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1. Provider and scope
These terms of use apply to the use of the Drumbitious app for iOS and Android (the “App”). The App is provided by:
Verena Zaiser
Reichenbachstr. 17, 70372 Stuttgart, Germany
Email:
moc.suoitibmurd@troppus
(“we”, “us”). By creating an account or using the App, you agree to these terms. Different terms of users do not apply. How we process personal data is described in our privacy policy.
2. What Drumbitious offers
Drumbitious helps you plan, run and document your drum practice: practice plans, exercises, timed sessions with a metronome, notes, statistics, reminders and an exercise library.
- The basic features are free.
- Additional features are available with a paid Premium subscription (section 5). The current scope of Premium is shown in the App before you buy.
We continuously develop the App. We may change, add or remove features where this is reasonable for you, e.g. for technical, security or legal reasons. We will not substantially restrict the Premium features you have paid for during a running subscription period.
3. Age
The App is not intended for children under 13. If you are under the age of majority in your country, you may only use the App and make purchases with the consent of a parent or guardian.
4. Account
- You can start with an anonymous account. To use your data on several devices and to keep it if you lose your device, you need to sign in (email and password, Sign in with Google or Sign in with Apple).
- Please provide accurate information and keep your login details secret. Tell us immediately if you suspect misuse of your account.
- An account is personal and may not be shared or transferred.
- You can delete your account at any time in the App under Settings, or by emailing us.
5. Premium subscriptions, payment and cancellation
Purchase via the app stores. Premium can only be purchased as an in-app purchase via the Apple App Store or Google Play. The purchase, payment, billing, renewal, cancellation and refunds are handled exclusively by Apple or Google. Their terms apply in addition to these terms, in particular:
Prices. The prices and subscription periods valid at the time of purchase are shown in the App and in the store, including any applicable taxes.
Automatic renewal. Subscriptions renew automatically for the same period unless you cancel them at least 24 hours before the end of the current period. Payment is charged to your store account on confirmation of the purchase and on each renewal.
Cancellation. You cancel a subscription in your store account: on iPhone/iPad under Settings → [your name] → Subscriptions; on Android in the Google Play Store under Profile → Payments & subscriptions → Subscriptions. Deleting the App or your Drumbitious account does not cancel a subscription.
Free trials. If a free trial is offered, it turns into a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends.
Withdrawal and refunds. Statutory withdrawal rights for consumers remain unaffected. Because Apple and Google sell the subscription, refund requests and withdrawals are processed through their procedures (Apple: reportaproblem.apple.com; Google: in the Google Play Store under your order history). If you need help, contact us.
Restoring purchases. If you change devices, you can restore your subscription in the App, provided you use the same store account.
6. Your content
- Your plans, exercises, notes and attached files remain yours. You grant us only the rights we need to store, sync and display this content for you in the App.
- Images, audio files, PDFs and videos you attach are stored only on your device. We cannot restore them if your device is lost or the App is uninstalled. Please use the backup function in the App regularly.
- You are responsible for the content and links you add (e.g. YouTube or Vimeo links, sheet music, recordings). Only add content that you are allowed to use, and no illegal content.
7. Rights of use and fair use
We grant you a simple, non-exclusive, non-transferable right to use the App and its content (e.g. exercises, sheet music, audio and texts from the exercise library) for your own, non-commercial purposes for the duration of these terms. All other rights remain with us or our licensors.
You may not:
- copy, distribute, sell or make publicly available the App or its content, unless the App provides a sharing function for this;
- decompile, modify or reverse engineer the App, except where the law expressly permits this;
- access the App or our servers by automated means, overload them or bypass security measures (including App Check);
- use the App in a way that violates laws or the rights of others.
If you seriously violate these rules, we may block or delete your account after weighing the circumstances; where reasonable, we will warn you first.
8. Availability
We try to keep the App and the sync available at all times, but cannot guarantee uninterrupted availability. Maintenance, updates, technical problems or problems at our service providers may cause temporary interruptions. Many features also work offline. To keep the App secure, we may require you to install an update.
9. Health note
Drumming is loud and physically demanding. Please wear suitable hearing protection, warm up, take breaks and stop practising if you feel pain. The exercises and practice plans in the App are not a substitute for advice from a teacher, doctor or therapist.
10. Liability
- We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.
- In the case of slight negligence, we are only liable for breaches of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely (cardinal obligations). In this case, our liability is limited to the typical damage foreseeable at the time the contract was concluded.
- Otherwise, our liability is excluded. These limitations also apply in favour of our representatives and vicarious agents.
If you are a consumer, mandatory statutory warranty rights remain unaffected.
11. Term and termination
These terms apply for an indefinite period. You can stop using the App and delete your account at any time. A running Premium subscription continues until the end of the paid period unless you cancel it in the store (section 5).
We may end the free use of the App with at least four weeks' notice, e.g. if we discontinue the App. Paid subscription periods that have already started are not affected. The right of both parties to terminate for good cause remains unaffected.
12. Changes to these terms
We may change these terms for the future if there is a valid reason, e.g. new features, changes in the law or case law. We will inform you about changes in the App or by email at least four weeks before they take effect. Changes that affect the main obligations (in particular price and scope of paid services) or are to your disadvantage only apply if you agree to them. If you do not agree, the previous terms continue to apply; you may then end the use as described in section 11.
13. Additional terms for Apple devices
If you downloaded the App from the Apple App Store, the following also applies: These terms are concluded between you and us, not with Apple. Apple is not responsible for the App, its content, maintenance or support, and has no warranty obligations with regard to the App, except where applicable law requires otherwise. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no further warranty obligation. Apple is not responsible for claims relating to the App (e.g. product liability, failure to meet legal requirements, consumer protection or intellectual property claims); we are responsible for these within the scope of these terms. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
14. Applicable law, disputes, final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.
If you are a merchant, a legal entity under public law or have no general place of jurisdiction in Germany, the place of jurisdiction is Stuttgart.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these terms be invalid, the remaining provisions remain unaffected. In case of doubt, the German version of these terms (Nutzungsbedingungen) shall prevail.
