GuitarGym website and related services are operated by SoundGym LTD, Inc. ("GuitarGym", “SoundGym”, "company", “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications.
GuitarGym is an application available as a service online at www.guitargym.co (the "Website"). f allows users to learn and practice guitar, communicate, and collect virtual guitars online. Each of GuitarGym's users ("User" or "you") is invited to enjoy GuitarGym in accordance with the terms and conditions hereunder.
SoundGym, Inc. 58a, Bikurim, Haifa, IL
By connecting to, accessing, or using GuitarGym, you acknowledge that you have read and understood the following terms of use, including the terms of the Privacy Policy (collectively, the "Terms"), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on GuitarGym. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE GuitarGym
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date, which appears at the top of the Terms.
By connecting to, accessing, or using GuitarGym, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing, or using GuitarGym.
GuitarGym is a gamified online social ecosystem for guitar enthusiasts, designed to encourage daily learning, practice, and playing. The platform transforms the routine of guitar practice into a captivating, enjoyable social game, fostering a supportive environment for users to play, practice, and improve their guitar skills.
Please note: GuitarGym, in combination with an amplifier, headphones, and/or speakers, may be capable of producing sound levels that could cause full or partial hearing loss and/or damage to other audio equipment such as speakers. Take all necessary precautions to protect your hearing when using this or any other audio device by ensuring that the maximum output volume of your monitoring system is kept to a safe level well below the threshold of damage. If you encounter any hearing loss or ringing in the ears, you should consult an audiologist.
To become a registered User on GuitarGym, you must open a registered GuitarGym account directly on the Website.
Your account will be activated after you click the activation link we send to the email you provided. According to our Privacy Policy, the details you voluntarily provide us will be kept in confidence.
We may use your email for updates and tips on GuitarGym's products and services, as well as for activity notifications. You can unsubscribe anytime in your account settings, or by using the links at the bottom of our emails. Please note that even if you opt-out, we'll still send you account-related emails, such as purchase confirmation and password reset emails.
You must provide the Company only with true, accurate, and complete information. Otherwise, we will not be able to provide you with the services on GuitarGym and to contact you when necessary.
You will be able to edit or delete your personal account information at any point. Note that part of the information included in your account may be public and, therefore, visible to others. Therefore, to protect your privacy, please avoid disclosing any personally identifiable information.
Basic registration for GuitarGym is free of charge. However, we may decide to charge registration fees or convert a certain free-of-charge service to a fee-based service on GuitarGym in the future. To unlock full access to all GuitarGym features you will have to purchase a Pro subscription or lifetime access to GuitarGym.
4.1 Pro membership is a subscription fee-based program that gives access to all GuitarGym features. You can become a Pro member by purchasing a pro subscription from the Website. GuitarGym offers monthly, annual and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendars. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date, GuitarGym ceases to offer the Products commercially.
4.2 Our 'Monthly' subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that GuitarGym is authorized to charge the same credit card as was used for the initial subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
4.3 Our 'Yearly' subscription is paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that GuitarGym is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
4.4 Our 'Lifetime' subscription requires a one-off upfront payment. You may not assign lifetime subscription plans to any other person. GuitarGym makes no warranties or representations as to the expected lifetime of the GuitarGym services, and in purchasing a lifetime plan, you acknowledge and agree that the GuitarGym services could change or terminate in the future.
4.5 You may cancel automatic renewals of your subscription at any time through your GuitarGym account settings, in your PayPal account, or by contacting us on our Support Page
4.6 You agree to promptly notify GuitarGym of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions you purchase.
4.7 In the course of your use of the Products, GuitarGym, and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to GuitarGym and GuitarGym's third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
4.8 Prices include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon our demand. You agree that you are not permitted to resell any Products purchased through GuitarGym for commercial purposes.
5.1 By subscribing to GuitarGym Pro, you are signing up for an auto-renewing subscription requiring recurring payments, and you expressly authorize GuitarGym to automatically charge the applicable recurring fee and any applicable taxes to your payment method unless and until you cancel.
5.2 GuitarGym subscriptions renew automatically using the payment details that you have provided. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information you provide for the renewal fee and any applicable taxes. The date that your subscription will automatically renew is provided on your Account page and in the payment confirmation email sent after your initial purchase. You may cancel automatic renewal at any time before that date through your Account Setting page or by contacting support.
6.1 You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation through your account settings, by visiting your PayPal account, or by contacting us on our Support Page.
6.2 You may cancel our Yearly and Lifetime subscription plans within the 30-day money-back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment by contacting us on our Support Page. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money-back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription.
6.3 You can delete your free account in your account settings. Deleting your account will permanently lose all game history, personal settings, and the remaining portion of any subscription. You can only delete a free account. Pro accounts cannot be deleted. However, you can cancel auto-renewal and wait for your subscription to end, or you may request immediate account deletion by emailing us.
7.1 GuitarGym yearly and lifetime plans offer a 30 day, 100% money-back guarantee. You may receive a refund by contacting our customer service within 30 days of your purchase. After that 30 day window, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.
7.2 Other than stated above, you hereby acknowledge and agree that GuitarGym will not offer refunds on any fees and charges related to your purchase of any Services.
We want GuitarGym to be a community where everyone feels respected.
8.1 Copyrights
You are responsible for all activity associated with your account, including all content that you post. Anyone uploading another person's content without the necessary permissions is liable to have that content removed or their account terminated. Avoid engaging in behavior that is offensive, discriminatory, or harassing.
8.2 Respect
GuitarGym is an open community made up of people with differing views, opinions, and cultural backgrounds. We support freedom of speech and the fundamental right for individuals to express themselves and expect everyone else to do the same.
8.3 Don't Spam
The following activity is not permitted: Posting unsolicited links to commercial spam i.e. profiles or content whose sole aim is to drive traffic to external websites, via posts, messages, comments, profile and track descriptions or artwork, creating multiple accounts.
8.4 Talk Music
GuitarGym community is all about guitars, music and music education. Please avoid off-topic conversations and politics. There are other places for that.
8.5 Forbidden Content
There are certain types of content that have no place on GuitarGym. In order to protect the community and maintain positivity, please don't post:
a. Pornography: Don't post any content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification. This includes, but is not limited to, images containing nudity.
b. Hate speech: We will not tolerate content that promotes or encourages hatred, discrimination, or violence against others based on things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation.
We actively moderate the service and ban users who violate these rules. We reserve the right to suspend accounts or remove content for violating these guidelines or for any reason, but particularly to protect our users and community.
8.6 Space Administrators
GuitarGym members can open public or private spaces. Any new Space requires approval, and only guitar and music-related spaces will be approved.
Space administrators are responsible for keeping their spaces friendly and positive. Space admins can set space rules, titles, and descriptions. Space admins have the right to add members, ban a member from space, and delete posts that are not in line with GuitarGym (or Space) rules and attitudes.
8.7 Changing, Closing and Deleting Spaces
Public spaces that show no activity for more than a month might be deleted. Admins can ask GuitarGym to transfer the admin role to another member or to close a space, but GuitarGym has the right not to close a public space. GuitarGym also has the right to change, replace, and add admins to any public space.
The Service may include an opportunity to earn and purchase virtual, in-game currency ('Coins') that may require you to pay a fee using real money to obtain the Coins. Coins can never be redeemed for real money. Your purchase of Coins is final and is not refundable, transferable or exchangeable. You may not purchase, sell, or exchange Coins outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. GuitarGym retains the right to manage, control, modify, and/or eliminate coins or items you purchase with Coins at its sole discretion. Prices and availability of Coins are subject to change without notice.
We may deny you access to all or part of GuitarGym at any time for any or no reason, with or without notice. If we terminate your right to access GuitarGym, these Terms Of Use will terminate, and all rights you have to access GuitarGym will immediately terminate. Termination of your Account may also include, at GuitarGym's sole discretion, the deletion of your Account and/or Your Content.
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access, or use GuitarGym. Our policy and practices and the type of information collected are described in detail in our Privacy Policy. If you intend to connect to, access, or use GuitarGym, you must first read and agree to the Privacy Policy.
GuitarGym is committed to ensuring the safety and privacy of all our users, particularly minors. To use the full features of GuitarGym, including posting, messaging, and participating in community interactions under a real name, you must be at least 13 years old.
If you are under the age of 13, you are not permitted to create a GuitarGym account or use our interactive services. Users between the ages of 13 and 18 should have parental or legal guardian consent to register and participate on GuitarGym.
We reserve the right to request proof of age at any time to verify that users under the age of 13 are not using our service. If we discover that an account is held by a user under the age of 13, we will take appropriate steps to close such accounts and delete any personal information retained in our databases.
Certain conducts are strictly prohibited at GuitarGym. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to GuitarGym and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
GuitarGym reserves the right to modify or discontinue, temporarily or permanently, with or without notice. You agree that GuitarGym shall not be liable to you or any third party for any modification, suspension, or discontinuance of GuitarGym.
GuitarGym and the Intellectual Property rights pertaining thereto (other than User Generated Content) including, but not limited to, vGuitars, music, sounds, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of GuitarGym), visual and audio effects, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws, and international conventions.
GuitarGym allows you to upload, post, publish, and make available through it your own copyright-protected or copyrightable materials, including, without limitation, links to such copyright-protected or copyrightable materials. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way.
16.1 As a condition for your use of GuitarGym, you hereby represent and warrant that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use GuitarGym in accordance with these Terms, and to perform your obligations hereunder fully; If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms; The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and you will not infringe or violate any of the Terms.
16.2 You acknowledge and agree that the Company may remove any User-Generated Content and/or discontinue your use of GuitarGym in its sole discretion with or without any reason; The Company may integrate commercials and advertisements, whether within or beside GuitarGym. All the information contained in such commercials and advertisements belongs solely to the advertisers, and the Company makes no warranties or representations as to such advertisements or whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge, and consent that no right, title, or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
"GuitarGym", "SoundGym", the Company's logo, and all other proprietary identifiers used by the Company in connection with GuitarGym ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on GuitarGym belong to their respective owners ("Third Party Marks"). No right, license or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that you shall not assert such right, license, or interest with respect to the Company Trademarks or the Third Party Marks.
GuitarGym may contain links to third party's websites ("Third Party Sites"), whether such links have been suggested by the Company or shared by any Users. You hereby acknowledge that the Company has no control over such Third-Party Sites, and you further acknowledge and agree that the Company is not responsible for the availability of Third-Party Sites and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials on or available at Third-Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always a good idea to read such documents carefully.
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside GuitarGym. By clicking the advertisements, you may be transferred to a website of an advertiser or receive any other messages, information, or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
GuitarGym' availability and functionality depend on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that GuitarGym will operate at all times without disruption or interruption or that it will be immune from unauthorized access or error-free.
The Company may change GuitarGym' layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on GuitarGym. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If you have registered directly to GuitarGym, you may change, edit, correct, or delete any and all information included in your personal account at any time. For the cancellation and removal of your account from GuitarGym and on any matters that extend the usual management of your account, please contact us on our Support Page
The Company may change the Terms from time to time, including the Privacy Policy or any other policies incorporated thereto. Substantial changes will be first notified at guitargym' homepage. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately or as required by the law and without any prior notice.
You hereby agree and acknowledge to accept any changes made in the Terms and the accompanying policies and to be bound by them. Should you continue to use GuitarGym after the changes are made, your acceptance of the new Terms will be indicated. You are recommended to review the Terms from time to time, as they may change every once in a while.
At any time, the Company may block your access to GuitarGym and/or temporarily or permanently limit, suspend, or terminate your personal profile for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner. Additionally, the Company may at any times, at its sole discretion, cease the operation of GuitarGym or the Application or any part thereof, temporarily or permanently, without giving any prior notice and without saving any back-up of any of the User's clips or other User Generated Content. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of GuitarGym' operation and loss of any data, including User Generated Content, as a result.
GuitarGym, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT GuitarGym WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO GuitarGym AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF GuitarGym, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF GuitarGym, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH GuitarGym. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT.
GuitarGym CAN CAUSE HEARING LOSS. GuitarGym CAN NOT BE HELD LIABLE FOR ANY DAMAGE TO YOUR HEARING
GuitarGym CAN NOT BE HELD LIABLE FOR DAMAGE OR LOSS OF YOUR HARDWARE, MUSIC EQUIPMENT, DATA, SOFTWARE OR HEALTH. YOU USE THIS SOFTWARE ON YOUR OWN RISK.
THE USE OF GuitarGym IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, HEARING LOSS, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF GuitarGym, OR THE USE OR INABILITY TO USE GuitarGym, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO FIVE US DOLLARS ($5).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of GuitarGym; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to GuitarGym. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached via email at [email protected]
29.1 These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
29.2 In participating in challenges, contests, giveaways, and competitions. The winner will be required to pay any taxes, duties, or VAT according to your country's rules when receiving the prize.
29.3 Any claim relating to GuitarGym or its use thereof will be governed by and interpreted in accordance with the State of New York, USA, without reference to its conflict-of-law principles.
29.4 Any dispute arising out of or related to your use of GuitarGym will be brought in, and you hereby consent to exclusive jurisdiction and venue in the competent courts of the city of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that the process may be served in a manner authorized by applicable law or court rule.
29.5 If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
29.6 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
29.7 These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.