Terms of use and of sale

1. Who we are

Keylark is made by Marc Scully, of 13 St Fiacres Place, Kilkenny, Co. Kilkenny, R95 CR2F (“we”, “us”). You can write to us at [email protected]. These terms are between you and us for using Keylark. When you buy, they sit beside Polar’s terms for buyers (section 2).

2. Buying from Polar

Polar sells Keylark to you as merchant of record, under its own terms for buyers, which its checkout page shows. Polar takes your payment, handles the VAT and sends your receipt and licence key. We make Keylark, decide its price, and look after support and refunds. Prices are shown with VAT included.

3. Your licence

When you buy, you get a personal licence to use Keylark with every song, for as long as your plan lasts. It is for you, not for sharing, and it works on up to 3 computers you use. Keylark checks the key with Polar now and then, and keeps working for 30 days with no connection. You may not copy, sell or share your key, or take Keylark apart to get round the licence, except where the law lets you.

Without a licence, Keylark is free to use as the pricing page describes: play along by ear on any song, and the full chords on 3 songs of your choice, plus the demo song.

4. Renewal and cancelling

Your plan, yearly or monthly, renews at the end of each period and you are charged again, until you cancel. Cancel in Polar’s customer portal. Cancelling takes effect at the end of the period you have paid for, and you keep every song until then. Cancelling does not by itself refund what you have already paid (see section 5).

5. Money back

You can have your money back, with no questions asked, if you ask within 30 days of your first payment. If a renewal comes and you did not want it, you can have that payment back if you ask within 14 days of it. The refunds page says how.

This goes beyond your legal right to cancel an online purchase within 14 days. Keylark works the moment you buy, so when you buy you ask us to start straight away and agree that you give up the 14-day right once the paid part is used. Our 30 days sits on top of that: you lose nothing by trying it.

6. The music you play

Use Keylark only with music you have the right to play. Keylark does not give you any rights in a song.

• YouTube’s own terms let you watch its videos for personal, non-commercial use, and do not allow public screenings. So play along to a YouTube song to practise, and not in front of an audience.
• At gigs, use your own backing tracks, which you have the right to play. Keylark opens song files from your computer.
• Keylark only listens to what is playing at that moment. It never downloads a video or its sound, and never records.

7. No guarantee about every song

Keylark chooses notes from the chords it hears, and that is not exact. We do not promise that every song is followed correctly, or that every note will suit your ear. It also depends on things we do not control, such as Chrome, Edge, YouTube, your computer and your headphones, any of which can change. We will do our best to keep Keylark working, and to say so when something stops.

8. Our responsibility

Nothing in these terms limits what the law does not let us limit: our responsibility for death or personal injury caused by our negligence, for fraud, or for your legal rights as a consumer. Those are not affected.

Apart from that, if we are responsible to you for something going wrong, we are liable up to what you paid us in the 12 months before, and not for losses that were not a likely result of what went wrong, such as a lost booking or lost earnings.

In Ireland your consumer rights are summed up by the Competition and Consumer Protection Commission at ccpc.ie/consumers, and in the United Kingdom by Citizens Advice at citizensadvice.org.uk/consumer. For example, digital content must be as described, fit for its purpose and of the quality you can reasonably expect.

9. Changes

We may change Keylark and these terms. If we change the terms in a way that matters to you, we will say so on this page and by email if we have your address, and the change applies to your next period, not to what you have already paid for. If you do not agree, you can cancel.

10. Ending

You can stop using Keylark at any time. We may end your licence if you break these terms, and we will tell you why. If we end it for any other reason, we will refund the part of the period you have paid for and not used.

11. The law

These terms are governed by the law of Ireland, and the courts of Ireland can hear any dispute. If you live elsewhere in the European Union or in the United Kingdom, the consumer protection law where you live still applies to you, and you may also use your own courts.

12. Contact

Marc Scully, 13 St Fiacres Place, Kilkenny, Co. Kilkenny, R95 CR2F. Write to [email protected].