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I. Scope of Application
- These Terms of Services (“Terms”) apply without any restriction through any type of usage (free with or without an account; paid subscriptions) to every Omnitune services (together: “Services”) including:
- Project delivery with
- file sharing and audio playback
- Review and feedback through timestamp comment system
- Invoicing through a third party integration
- Profile and portfolio/demo reel creation
- Live audio track comparison
- Audio voice transcription
- Several more features already available or to come
As they are offered to you by the provider Omnitune and accessible from the website omnitune.com and any of its subdomains.
Omnitune is still brand new and in beta. Please let us know about any imperfection and/or issue you may stumble upon with the Services so that we can continuously improve them. You can always contact us by sending an email to email@example.com
The Services from omnitune.com are provided to you by the company:
5000€ Capital Stock
Registered at “RCS de Paris 8e Arrondissement”
Address: 128 rue de la Boétie, 75008 Paris, France
- The Services allow you to upload, download, store, share, send, preview, play, review, compare, modify, analyze, annotate, your audio, text, media, data, metadata, images and any other content (together: “Content”). Omnitune will never claim ownership of your Content and you remain responsible, liable and retain all rights for your Content.
- Omnitune stores every file, data (personal or not), Content, asset... in servers located in the European Union.
- These Terms of Services are available at any time on omnitune.com. They will prevail on any other document and supplant any other oral and written quotations, terms, agreements, announcements from Omnitune or between you and Omnitune. In order to use Omnitune Services you must declare you carefully read these Terms and accept them on omnitune.com. Unless otherwise stated, saved data from omnitune.com constitute proof for any transaction done with you. If you are using the Services on the behalf of an organization, you must accept these Terms on their behalf and have the authority to do so.
- These Terms may be updated from time to time and the updated Terms will become effective once they are posted on the website. In order to use the Services once again, you must accept the updated Terms. You will be made aware of these changes before using the Services or by message to you contact details you provided to us. If you do not accept the updated Terms, you can cancel your subscription.
- If you are under the age of 18, we ask you to not use our Services unless you have a parental authorization.
- Omnitune and the Services may rely on third party applications for which you will be made aware of either in these terms or when using the Services. These third parties may also apply their own terms and conditions, privacy and cookie policies in addition to these Terms for which Omnitune is not responsible.
- For any complaint concerning sales and purchases, please contact us by email to firstname.lastname@example.org. You are made aware that you can also resort to using the Online Dispute Resolution (ODL): https://ec.europa.eu/consumers/odr/main/ Any dispute concerning purchases and sales concluded by respecting these Terms with no out-of-court settlement nor any outside mediation such as the ODL will be relayed to a competent tribunal under the conditions of ordinary law.
- For any complaint or notice concerning unlawful Content being stored or shared through or Services, please contact us by email to email@example.com. You can send us the link to the unlawful Content and a description of the issue.
- If you discover or are made aware of any vulnerability or dangerous issue in the Services, please contact us by email to firstname.lastname@example.org.
II. Service Details
- Project Delivery
- The Project Delivery service allows you to upload several files into a project and share the project by either providing us with a list of email addresses to share to or by sharing the generated Project Link to whomever you want yourself.
- Anyone with your Project Link can play or download your content even without an account.
- Anyone with your Project Link can leave a comment even without an account. Comments can be timestamped which means they are linked to a certain time of the content. Omnitune will not control who comments or what is commented.
- Project Delivery allows you to share Content up to a certain storage size for each file and for the entire project. The Content will then be available for a certain amount of time before it expires. Once it expires, the Content will be deleted from our storage and will not be retrievable. The file and project size as well as the duration before expiry depends on your subscription (including a free plan with our basic features) for which the details can be found here.
TODO: add link
- Omnitune does not provide a feature to search, retrieve, list, catalogue content or a bulk of content. The only way to access content through our Services is to have a Project Link.
- Your Content is your own and your own responsibility. Omnitune will not control who gets access, listens, downloads, pays for or comments your Content and anyone you share your Project Link with may be able to share it once again.
- If you use Project Delivery without an account
- Once a project expires, any Project Link will be deleted as well as its content and comments.
- You are responsible for storing your Project Link and Omnitune will not assist you to retrieve it if you no longer have it.
- If you use Project Delivery with an account on our free version
- Once a project expires, the content will be deleted preventing anyone from listening or downloading it. the Project Link and the comments will still be available for a couple months after which Omnitune reserves to right to delete the Project Link and the comments.
- As long as they are available, Project Links are stored in your Project List from which you can delete your projects entirely or prevent its content from being downloaded.
- If you use Project Delivery with a paid subscription
- Once a project expires, the content will be deleted preventing anyone from listening or downloading it. the Project Link and the comments will still be available for 6 months after which Omnitune reserves to right to delete the Project Link and the comments.
- As long as they are available, Project Links are stored in your Project List from which you can delete your projects entirely or prevent its content from being downloaded.
- You can lock a Project Link behind a password you set up. Beware that anyone with the password might share it.
- You can activate the Invoicing Option that lets users pay to download your content. Invoicing Option will be integrated with Stripe Payment or Paypal Integration for which you need a separate account set up.
- Note that while Omnitune can deter anyone from downloading the file maliciously, since the Content can be listened to, Omnitune can never fully guarantee that users cannot bypass our protection measures and find a way to acquire it without paying. Omnitune is invested in this issue and is looking into adding several additional deterring measures such as digital watermarking and DRM features. If you have any requirements or request concerning this matter, please contact us by email to email@example.com.
- Omnitune is not a storage/backup service and should not be used as such. The main purpose of Omnitune is file sharing and delivery as well as Content feedback and analysis. Please make sure that your content is kept or stored securely somewhere else as Omnitune cannot be held responsible for any loss or accidental deletion of Content stored on our servers.
- If you downgrade your subscription, the expiry rules of your new subscription will apply.
- If you cancel your paid subscription, you will automatically be downgraded to the free version.
- The Portfolio Service (which is not online yet) will enable you to showcase your profil and your audio work and share it to anyone. All the details and features will be given in the future.
III. Accounts and Sign Up
- You can only create an account if you accept these Terms. You need to provide an email address that will be used to connect and for us to contact you if needed.
- While you can use some of the Services without an account, most of the features require an account.
- You can change your account information in the settings page once you are connected.
- You can delete your account at anytime in the settings. Be careful, all your projects and account information will then be deleted and unrecoverable.
- Subscriptions are provided at the price points specified on omnitune.com at the time the order is being registered.
- Prices are indicated in Euros (€), Pounds (£) or US Dollars ($).
- Payments to Omnitune are enabled using Stripe services which means Stripe Terms may also apply
TODO: Stripe details here
- Beware that the issuer of the payment method you choose may apply additional fees.
- You can change your payment method in your account settings. If you have any issue, please contact us by email to firstname.lastname@example.org.
- If your payment was not successful you will be notified of the situation and your Subscription may be automatically downgraded to the free version. Beware that a downgrade to the free version may result in loss of access to certain features and your Content. You can reactivate your subscription at any time by updating your payment method in your settings. Your subscription will then restart when your subscription is successful.
- Prices for our subscriptions may be subject to change from time to time. You will always be notified of these price changes beforehand. The new price will only apply to you on your subscription term renewal (monthly or yearly depending on your prior choice). If you to not accept the price change, you can cancel your subscription and the Services will be available to you until the end of your current subscription term after which you will be downgraded to the free version. If you continue using the Services after the new prices are applied, you will retain your subscription and the new price will apply on your subscription term renewal.
- An invoice will be available for any payment done to Omnitune.
V. Subscription Terms and Cancellation
- When you select a paid subscription, you may opt for either a monthly payment or a yearly payment which will determine your subscription term. After either connecting or creating an account and accepting these Terms, your subscription term will start once your payment is successful.
- You may change your subscription term in your settings, it will take effect automatically at the start of the next term.
- Your subscription will renew automatically to the same term at the end of your current term. In order for your subscription not to renew, you must cancel it at least one (1) day before the end of your current term. If you cancel your subscription, the Services will be available to you until the end of your current subscription term after which you will be downgraded to the free version.
- Unless mandatory consumer laws state otherwize, you have 14 days to cancel your newly acquired subscription as long as you have not started using our Services. As soon as you start using our Services, you waive your right to cancel the subscription. Omnitune offers at least 14 days of free trial for you to test our Services before you decide to commit to any subscription.
- Canceling your subscription does not entitle you in a reimbursement of the entirety or a part of the current subscription term fee unless a local mandatory consumer law compels us.
TODO: L 215-1
- If your subscription has been renewed for a term longer than three (3) months, you may still cancel your subscription for the current term up to one (1) month after it started and may be reimbursed the entirety of the price minus the price of one (1) month of subscription. In that case, the Services will still be available until the end of this current subscription month after which you will be downgraded to the free version.
VI. Content Rights, Property and Responsibility
- Omnitune will never claim any rights or ownership for any of your Content however and wherever you act with our Services. This also means that you are the sole responsible of how you handle, share, edit describe your Content with our Services. Omnitune will not control who gets access, listens, downloads, pays for or comments your Content and anyone you share your Content with may be able to share it once again. Omnitune cannot be held accountable for any claims, damages, losses, expenses, costs or liabilities relating to any action or interaction with the Content to you or any third party also including any copyright or trademark infringement.
- By using our Services, you guarantee that you have all the necessary rights and permission to upload, share, distribute, sell, license, or simply make the Content available online.
- You agree not to upload any Content that might be illegal, confidential, personal, sexist, offensive, hateful, discriminatory, defamatory, promotes racism, promotes violence or anything else that can be considered inappropriate.
- Omnitune stores all its user content using AWS: an on-demand cloud computing platform of which all the data and servers are located in the European Union. Click here for AWS Terms
- By using our Services you grant Omnitune an unlimited, worldwide, royalty free license to publish, distribute, share, host, store, analyze, scan, modify your Content. These conditions are necessary for the Services to work properly. Note that Omnitune will never sell or advertise your Content used in the Services.
- Omnitune reserves the right to delete without any prior notice any Content that might not respect these terms.
- Omnitune may display ads, sponsored content and selected artists content when you are using the Services.
- See our "Cookies, Privacy and Personal Information" for more information concerning the use of your data.
VII. User Interactions and Limitations
- Omnitune Services include the possibility for users to leave written comments, descriptions, profile information, reviews, feedback, suggestions and more text-based content (together: "Posts"). In general, please stay civil and respectful of the other users.
- By using the Services you agree that your Posts will not contain anything illegal, confidential, personal, sexist, offensive, hateful, discriminatory, defamatory, promoting racism, promoting violence or anything else that can be considered inappropriate.
- By using the Services you agree that you will not claim the identity of another person, fake an identity or falsely stating you are affiliated with a person or an entity through your Posts.
- By using the Services you agree that your Posts will not contain any promotion material, advertisement, URLs, email adresses, social media profiles.
- Omnitune reserves the right to delete without any prior notice any Post that might not respect these terms.
- When using the Services, you also agree not to
- Use the Services for any illegal activity
- Data mine, extract, collect user information and content from the Services
- Use the Services to send viruses, spam, junk email, unsolicited emails, phishing, scams, threats, blackmail, promotions, advertisements or any other malicious content for any reason
- Purposely overload, disrupt, hack, bypass security, damage the Services or attempt any of these.
- Automated actions on our Services without our authorization
- Reverse engineer, extract, attempt to access the code the Services partially or entirely
- Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights or commercialize the Services without or authorization.
- share your account or your login credentials with anyone.
- By using the Services, you certify that you are not the target of any financial or economic sanctions from the United Nations, the European Union or the U.S. Government. You also certify you are not located in any country or territory which is targeted by economic sanctions from the United Nations, the European Union or the U.S. Government. You may not use the Services as long as applicable laws from the United Nations, the European Union or the U.S. Government prohibit you to do so.
VIII. Privacy, Personal Information and Cookies
- Account creation requires you to share your email address, create a password and/or share payment information. In order for the Services to function properly, you must make sure of the exactitude of the information provided and keep them updated in case they change. Your email address will be used by Omnitune to contact you and send you critical information and notifications for which Omnitune cannot be held liable for if they are not attended to in time. You are sole responsible for your account and account activity. You should not share your account password and make sure it cannot be acquired or discovered by anyone but yourself. Omnitune creates and manages accounts and profiles using AWS: an on-demand cloud computing platform of which all the data and servers are located in the European Union. Click here for AWS Terms
- PostHog: an open source web analytics tool we selected to ensure we can always respect your privacy according to GDPR Click here for PostHog Terms
- Hubspot: a Customer Relation Platform we use for any direct contact we might have with our users (i.e. our chatbot) for marketing, sales and customer service Click here for HubSpot Terms
IX. Terms of Services Violation
- Omnitune reserves the right to temporarily or permanently restrict access the Services, delete any Content, Posts or account without any prior notice nor any liability if Omnitune establishes that these Terms have not been respected at its own discretion. Omnitune will not be liable for any loss or damage following the violation of these Terms.