Instrumentive Terms of Service

Last updated: 24th September 2020

These are the Terms of Service for the ‘Instrumentive’ Service developed by Stonekick Limited. The Instrumentive app is available to download from both the Google and Apple App stores. It has been created to help musicians record and log their instrument practice data.

1. Terms

By accessing Instrumentive, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in Instrumentive are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of Instrumentive per device for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stonekick Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials within Instrumentive are provided on an ‘as is’ basis. Stonekick Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Stonekick Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Instrumentive.

4. Limitations

In no event shall Stonekick Limited be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Instrumentive, even if Stonekick Limited or a Stonekick Limited authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing in Instrumentive could include technical, typographical, or photographic errors. Stonekick Limited does not warrant that any of the materials on Instrumentive are accurate, complete or current. Stonekick Limited may make changes to the materials contained in Instrumentive at any time without notice. However Stonekick Limited does not make any commitment to update the materials.

6. Use of data

You acknowledge that Stonekick will be able to access your downloaded Application content and your personal information, and that Stonekick’s use of such material and information is subject to the Instrumentive Privacy Policy

7. Registration data and sign on credentials

You will be permitted to create username and password information (“Sign-On Credentials”). If you create your own Sign-On Credentials, such Sign-On Credentials are subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason. You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials and within your account. You shall not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You shall immediately notify us at [email protected] of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials. You must us provide with accurate, complete and up-to-date information for your Sign-On Credentials and must update such information, as needed, to keep it accurate, complete and up-to-date. If you do not do so, we have the right to suspend or terminate your Sign-On Credentials and your account.

8. Termination

We reserve the right, in our sole discretion, to remove or reject any Content by you, or to deny, restrict, suspend, discontinue, or terminate your account, Sign-On Credentials or access to the app at any time, with or without prior notice or explanation, for any or no reason, and without liability. We may additionally terminate your account for cause, including for:

Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately deactivate or delete any user’s account and Content, and/or bar any further access to the Services. We shall not be liable for any termination of access to the Services

9. Subscription

You can cancel your subscription to Instrumentive at any time through the Google Play or Apple App store. The cancellation will go into effect at the end of your current billing cycle. Your subscription may start with a free trial. This will last for the period of time specified when you signed up. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel your membership prior to the end of the free trial period.

For any account without a valid subscription, we reserve the right to delete the account and associated data after 90 days.

10. Third-party terms of agreements

Stonekick Limited represents and warrants that Stonekick Limited will comply with applicable third-party terms of agreement when using Instrumentive. If you are using the Services through an Apple device, the following terms apply:

11. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding Instrumentive. If you provide Feedback, you hereby grant to Stonekick Limited a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Stonekick any Feedback that you do not wish to license to us as set forth above.

12. Modifications

Stonekick Limited may revise these terms of service for its app at any time without notice. By using Instrumentive you are agreeing to be bound by the then current version of these terms of service.

13. Contact Information

For general inquiries, complaints, questions or claims concerning Instrumentive, please contact [email protected].