Terms of Use

Terms & Conditions

These Terms govern the use of the JazzVizor app and the website musicappvienna.com.

1. Scope & Provider

These Terms and Conditions apply to all contracts between the provider and natural persons (consumers and businesses) regarding the use of the JazzVizor app and the associated website.

Provider:
Michael Eckel
Ottakringer Straße 168
1160 Vienna, Austria

Email: michael@musicappvienna.com

2. Subject Matter

The subject of this agreement is the provision of the JazzVizor mobile application for iPad (iPadOS), Android tablets, and Mac (macOS, Apple Silicon) to support practising, analysing, and live-playing jazz music. JazzVizor optionally integrates with compatible smart glasses (e.g. Rokid CXR, Brilliant Halo) via local Bluetooth, where supported by the user's hardware.

JazzVizor is offered in two versions:

2a. Pre-Installed Content

JazzVizor ships with a clearly limited set of pre-installed musical content:

JazzVizor does NOT ship with any third-party copyrighted sheet music, Real Book pages, publisher PDFs, or commercially licensed audio recordings. All other content used inside the app must be imported by the user (see §8).

3. Formation of Contract

The contract is concluded by:

The contract language is English. German versions of the documents are available on request.

4. Prices & Payment Terms

The prices displayed on the in-app pricing page at the time of subscription apply. As of the current version of these Terms:

Prices displayed inside the app are consumer prices inclusive of applicable EU value-added tax (VAT). VAT is collected, reported, and remitted directly by Apple Distribution International Ltd. (Ireland) and Google Commerce Limited (Ireland) as merchant of record under their respective developer agreements. The VAT amount will appear on the receipt issued to you by Apple or Google.

At the time of publication of these Terms, the provider qualifies as a small-business owner pursuant to § 6 Abs. 1 Z 27 UStG (Austrian VAT Act) and does not separately invoice or charge VAT on direct payouts received from the app stores. Should the provider's annual turnover exceed the statutory small-business threshold (currently € 55,000 net effective 1 January 2025), VAT will be applied as legally required and these Terms together with the in-app price display will be updated accordingly.

Billing is handled exclusively via the user's app-store account (Apple ID, Google Account). The payment terms, refund policies, and consumer protections of the respective app store apply additionally and exclusively to the payment side of the transaction.

5. Free Trial

When subscribing to a Premium plan for the first time, a free trial period of up to 14 days may be offered (subject to Apple/Google trial eligibility rules). During this period the subscription may be cancelled at any time at no cost via the user's app-store account settings.

Important Auto-Renewal Notice: If you do not cancel the subscription at least 24 hours before the 14-day free trial ends, your trial will automatically convert into a recurring paid subscription at the chosen tier (€ 7.99 / month or € 59.99 / year), and the first charge will be billed immediately to your Apple ID or Google Account. The subscription will then renew at the same rate at the end of each billing period until cancelled.

6. Automatic Renewal & Cancellation

Subscriptions renew automatically at the chosen tier unless cancelled at least 24 hours before the end of the current billing period.

Cancellation is done directly via the app store where the subscription was purchased:

Refunds of amounts already paid are granted only in the cases provided by the respective app store's refund policy. The provider has no technical ability to issue store-side refunds directly.

7. Right of Withdrawal for Consumers (FAGG)

Withdrawal Notice pursuant to FAGG (Austrian Distance and Off-Premises Contracts Act, implementing EU Consumer Rights Directive 2011/83)

You have the right to withdraw from a Premium subscription contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the contract was concluded.

To exercise your right of withdrawal, contact the provider (Michael Eckel, Ottakringer Straße 168, 1160 Vienna, Austria, michael@musicappvienna.com) by an unequivocal statement of your decision. For app-store-billed purchases, you may also use Apple's or Google's refund flow as the practical primary channel.

Early expiry of the withdrawal right for digital content (§ 18 Abs. 1 Z 11 FAGG): By completing a Premium purchase through the native Apple App Store or Google Play Store payment interface, you (a) expressly request immediate execution of the contract and immediate unlocking of the Premium features, AND (b) acknowledge that this request causes the loss of your statutory 14-day right of withdrawal once the digital content has been delivered. The pre-purchase information shown by the provider together with the official store payment interface jointly capture this binding acknowledgement before final confirmation of the purchase. Until you complete the payment confirmation in the store interface, no contract is concluded and no payment is taken.

8. Right of Use

The provider grants you a simple, non-exclusive, non-transferable right to use the app for the duration of the contract. You may:

The following are prohibited:

9. User Content & Sole Responsibility

You are solely and exclusively responsible for all content you import into, upload to, or create within the app — including but not limited to: your own compositions, imported MusicXML files (.musicxml/.xml), attached PDF leadsheets, scanned sheets, hand-written charts, custom licks, setlists, and any media files.

You expressly warrant and represent that:

The provider acquires no rights to your content — it remains exclusively your property and is stored locally on your device. JazzVizor does not transmit, host, or share your content with third parties (no cloud sync, no community feed, no public library).

9a. Contact for Rights-Holder Inquiries

JazzVizor stores all user-imported content (MusicXML files, PDFs, audio, etc.) exclusively on the user's local device. The provider does not operate a server that hosts, stores, transmits, or distributes user content. Consequently, the provider has no technical means to remove, block, or disable access to content stored on a user's private device.

Rights holders who believe a JazzVizor user has imported infringing content into their personal device may nevertheless contact the provider at michael@musicappvienna.com (subject: "Rights Holder Inquiry"). The provider will, in good faith, forward general guidance to users and cooperate with competent authorities where legally required. The provider does not claim hosting-provider status under the EU Digital Services Act, as no hosting takes place.

9b. Indemnification (Consumer-Limited)

To the extent permitted by applicable mandatory consumer protection law, you agree to indemnify the provider against losses, damages, and reasonable legal costs that result directly from your own infringement of third-party rights through content you import into the app (e.g. copyrighted sheet music, audio, or PDFs that you do not have the right to use). This obligation is limited to the user's own infringing conduct and does not extend to claims unrelated to user-imported content.

For business users (B2B), broader indemnification under §1295 ABGB and general contract law applies.

10. Warranty & Liability

Statutory warranty provisions apply (in Austria: VGG — Austrian Consumer Goods Warranty Act, 2 years from delivery for consumers).

Liability is unaffected (no limitation) for:

For slight negligence (leichte Fahrlässigkeit), liability is limited to the breach of an essential contractual obligation (Kardinalpflicht — an obligation whose fulfilment is necessary for the proper performance of the contract and on whose observance the user regularly relies), and is then capped at the typical, foreseeable damage arising from such breach.

Subject to the carve-outs above, the provider assumes no liability for: lost profits or purely consequential damages; data loss insofar as a reasonable backup by the user would have prevented it; malfunctions caused by third-party services (Apple, Google, hardware drivers) or device incompatibilities; or failure of live performances using the app.

11. Availability

The provider strives for the highest possible availability of the app but does not guarantee uninterrupted accessibility. Maintenance work, software updates, and unforeseen outages may cause brief interruptions.

12. Changes to These Terms

The provider reserves the right to amend these Terms when this becomes necessary due to changed legal conditions, new app functions, or changed terms of the app stores. Significant changes will be communicated by in-app notice and via this website at least 30 days before they take effect. Since no accounts or email addresses are collected, no direct email notification is technically possible.

13. Applicable Law & Jurisdiction

The law of the Republic of Austria applies, excluding the UN Sales Convention (CISG).

If you are a consumer residing in the European Union, mandatory consumer protection provisions of your country of habitual residence remain unaffected, and pursuant to the Brussels I bis Regulation (EU) 1215/2012 you may bring any legal proceedings against the provider either before the courts of your country of residence or before the courts of Vienna, Austria. The provider may sue a consumer only in the courts of the EU member state where the consumer is domiciled.

For business users (B2B) and consumers domiciled outside the EU, the exclusive place of jurisdiction is Vienna, Austria.

14. Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

15. Dispute Resolution

The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 19 AStG).

Note: The EU Online Dispute Resolution platform (ec.europa.eu/consumers/odr) was discontinued by the European Commission on 20 July 2025 and is no longer available.

16. App Store Distribution & Third-Party Terms

JazzVizor is distributed through the Apple App Store (iPadOS, macOS) and the Google Play Store (Android). The respective Terms of Service of these platforms apply in addition to these Terms:

You acknowledge that Apple and Google are third-party beneficiaries of these Terms in their capacity as distribution platforms and have the right to enforce these Terms against you. Apple is not responsible for providing maintenance, support, or warranty services for the app; any such responsibility lies solely with the provider, subject to §10 above.

The provider has no influence over, and assumes no liability for, the policies, fees, refund procedures, or technical availability of the App Store or Play Store.

17. Minimum Age & Children

JazzVizor is a general audience tool and is not specifically directed at children under 13. The app does not provide user accounts, social features, advertising, or behavioural profiling. The only personal data the provider receives in connection with the app are pseudonymous subscription identifiers from the app stores; see the Privacy Policy §3 for full details.

JazzVizor does not knowingly collect personal data from children below the applicable minimum age set out in COPPA (US: under 13) or GDPR Art. 8 (EEA: 13–16 depending on member state — 14 in Austria per § 4 Abs. 4 DSG). Where a Premium subscription is purchased, the binding billing relationship is between the user (or their parent/guardian) and the respective app store, governed by that store's own age and parental-consent policies. Should future features be introduced that process personal data of identifiable minors, verifiable parental consent will be obtained where required by law, and these Terms will be updated before activation.

18. Export Control & Sanctions

You agree to comply with all applicable export control laws and trade sanctions (in particular EU sanctions, US Export Administration Regulations, OFAC sanctions). You confirm that you are not located in a country subject to a comprehensive trade embargo (e.g. as of June 2026: North Korea, Iran, Syria, Crimea) and that you are not listed on any government denial or sanctions list.

19. Entire Agreement & Legal Disclaimer

These Terms, together with the Privacy Policy and the Legal Notice, constitute the entire agreement between you and the provider regarding the JazzVizor app and the website musicappvienna.com.

These Terms have been drafted in good faith following best-practice models for European software providers, with reference to legal guidance for app developers (incl. Austrian counsel). They are not a substitute for individual legal advice. For specific commercial use cases, please consult qualified legal counsel.

Last updated: June 2026