Terms of Use

Effective Date: 2026-05-01 · Last Updated: 2026-05-01 · Version: 1.0

These Terms of Use (“Terms”) govern your access to and use of Mind the Guitar and any related websites, content, features, technologies, and services made available by Michał Gajek, an individual sole developer operating the Mind the Guitar application, with a correspondence address at Aleja Wilanowska 103/49, 02-795 Warszawa, Poland and reachable at contact@mindtheguitar.com (“Developer,” “we,” “us,” or “our”).

By downloading, accessing, creating an account for, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

1. The Service

Mind the Guitar is a digital learning platform designed to support guitar learning through structured lessons, exercises, guided progression paths, chord-shape recognition, theory practice, progress tracking, and related educational features (collectively, the “Service”).

We may update, enhance, modify, suspend, or discontinue any part of the Service at any time, with or without notice, subject to applicable law.

2. Eligibility

You may use the Service only if you have the legal capacity to enter into a binding agreement under applicable law.

If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and is responsible for your use of the Service.

3. Account Registration and Security

Certain features of the Service may require you to create an account.

When creating and maintaining your account, you agree to:

• provide accurate, current, and complete information;
• keep your login credentials confidential and secure;
• promptly update your information if it changes;
• notify us immediately if you suspect unauthorized access to or use of your account.

You are responsible for all activities that occur under your account, except to the extent caused by our breach of applicable law or our failure to exercise reasonable security measures.

We reserve the right to suspend, restrict, or terminate accounts that contain false information, are used in violation of these Terms, or create legal, operational, or security risks.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, access, and use the Service solely for your own personal, non-commercial use.

This license does not transfer any ownership rights in the Service or any content made available through it.

Except as expressly permitted by applicable law or by us in writing, you shall not:

• copy, reproduce, republish, modify, adapt, translate, or create derivative works of the Service or its content;
• sell, license, lease, distribute, assign, commercially exploit, or otherwise make the Service available to third parties;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, file formats, or structure of the Service;
• remove, obscure, or alter copyright, trademark, or other proprietary rights notices;
• circumvent, disable, or interfere with security-related or access-control features of the Service;
• use the Service for competitive analysis, benchmarking, or to develop a competing product or service.

5. Acceptable Use

You agree to use the Service lawfully, responsibly, and only for its intended purposes.

You must not, directly or indirectly:

• use the Service in violation of any applicable law, regulation, or third-party right;
• infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other rights of any person or entity;
• upload, transmit, or make available any content that is unlawful, defamatory, abusive, harassing, hateful, fraudulent, misleading, obscene, or otherwise objectionable;
• interfere with or disrupt the integrity, performance, or operation of the Service or any related systems or networks;
• gain or attempt to gain unauthorized access to any account, device, system, or network;
• use bots, crawlers, scripts, automation, or other unauthorized means to access the Service or manipulate learning progress, statistics, achievements, or usage data;
• introduce viruses, malware, malicious code, or any other harmful material into the Service;
• use the Service for commercial teaching, reselling, sublicensing, or any revenue-generating activity unless expressly authorized by us in writing.

6. Educational Purpose; No Professional Instruction; No Guarantee of Results

The Service is intended solely for general educational and informational purposes in connection with guitar learning and practice.

The Service does not constitute certified music instruction, professional training, medical advice, physiotherapy advice, ergonomic advice, or any other regulated professional service.

We do not warrant or guarantee that:

• you will achieve any particular skill level or musical outcome;
• you will complete any learning path within any specific period of time;
• any exercise, recommendation, score, or feedback will be accurate, complete, or suitable for your specific goals or level of experience.

Your progress and outcomes depend on many factors beyond our control, including your effort, consistency, prior experience, and technique.

7. User Content

The Service may permit you to enter limited content such as your display name and avatar image (collectively, “User Content”). User Content is stored only on your device and is not uploaded to our servers, shared with other users, or otherwise made publicly available through the Service.

You retain ownership of your User Content and remain solely responsible for it.

You represent and warrant that:

• you own or control all rights necessary to use the User Content within the Service;
• your User Content does not violate any law or infringe any third-party right.

Because we do not receive your User Content, we do not host, transmit, or process it on your behalf, and no licence to your User Content is granted to us by these Terms.

If, in the future, we introduce features that allow User Content to be shared with other users or transmitted to our servers, we will update these Terms and our Privacy Notice accordingly.

8. Intellectual Property Rights

The Service, including all software, code, lesson structures, learning paths, exercises, text, graphics, logos, interface designs, audiovisual materials, databases, compilations, trademarks, and other content made available by us or on our behalf, is owned by or licensed to us and is protected by intellectual property and other applicable laws.

Except for the limited license expressly granted under these Terms, no rights, title, or interest in or to the Service are transferred to you.

All trademarks, service marks, trade names, logos, and branding used in connection with the Service are the property of their respective owners. You may not use them without prior written permission.

9. Subscriptions, Billing, and Payments

Certain features of the Service may be offered on a paid basis, including through one-time purchases, subscriptions, premium access plans, or free trials that convert into paid subscriptions unless canceled in time.

If you purchase a paid feature or begin a free trial that converts into a paid subscription:

• you agree to pay all applicable fees, taxes, and charges disclosed at the time of purchase;
• you authorize the relevant app store, payment processor, or platform provider to charge your selected payment method;
• recurring subscriptions may automatically renew unless canceled before the end of the then-current billing period;
• the price, billing cycle, renewal terms, and trial conditions, if any, will be presented to you before you complete the purchase;
• you are responsible for managing and canceling your subscription through the relevant purchase channel unless we expressly provide another cancellation method.

Unless otherwise stated, billing, renewals, cancellations, refunds, and payment processing for in-app purchases may be handled by the applicable platform provider, such as Apple App Store or Google Play, and may therefore also be subject to that provider's terms and policies.

Except where required by applicable law, all purchases are final and non-refundable.

We reserve the right to change pricing, subscription plans, and feature availability at any time. Any pricing changes will apply prospectively and, where required by law, only after notice to you.

EU Consumer Notice

If you are a consumer located in the European Union or another jurisdiction that grants mandatory cancellation or withdrawal rights for digital services, you may have additional rights under applicable law.

Where required by law, we will provide relevant pre-contract information before purchase. By purchasing digital content or digital services for immediate access, you may be asked to expressly consent to immediate performance and acknowledge that you may lose any applicable withdrawal right once performance has begun, to the extent permitted by law.

Nothing in these Terms limits any mandatory consumer rights that apply to you under applicable law.

10. Content Moderation and Enforcement

The Service does not currently include public, interactive, or community features that allow users to share content with one another. As a result, no general moderation of user-to-user content is performed.

We nonetheless reserve the right to investigate suspected violations of these Terms and to take appropriate action, including issuing warnings, suspending feature access, suspending or terminating accounts, and reporting unlawful conduct to relevant authorities where appropriate.

If we introduce community or sharing features in the future, we will publish a content reporting and moderation procedure consistent with applicable law, including the Digital Services Act.

11. Service Availability and Technical Issues

We use reasonable efforts to keep the Service available and functioning properly. However, we do not guarantee that the Service will be uninterrupted, error-free, secure, or free from delays, omissions, or loss.

From time to time, the Service may be unavailable due to maintenance, updates, connectivity issues, third-party outages, device compatibility issues, force majeure events, or other causes beyond our reasonable control.

12. Health and Well-Being

Use of the Service is at your own discretion and risk.

Because the Service may involve repeated screen interaction, hand use, and extended time on a mobile device, you are responsible for using it in a reasonable and healthy manner. We recommend that you take breaks regularly, maintain a comfortable posture, avoid prolonged screen time without rest, and generally remember that your back, neck, shoulders, and wrists are part of the learning experience too.

And, from time to time, it may also be a good idea to put the phone down and pick up the actual guitar.

The Service does not provide medical, ergonomic, physiotherapy, or health advice. If you experience pain, discomfort, strain, numbness, or other physical symptoms while using the Service, you should stop and seek appropriate professional advice where necessary.

To the fullest extent permitted by law, we disclaim liability for any injury, discomfort, or loss arising from excessive, improper, or unhealthy use of the Service.

13. Suspension and Termination

We may suspend, restrict, or terminate your access to all or any part of the Service, with or without notice, if:

• you breach these Terms;
• we reasonably suspect fraud, abuse, unauthorized payment activity, or unlawful conduct;
• your use of the Service creates legal exposure, security concerns, or operational disruption for us, other users, or third parties;
• we are required to do so by law, court order, platform rules, or governmental authority.

You may stop using the Service at any time. If you wish to delete your account, you may do so through the available account settings or by contacting us, where applicable.

Sections of these Terms which by their nature should survive termination shall survive, including those relating to intellectual property, disclaimers, limitation of liability, governing law, dispute resolution, and any accrued rights or obligations.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

Without limitation, we disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing, usage, or trade practice.

We do not warrant that the Service will meet your requirements or expectations, that it will achieve any intended result, or that any defects will be corrected.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither we nor our affiliates, directors, officers, employees, contractors, licensors, or service providers shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, business, opportunity, goodwill, data, or anticipated savings, arising out of or in connection with the Service or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service or these Terms shall not exceed the greater of:

1. the total amount paid by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim; or
2. EUR 100.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

16. Privacy

Our collection, use, and processing of personal data in connection with the Service are described below and in our separate Privacy Notice, available within the App under Profile → Terms and Conditions and bundled with the App at lib/terms_and_conditions/privacy_policy.md.

16.1 Local Data Only

Mind the Guitar is designed to keep your data on your device. At this time, we do not collect, store, or transmit your personal data on our servers. Your profile, progress, settings, and related app data are stored locally on your device only.

16.2 What the App Stores Locally

The App may store the following information locally on your device:

• your optional display name;
• your avatar image, if you choose to add one;
• your learning progress;
• your exercise statistics and streaks;
• your app preferences and settings;
• local app status flags and backup copies of your profile data.

16.3 Microphone Access

The App may request access to your microphone only for the tuner feature. Microphone input is processed locally on your device. We do not record, store, or send your audio to our servers.

16.4 Camera and Photo Access

The App may request access to your camera or photo library only if you choose to add or change your avatar. Any image you choose for your avatar is stored locally on your device.

16.5 Children's Privacy

The App is not directed at children under 13. We do not knowingly collect personal data from children.

16.6 Subscriptions and Payment Data

Where you make a purchase through Apple App Store or Google Play, payment processing, billing, renewals, cancellations, and related payment data handling are managed by the relevant platform provider under its own terms and privacy policy. The App may receive limited information from the platform, such as the status of a purchase or subscription, solely to enable paid features. We do not store your full payment card details.

17. Complaints and Support

If you have a complaint, support request, billing issue, or legal question relating to the Service, you may contact us at contact@mindtheguitar.com.

To help us resolve your issue efficiently, please include, where applicable:

• your name or account email address;
• a description of the issue;
• the date the issue occurred;
• any relevant transaction, subscription, or payment details;
• screenshots or other supporting information, if available.

We will review complaints and support requests within a reasonable time and, where applicable law requires, within the time period prescribed by law.

18. Changes to These Terms

We may amend these Terms from time to time to reflect changes in the Service, applicable law, our business practices, or for other legitimate operational reasons.

If we make material changes, we will provide notice as required by applicable law, including by posting the updated Terms in the Service or by other reasonable means.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those revised Terms, unless applicable law requires a different form of consent.

19. Governing Law

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of Poland, without regard to conflict of laws principles.

If you are a consumer, nothing in these Terms deprives you of any mandatory consumer protection rights under the laws of your country of residence.

20. Disputes

If you have a dispute, complaint, or claim relating to the Service, you agree to first contact us at contact@mindtheguitar.com and attempt to resolve the matter informally.

If a dispute cannot be resolved informally, it shall be subject to the competent Polish courts having jurisdiction over the Developer's place of residence, unless mandatory consumer law provides otherwise (in particular, EU consumers may bring proceedings before the courts of their country of residence).

21. App Store Terms

If you download or access the App through the Apple App Store or Google Play, you acknowledge that:

• these Terms are concluded between you and us, and not with Apple or Google;
• Apple and Google are not responsible for the App or its content;
• your use of the App must comply with the applicable store terms of service;
• billing, subscription management, and refunds may be handled in whole or in part by the relevant platform provider under its own rules and policies;
• to the extent required by applicable platform terms, Apple and Google are third-party beneficiaries of these Terms and may enforce them against you.

22. General Provisions

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any provision of these Terms shall not operate as a waiver of that provision or any other provision.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings relating to the same subject matter.

23. Contact

If you have any questions about these Terms or the Service, you may contact us at:

Michał Gajek — sole developer of the Mind the Guitar application
Aleja Wilanowska 103/49, 02-795 Warszawa, Poland
contact@mindtheguitar.com

© 2026 Mind the Guitar. All rights reserved.