or pad, or another Android device, or another 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, 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 could 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.
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 activated 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 expiry.
That way, we offer you a full week to test the tuner functionality of the app.
After your 7-day free trial of the tuner feature, the tuner function will deactivate, but you can still use all the other app features, EG. like the tuning calculator, for free.
It's a free app.
All features of the app, except for the tuner feature, will remain active after your trial and are free to use for as long as you like.
There won't be any cost involved when using the app's free features! No worries.
The tuner feature is the only paid feature.
You can activate it, as an optional feature after the trial by getting lifetime access or getting a subscription to the app. There's no purchase obligation at all.
Whether you decide to activate the tuner or not is your choice!
DON'T DEVALUE THE APP RATING WHEN THE 7-DAY FREE TRIAL ENDS BECAUSE YOU EXPECT THE TUNER TO BE 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.
Please acknowledge that we try to inform you, and please support us in our good intentions by offering a free trial of the paid tuner feature, without any strings attached.
We offer you a 100% FREE trial because we want to offer you the opportunity to test the paid tuner feature 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!
We understand that some people who don't read or perhaps don't understand the info we provide become disappointed when they see that the tuner itself is a paid app feature if they initially assumed it was a free feature.
Please don't devalue the app with 1* because the tuner feature is a paid app feature, while all the other app features and the app itself are free.
We found that many people just rate the app with 1* because the tuner feature is paid, without recognizing the info we provide upfront in our app descriptions, inside the app, inside the EULA, etc.
This devalues the app and biases the rating as a trustworthy measure that reflects app quality.
We are a drummer-friendly app and are appreciative of constructive feedback. Please, understand that we mean to do a nice thing for the drummer community, so please be a friendly drummer in return. Thanks!
LOG IN TO ENABLE YOUR TRIAL & CREATE YOUR APP ACCOUNT
An app account is needed to 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 equal 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. (We don't even send you a newsletter or email marketing.) It's just used to provide the app service to you and allow you to back up your personal tuning presets, and grant you a 7-day free trial.
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 logging in.
We have a login screen so that we can offer a truly free trial without any subscription attached.
With your login, you can create your app account and activate its features.
If you dislike logging in, we respect your choice.
(In that case, you don't have to log in. 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.
Another major reason for receiving 1* reviews is that the app has a login screen.
When an app offers a free download, many people leave careless reviews for all kinds of reasons.
(On iOS, we don't offer a free trial: you have to buy the app first before using it. This means only people can review that own the app. since 2013, we didn't receive a single review that complains about a login screen on iOS. This type of review is left on Android by people that download the app for free and don't even use it. Such a review is left by people who didn't even use the app but dislike a login screen, which seems usually based on the faulty assumption that their privacy is jeopardized. This way, the rating gets devalued negatively, reflecting some people's aversion to a login screen instead of reflecting app quality. It devalues the app and undermines its future evolution, which affects the current user base and other drummers.)
The app rating serves as a reference to provide other drummers an idea of the app's quality.
We have good intentions. We aim to offer all drummers the fair opportunity to test the tuner for free.
We communicate as clearly as possible: the app description and app screenshots clearly inform you upfront, before downloading that you have to log in to access the free trial.
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 firstname.lastname@example.org, and we'll kindly absorb your feedback and answer your possible questions about privacy or other concerns per email. Please don't simply underrate a decent drummer tool with 1*. There's no use 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 wish to use the PRESET TUNER mode, you can simply opt to purchase the app or get a subscription to it.
If you don't want to purchase the tuner function, you can use the other features of the app or delete them 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 the activation of the trial.
There's no cost involved 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 or after the trial: 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, besides the tuner function, all other app features 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 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 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 lifetime access depends on the country you're in, the currency exchange rate, and local VAT & other taxes that may be applicable.
The exact pricing at your location depends on local currency & VAT.
You will always know the exact & most actual pricing for your location when you check the pricing inside the app itself.
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.
To activate the tuner, you have the following options:
Monthly subscriptions are not available anymore since April 2021 to new subscribers.
If you opted for an active monthly subscription before April 2021, then you can keep enjoying it.
A monthly subscription gives you full access to all app features and all updates.
This is a recurring subscription, which you can cancel at any time.
After one month, the subscription will automatically renew unless it's canceled within 7 days before the monthly subscription renews.
Currently, a yearly subscription comes at approx. 6 USD / year.
This is a yearly recurring fee unless canceled.
A yearly subscription gives you full access to all app features and all updates.
This is a recurring subscription, which you can cancel at any time.
After one year, the subscription will automatically renew unless it's canceled within 7 days before the yearly subscription renews.
Currently, lifetime access comes at approx. 12 USD. This is a one-time fee.
Lifetime access gives you full access to all app features and all updates.
This is a one-time fee and is never recurring.
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 responsible for purchases made on your 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 signed in to 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.
We are pleased to provide support. If you have any doubts, please contact email@example.com. Thanks!
If you wish to cancel your subscription, please be sure to do that 7 days before the active subscription renews.
A subscription will automatically renew unless it's canceled within 7 days before it renews.
If you cancel a subscription after it is renewed, any payments you've already made won't be refunded by Google.
Of course, in this case, you can still enjoy the app during the subscription period you paid for.
Even if you cancel at any point during the course of the subscription period, you still will be able to use all app features for the entire duration that is left of the subscription period you paid for.
Cancellations can't be undone, but you can always re-subscribe.
Google's policy and Google's terms & conditions apply regarding Play Store subscriptions.
More info can be found here: https://support.google.com/pay/answer/7644008?hl=en
Should you purchase LIFETIME ACCESS as an in-app purchase while having an active subscription, please don't forget to manage & cancel your active subscription via your Play Account! Purchasing lifetime access doesn't automatically stop your active subscription should you have one. So, be sure to cancel it afterward. Otherwise, it will renew.
Uninstalling an app from your device does not cancel any active subscription. Please don't forget to manage & cancel your active subscription via your Play account. Thanks!
Subscriptions versus lifetime access
We want to make sure that you're happy with the app and with the purchase option that you chose to activate the tuner!
So we like to be clear about the following:
From your wallet’s viewpoint
If you don't use the app for that long, say for less than 2 years, then a yearly subscription may be your most economical choice.
For your wallet, a subscription is more economical in the short run.
At the same time, subscriptions are less economical in the long run for your wallet, for example, in case you use the app for longer than, say, 2.5 years.
If you feel like you will be using the app for, say, 2.5 years or more, please be advised that it's more economical for your waller to opt for lifetime access instead.
You could switch and always cancel your subscription and opt for lifetime access instead, should you wish to do so.
From development viewpoint
Because subscriptions are lower in cost, they limit the short-term available development budget. For the app developer, subscriptions generate less revenue in the short run, which isn't beneficial for development.
However, suppose subscriptions are opted for by a sufficiently 'large' and (most importantly) 'loyal' user-base that renews them.
In that case, they contribute to supporting app evolution due to their accumulated, recurring nature in the long run.
As a developer, we hope to see that long-term supportive effect of the accumulation of renewals since it's beneficial from a development viewpoint once accumulated beyond a given threshold otherwise impossible to pass with one-time sales revenue alone.
If you have any questions about the above, please don't hesitate to reach out at firstname.lastname@example.org. We're happy to provide info or support. Thanks!
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to EXALTD CO., Ltd. concerning 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 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.
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 at EXALTD CO., Ltd.‘s sole discretion. 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-party's 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., if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies from your mobile device or 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 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.
d 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 statute, 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 due to 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.
We make no guarantee that the Service will function fully or at all with different operating system versions other than that 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 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, including this Application (e.g., your wireless data service agreement).
Your mobile OS is a third-party beneficiary of this End-User License Agreement. Upon your acceptance, such a 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 exclude or limit incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Suppose any provision of this Agreement is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. 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 before 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 www.drumtunepro.com or 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. It 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.