Terms

Terms and conditions for using Smart Fret. Version 1.0 · as of 10 July 2026.

§ 1 Scope and provider

(1) These terms and conditions ("Terms") apply to the use of the marketing website smartfret.app and the software-as-a-service application SMART FRET ("Service") at play.smartfret.app.

(2) The provider and contracting party is SMART FRET (in formation), Barichgasse 25/10, 1030 Vienna, Austria, email: play@smartfret.app ("Provider").

(3) Deviating terms of the user are rejected unless the Provider expressly agrees to them in writing.

§ 2 Description of services

(1) SMART FRET is a browser-based music theory and practice tool. Its feature set includes, among others, visualisations (note circle, fretboard for guitar/bass/piano), notation and tablature, chord progressions, a practice and sequence mode, a metronome, a pad synthesizer, information and note functions, and a live broadcast function for teachers.

(2) The Service is under continuous development (currently in an alpha/beta stage). The specific feature set may evolve, expand or change.

(3) The Provider makes the Service available as an online application; no installation by the user is required. A current web browser and an internet connection are required.

§ 3 Registration, account and user categories

(1) Use requires registration with a valid email address. The user is obliged to provide truthful information and to keep access credentials secret.

(2) The following account categories exist: solo user, solo teacher, music school, music university. Within an institution the roles OWNER, ADMIN, TEACHER, STUDENT apply with graduated permissions.

(3) Teacher, school and university accounts are not activated automatically. After an application is submitted, the Provider carries out a manual review and activation. There is no entitlement to activation.

(4) By registering, the user accepts these Terms and the privacy policy in their respective valid versions. The time and version of acceptance are stored.

(5) Minors under 14 years of age may only use the Service with the consent of their legal guardians. In the case of institutional use, the inviting institution is responsible for obtaining any required consents.

§ 4 Trial period, licences and remuneration

(1) New accounts receive a free 7-day trial with the full Pro feature set. After it expires, access to paid features is blocked until a paid licence is activated.

(2) Paid subscriptions are billed in advance for the respective booked term via our payment service provider Stripe (Stripe Payments Europe, Ltd.); the invoice is provided automatically. For institutional customers, billing by invoice may alternatively be agreed.

(3) A seat model applies to institutional accounts: each user within an institution occupies one seat. The model is two-axis – there are separate quotas for teaching staff (roles OWNER/ADMIN/TEACHER) and for students (STUDENT). The number of available seats per quota depends on the licence booked. When a seat limit is reached, further invitations into the affected quota are blocked until it is increased.

(4) Prices, scope of services and terms result from the respective offer or order/invoice. Unless otherwise agreed, the licence term is 12 months. All prices shown on the website are final (gross) prices and include the statutory Austrian VAT, currently 20%.

(5) Billing data. For invoicing, the user provides the required billing data (name/company, address, country, VAT ID where applicable) completely and correctly; in the Stripe payment path this data is collected via the payment service provider. This data is processed for creating invoices and fulfilling statutory retention obligations (details in the privacy policy).

§ 5 Rights of use and intellectual property

(1) All rights to the Service, its software, design, content and trademarks remain with the Provider or its licensors.

(2) For the term of the contract, the user receives a simple, non-transferable, non-sublicensable right to use the Service as intended.

(3) The following are prohibited in particular: reverse engineering (except where mandatorily permitted by law), copying or reproducing the Service, circumventing technical protection or licensing measures, and passing on access credentials to third parties.

(4) The user retains their rights to self-created content (e.g. own exercises, progressions, notes). They grant the Provider the rights of use required for technical provision, storage and, where applicable, sharing.

§ 6 Personal use, seats and prohibition of transfer

(1) Personal account. Each account is personal and intended exclusively for use by the registered person. Passing on, sharing or selling access credentials to third parties is prohibited. An account may not be shared by several people (no "account sharing").

(2) Seats are not divisible. Under institutional licences, each natural person occupies exactly one seat. A seat is personal and may not be used simultaneously or alternately by several people. "Rotating" a seat between several people is prohibited. If a user is removed, the seat becomes free and can be reassigned; such a change serves administration, not circumvention of the seat limit.

(3) No circumvention of the licence/seat model. In particular, measures aimed at giving more people access than licences or seats were purchased are prohibited – e.g. through shared collective accounts, technical circumvention of the seat check, or splitting users across several free/trial accounts.

(4) Prohibition of trial abuse. The free trial is intended per person or per institution. Repeatedly creating multiple accounts to use the trial more than once or to circumvent a paid licence is prohibited.

(5) General usage obligations. The user undertakes not to use the Service unlawfully or abusively, in particular not to post infringing content, not to circumvent technical protection, licensing or rate-limiting measures, not to carry out automated bulk queries (scraping), and not to impair the security and availability of the Service.

(6) Institutional responsibility. In the case of institutional use, the respective OWNER/ADMIN is responsible for the proper administration of invited users, compliance with the seat limit, and compliance with these Terms by the invited users.

(7) Live broadcast. The live function is intended for use within the envisaged teaching/learning context (teacher to invited or authorised participants). Use to circumvent the licence model (e.g. public distribution to an indefinite number of people contrary to the booked scope of services) is prohibited.

§ 6a Consequences of violations

(1) In the event of violations of § 5 or § 6, the Provider is entitled to temporarily block affected accounts or seats, to block invitations, or – in the case of serious or repeated violations – to terminate the contract extraordinarily.

(2) In the case of proven circumvention of the licence/seat model, the Provider reserves the right to subsequently claim the licence fees required for the actual use. Further statutory claims remain unaffected.

(3) To enforce these rules and prevent abuse, the Provider evaluates usage and security logs to the extent necessary – in particular the session/device information stored to limit concurrently signed-in devices (legal basis: legitimate interest, Art. 6(1)(f) GDPR; details in the privacy policy).

§ 6b Data processing for institutional use (Art. 28 GDPR)

(1) If an institution (music school/music university) uses the Service and thereby processes personal data of its students or members, the institution is the controller within the meaning of the GDPR and the Provider is the processor.

(2) For this constellation, the institution and the Provider conclude a data processing agreement under Art. 28 GDPR (DPA). The DPA is attached to the institutional contract as an annex and governs the subject matter, duration, nature and purpose of the processing, the data categories, the data subjects, and the technical and organisational measures.

(3) The institution remains responsible for the lawfulness of collecting its students' data, in particular for any required consents (including for minors, see § 3(5)).

§ 7 Availability and warranty

(1) The Provider endeavours to achieve the highest possible availability but does not owe any specific availability. Maintenance, further development, and disruptions outside the Provider's control may lead to restrictions.

(2) Due to the development stage (alpha/beta), errors, functional changes or data loss may occur. The user is expressly notified of this circumstance.

§ 8 Liability

(1) The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.

(2) In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) The above limitations do not apply where mandatory statutory liability exists.

§ 9 Term, renewal and termination

(1) Paid subscriptions have a term of 12 months and renew automatically for a further 12 months each time, unless cancelled by the end of the current term. The fee for the new term is charged in advance via the payment service provider upon renewal.

(2) Cancellation is possible at any time and without giving reasons – via the user account or by email to play@smartfret.app – and takes effect at the end of the current term. Fees already paid for the current term are not refunded on a pro-rata basis.

(3) The user can also terminate their account at any time via the "Delete account" function in their profile. With an active licence, access remains until the end of the licence; deletion then takes place in accordance with the privacy policy.

(4) Staff accounts (OWNER/ADMIN/TEACHER) can, for organisational reasons, only be deleted via support.

(5) The right to extraordinary termination for good cause remains unaffected for both parties.

§ 10 Right of withdrawal for consumers

(1) For paid services, consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract.

(2) For digital services, the right of withdrawal expires prematurely if the Provider has begun performance after the consumer has expressly consented to performance beginning before the withdrawal period expires and has confirmed their awareness of the loss of the right of withdrawal.

(3) To exercise the withdrawal, a clear statement to play@smartfret.app is sufficient.

§ 11 Changes to the Terms

The Provider may change these Terms with effect for the future. The user is informed of material changes in text form or within the application. Continued use after the changes take effect is deemed acceptance, unless objected to; the right of objection is pointed out.

§ 12 Final provisions

(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the user's country of residence remain unaffected.

(2) Should a provision be invalid, the validity of the remaining provisions remains unaffected.

(3) The place of jurisdiction is, where permissible, Vienna.

§ 13 Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr. We are not obliged, and are generally not willing, to participate in dispute resolution proceedings before a consumer arbitration board.