Artie's Terms of Use

• ArtMaster offers weekly, monthly, and annual subscription plans for the full version of Artie, subject to these Terms of Use, the EULA and any applicable app-store terms.

• You can try out Artie’s basic features in the Free Tier version.

• A 7-day free trial period may be available for selected Subscription plans, if displayed in Artie, on the Website or in the relevant app store before purchase. Unless the User cancels the Subscription before the free trial expires, the selected Subscription will automatically renew and the User will be charged the applicable Subscription fee.

• The User can cancel a free trial or Subscription in the subscription management section of the relevant app store or, for Subscriptions purchased directly from ArtMaster, in the settings or manage subscription section of the User Account. Cancellation takes effect at the end of the then-current billing cycle, unless mandatory applicable law or the relevant app-store terms provide otherwise.

• Refunds for purchases made through the Apple App Store are handled by the relevant platform provider under its own terms and refund policies. ArtMaster does not control the approval or processing of such refunds. Outside the applicable app-store refund process, the User has no automatic right to a refund unless required by mandatory applicable law or expressly stated in these Terms of Use.

• Use of Artie does not give the User any ownership right or other legal entitlement to any Content, songs, tutorials, courses, progress, achievements, scores, virtual items or other in-app elements. Such elements may be modified, replaced, suspended, discontinued or removed in accordance with these Terms of Use.

• ArtMaster is completely transparent in its business activities therefore we will always send you a tax document - receipt in electronic form to the email address you provided.

• Please note that Artie is only provided to you and solely for educational purposes. You should not modify or alter it in any way and/or use it in violation of these Terms of Use or in violation of the law. You have no right to assign the license to Artie to a third party or to grant a sub-license.

• Because we highly value your privacy, we have prepared our Privacy Policy. With us you can rest assured that we meet some of the world’s most stringent and demanding data protection requirements as we are fully GDPR compliant.

• We are constantly trying to improve our services to meet your expectations. If something doesn’t work as it should or you just suggest improving the service, we greatly appreciate your feedback. Please drop us an email at info@artmaster.com.

• The complete wording of our Terms of Use can then be found below.

ARTIE’S TERMS OF USE

of the company

Art Master Academy s.r.o.

with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, Czech Republic, Company ID No.: 07597177, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703 (hereinafter referred to as the “ArtMaster”),

ArtMaster operates the mobile application Artie: AI Piano Teacher which is a GPT-powered AI piano teacher. The User is hereby informed that when using Artie, he/she is interacting with an AI system.

The mutual rights and obligations of the User and ArtMaster, in particular the rights and obligations arising from the Contract and the usage of Artie, are governed by these Terms of Use (hereinafter referred to as the “Terms of Use”).

Artie uses artificial intelligence and automated systems to generate or adapt feedback, explanations, recommendations, exercises and other outputs. Such outputs may be incomplete, inaccurate, unsuitable for the User’s individual circumstances or different from the guidance that would be provided by a human teacher. Artie is provided for educational and practice-support purposes only and does not constitute professional, medical, therapeutic, ergonomic or safety advice. The User remains responsible for assessing whether any AI-generated output is suitable for his or her own practice, skill level, health, Device, instrument and environment.

Artie is not intended for distribution to or use by any User in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, Users who choose to access and use Artie from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Artie is not tailored to comply with industry-specific regulations.

For EU-based Users: Artie is intended for Users who are at least 16 years of age. Users under 16 years of age may access or use Artie, or create or use a User Account, only with the prior consent and supervision of a parent or legal guardian, and only where such access or use is permitted under applicable law.

For U.S.-based Users: Artie is not intended for use by children under 13 years of age. Users under 13 years of age are not permitted to access or use Artie or create or use a User Account. Users aged 13 to 15 may access or use Artie, or create or use a User Account, only with the prior consent and supervision of a parent or legal guardian, and only where such access or use is permitted under applicable law.

General rule: Where a higher minimum age, stricter parental consent requirement or additional legal requirement applies under the laws of the User’s country, state or other applicable jurisdiction, such higher, stricter or additional requirement shall apply. If ArtMaster becomes aware that Artie has been accessed or used, or that a User Account has been created or used, in breach of this Article, ArtMaster may suspend or delete the relevant User Account and take any other steps required or permitted by applicable law

Definitions

1. In these Terms of Use:

   1. “Artie” means a computer program, AI system – a mobile application available on App Store, which is a real-time, interactive AI music (piano) tutor that listens, speaks, and adapts depending on the User’s piano playing, which is by its nature digital content (intangible object) protected by copyright;

   2. “Website” means a computer program - a website available on www.artmaster.com, through which the User can Register, manage User Account and order a Monthly subscription to Artie;

   3. “Device” means iPhone and/or iPad – iPhone XS (2018), iPhone XS Max (2018), iPhone XR (2018), iPhone SE (2nd Gen.) and newer and/or iPad Pro 11-inch 1st Generation (2018), iPad Pro 12.9-inch 3rd Generation (2018), iPad Air 3rd Generation (2019), iPad (7th Generation, 2019), iPad Mini (5th Generation, 2019) and newer;

   4. “Contract” means a contract for the provision of digital content concluded between the User and ArtMaster. For User from the European Union it is within the meaning of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the provision of digital content and services. By entering into the Contract, the User is permitted to use Artie;

   5. “EULA” means an end user license agreement, the terms of which shall govern User’s use of Artie together with these Terms of Use and Contract;

   6. “Free Tier” refers to the level of access granted to a User to Artie, accessible through the User’s Account. This access is valid until the User or ArtMaster does not terminate it, commencing from the date of activation if the User selects this option. During this period, the User is entitled to use Artie to a limited extent, whereby the following functions will not be available to her/him: access to selected parts of content and limited usage, subject to the Terms of Use specified herein. ArtMaster is entitled to cancel the Free Tier option at any time at its sole discretion.

   7. “Weekly Subscription” refers to the level of access granted to a User to all Artie’s functionalities, accessible through the User’s Account. This access is valid for a period of one (1) week, commencing from the date of activation of the Weekly Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Weekly Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;

   8. “Monthly Subscription” refers to the level of access granted to a User to all Artie’s functionalities, accessible through the User’s Account. This access is valid for a period of one (1) month, commencing from the date of activation of the Monthly Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Monthly Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;

   9. “Annual Subscription” refers to the level of access granted to a User to all Artie’s functionalities, accessible through the User’s Account. This access is valid for a period of one (1) year, commencing from the date of activation of the Annual Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Annual Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;

   10. “Subscription” refers to Weekly Subscription, Monthly Subscription and Annual Subscription combined.

   11. “Order summary” means the part of the Website that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the Website and/or Artie, in particular selecting the Free Trial Period, Weekly Subscription, Monthly Subscription and/or Annual Subscription option;

   12. “ArtMaster” means the company Art Master Academy s.r.o., with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, company ID No.: 07597177, a company registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703;

   13. “Access Data” means the unique login name entered by the User into the Artie and/or Website database during Registration and associated password subsequently generated by ArtMaster;

   14. “Registration” means the electronic registration of the User to Artie and/or Website database by filling in at least the mandatory registration data in the Artie and/or Website user interface and Access Data or by using User’s Apple ID, Google Account or Facebook Account and their subsequent storage in the Website database;

   15. “Consumer” means a User - a person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with ArtMaster or otherwise deals with him;

   16. “User” means a Consumer with whom ArtMaster enters into the Contract. Entrepreneurs and other legal entities are not permitted to enter into the Contract and use Artie;

   17. “User Account” means a section of the Artie and/or Website that is created for each User by Registration (i.e., is unique to each User) and is made available to each User after the User enters Access Data;

   18. “Free Trial Period” refers to a limited time period of 7 days offered to Users who subscribe to Annual, Monthly or Weekly Subscription. During the Free Trial Period, the User is granted full access to Artie’s functionalities, without any cost. If the User does not cancel the subscription before the end of the Free Trial Period, he/she will be charged for the Annual, Monthly or Weekly Subscription fee. The Free Trial Period is a one-time offer for new Users only;

   19. “Order” means Order for Free Tier or Subscription to Artie;

   20. “Content” means all content, materials and elements made available by ArtMaster in or through Artie and/or the Website, including all software, source code, object code, databases, functionality, website and app designs, audio, illustrations, video, text, photographs, graphics, songs, tutorials, exercises, lessons, courses, scores, achievements, progress indicators, virtual items and other in-app elements. Content does not include User Content;

   21. “User Content” means any content, file, data or material uploaded, imported, created, submitted, generated or otherwise made available by the User in or through Artie, including any MIDI file, song file, music file, recording, audio file, notation file or other similar file or format;

   22. “In-App Elements” means any songs, tutorials, courses, exercises, lessons, achievements, progress, scores, virtual items, unlocks, badges, settings, recommendations, analytics outputs or other digital elements displayed or made available in Artie;

   23. “Marks” mean all trademarks, service marks, and logos contained in Artie and/or Website;

“Parties” mean User and ArtMaster.

1. ArtMaster enters into contract for the provision of digital content (Contract) under which the digital content is copyrighted.

2. Regarding the price of the Subscription:

   1. If a User selects the Annual Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-year of the Annual Subscription. This fixed pricing applies to the license rights allowing access to Artie through the User’s Account. The stability of pricing is assured for the one-year period of the Annual Subscription, commencing from the date of purchase or renewal of the Annual Subscription, and is not subject to any increase during this period.

   2. If a User selects the Monthly Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-month of the Monthly Subscription. This fixed pricing applies to the license rights allowing access to Artie through the User’s Account. The stability of pricing is assured for the one-month period of the Monthly Subscription, commencing from the date of purchase or renewal of the Monthly Subscription, and is not subject to any increase during this period.

   3. If a User selects the Weekly Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-week of the Weekly Subscription. This fixed pricing applies to the license rights allowing access to Artie through the User’s Account. The stability of pricing is assured for the one-week period of the Weekly Subscription, commencing from the date of purchase or renewal of the Weekly Subscription, and is not subject to any increase during this period.

3. ArtMaster is entitled to change the price of the Subscription at any time at its sole discretion, of which the User will be informed via his/her User Account. If the User does not agree with the change in the Subscription fee, it is necessary to cancel the Subscription via his/her User Account, in which case the Subscription will end on the last day of the period for which the Subscription was agreed, thereby the Contract is terminated.

4. If the User does not cancel the Subscription after the price change, he/she will be charged the changed Subscription fee after the last day of the period for which the Subscription was agreed.

5. The prices of the Subscription provided on the Website and/or via Artie may be both inclusive and/or exclusive of VAT, including all fees stipulated by law. The price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the price; such costs shall be borne solely by the User.

6. Where the Contract concerns the supply of digital content or a digital service that is not supplied on a tangible medium, the User expressly agrees that ArtMaster may begin supplying Artie and the relevant digital content or digital service before the expiry of the statutory withdrawal period. The User acknowledges that, where required by mandatory applicable law, by giving such express consent and acknowledging the resulting loss of the right of withdrawal, the User loses the right to withdraw from the Contract once ArtMaster begins supplying the relevant digital content or digital service. Nothing in this Article limits any mandatory rights of the User arising from defective performance, non-conformity of digital content or any other consumer rights that cannot be excluded or limited under applicable law.

7. The prices of Subscription remain in effect for as long as they are displayed on the Website and/or via Artie. The prices of the Subscription are not adjusted to the User’s personality based on automated decision making. This provision does not limit ArtMaster’s ability to enter into the Contract on individually negotiated terms.

8. ArtMaster does not require a deposit or other similar payment from the User. This does not affect the User’s obligation to pay the price of the Subscription.

9. The User does not incur any delivery costs.

10. ArtMaster has the right to provide the User with a discount on the price of the Subscription. Discounts on the price of the Subscription cannot be combined with each other unless expressly stated otherwise.

11. The price for the Subscription does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the price for the Subscription fee (for example, internet connection costs); such costs are solely the User’s costs.

12. The User hereby expressly consents to the digital content being delivered to him/her before the expiry of the statutory withdrawal period and acknowledges that, where required by mandatory applicable law, by giving such express consent the User loses the right of withdrawal from the Contract once ArtMaster begins supplying the digital content. This does not limit any mandatory rights of the User that cannot be excluded or limited under applicable law.

1. The User begins the contractual process by selecting a desired Subscription plan (Weekly Subscription, Monthly Subscription and/or Annual Subscription) or Free Tier option on the Website and/or via Artie. This choice determines the scope and duration of access to Artie.

2. If the User proceeds with the selection via the Website, he/she will then be redirected to download Artie onto his/her Device via App Store.

3. Via the Website and/or Artie ArtMaster indicates the designation of Artie, detailed information about the characteristics of Artie, the price of the Subscription and all related fees.

4. Subscription

   1. To order the Annual Subscription, the User shall click on the “Start 7-day-free trial” (“Free Trial option”) or button “Buy for § … annually” (“Buy For option”) or a button with a similar meaning.

   2. To order the Monthly Subscription, the User shall click on the “Buy for § … monthly” (“Buy For option”) or a button with a similar meaning.

   3. To order the Weekly Subscription, the User shall click on the “Buy for § … weekly” (“Buy For option”) or a button with a similar meaning.

(hereinafter together referred to as “Order for Subscription”)

5. To activate the Subscription, the User is required to download Artie via App Store, Register, enter into EULA, place the Order for Subscription and provide valid credit or debit card details. This information is essential for processing the Subscription.

6. If the User chooses the Buy For option, ArtMaster is entitled to payment of the Subscription price and the User’s credit card will be charged the price for the Subscription fee. Upon successful payment of the Subscription fee and the creation and verification of the User’s Account, full access to all available functionalities to Artie is granted to the User and the Contract is concluded.

7. If the User chooses the Free Trial option, the Free Trial Period of 7 days begins immediately after verification of the User’s Account and providing valid credit or debit card details. During this Free Trial Period, the User can fully explore and utilize Artie without any charge.

8. The User retains the right to cancel the selected Subscription at any time during the Free Trial Period. If the User cancels before the Free Trial Period expires, no charges will be applied to the credit or debit card.

9. If the User does not cancel the selected Subscription within the Free Trial Period, the Subscription shall be deemed confirmed upon the expiration of this period. Consequently, ArtMaster shall be entitled to payment of the applicable Subscription fee and the User’s credit or debit card will be charged the price for the Subscription fee and the Contract for the selected Subscription shall be concluded.

10. Subscription auto-renews at the end of each relevant period unless cancelled. The User may cancel his/her Subscription at any time. Cancellation will take effect at the end of the current billing cycle (Weekly Subscription, Monthly Subscription and/or Annual Subscription).

11. Free Tier

    1. To activate Free Tier, the User is required only to download Artie via App Store, Register and enter into EULA with ArtMaster.

    2. The Free Tier version of Artie is limited in terms of its functionality. Details regarding the functionality of Artie in the Free Tier version can be found on the Website and in the Artie’s interface.

12. Order

    1. Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.

    2. The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, if applicable, billing address. The User acknowledges that ArtMaster will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.

    3. The User sends the order to ArtMaster by clicking on the button marked “Proceed to payment” or “Confirm order” or a button with a similar meaning. Immediately before the User submits an Order that entails an obligation to pay, ArtMaster shall clearly and prominently display the main characteristics of Artie, the total price, the billing period, the auto-renewal terms, the free-trial conversion terms, the minimum duration of the User’s obligations and the cancellation method.

    4. The Contract between ArtMaster and the User is concluded at the moment of acceptance of the these Terms and Condition, Registration, conclusion of EULA and in case of Subscription at the moment of the payment of the Subscription fee.

    5. The User agrees to the use of remote means of communication when concluding the Contract. The costs incurred in connection with the conclusion of the Contract shall be borne solely by the User, and such costs shall not differ from the basic rate.

    6. Subscriptions can be also purchased via App Store. Purchases made through this platform are subject to its respective terms of service and payment policies.

    7. Any services or products presented within the user environment of the App Store, Website and/or via Artie are for informational purposes only and ArtMaster is not obligated to enter into a Contract with the User.

1. Upon conclusion of the Contract, the following provisions shall come into force:

   1. If a User selects the Free Tier option, he/she will be granted a right to use Artie to a limited extent, provided that the other conditions set out in these Terms of Use are met.

   2. If a User selects the Subscription option, he/she purchases from ArtMaster access to all Artie’s functionalities. This access is valid for a period of the said period regarding on which Subscription option the User has selected (Weekly Subscription, Monthly Subscription or Annual Subscription), commencing from the date of activation of the Subscription and auto-renews at the end of each period unless cancelled, provided that the other conditions set out in these Terms of Use are met.

2. ArtMaster has the right to withdraw from the Contract for any reason or no reason until access to Artie is granted to the User. The legal action of ArtMaster consisting in notifying the User that it cannot provide access to Artie ordered by him/her is also considered as withdrawal from the Contract.

3. The User has the right to choose from the options displayed to the User in the user environment of the App Store, Website and/or Artie the method of payment of the price and, if applicable, other monetary benefits to ArtMaster.

4. Subscription can be also purchased via App Store. Purchases made through this platform are subject to its respective terms of service and payment policies. Purchases made through the App Store are subject to this platform’s refund policies and processes.

5. If any of the payment methods contains information about the costs of making such payment, the User is obliged to bear the costs of making such payment, which are indicated for the payment in the user environment of the App Store, Website and/or via Artie.

6. As for the Subscription ArtMaster will always send the User a tax document - receipt in electronic form to the User’s email address entered during Registration.

7. If ArtMaster provides a gift to the User together with the Subscription, the gift agreement between the User and ArtMaster is concluded with the condition that if the Contract is terminated (e.g. due to withdrawal from the Contract), the gift agreement shall terminate without further delay from the beginning together with the Contract and the User shall be obliged to return the gift provided.

8. The User is entitled to exercise the right to withdraw from the Contract and the rights arising from defective performance at ArtMaster’s registered office or via e-mail at info@artmaster.com.

9. Unless cancelled before the end of the then-current billing cycle, each Weekly Subscription, Monthly Subscription and Annual Subscription automatically renews for successive periods of the same duration and the User will be charged the applicable Subscription fee for the renewed billing cycle.

10. The User is responsible for cancelling the Subscription using the same purchase channel through which the Subscription was purchased, unless another cancellation method is expressly made available by ArtMaster. For purchases made through the Apple App Store cancellation must be made through the relevant platform’s subscription management tools.

11. Cancellation prevents future renewal but does not, unless mandatory applicable law or the relevant app-store terms provide otherwise, entitle the User to a refund or pro rata refund for the then-current billing cycle. Access to the relevant Subscription will normally continue until the end of the then-current billing cycle.

12. Refunds for purchases made through the Apple App Store are requested, assessed, approved and processed by the relevant platform provider under its own terms, rules and refund policies. ArtMaster may provide relevant consumption, usage or technical information to the platform provider where permitted by applicable law and the Privacy Policy, but ArtMaster does not control the platform provider’s refund decision or refund processing.

13. For purchases made directly from ArtMaster outside a third-party app store, the User has no automatic right to a refund after access to Artie or the relevant digital content has been provided, unless required by mandatory applicable law, expressly stated in these Terms of Use or agreed by ArtMaster in an individual case. This does not limit the User’s mandatory rights arising from defective digital content or any mandatory withdrawal rights that cannot be contractually excluded.

14. Where Artie is downloaded, purchased or subscribed to through the Apple App Store, the User’s purchase, payment, renewal, cancellation and refund process may also be governed by the applicable terms, rules and policies of that platform. In the event of a conflict between these Terms of Use and mandatory platform terms applicable to the relevant purchase channel, the mandatory platform terms shall apply only to the extent of such conflict. ArtMaster is not responsible for any payment processing, refund decision, refund timing, platform account issue, app-store outage, platform billing error or other matter that is controlled by the relevant third-party platform provider, except to the extent mandatory applicable law provides otherwise.

1. After fulfilling the specified conditions, in particular, after Registration and in case of Subscription payment of the Subscription fee, ArtMaster will allow the User to use Artie in accordance with these Terms of Use and EULA.

2. ArtMaster provides Artie “AS IS” with the understanding that it does not guarantee the unlimited availability of Artie. ArtMaster makes no warranties or other guarantees in this regard, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. to the extent permitted by law. ArtMaster is not responsible for the content, quality and scope of Artie, ArtMaster does not warrant that Artie will be error-free, free of viruses or other harmful components, or compatible with User’s specific hardware or operating system.

3. ArtMaster shall not be liable for any inability to access and use Artie caused by the technical characteristics of the device from which Artie is are accessed and used (whether in terms of software or hardware) or for any damage caused by the unsuitability of such device, nor for the functionality or operation of the device.

4. ArtMaster is entitled to update, modify, improve, replace, suspend, discontinue, remove, reset or limit Artie and its functionalities, structure, sections, parts and content and scope, including its technical design, user interface, algorithms, AI functionality, songs, tutorials, courses, exercises, lessons, Content, In-App Elements, older versions, compatibility, technical requirements or any other feature or part of Artie from time to time. ArtMaster may discontinue, suspend or modify any part of Artie without prior notice. The User has no right to preservation, continued availability or continued support of any previous version, feature, functionality, song, tutorial, course, exercise, lesson, Content or In-App Element, including during an active Subscription, except to the extent mandatory applicable law provides otherwise. For Users from the European Union, any modification of digital content supplied for a specified period shall be made in accordance with Articles 7.17 to 7.20 of these Terms of Use and any mandatory applicable law.

5. ArtMaster is entitled to temporarily suspend access to and/or usage of Artie at any time, e.g. for reasons of security, force majeure, decision of a competent authority or court, exercise of rights necessary for the operation or maintenance of Artie, without this being considered a breach of the ArtMaster’s obligations. However, ArtMaster is obliged to inform the User of such temporary suspension of the access to and/or usage of Artie, if possible in advance, otherwise within a reasonable period of time, by means of a notice published on the Website and/or via Artie; at the same time, ArtMaster shall also notify the User of the reason and the expected duration of the suspension of the access to and/or usage of Artie. ArtMaster does not guarantee that Artie, the User Account, Content, In-App Elements or any particular functionality will be available continuously, uninterrupted, error-free or without limitations. Temporary downtime, interruption, latency, malfunction, restricted availability, suspension, maintenance, updates, security measures, third-party platform failures, network failures or other technical limitations shall not, by themselves, give rise to any claim, compensation, refund, extension of the Subscription period or other entitlement of the User, unless required by mandatory applicable law or expressly provided in these Terms of Use.

6. ArtMaster is entitled to block the User’s access to and/or usage of Artie, terminate or suspend the User’s access to and/or usage of Artie if the User violates his/her obligations under these Terms of Use, EULA and/or if ArtMaster has reasonable grounds to suspect that the User is making Artie available to third parties, or if ArtMaster reasonably suspects or determines that the User has engaged in abuse, piracy, circumvention, unauthorized access, reverse engineering, tampering, infringement of intellectual property rights, unlawful use of User Content, fraudulent conduct, refund abuse, payment abuse, sharing or resale of Access Data, or any other misuse of Artie. Where appropriate and technically feasible, ArtMaster may also remove, disable, restrict or preserve relevant User Content, logs, technical data or account information for the purposes of investigation, enforcement, fraud prevention, legal compliance, dispute handling or protection of ArtMaster, Users or third parties, subject to the Privacy Policy and applicable data protection law. Suspension, restriction or termination under this Article does not entitle the User to any refund, compensation or other claim, unless required by mandatory applicable law.

7. ArtMaster is entitled to terminate the Contract at any time in case of breach of the User’s obligations by withdrawing from the Contract with immediate effect by sending an e-mail to the User.

1. Prohibited activities

   1. User may not access or use Artie for any purpose other than that for which ArtMaster makes Artie available. Artie may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ArtMaster.

   2. User agrees and undertakes not to:

      1. Systematically retrieve data or other content from Artie to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ArtMaster;

      2. Trick, defraud, or mislead ArtMaster and other Users, especially in any attempt to learn sensitive account information such as User Access Data;

      3. Circumvent, disable, or otherwise interfere with security-related features of Artie, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Artie and/or the Content contained therein, and the User may not, and may not permit any third party to, decompile, reverse engineer, disassemble, decipher, translate, modify, adapt, copy, reproduce, scrape, extract, tamper with, interfere with, circumvent, bypass or otherwise unlawfully access Artie, its source code, object code, algorithms, models, prompts, databases, security features, access controls, payment controls, anti-piracy measures, technical infrastructure, servers, APIs or any part thereof, except to the limited extent such restriction is expressly prohibited by mandatory applicable law; the User may not use cheats, bots, scripts, emulators, unauthorized clients, automation tools, scraping tools, data-mining tools or any other technical means to access, manipulate, disrupt, overload, exploit or interfere with Artie or any part of it;

      4. Disparage, tarnish, or otherwise harm, in ArtMaster’s opinion, ArtMaster and/or Artie;

      5. Use any information obtained from Artie in order to harass, abuse, or harm another person;

      6. Make improper use of ArtMaster’s support services or submit false reports of abuse or misconduct;

      7. Use Artie in a manner inconsistent with any applicable laws or regulations;

      8. Engage in unauthorized framing of or linking to Artie;

      9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any uninterrupted use and enjoyment of Artie or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Artie;

      10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

      11. Delete the copyright or other proprietary rights notice from any Content;

      12. Attempt to impersonate another User or person or use the Access Data of another User;

      13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

      14. Interfere with, disrupt, or create an undue burden on Artie or the networks or services connected to Artie;

      15. Harass, annoy, intimidate, or threaten any of ArtMaster’s employees or agents engaged in providing any portion of Artie to the User;

      16. Attempt to bypass any measures of Artie designed to prevent or restrict access to Artie, or any portion of Artie;

      17. Copy or adapt the Artie’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

      18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Artie;

      19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Artie, or use or launch any unauthorized script or other software;

      20. Use a buying agent or purchasing agent to make purchases on Artie;

      21. Make any unauthorized use of Artie, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User Accounts by automated means or under false pretenses;

      22. Use Artie as part of any effort to compete with ArtMaster or otherwise use the Artie and/or the Content for any revenue-generating endeavor or commercial enterprise;

      23. Use Artie to advertise or offer to sell goods and services;

      24. Sell or otherwise transfer User Account;

      25. Share, sell or redistribute Access Data;

   3. Violations of these prohibited activities by the User may result in legal action. ArtMaster reserves the right to report such violations to law enforcement authorities and cooperate with their investigations as necessary.

2. User Content

   1. Artie may allow the User to upload, import, create, process or use User Content, including MIDI files or other song, music, audio, notation or similar files or formats. Unless a specific functionality of Artie expressly provides otherwise, User Content is stored locally on the User’s Device and is not made publicly available by ArtMaster, shared with other Users or hosted by ArtMaster for online distribution.

   2. The User is solely responsible for all User Content, including its legality, accuracy, quality, integrity, storage, backup and use. ArtMaster does not verify, approve or assume responsibility for User Content.

   3. The User represents and warrants that the User owns, has licensed or is otherwise legally authorized to upload, import, process and use the User Content in Artie, and that such upload, import, processing and use does not infringe any copyright, neighbouring right, moral right, trademark, trade secret, privacy right, publicity right or any other right of any third party and does not violate any applicable law.

   4. The User shall not upload, import, process or use any User Content for which the User does not hold all necessary rights, licences, consents and authorisations.

   5. The User shall not upload, import, process or use any User Content that is unlawful, infringing, harmful, malicious, technically disruptive, defamatory, obscene, abusive, discriminatory or otherwise contrary to these Terms of Use, the EULA or applicable law.

3. User Content licence

   1. The User grants ArtMaster a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free licence to access, display, reproduce, process, adapt technically, analyse and otherwise use User Content solely to the extent necessary to provide, operate, maintain, secure, troubleshoot and improve the relevant functionality of Artie for the User, to provide technical support, to detect fraud, abuse or infringement, and to enforce these Terms of Use and the EULA.

   2. ArtMaster does not acquire ownership of User Content. ArtMaster shall not sell User Content or use User Content for external advertising or public distribution, unless the User has separately and expressly agreed to such use or unless such use is required or permitted by mandatory applicable law.

   3. If User Content remains stored locally on the User’s Device and is not transmitted to ArtMaster, ArtMaster’s practical ability to access or process such User Content is limited to the functionality actually enabled in Artie and to the data actually made available to ArtMaster.

   4. The User remains solely responsible for maintaining backups of User Content. ArtMaster is not liable for loss, corruption, deletion or unavailability of User Content stored locally on the User’s Device, except to the extent mandatory applicable law provides otherwise.

1. The following provisions of this Article apply only to Users from the European Union.

2. If ArtMaster is in default in making Artie available, the User may withdraw from the Contract if ArtMaster fails to perform its obligation without undue delay after the User has called upon it to perform or within an additional period of time expressly agreed upon by the Parties.

3. The User may only withdraw from the Contract without an additional period of time if it is clear from ArtMaster’s statement or from the circumstances that ArtMaster will not provide the access to and/or usage of Artie or if it is clear from the agreement of the Parties or from the circumstances at the conclusion of the Contract that performance is necessary at the specified time.

4. In particular, ArtMaster shall be liable to the User that Artie, which by its nature is digital content:

   1. correspond to the agreed description and scope, as well as to the quality, functionality, compatibility, interoperability and other agreed characteristics;

   2. is suitable for the purpose for which the User has requested it and to which ArtMaster has agreed; and

   3. is provided with the agreed accessories and instructions for use, including installation instructions, and User support.

5. ArtMaster shall be responsible to the User that, in addition to the agreed features:

   1. the digital content is fit for the purpose for which digital content of that kind is normally used, including with respect to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards;

   2. the digital content corresponds in scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind that a User may reasonably expect, including in the light of public statements made by the ArtMaster or by another person in the same contractual chain, in particular advertising or labelling;

   3. the digital content is provided with the accessories and instructions for use which the User may reasonably expect; and

   4. the digital content corresponds to the trial version or preview made available by the ArtMaster before the conclusion of the Contract.

6. ArtMaster shall not be bound by a public statement under Article 7.5.2 if it proves that it was not aware of it or that it was modified at the time of the conclusion of the Contract in at least a comparable manner to that in which it was made or that it could not have influenced the decision to conclude the Contract.

7. Article 7.5 shall not apply where the ArtMaster has specifically warned the User before the conclusion of the Contract that a feature of the digital content is different and the User has expressly agreed to this when concluding the Contract.

8. ArtMaster shall also be liable to the User for a defect caused by an incorrect connection of the digital content to the User’s digital environment, which was carried out by or under the responsibility of the ArtMaster pursuant to the Contract. This applies even if the connection was made by the User and the defect is due to a deficiency in the instructions provided by the ArtMaster.

9. The User may complain of a defect that appears or occurs in the digital content during the term of the Contract. In the case of a one-off performance, he or she may complain of a defect which appears in the digital content within two years of the making available.

10. If the digital content is defective, the User may demand its removal unless it is impossible or unreasonably costly to do so; this shall be assessed, in particular, having regard to the significance of the defect and the value that the digital content would have had without the defect.

11. ArtMaster shall remedy the defect within a reasonable time after the defect has been identified so as not to cause the User significant inconvenience, taking into account the nature of the digital content and the purpose for which the User requested it.

12. The User may demand a reasonable discount or withdraw from the Contract if:

    1. ArtMaster has not remedied the defect within a reasonable period after it has been reported, so as not to cause significant inconvenience to the User, taking into account the nature of Artie and the purpose for which the User requested it or it is apparent from the ArtMaster’s statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the User;

    2. the defect continues to be apparent after removal; or

    3. the defect is a material breach of the Contract.

13. A reasonable discount is determined as the difference between the value of the digital content without the defect and the defective digital content that was provided to the User. If the digital content is to be provided for a certain period of time, the period for which it was provided defectively shall be taken into account; the User shall be entitled to a discount even if he withdraws from the Contract.

14. If the User withdraws from the Contract, ArtMaster may prevent the User from further use of Artie, in particular by making Artie or the User Account unavailable to the User.

15. If the User withdraws from the Contract, he/she shall refrain from using the digital content, i.e. Artie, including their provision to a third party.

16. Monetary sums which ArtMaster is required to deliver to the User by reason of defective performance shall be returned by the ArtMaster at the ArtMaster’s own expense without undue delay, but at the latest within fourteen days of the date on which the User has asserted the relevant right arising from the defective performance with the ArtMaster. In doing so, it shall use the same method as that used by the ArtMaster to pay the fee, unless the User expressly agrees otherwise and no costs are incurred.

17. Modification of digital content. If the digital content is to be provided for a specified period of time and the change is not necessary to keep the digital content free from defects, ArtMaster may change the digital content:

    1. if ArtMaster has fair reason for the change;

    2. if the User does not incur additional costs by the modification; and

    3. if ArtMaster notifies the User of the change in a clear and comprehensible manner.

18. Where a change under Article 7.17 impairs the User’s access to or use of the digital content in a non-substantial way, ArtMaster shall further notify the User in text form, within a reasonable time before the change is made, of the nature of the change, the time at which it is to be made and the right to terminate the obligation under Article 7.19 or to retain the digital content unchanged under Article 7.20.

19. The User may terminate the obligation without penalty if the change impairs his access to or use of the digital content in a non-significant way within thirty days of the date on which he was notified of the change or the date on which the digital content was changed, whichever is later. If the User terminates the obligation, Articles 7.14 and 7.15 shall apply mutatis mutandis.

20. Article 7.19 shall not apply if the ArtMaster allows the User to refuse the change and to retain the digital content in its original form without additional cost, without prejudice to the provision of the digital content without defect.

1. ArtMaster always retain full ownership of Artie and/or its contents and any intellectual property rights or other proprietary rights associated with Artie and/or its contents.

2. ArtMaster grants the User a revocable, non-exclusive, non-transferable, limited right to install and use Artie on wireless electronic Devices owned or controlled by User, and to access and use Artie on such Devices strictly in accordance with the Terms of Use. This license is granted solely for User’s personal, non-commercial use and may not be sublicensed, transferred, or assigned to any third party without prior written consent of ArtMaster.

3. The licence granted to the User is limited, non-exclusive, non-transferable, non-sublicensable and revocable. The User does not acquire any ownership right, title, claim or other legal entitlement to Artie, the Content, any In-App Elements, songs, tutorials, courses, exercises, lessons, media, software, source code, object code, databases, progress, achievements, scores, virtual items, unlocks or any other materials made available through Artie. All rights not expressly granted to the User remain reserved by ArtMaster or its licensors. Access to any Content or In-App Elements is made available solely as part of the User’s permitted use of Artie and may be changed, suspended, removed, discontinued, reset or replaced in accordance with these Terms of Use, the EULA and mandatory applicable law.

4. Subscription. By paying the price of the Subscription fee, the User acquires a license to all existing and newly added functionalities of Artie to the following extent:

   1. solely for educational purposes;

   2. the User shall not modify, alter or use Artie in any way contrary to the nature of the Artie or good morals;

   3. for limited use in terms of quantity in the number of one license;

   4. for the duration of the Subscription period (definite period);

   5. unrestricted from a territorial point of view;

   6. for non-exclusive use - the User has no right to grant a sub-license to Artie to third parties;

   7. The User has no right to assign the license to Artie to a third party.

5. Free Tier. By Registration and entering into EULA, the User acquires a license to limited functionalities of Artie to the following extent:

   1. solely for educational purposes;

   2. the User shall not modify, alter or use Artie in any way contrary to the nature of the Artie or good morals;

   3. for limited use in terms of quantity in the number of one license;

   4. until User cancels his Free Tier plan or until ArtMaster cancels the Free Tier option (definite period);

   5. unrestricted from a territorial point of view;

   6. for non-exclusive use - the User has no right to grant a sub-license to Artie to third parties;

   7. The User has no right to assign the license to Artie to a third party.

6. The User undertakes not to exceed the scope of the license authorization set forth in Article 8 of these Terms of Use.

7. The User further agrees not to provide or otherwise make available the content of Artie to any third parties. The User acknowledges that by providing or otherwise making available the content of the Course(s), he/she may commit a crime and that he/she is also obliged to compensate ArtMaster for the damage and non-pecuniary loss incurred and to pay the contractual penalty pursuant to Article 8.7 of these Terms of Use.

8. In the event that the User violates its obligation not to exceed the scope of the license authorization set forth in Article 8.6 of these Terms of Use, the User shall pay ArtMaster a contractual penalty in the amount of USD 1,000 (in words: one thousand US dollars) for each individual case of such violation. The aforementioned contractual penalty does not exclude the right of ArtMaster to claim compensation from the User for damages incurred. For the avoidance of doubt, the Parties declare that the contractual penalty specified herein serves as a sanction.

1. Artie is currently distributed exclusively through the Apple App Store operated by Apple Inc., a company incorporated under the laws of the State of California, with its registered office at One Apple Park Way, Cupertino, California 95014, United States of America (hereinafter referred to as “Apple”).

   1. The following terms apply when User uses Artie obtained from the Apple App Store to access Artie:

      1. The license granted to the User for Artie is limited to a non-transferable license to use Artie on a Device that utilizes the Apple iOS operating system and in accordance with these Terms of Use and usage rules set forth in the Apple App Store terms of service.

      2. ArtMaster is responsible for providing any maintenance and support services with respect to Artie as specified in the Terms of Use or as otherwise required under applicable law, and the User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Artie.

      3. In the event of any failure of Artie to conform to any applicable warranty, User may notify Apple, and Apple, in accordance with its terms and policies, may refund the purchase price, if any, paid for Artie, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Artie.

      4. User represents and warrants that:

         1. he/she is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and

         2. he/she is not listed on any US government list of prohibited or restricted parties; (5) he/she must comply with applicable third-party terms of agreement when using Artie, e.g., if User has a VoIP application, then the User must not be in violation of their wireless data service agreement when using Artie; and

         3. he/she acknowledges and agrees that Apple is a third-party beneficiary of the Terms of Use conditions and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the User as a third-party beneficiary thereof.

   Software and technical equipment requirements

   2. In order to gain access to Artie, the User shall have a device and operating system that meets the following technical requirements:

      1. iPhone or iPad with iOS 18.0;

      2. Internet connection of at least 3 Mbps.

   3. Software or hardware that does not meet the requirements of Article 9.1 may be capable of being used to run Artie, but their compatibility or functionality is not guaranteed.

   4. The User is solely responsible for using Artie on a compatible Device, maintaining the Device, operating system, battery, storage capacity, network connection and backups, and stopping or limiting use of Artie if the Device becomes hot, unstable, unresponsive or otherwise unsuitable for continued use. ArtMaster’s liability in relation to device or hardware damage is governed by Article 16 of these Terms of Use.

1. In order to be granted access to Artie, the User must be provided with a User account by ArtMaster.

2. The User is obliged to enter the Access Data before entering the User Account.

3. The User’s identification data entered during Registration shall be deemed to be the data also entered during the ordering of Free Tier and/or Subscription plan of Artie.

4. The User shall not provide third parties with Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Data or User Account and for any damage caused to ArtMaster or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify ArtMaster. ArtMaster shall provide the User with new access data within a reasonable period of time.

5. ArtMaster is entitled to unilaterally change these Terms of Use; the change will be notified to the User via Artie and/or by e-mail to the User’s e-mail address entered during Registration. The User shall have the right to reject the changes to the Terms of Use within 15 days from the first login to the User Account after notification of the change to the Terms of Use (if delivered via Artie) or from the delivery of the e-mail message in question to the User’s e-mail inbox (if delivered by e-mail) and to terminate the obligation for this reason within a notice period of 15 days, which the parties agree is sufficient to procure similar performance from another supplier.

6. ArtMaster may cancel the User Account, in particular if the User does not use his/her User Account for more than 2 years or if the User violates his obligations under the Contract or these Terms of Use, or if ArtMaster reasonably suspects or determines that the User has engaged in abuse, piracy, circumvention, unauthorized access, reverse engineering, tampering, infringement of intellectual property rights, unlawful use of User Content, fraudulent conduct, refund abuse, payment abuse, sharing or resale of Access Data, or any other misuse of Artie. Cancellation under this Article does not entitle the User to any refund, compensation or other claim, unless required by mandatory applicable law.

1. ArtMaster declares that access to Artie is provided at a quality that can reasonably be expected taking into account its nature, purpose, and remuneration for its provision.

2. ArtMaster shall be liable to the User that Artie is provided in accordance with the Contract and these Terms of Use.

3. The defective performance shall be claimed by the User without undue delay with ArtMaster.

4. The User may demand free of charge removal of the defect, a reasonable discount from the price and if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a demand for new performance without defects may be made. If the removal of the defect is not possible, the User may demand a full refund of the price upon withdrawal from the Contract.

5. If the User has rightfully accused ArtMaster of a defect in Artie, the time limit for exercising rights from defective performance does not run for the period during which the User is not allowed access to Artie.

6. The User shall not be entitled to the right from defective performance if the defect was caused by the User.

7. The User shall inform ArtMaster of the right chosen by the User when notifying the defect or without undue delay after notification of the defect. The User cannot change the choice made without ArtMaster’s consent; this does not apply if the User has requested the removal of a defect that proves to be irremediable.

8. The User is entitled to complain about defects in Artie to ArtMaster via e-mail at info@artmaster.com. In the complaint, the User is obliged to specify exactly what the defect complained consists of and also to indicate the time period during which the defect occurred.

9. A User’s complaint shall be deemed justified if Artie is down (unavailable) and the provision of access to Artie is interrupted for more than 168 consecutive hours. This Article 11.9 shall apply only to the extent the relevant unavailability constitutes defective performance under mandatory applicable law and is not caused by scheduled maintenance, updates, security measures, the User’s Device, operating system, network connection, third-party services, app-store systems, force majeure, User breach or circumstances outside ArtMaster’s reasonable control.

1. If User has a right from the defective performance, he/she is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be claimed, the court shall not grant the right if ArtMaster argues that the right to compensation was not exercised in time.

2. ArtMaster is obliged to deliver a confirmation of the claim to the User. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay (a period of at least three days shall be deemed to be without undue delay), but at the earliest together with the proof of the claim settlement; the confirmation of the claim does not have to be delivered if the User is able to prove the claim in another way.

3. If the User is not satisfied with the manner in which ArtMaster has handled his/her complaint or if he/she believes that ArtMaster has violated his/her rights, he/she has the option to contact ArtMaster with a request for redress, if ArtMaster responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the User has the right to file a motion to initiate an out-of-court settlement of his/her dispute.

4. The competent body for out-of-court settlement of User disputes with ArtMaster is The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, electronic address www.coi.cz or another entity authorized by the Ministry of Industry and Trade and registered in the list of entities for out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic; The consumer has the right to choose which of the above-mentioned entities for out-of-court settlement of consumer disputes to contact.

1. Artie may contain links to other websites (hereinafter referred to as the “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (hereinafter referred to as the “Third-Party Content”). These links and content are provided solely for User’s convenience and informational purposes and should not be construed as an endorsement or recommendation by ArtMaster.

2. Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by ArtMaster, and ArtMaster is not responsible for any Third-Party Websites accessed through Artie or any Third-Party Content posted on, available through, or installed from Artie, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by ArtMaster. ArtMaster does not guarantee that any Third-Party Websites or Third-Party Content will be free from viruses, malware, or other harmful components, and User is solely responsible for implementing safeguards to protect his/her Devices and data.

4. If User decides to leave Artie and access the Third-Party Websites or to use or install any Third-Party Content, User does so at his/her own risk and should be aware these Terms of Use no longer govern. User’s interactions with such websites or content, including but not limited to any purchases, services, or agreements, are solely between User and the third-party provider.

5. User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which User navigates from Artie or relating to any applications User use or install from Artie.

6. Any purchases User makes through Third-Party Websites will be through other websites and from other companies, and ArtMaster takes no responsibility whatsoever in relation to such purchases which are exclusively between User and the applicable third party.

7. User agrees and acknowledges that ArtMaster does not endorse the products or services offered on Third-Party Websites and User shall hold ArtMaster blameless from any harm caused by User’s purchase of such products or services.

8. Additionally, User shall hold ArtMaster blameless from any losses sustained by User or harm caused to User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

9. ArtMaster reserves the right to disable links to any Third-Party Websites or remove Third-Party Content at its sole discretion, without prior notice.

1. ArtMaster reserves the right, but not the obligation, to:

   1. monitor Artie for violations of these Terms of Use;

   2. take appropriate legal action against anyone who, in ArtMaster’s sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;

   3. in ArtMaster’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of User’s User Content or any portion thereof;

   4. in ArtMaster’s sole discretion and without notice or liability, to remove from Artie or otherwise disable all files and content that are excessive in size or are in any way burdensome to ArtMaster’s systems; and

   5. otherwise manage Artie in a manner designed to protect ArtMaster’s rights and property and to facilitate the proper functioning of Artie.

2. Subject to the Privacy Policy and applicable data protection law, ArtMaster may collect, access, monitor, analyse and use information relating to the User’s access to and use of Artie, including technical, diagnostic, usage, consumption, device, subscription, payment-status, crash, performance, support and interaction data, for the purposes of providing and securing Artie, fraud prevention, abuse detection, piracy prevention, refund assessment, technical support, analytics, product improvement, enforcement of these Terms of Use and the EULA, dispute handling and compliance with legal obligations.

3. Where ArtMaster shares usage or consumption data with Apple for the purpose of assessing or resolving refund requests, such sharing shall be carried out only to the extent permitted by applicable law, the App Store terms and the Privacy Policy. ArtMaster may not use monitoring in a manner that is inconsistent with the Privacy Policy or mandatory applicable data protection law.

1. If Artie enables Users to make User Content available online, to store User Content on ArtMaster-controlled servers or to share User Content with other Users or the public, ArtMaster may operate a copyright notice-and-takedown process in accordance with applicable law and this Article 15. ArtMaster respects the intellectual property rights of others. If User believes that any material available on or through Artie infringes upon any copyright User owns or controls, he/she shall immediately notify ArtMaster using the contact information provided above (hereinafter referred to as a “Notification”).

2. User’s Notification shall include sufficient detail to identify the copyrighted work and the material alleged to be infringing, as well as proof of User’s ownership or authorization to act on behalf of the copyright owner.

3. A copy of User’s Notification will be sent to the person who posted or stored the material addressed in the Notification.

4. Please note that ArtMaster reserves the right to remove or disable access to allegedly infringing material without prior notice to the User responsible for its publication, if ArtMaster determines in its sole discretion that such action is warranted.

5. Pursuant to applicable law the User may be held liable for damages if he/she makes material misrepresentations in a Notification. This includes, but is not limited to, claims made in bad faith or without adequate investigation into the ownership or use of the allegedly infringing material. Thus, if the User is not sure that material located on or linked to by ArtMaster infringes User’s copyright, User should consider first contacting an attorney.

6. For the avoidance of doubt, to the extent User Content is stored only locally on the User’s Device and is not hosted, published or made available online by ArtMaster, ArtMaster does not operate a public hosting service for such User Content and a takedown process may not be technically applicable to such locally stored User Content.

7. ArtMaster reserves the right, without prior notice and without liability, to remove, disable, restrict or block access to any User Content, User Account or functionality where ArtMaster reasonably believes that User Content infringes third-party rights, violates applicable law or breaches these Terms of Use or the EULA.

8. Before launching any functionality that allows online publication, sharing or hosting of User Content, ArtMaster shall update this Article 15 to include the legally required copyright notice, counter-notice and repeat-infringer procedures applicable to the relevant jurisdictions, including any DMCA-style process if Artie is materially directed to the United States.

1. Artie is provided on an “as-is” and “as-available” basis. User hereby agrees that his/her usage of Artie will be at his/her sole risk. To the fullest extent permitted by law, ArtMaster disclaims all warranties, express or implied, in connection with Artie and User’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. ArtMaster makes no warranties or representations about the accuracy or completeness of the Artie’s content or the content of the Website or content of any websites or mobile applications linked to Artie and ArtMaster will assume no liability or responsibility for any:

   1. errors, mistakes, or inaccuracies of content and materials;

   2. personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of Artie;

   3. any unauthorized access to or use of ArtMaster’s secure servers and/or any and all personal information and/or financial information stored therein;

   4. any interruption or cessation of transmission to or from Artie;

   5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through Artie by any third party, and/or;

   6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Artie. ArtMaster does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Artie, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and ArtMaster will not be a party to or in any way be responsible for monitoring any transaction between User and any third-party providers of products or services.

3. As with any purchase of a product or service through any medium or environment, User is responsible for exercising his/her best judgment, caution, and due diligence. This includes verifying the legitimacy of third-party offerings and understanding the associated risks.

4. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages, so some or all of the above disclaimers may not apply to the User. In such cases, ArtMaster’s liability will be limited to the maximum extent permitted by applicable law.

5. To the fullest extent permitted by mandatory applicable law, ArtMaster shall not be liable for any damage, malfunction, overheating, battery drain, performance degradation, shutdown, data loss, loss of functionality or other technical issue affecting the User’s Device, hardware, operating system, peripherals, network, data or other equipment arising out of or in connection with the User’s access to or use of Artie, except to the extent such damage is directly caused by ArtMaster’s breach of mandatory legal obligations that cannot be excluded or limited.

6. Artie is an educational and practice-support tool only. The User is responsible for using Artie, any musical instrument and any connected equipment safely, taking reasonable breaks and ceasing use if the User experiences pain, strain, numbness, discomfort, fatigue, dizziness or any other adverse physical sensation. To the fullest extent permitted by mandatory applicable law, ArtMaster shall not be liable for any discomfort, strain, fatigue, minor injury or other physical condition allegedly arising from the User’s posture, practice routine, instrument use, Device use, repetitive movements, excessive practice time or failure to follow reasonable safety precautions while using Artie.

7. Nothing in these Terms of Use or the EULA excludes or limits ArtMaster’s liability for death, personal injury, intentional misconduct, gross negligence or any other liability to the extent such liability cannot be excluded or limited under mandatory applicable law.

1. In no event shall ArtMaster or its managing directors, employees, or agents be liable to User or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from User’s use of Artie, even if ArtMaster has been advised of the possibility of such damages. This limitation of liability applies to all causes of action, including but not limited to breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory.

2. Notwithstanding anything to the contrary contained herein, ArtMaster’s liability to User for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by User to ArtMaster during the 12 month period prior to any cause of action arising. If no payments have been made by User to ArtMaster during such period, ArtMaster’s liability shall be limited to 50 U.S. dollars or the minimum extent permitted by law. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the User, some or all of the above disclaimers or limitations may not apply to the User, and he/she may have additional rights. In such cases, ArtMaster’s liability will be limited to the maximum extent permitted by applicable law.

1. User agrees to defend, indemnify, and hold ArtMaster harmless, including ArtMaster’s subsidiaries, affiliates, and all of ArtMaster’s respective managing directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

   1. User Content, including any MIDI file, song file, music file, recording, audio file, notation file or other content or material that the User uploads, imports, processes, transmits or otherwise makes available through Artie;

   2. use of Artie;

   3. breach of these Terms of Use;

   4. any breach of User’s representations and warranties set forth in these Terms of Use;

   5. User’s violation of the rights of a third party, including but not limited to intellectual property rights;

   6. any allegation that User Content or the User’s use of User Content infringes or misappropriates any copyright, neighbouring right, moral right, trademark, trade secret, privacy right, publicity right or any other right of any third party;

   7. any breach of the User’s representations, warranties or obligations concerning User Content, prohibited activities, licence restrictions, payment, refund requests, account security or use of Artie;

   8. any abuse, piracy, circumvention, unauthorized access, reverse engineering, fraudulent conduct, refund abuse or other misuse of Artie by the User or by any person using the User’s Access Data or User Account; or

   9. any overt harmful act toward any other User of Artie with whom the User have connected via Artie.

2. User also agrees that User’s obligation to indemnify ArtMaster will apply even if the underlying claim is caused by ArtMaster’s own negligence, to the fullest extent permitted by law.

3. Notwithstanding the foregoing, ArtMaster reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify ArtMaster, and User agrees to cooperate, at User’s expense, with ArtMaster’s defense of such claims.

4. User shall not, in any event, settle any claim or matter without ArtMaster’s prior written consent.

5. ArtMaster will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. ArtMaster’s failure to provide such notice shall not relieve User of his/her obligation to indemnify ArtMaster except to the extent that such failure materially prejudices ArtMaster’s ability to defend against the claim.

1. ArtMaster is not bound by any codes of conduct in relation to the User.

2. The Contract and EULA are concluded in English.

3. The User hereby assumes the risk of a change of circumstances.

1. ArtMaster is legally obliged to protect and secure the personal data provided. Therefore, ArtMaster uses various effective security technologies to protect personal data from unauthorized disclosure or use.

For more detailed information on data protection, please refer to the Privacy Policy here: artmaster.com/privacy-policy.

2. Any monitoring, collection, access, analysis and use of information by ArtMaster under these Terms of Use, including under Article 14, shall be carried out only in accordance with the Privacy Policy and mandatory applicable data protection law. Where ArtMaster shares usage or consumption data with Apple for the purpose of assessing or resolving refund requests, such sharing shall be carried out only to the extent permitted by applicable law, the App Store terms and the Privacy Policy.

3. Artie may require access to the User’s microphone, audio input, MIDI data, performance data, Device permissions and related technical data in order to provide its core functionality. The availability and quality of certain functionalities may depend on the User granting and maintaining the relevant Device permissions. The User may disable permissions through the Device settings, but doing so may limit or prevent the operation of Artie. Any processing of personal data, audio data, diagnostic data, usage data or similar information shall be carried out in accordance with the Privacy Policy and mandatory applicable data protection law.

1. ArtMaster has the right to change Artie, i.e. its technical design and/or user interface, and to update, modify, improve, replace, suspend, discontinue, remove, reset or limit Artie, its technical design, user interface, algorithms, AI functionality, songs, tutorials, courses, exercises, lessons, Content, In-App Elements, older versions, compatibility, technical requirements or any other feature or part of Artie from time to time. The User has no right to preservation, continued availability or continued support of any previous version, feature, functionality, song, tutorial, course, exercise, lesson, Content or In-App Element, including during an active Subscription, except to the extent mandatory applicable law provides otherwise. For Users from the European Union, any modification of digital content supplied for a specified period shall be made in accordance with Articles 7.17 to 7.20 of these Terms of Use and any mandatory applicable law.

2. ArtMaster has the right to limit or interrupt the functionality of Artie or access to it for a period of time necessary for maintenance or repair of Artie or for any other reason on the part of ArtMaster or a third party. ArtMaster does not guarantee that Artie, the User Account, Content, In-App Elements or any particular functionality will be available continuously, uninterrupted, error-free or without limitations. Temporary downtime, interruption, latency, malfunction, restricted availability, suspension, maintenance, updates, security measures, third-party platform failures, network failures or other technical limitations shall not, by themselves, give rise to any claim, compensation, refund, extension of the Subscription period or other entitlement of the User, unless required by mandatory applicable law or expressly provided in these Terms of Use.

3. When using Artie, User is obliged to comply with the applicable and effective legal regulations of the European Union and its member states, United States of America and/or any other state or country. The User is obliged to compensate ArtMaster or third parties in full for any damages incurred in this way.

4. In the event of a breach of these Terms of Use or the Contract or applicable and effective legislation, ArtMaster has the right to cancel the User Account, and ArtMaster may, without prejudice to any other rights or remedies, suspend, restrict, disable or terminate the User Account, Subscription, licence or access to Artie, in whole or in part, with immediate effect if ArtMaster reasonably suspects or determines that the User has engaged in abuse, piracy, circumvention, unauthorized access, reverse engineering, tampering, infringement of intellectual property rights, unlawful use of User Content, fraudulent conduct, refund abuse, payment abuse, sharing or resale of Access Data, breach of these Terms of Use or the EULA, or any other misuse of Artie. Suspension, restriction or termination under this Article does not entitle the User to any refund, compensation or other claim, unless required by mandatory applicable law.

5. The User acknowledges and agrees that Artie and the Website contain content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ArtMaster, the User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website and/or Artie, in whole or in part.

6. In connection with User’s use of Artie he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.

7. Any use of the Website and/or Artie other than as specifically authorized herein is strictly prohibited. The technology and software underlying Artie or distributed in connection therewith are the property of ArtMaster, its affiliates and its partners (hereinafter referred to as “Software”). The User shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Artie, and the User may not, and may not permit any third party to, decompile, reverse engineer, disassemble, decipher, translate, modify, adapt, copy, reproduce, scrape, extract, tamper with, interfere with, circumvent, bypass or otherwise unlawfully access Artie, its source code, object code, algorithms, models, prompts, databases, security features, access controls, payment controls, anti-piracy measures, technical infrastructure, servers, APIs or any part thereof, except to the limited extent such restriction is expressly prohibited by mandatory applicable law; the User may not use cheats, bots, scripts, emulators, unauthorized clients, automation tools, scraping tools, data-mining tools or any other technical means to access, manipulate, disrupt, overload, exploit or interfere with Artie or any part of it. Any rights not expressly granted herein are reserved by ArtMaster.

8. ArtMaster name and logos are trademarks and service marks of ArtMaster. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArtMaster trademarks displayed on the Website and/or Artie, without ArtMaster’s prior written permission in each instance.

9. The User represents that he or she is not located in, ordinarily resident in, organized under the laws of, or acting on behalf of any person or entity located in a country, territory or region subject to sanctions, embargoes or trade restrictions applicable to ArtMaster or Artie, and that the User is not identified on any applicable sanctions, denied-party, restricted-party or export-control list maintained by the European Union, the United Nations, the United States, the United Kingdom or any other competent authority applicable to ArtMaster or Artie. ArtMaster may restrict, suspend or terminate access to Artie where required to comply with applicable sanctions, export-control or trade-compliance laws.

1. These Terms of Use, EULA and/or Contracts, and all claims or defenses based on, arising out of, or related to these Terms of Use, EULA and/or Contracts of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of these Terms of Use, EULA and/or Contracts, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Czech Republic including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.

2. Any disputes arising out of or related to these Terms of Use, EULA and/or Contracts or any other aspect of the Parties’ relationship shall be heard only in the courts of the Czech Republic to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.

3. These Terms of Use shall come into force on the 19.05.2026.