Terms of use

These Terms set the conditions of use for the Windows application Feelism and the related site and Forum (the "Service"), provided by Tokyo IT Co., Ltd. (東京IT株式会社, "we"). By downloading, installing, or launching the Service, registering for the Forum, or signing up for a paid plan, you agree to these Terms. These Terms also apply to free practice use. Sections 2 through 4 are about the paid plan.

1. The Service

The Service is jazz-session software that runs on your computer. Some practice forms can be used free of charge. Paid features, such as playback of extra named standards and of tunes imported through the Forum, require a monthly subscription (the "paid plan"). The details of the features follow the app and the notices on our site.

Analysis of your playing and generation of the accompaniment are, as a rule, done on your device. Communication required for billing and operation arises separately: payment, license checks, inquiries, and records used to understand the scale of playback and imports.

2. Paid plan

• The price shown at signup and on the Specified Commercial Transactions page is authoritative. Those same sources govern when you pay and when the service is provided.
• The paid plan renews automatically by the month. We issue a license key after payment is complete. Paste the key into Settings in the app to use the paid features.
• Paid features can be used on one of your computers at a time. To use another computer, quit Feelism on the one you were using. If it cannot be quit (a breakdown, for example), the seat frees within about 2 hours, and another computer can be used after that.
• There is no email membership signup inside the app. The payment provider handles the contact details used for receipts.

3. Cancellation

You cancel from Manage subscription in the app, on Stripe's payment page. After cancellation, the key stays valid until the end of the period already paid. Clearing the key field locks the paid features immediately, even in the middle of the period. After the period ends, paid tunes and imported tunes can no longer be played. Display of charts, practice forms, free tunes, and files left on the device may remain, following these Terms and the notices in the app.

4. Refunds (important)

The Service is a digital service. After provision has started, we do not refund usage fees. A cooling-off cancellation does not apply.

Even where the law requires a refund or a payment of money, and even where we return money as an exception, the amount we return to you, and the cap on any monetary obligation we owe you in connection with the Service, does not exceed the fees for the most recent one month that you paid us. If you have paid for several months, we still do not return more than one month. We do not refund on a per-day basis.

This section's cap does not apply in cases of our willful misconduct or gross negligence.

5. Care in use

You use the Service on your own responsibility, in line with the law and these Terms. The following are prohibited:

• Transferring, lending, publishing, or making an unauthorized copy of a license key
• Modifying the Service, reverse engineering it, or accessing it without authorization
• Importing or publishing charts or recordings that infringe a third party's rights
• Providing chart data supplied by the Service (including data that came through the Forum) to a third party, whether for a fee or free of charge, or publishing it on the internet. This includes the presence or absence of encryption, conversion of the file format, and reproduction by typing it in or by copying the screen
• Decrypting chart data, extracting it, or reusing it for a purpose outside the Service (backup, and use inside the Service, are excepted)
• Interfering with operation of the Service

Saving a screen for your own use, reporting a problem to us, and publishing part of a screen in order to introduce the Service are allowed, so long as they do not reproduce or redistribute the substance of a chart (a continuous chord progression, or a melody).

Hearing and volume (important)

The Service may return the sound of playing to headphones or earphones. Depending on the audio driver (ASIO and the like), a switch of output device, and how input and output are connected, a very loud sound may occur for a moment or continue. Take the headphones off, or lower the volume, before you switch. After a switch, the app may lower the accompaniment Gain and your return level. That does not extend to the interface's own volume, Direct Monitor, or microphone feedback. Effects on hearing, and damage to equipment, are your own responsibility.

For maintenance, failures, or compliance with the law, we may stop, change, or end all or part of the Service without prior notice.

6. Intellectual property

Rights in the Service, the included chart data, the name, and the screens belong to us or to the rightful owner. A paid-plan contract is a non-exclusive license for the period of use, and it is not a transfer of rights. Rights in charts and recordings you bring in remain with their rights holders. We do not warrant that material you bring in is lawful.

What you receive under the paid plan is limited, during the contract term, to displaying and playing charts through the Service on your own device. It does not include a right to distribute copies of the chart data (including encrypted files, a pack ZIP, and a record of the progression shown on the screen).

Charts you created yourself, or obtained lawfully and brought into the Service, may be handled within the permission of their rights holder. Charts provided by other users, on the Forum or elsewhere, must not be redistributed without permission from the provider or from us.

7. Disclaimer

We do not warrant that the Service will suit a particular purpose of yours, that it will run without interruption, that it is free of errors, or that it will sound as expected on every piece of equipment. Except in cases of our willful misconduct or gross negligence, we also do not warrant against effects on hearing from loud volume or feedback that come with switching or setting audio equipment. Except in cases of our willful misconduct or gross negligence, our liability for damages and our other monetary obligations follow the cap in Section 4.

8. Personal information

Personal information related to inquiries and to browsing the site is handled under the Privacy Policy.

9. Changes to these Terms

We may change these Terms. The changed Terms take effect when they are posted on our site. Use of the Service after posting is agreement to the changed Terms. Past text is kept together with a version number and a hash.

10. Governing law and jurisdiction

These Terms are governed by the laws of Japan. The Tokyo District Court is the exclusive agreed court of first instance for disputes concerning the Service.

11. Contact

For the seller, the address, and contact details, see the Specified Commercial Transactions page. Email can be sent to [email protected], or from Contact on the site.