Tokklr Terms of Use & Licence Agreement

Version 2.4

These Terms govern your use of Tokklr ("the app") and the learning content inside it, including the course The Complete Guitar Method. The app is published and operated by Kusters IT BV, with its registered seat in Antwerp, Belgium ("we", "us", "our").

Enterprise number: BE 0777.616.237.

Registered address: De Moystraat 4, 2018 Antwerpen, Belgium.

Please read these Terms. They sit alongside our Privacy Policy.

These Terms are in three parts. Part 1 applies to everyone. Part 2 adds the terms that apply to you as a student. Part 3 adds the terms that apply to you if you hold a teacher plan. If you both learn and teach with Tokklr, both parts apply to you.

Part 1: terms for everyone

1. Agreement

By downloading, installing or using Tokklr, you agree to these Terms. If you do not agree, please do not use it. If you set up or supervise the app for a child, you confirm you have the authority to do so and you accept these Terms for them.

2. Your account

You can use Tokklr without an account. If you create one, keep your sign-in details to yourself and tell us promptly if you think someone else has access. You are responsible for what happens under your account.

You can delete your account at any time in Settings. There are two options and they differ: deleting the account keeps it recoverable for a limited period, while erasing your data is immediate and permanent. The app explains which is which, and the Privacy Policy sets out the timing.

3. Licence

We grant you a personal, non-exclusive, non-transferable and revocable licence to use Tokklr and its content to learn, to practise, and to teach with.

Whatever plan you hold, you may not copy, publish, rent, lend or redistribute the app or its content, and you may not decompile, disassemble or reverse-engineer the app, except where the app provides a feature for it or where the law permits it regardless of this clause.

If you hold a teacher plan, section 17 says what that licence also covers.

4. What you put into the app

You keep whatever you write or import: your reflections, and any music you bring in. You are responsible for having the right to use anything you import.

You give us only the permission we need to run the service for you: to store it, process it, and show it back to you and to anyone you deliberately share it with, such as a teacher whose class you joined.

Some features are built to keep your material on your device. In particular, when a feature listens to you play, that audio is analysed on your device and never reaches us. The Privacy Policy explains this in full.

5. Behaviour towards other people

Tokklr has features that put you in contact with others: friends, family plans, classes and messages with a teacher. When you use them:

  • treat other people decently;
  • do not send anything abusive, harassing, hateful, sexual or unlawful;
  • do not use the messaging to advertise or to solicit;
  • do not attempt to reach the accounts, data or classes of people who have not connected with you.

If you break this, we may remove content, withdraw access to social features, or suspend or close the account, proportionate to what happened.

6. Prices, renewal and cancelling

Where prices are shown, they are shown before you confirm. A subscription you buy in the app or on tokklr.com renews when its next period starts, which is the moment the current period ends and the app store or, on tokklr.com, our payment provider renews it. You can see that date where you manage your subscription. For a teacher or class plan, the terms agreed for that plan say when it renews (section 19).

Cancelling stops the next renewal. A period that has already started is yours: cancelling does not end it or refund it, and the subscription stops when that period ends. Once the payment for that period has been collected, you can use your subscription until the end of that period. So to stop a renewal, cancel before the new period starts. If you bought in the app, your app store's own rules on when a cancel takes effect also apply (section 16).

Cancelling does not take away your right to withdraw within the first 14 days, which section 8 explains, or any other right the law gives you.

7. Changes to these Terms

We publish updated versions from time to time, for example when features or the law change.

  • We will never show you an older version than the one you already have. Updates only move forward.
  • When a change materially affects you, we will ask you to read and accept the new version.
  • An update does not change the licence of content you already paid for, and by itself does not entitle you to a refund. You keep what you bought on the terms you bought it under.

Nothing here limits your rights in sections 8 and 10, or your app store's refund policy in section 16.

8. Your consumer rights and your right of withdrawal (EU and Belgium)

Nothing in these Terms removes any mandatory consumer right you have under Belgian or EU law.

Your right of withdrawal. When you buy a subscription as a consumer, you can withdraw from that contract within 14 days, without giving a reason. The period ends 14 days after the day the contract is concluded, which is the day you buy the subscription. Renewing the same subscription does not start a new 14 days. You are in time if you send your withdrawal before the 14 days are over.

How to withdraw. You can use any of these:

  • in the app, "Withdraw from contract here" at the top of Settings, which is there while you have a subscription you can withdraw from;
  • on the web, "Withdraw from contract here" at https://tokklr.com/web/withdraw, linked at the bottom of the pages of the tokklr.com website. It needs no account, and if you are signed in it takes you to your account, where your contract is already filled in;
  • any other clear statement that you are withdrawing, for example an email to legal@tokklr.com or a letter to the address at the top of these Terms. You may use the model withdrawal form at the end of this section, but you do not have to.

What happens next. We acknowledge your withdrawal by email without undue delay. When you use "Withdraw from contract here", that acknowledgement includes what you sent us and the date and time you sent it.

  • If you bought the subscription from us on tokklr.com, it ends, and we refund everything you paid without undue delay and no later than 14 days after the day we are told of your withdrawal. We use the same means of payment you used, unless you expressly agree to something else, and the refund costs you nothing.
  • If you bought the subscription in the app, the app store sold it to you on our behalf and took the payment, so the refund is paid through the store. Section 16 says who the store is and where to ask it. You can also send your withdrawal to the store directly. Your access ends once the refund is made.

You get everything back, however you bought. A withdrawal sent in time is refunded in full, whether you bought on tokklr.com or in the app, and whether you sent it to us or to the store. If the store does not refund you in full, tell us at legal@tokklr.com and we will make sure you are.

You owe us nothing for the days before you withdraw. The law lets a trader charge a proportionate amount for the service already provided only when you expressly asked for the service to start within the 14 days. We do not ask you to make that request, so you owe us nothing for that time.

After the 14 days. You can still cancel at any time, as section 6 says: cancelling stops the next renewal, it does not end or refund a period that has already started, and once the payment for that period has been collected you can use your subscription until the end of that period. This does not affect any other mandatory right you have.

If the service or its content does not match what was promised, your rights about that remain fully available, within the 14 days and after them.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To Kusters IT BV, De Moystraat 4, 2018 Antwerpen, Belgium, legal@tokklr.com:
  • I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service,
  • Ordered on,
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date

Delete as appropriate.

9. How the app treats you

Tokklr is built to encourage. Feedback is supportive: the app does not grade or test your playing, and it never marks what you played as a mistake. Nothing gates your progress behind a judgment of your ability.

Some optional social features do compare activity between people who chose to connect, such as a friends leaderboard or a class leaderboard your teacher switched on. Those compare practice activity, not how well you play, and you can step out of them.

10. Availability, disclaimer and liability

We work to keep Tokklr available and correct, but it is provided on an "as is" and "as available" basis, and we do not promise it will be uninterrupted or free of defects. To the extent the law permits, we limit our liability for your use of the app.

Nothing here excludes or limits liability that cannot be excluded under mandatory Belgian or EU consumer law, including liability for death or personal injury caused by negligence, or for fraud.

11. Suspension and ending

You may stop using Tokklr at any time and delete your account in Settings.

We may suspend or end access if these Terms are seriously or repeatedly broken, if required by law, or if an account is being used to harm someone. Where it is reasonable to do so, we will say why and give you a chance to put it right. If we end your access without cause, you keep your rights to what you already paid for.

12. Transfer of this agreement

We intend to move Tokklr into a dedicated company in future. We may transfer these Terms, and our rights and obligations under them, to a company within the same group or to a company that takes over the business, provided your rights under these Terms are not reduced. You may not transfer your account or these Terms to someone else.

13. Governing law and forum

These Terms are governed by Belgian law. Disputes go before the courts of Antwerp, Belgium, without prejudice to any mandatory consumer-protection rule that lets you bring proceedings where you live, or that requires a different forum.

14. Contact and complaints

Write to legal@tokklr.com with any question or complaint about these Terms or the app. We would rather hear from you first and settle it directly.

If you are a consumer in the EU and we cannot resolve it between us, you may be able to use an out-of-court consumer mediation body in your own country. In Belgium that is the Consumer Mediation Service (https://consumerombudsman.be).

Part 2: terms for you as a student

15. Your class and your teacher

If you join a teacher's class, that teacher can see that you are a member and can communicate with you. Your detailed progress is visible to your teacher only if you switch that on. A teacher may also switch on a class leaderboard, which shows class members' names and practice streaks to each other.

16. Your subscriptions and purchases

How you are billed depends on where you buy.

  • In the app. A subscription or other purchase you make in the app is sold to you on our behalf by the app store of the platform you use, which takes the payment and manages renewals and cancellation through your store account. That store's terms and refund policy also apply, but they do not take away your rights under section 8.
  • On tokklr.com. Where we offer a subscription for sale on tokklr.com, a subscription you buy there is billed by us through our payment provider, and you manage its renewal and cancellation in your account on tokklr.com.

Who sells a purchase in the app. We provide the service and remain responsible to you for it. The store sells it on our behalf:

  • on an iPhone or iPad, Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, through the App Store;
  • on Android, Google Commerce Limited, 70 Sir John Rogerson's Quay, Dublin 2, D02R296, Ireland, through Google Play.

Withdrawing or asking for your refund through the store, also after withdrawing with us under section 8:

  • Apple: use your purchase history at https://reportaproblem.apple.com, or another route in section B ("Right of withdrawal") of the Apple Media Services Terms at https://www.apple.com/legal/internet-services/itunes/ie/terms.html, such as an email to rightofwithdrawal@apple.com;
  • Google Play: use the refund and withdrawal page for Europe at https://support.google.com/googleplay/answer/15576634?hl=en, or write to Google Commerce Limited at the address above.

We never see your card details.

Part 3: terms for you as a teacher

17. Your teaching licence

This section adds to the licence in section 3.

If you hold a teacher plan, that licence extends to using the app and its content with the students on your plan, in your own teaching practice, whether you teach privately or professionally. It does not let you re-sell, sub-licence or redistribute the content itself.

18. Your students and their data

If you are a teacher, you are responsible for how you use student data you can see and for the lawfulness of accounts you create for students. You are the person your students will ask first, and you agree to pass on requests about their data to us promptly.

19. Teacher and class plans

Teacher and class plans are sold directly by us, not through an app store, and are billed on the terms agreed for that plan.