Legal
Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your access to and use of Fretmarks (the "Service"), a web application for guitarists to track technical practice exercises, log progress, set goals, and follow progressive difficulty ladders.
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old (or 16 years old if you are located in the European Union) to use Fretmarks. By using the Service, you represent that you meet this age requirement.
If you are using Fretmarks on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. Your Account
3.1 Registration
To use Fretmarks, you must create an account with a valid email address. You are responsible for:
- Providing accurate and up-to-date information
- Keeping your password secure and confidential
- All activity that occurs under your account
3.2 Account Security
If you suspect unauthorized access to your account, notify us immediately at support@fretmarks.com. We are not liable for any loss or damage arising from unauthorized access caused by your failure to keep your credentials secure.
3.3 One Account Per Person
Each account is for individual use only. You may not share your account credentials with others or create accounts on behalf of others without their consent.
4. Acceptable Use
You agree to use Fretmarks only for its intended purpose — tracking personal guitar practice — and in compliance with all applicable laws and regulations.
4.1 You May Not:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to any part of the Service, its servers, or connected systems
- Reverse-engineer, decompile, or disassemble any part of the Service
- Scrape, crawl, or systematically extract data from the Service using automated means
- Introduce malware, viruses, or any harmful code
- Impersonate another person or entity
- Use the Service in a way that could damage, disable, overburden, or impair it
4.2 User-Generated Content
You may create and store content within Fretmarks, including exercise notes, collections, and practice logs. You are solely responsible for any content you submit. You must not submit content that:
- Violates any applicable law or regulation
- Infringes the intellectual property rights of any third party
- Is defamatory, obscene, or harmful
5. Intellectual Property
5.1 The Service
All content provided by Fretmarks — including exercise tablature, technique descriptions, curated practice packs, and the application itself — is owned by Fretmarks or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.
5.2 Your Content
You retain ownership of any content you create within the Service (exercise notes, collections). By storing content in Fretmarks, you grant us a limited, non-exclusive, royalty-free license to store and display that content solely for the purpose of providing the Service to you. We do not claim ownership of your content and will not use it for any other purpose.
6. Privacy
Your use of Fretmarks is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.
7. Service Availability
We aim to keep Fretmarks available at all times, but we do not guarantee uninterrupted or error-free operation. The Service may be:
- Temporarily unavailable due to maintenance, updates, or technical issues
- Modified, suspended, or discontinued at any time, with or without notice
We will make reasonable efforts to notify users of significant planned downtime or major changes.
8. Account Termination
8.1 By You
You may delete your account at any time via Profile Settings → Delete Account. Upon deletion, all your personal data is permanently removed from our systems. This action is irreversible.
8.2 By Us
We reserve the right to suspend or terminate your account at our sole discretion if:
- You violate these Terms
- Your use of the Service poses a risk to other users or the integrity of the Service
- We are required to do so by law
We will notify you of termination where reasonably possible. If your account is terminated for a breach of these Terms, you may not re-register without our prior consent.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, or error-free
- Any errors in the Service will be corrected
Any guitar practice advice, recommendations, or exercise progressions provided by Fretmarks are for informational and entertainment purposes only. Consult a qualified music instructor for professional guidance.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRETMARKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM, OR (B) €100 EUR.
Nothing in these Terms limits liability that cannot be excluded under applicable law (including liability for fraud, personal injury, or death caused by negligence).
11. Indemnification
You agree to indemnify and hold harmless Fretmarks and its affiliates, officers, and employees from any claims, damages, losses, or expenses (including legal fees) arising out of:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
12. Third-Party Services
Fretmarks is built on Google Firebase infrastructure. Your use of Fretmarks is subject to Google's applicable terms of service in addition to these Terms. We are not responsible for the practices or availability of third-party services.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Portugal, without regard to its conflict of law provisions.
If you are located in the EU/EEA, nothing in these Terms affects your rights as a consumer under applicable mandatory EU consumer protection laws, including your right to bring a dispute before the courts of your country of residence.
Any disputes arising out of or relating to these Terms that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Portugal, unless otherwise required by applicable consumer protection law.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this document. For material changes, we will notify you via the application or by email at least 30 days before the changes take effect.
Your continued use of Fretmarks after updated Terms take effect constitutes your acceptance of those Terms. If you do not agree with the updated Terms, you must stop using the Service and may delete your account.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fretmarks regarding the Service and supersede any prior agreements or understandings.
17. Contact
For questions about these Terms: