These Terms and Conditions ("Terms", "Terms and Conditions", “Agreement”), are a binding agreement between Symphonia SAS, a French corporation (société par actions simplifiée), 18-20 rue Tronchet, 69006 Lyon, France, (“Symphonia”, "Us", "We", or "Our"), and User (“You”, “Your”) using Symphonia mobile application (the "App").
Symphonia and User may be individually referred to as a “Party” or collectively as the “Parties.”
Please read these Terms and Conditions carefully before using Our Symphonia mobile application (the "App"). By downloading and/or using the App You agree to fully comply with these Terms, which are legally binding to You. If You do not agree to the Terms, You must not download and/or stop using the App. These Terms apply to all visitors, users and others who access or use the App.
No-one under 13 is allowed to create an account or use the App.
Symphonia allows You to compose and record music creations. More specifically, Symphonia is an AI-powered app that automatically detects what You sing through Your device’s internal microphone, and transforms it into MIDI notes that You can edit.
At any step toward creating Your music creations, You may post, link, store, share and otherwise make available Your music creations. You are also allowed to export and distribute Your music creations in MIDI format or any other audio format, including WAV and MP3, through any channel, provided that Your actions do not infringe Our or any third party’s intellectual property right.
Bear in mind that You are solely and fully responsible for all Your music creations, from Your very first initial musical idea to the finalized project, and to the extent permitted by law, We exclude all liability, especially liability for copyright infringement, regarding Your music creations, and regarding what other users may do with Your music creations.
Additionally, You are solely and fully responsible for any content that You post to the App, including its legality, reliability, and appropriateness.
You retain any and all of Your rights, including Your ownership rights, to any music creations You may decide to post or display on or through the App, or through other channels, and You are responsible for protecting those rights.
By creating Content through the App, You grant Us the irrevocable, perpetual, and worldwide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute Your music creations on and through the App.
You agree that this license includes (i) the right for Us to make Your music creations available to other users of the App, and (ii) the right for Us to use Your music creations for the purposes of data analytics, operation of the App and improvement of Our technology.
Your music creations are non-confidential and non-proprietary, and We exclude all liability if they are leaked unintentionally.
You represent and warrant that: (i) Your music creations or any sound files imported by You to the App are exclusively Yours (You own them) or You have the right to reproduce and use them, and grant Us the rights and license as provided in these Terms, and (ii) the posting or sharing of Your music creations on or through the App, or through any other channel, does not violate applicable law, privacy rights, publicity rights, copyrights, intellectual property rights contract rights or any other rights of any person.
You agree to fully indemnify Us in case We suffer any damage resulting from Your breach of this clause.
All Your music creations are stored on Your device. However, You may decide to share them with anybody, in which case they will be store on Our servers, and accessible through a shareable link.
Once on Our servers, We reserve the right to delete Your music creations at any time without notice to You.
Symphonia does not provide any back-up service. You acknowledge that We exclude all liability if You lose Your music creations.
By using the App, You agree that You are NOT allowed to do each of the following (or enable anyone else to do) :
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our App.
You are responsible for safeguarding the password that You use to access the App and for any activities or actions under Your password, whether Your password is with Our App or a third-party service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Symphonia subscriptions are charged monthly or annually to Your iTunes Account. Subscriptions will then auto-renew every month or year unless turned off at least 24 hours before the end of the current period. To stop auto-renewal, visit Account Settings in iTunes after purchase. Any unused portion of a free trial, if offered, will be forfeited when You purchase a subscription, if applicable.
Our App may contain links to third-party web sites or services that are not owned or controlled by Symphonia.
Symphonia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Symphonia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The App and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Symphonia. The App is protected by copyright, trademark, and other laws of both France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Symphonia.
In no event shall Symphonia nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, exemplary, reputational or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The total cumulative liability of the Parties under this Agreement will not exceed the amounts paid or payable under this agreement during the previous six (6) months. Limitations under this section (direct damages) will not apply to: i) User payment obligations; ii) either Party’s liability for infringement of the other Party’s IP rights; iii) either Party’s liability resulting from gross negligence, fraud, or willful or criminal misconduct; or iv) User’s liability resulting from use of the App in breach of these Terms and Conditions. Nothing in this Agreement shall limit or exclude any liability which may not be restricted, limited or excluded pursuant to applicable law.
Symphonia will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including, but not limited to failure of public or private telecommunications networks.
The limitations of liability contained in this Section (Limitation of Liability) will survive termination or expiration of this Agreement and apply in any and all circumstances (except as expressly set forth above), including without limitation in the event of any failure of the essential purpose of any limited warranty or available remedy provided herein.
Your use of the App is at Your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Symphonia does not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; d) the results of using the App will meet Your requirements, and e) You will be provided neither maintenance nor support service.
We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.
Upon termination, Your right to use the App will immediately cease. If You wish to terminate Your account, You may simply discontinue using the App.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
In case of a transfer of Our rights and obligations under these Terms to another organization, none of Your Rights or Obligations under these Terms will be affected.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire Agreement between Us regarding Our App, and supersede and replace any prior agreements We might have between Us regarding the App.
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our App after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the App.
If You have any questions about these Terms, please contact Us at : [email protected].
SYMPHONIA - 18, rue Tronchet 69006 Lyon, FRANCE - Société par Actions Simplifiée 849620406 RCS Lyon