FallingTerms of use — Pluckwise - Guitar Tuner
These Terms and Conditions govern the use of the app "Pluckwise" (the "App"), a paid guitar tuner for Android and Windows provided by FallingBit (the "Developer") through Google Play and the Microsoft Store. By downloading or using the App you accept these Terms. If you do not accept them, do not use the App.
1. Who we are
FallingBit di Felice D'Andrea
Via De Falco 4, 81100 Caserta (CE), Italy
VAT no. IT04381570615
Email: info@fallingbit.it
2. Age requirements
The App is not intended for children under 14. If you are under 18, you confirm that you use the App with the consent and under the supervision of a parent or guardian who has read and accepted these Terms.
3. Licence
The Developer grants you a personal, limited, non-exclusive, non-transferable and revocable licence to install and use the App on your device to tune your musical instruments, including during lessons, rehearsals and concerts. You may not copy, distribute, modify, create derivative works from, decompile, disassemble or reverse engineer the App, or attempt to extract its source code, except to the extent that applicable law expressly permits it and cannot be waived.
4. Intellectual property
The App, including code, graphics, names, trademarks and logos, is protected by copyright and intellectual property laws and remains the property of the Developer or its licensors. These Terms grant you no rights other than the licence described above. You may not remove or alter any copyright or trademark notices in the App.
5. Acceptable use
You agree to use the App lawfully and not to circumvent its technical measures or interfere with its operation. The App has no accounts, profiles, chat or other features where users publish content.
6. Microphone and accuracy
The App uses the device microphone to detect notes, as described in the Privacy Policy: sound is never recorded or sent. The accuracy of the reading also depends on the device microphone, background noise and the instrument. The App is a tuning aid: for professional uses that require certified accuracy, use dedicated measuring instruments.
When tightening strings, take care not to go beyond the indicated tuning: an over-tightened string can break. The Developer is not liable for broken strings or damage to the instrument caused by careless use.
7. Device and offline use
The App works without an internet connection. On Windows it requires the Microsoft Edge WebView2 component, already included in Windows 11 and in updated versions of Windows 10. On Android it is designed for unmodified devices: the Developer advises against rooting the device, which can compromise its security and the correct operation of the App. The security of your device and of the data stored on it is your responsibility.
The App's settings are stored only on your device. They may be lost if you uninstall the App, clear its data or change device, and the Developer keeps no copy of them.
8. Price, purchase and refunds
The App is paid: the price is the one shown in the store listing at the time of purchase, with a single payment and no subscriptions, ads or in-app purchases. Purchase, payment, downloads and updates are handled by Google Play for the Android version and by the Microsoft Store for the Windows version, under their own terms: Google Play Terms of Service and Microsoft Store terms.
A purchase applies to the account and store it was made with: the Android and Windows versions are bought separately. Refund requests are made to the store, under its rules. As digital content supplied immediately after purchase, the right of withdrawal may be lost once the download starts with your consent, where provided by consumer law; your statutory consumer rights, including the legal guarantee of conformity, are not affected.
9. Updates, changes and discontinuation
The Developer may update, change or discontinue the App or some of its features, including by introducing new features: any additional cost will be clearly stated before any charge, and these Terms and the Privacy Policy will be updated. Updates to the purchased version are free. The App may not be compatible with all versions of the operating system. We recommend installing updates: otherwise the App may not work correctly.
10. Suspension and termination
In the event of a material breach of these Terms, the Developer may revoke your licence. If the breach can be remedied, you will be given 14 days from notice to remedy it. In the event of serious breaches (for example infringement of intellectual property rights or unlawful activities) the licence may be revoked immediately. On termination you must uninstall the App.
11. Warranties and liability
The App is provided "as is", to the extent permitted by law. The Developer does not guarantee that it is error-free or available without interruption.
To the extent permitted by law, the Developer is not liable for indirect or consequential damages (for example loss of data or earnings). Nothing in these Terms excludes or limits the Developer's liability for wilful misconduct or gross negligence, for death or personal injury, or the rights that the law, and in particular the Italian Consumer Code (Legislative Decree 206/2005) and the rules on digital content, grant to consumers and that cannot be waived.
12. Governing law and jurisdiction
These Terms are governed by Italian law. If you are a consumer, the mandatory consumer protection rules of your country of residence continue to apply, as does your right, where provided by law, to bring proceedings in the courts of your place of residence. For any other dispute, the courts of Santa Maria Capua Vetere (Italy) have jurisdiction, unless mandatory law provides otherwise.
13. Severability and entire agreement
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the use of the App.
14. Changes to these Terms
The Developer may update these Terms, for example because of changes to the App or to the law. The updated version will be published at this address with the new date. If you continue to use the App after publication, the changes apply from that moment, without prejudice to your statutory rights. Previous versions are available on request.
15. Contact
For questions about these Terms: info@fallingbit.it. For help with the App: supporto@fallingbit.it.