Effective Date: October 1st 2024

Introduction

Welcome to Flute Coach ("App"), operated by Gaubert Software LLC ("us", "we", or "our"). These Terms of Service ("Terms") govern your use of our App, which provides music education and coaching services for flute students and teachers, as well as any related services provided by us.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the App.

Accounts

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding your password used to access the App and for any activities or actions under your password, whether your password is with our App or a third-party service. You must notify us immediately if you suspect any unauthorized use of your account.

Intellectual Property

The App and its original content, including our AI-powered tone analyzer and related features, are and will remain the exclusive property of Gaubert Software LLC and its licensors. You may not use our trademarks, trade dress, or other intellectual property in connection with any product or service without prior written consent from Gaubert Software LLC.

Links to Other Websites

Our App may contain links to third-party websites or services that are not owned or controlled by Gaubert Software LLC.

Gaubert Software LLC assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Gaubert Software LLC shall not be held responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available through third-party websites or services.

Coaching Feedback

Coaches on the App are responsible for providing feedback to students. However, there is no specific timeframe by which coaches are required to provide feedback. Coaches are permitted to take as long as necessary to post feedback. Gaubert Software LLC is not liable for any delays in the posting of feedback by coaches.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation, if you breach the Terms. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.

Limitation of Liability

In no event shall Gaubert Software LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

(i) your access to or inability to access the App,

(ii) any third-party content or conduct on the App,

(iii) any content obtained through the App, or

(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damage.

Disclaimer

Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. Flute Coach is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please contact us at general@gaubertmanagement.com