用户协议Terms of Service

1. What these terms cover

CleverJazz ("the app") is developed and operated by 珠海市香洲区律动空间科技中心 (a sole proprietorship in Zhuhai, China) ("we"). These terms apply to the app on iPhone, iPad and Android, and to the cleverjazz.com website. How we handle your personal information is set out in the Privacy Policy, which is part of these terms.

If you downloaded the app from the App Store, Apple's standard licence agreement (EULA) also applies, and Apple's terms govern anything involving Apple, such as App Store payments and refunds. The Android app is installed only from cleverjazz.com and these terms apply to it; the first time it opens it shows the main points of the Privacy Policy and asks whether you agree, and asks separately whether usage statistics may go to Singapore (see the Privacy Policy).

If you are under 18, please read these terms with a parent or guardian; if you are under 14, use the app only with your guardian's consent. Minors should have their guardian's consent before buying membership.

2. The service

The app is a tool for practising jazz: a library of scales, chords, licks and tunes, a band to play with, practice and its records, ear training, a tuner, a metronome and more. Some features are free and some need Pro; which are Pro is as described on the purchase screen and the Membership page in the app.

We keep improving the app and may add, change or retire features, or change what is free and what is Pro. During a membership you have paid for, Pro's main features will not shrink because of this; if one must be retired we will tell you in the app in advance. Some features need a network connection; if something is briefly unavailable because of the network, a device or a system, we will do our best to restore it quickly.

3. Your account

You can use the app's main features without an account. Signing in is for syncing between devices and for buying and restoring membership. You can sign in with a phone number (mainland China numbers only for now), WeChat or email, and on iPhone and iPad also with Apple.

• Give true and valid information, keep your codes and password safe, and do not lend, transfer or sell your account. Actions taken through your account are treated as yours.
• Membership belongs to the account, not the device: signed in with the same account, it works on iPhone, iPad and Android. Sign in with Apple is not available on Android, so first bind a phone number or WeChat to that account on your iPhone.
• If your account is misused or at risk, contact us promptly. To keep accounts safe we may ask you to confirm your identity or temporarily limit unusual sign-ins.

4. Pro membership and payment

What Pro includes, its price and its length are as shown on the screen when you buy. A price change during a membership does not affect a period you have already paid for.

• iPhone and iPad (App Store): Pro is an auto-renewing subscription charged to your Apple Account. It renews unless auto-renew is turned off at least 24 hours before the current period ends. A free trial turns into a paid subscription unless cancelled before it ends. To manage or cancel: on your iPhone or iPad, Settings › Apple Account › Subscriptions. Apple takes payment and handles refunds under its own terms; request a refund at reportaproblem.apple.com.
• Android: Pro is sold as a monthly pass (30 days) or a yearly pass (365 days), paid once through Alipay. It never renews by itself; buy again when it ends if you want to keep it. It starts as soon as the payment succeeds; buying again while membership is still running adds the days after the current end date. Payment happens inside Alipay under Alipay's own terms.
• Redeem codes (the Membership page on Android): each code can be used once and gives the days it states. Codes cannot be exchanged for cash or resold; we may void a code obtained improperly and take back the days it gave.
• Promotions: membership given through the sharing plan, in-app messages or other promotions starts and ends as that promotion's rules say.

5. Refunds on Android

Pro is a digital service provided online. Under China's consumer protection law such goods are not covered by the seven-day no-reason return, but this does not affect your other legal rights.

To ask for a refund, email cleverjazzofficial@gmail.com with the order number (in the app: Membership › Orders) and the reason. We reply within 15 working days. If we agree to a refund, the money goes back to your Alipay account and the membership days that order gave are taken back. If we caused the problem, such as a double charge or a payment that went through without membership starting, we refund in full.

6. Your content

• What you record, photograph, import or write in the app (recordings, photos of sheet music, imported files, chord charts, transcription and sheet-reading results and so on) belongs to you or its rights holder; we claim no rights in it. It stays on your device by default; the learning data that syncs once you sign in is described in the Privacy Policy. Deleting the app deletes what is on the device, so keep your own copies of anything important.
• Import, record and transcribe only what you have the right to use. Use copyrighted sheet music and recordings for your own study and practice only, and do not spread them through the app.
• When you make something public (for example a playlist), you give us a non-exclusive, free licence to store and show it in the app, only to provide that feature; it ends when you make it private or delete it.
• Transcription, sheet reading, chord analysis and similar results are generated automatically and may be wrong; trust your own ears and judgement. We never use your content to improve recognition models without your separate consent.

7. Using the app properly

When using the app, please do not:

• publish or spread content that is illegal, infringing, harassing or otherwise against public order and good morals;
• crack, decompile or modify the app, get around Pro or payment, or spread modified installers;
• scrape or copy the library in bulk by program, or interfere with or attack our servers;
• buy, refund or redeem codes by fraud, or use someone else's account or payment method.

If you break these rules we may remove the content concerned, limit features, or suspend or end the service, and we keep our legal rights. Download the Android app only from cleverjazz.com; an installer from anywhere else may have been tampered with, and we cannot be responsible for the harm it does.

8. Intellectual property

The app and the content we provide in it (software, interface design, icons, licks, tunes and chord charts, backing tracks, sounds, text and images) belong to us or their rights holders. We give you a personal, non-commercial, non-transferable licence to use the app on your devices for study and practice. Please do not copy, adapt, sell or publicly distribute this content without written permission.

Tune titles and chord progressions are used only to identify and study them. Open-source software in the app is provided under its own licences.

9. Third-party services

Sign-in, payment and some features are provided by third parties such as Apple (the App Store, Sign in with Apple), Tencent (WeChat sign-in), Alipay (payments on Android) and Alibaba Cloud (servers, phone verification codes and website hosting). Their own terms and privacy policies apply when you use them; what they receive is set out in the app's Privacy Policy.

10. Disclaimer and limits of liability

The app is a practice aid and does not promise any particular result in your playing. We do our best to keep the service stable and the content accurate, but we do not promise the app is free of errors or never interrupted.

To the extent the law allows, we are not liable for indirect losses from using or being unable to use the app, and our liability is limited to what you actually paid us for the service concerned. This does not limit liability for loss caused by our intent or gross negligence, for personal injury, or any liability the law does not allow to be excluded.

11. Deleting your account; ending the service

• You can stop using the app at any time, or delete your account in the app's account settings. After deletion the account and its data are handled as the Privacy Policy describes and cannot be restored.
• Deleting your account ends the membership on it, including unused days of monthly or yearly passes and redeemed days. Deleting your account does not cancel an App Store subscription; cancel it first on your iPhone or iPad in Settings › Apple Account › Subscriptions so you are not charged again. Passes bought on Android never renew, so there is nothing to cancel.
• If we decide to stop running the app, we will announce it in the app or on the website at least 30 days in advance, and refund unused days of Android passes in proportion.

12. Changes to these terms

We may update these terms as the app or the law changes; the new version is posted on this page with the date at the top changed. We tell you in the app about significant changes, such as to membership and payment. Continuing to use the app after a change takes effect means you accept it; if you don't agree, please stop using the app.

13. Governing law and disputes

These terms are governed by the laws of the People's Republic of China (for this purpose excluding the laws of Hong Kong, Macao and Taiwan). Any dispute is first to be settled through friendly discussion; failing that, either side may bring it before the competent people's court where we are located.

14. Contact us

Operator: 珠海市香洲区律动空间科技中心 (a sole proprietorship in Zhuhai, China)
Email: cleverjazzofficial@gmail.com
For any question about these terms, please contact us.