General Terms and Conditions of Use (GTCU)

The following terms and conditions (the “Agreement”) govern the use of La Touche Musicale’s websites and Services, including but not limited to PianoConvert, GuitarConvert, BandConvert, SingConvert, PianoGo and all future Services provided by La Touche Musicale (including but not limited to those accessible via https://latouchemusicale.com, https://hub.latouchemusicale.com and their subdomains).

The Service is owned and operated by La Touche Musicale SAS, 32 boulevard du Port, 95000 CERGY, France.

The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, You agree to be bound by the Agreement. If You do not agree to all of the terms and conditions of this Agreement, please do not use the Service.

This Agreement is made between La Touche Musicale and You, or any legal entity You represent (“You”). If You are entering into this Agreement on behalf of another legal entity, You represent and warrant that You have the authority to bind such entity to this Agreement.

Objet

The Service enables any User to automatically transcribe into score or tablature the Content that You integrate directly into the Service, as well as to learn how to play the Content on your musical instrument, whether it is offered by default on the Service or imported by You onto this same Service. The Learning Service also provides access to an integrated library of songs, including royalty-free or licensed works acquired by La Touche Musicale.

The Service will then deliver a Deliverable to You.

Please note that the transcription is specific to the instrument or functionality of each Service:

PianoConvert : transcription of piano pieces into sheet music.

GuitarConvert : transcription of guitar tunes into tablature and sheet music.

BandConvert : multi-instrument transcription.

SingConvert : voice transcription and conversion to vocal/piano scores.

PianoGo : AI-based piano learning.

Before using the Service, You must accept these Terms and Conditions of Use.

Definition

By “Content” we mean any audio, video or MIDI file that You submit to the Service so that it can deliver the expected result to You. This Content may include, but is not limited to, links from the YouTube platform, or audio files such as MP3 or WAV files of songs that You own, or MIDI files that You own.

By “User” we mean any person or legal entity accessing the Service provided.

Fee” means any financial transaction that You pay to the Service.

By “Deliverables” we mean the digital file provided in PDF, MIDI, MusicXML and other formats resulting from the transcription of the Service.

By “Transcription Services” we mean all the digital tools, applications, platforms and services offered by La Touche Musicale that allow audio files, recordings or YouTube links to be transcribed into scores, tablatures, MIDI files, MusicXML files or any other type of file offered after transcription by La Touche Musicale’s algorithms.

By “Learning Service” we mean all the digital tools, applications, platforms and services offered by La Touche Musicale that enable the User to learn to play the notes, chords and any other musical elements of songs on his or her musical instrument, whether they are offered via the default catalog or imported by the User.

Access to the site and the Service

The site is accessible to all Users free of charge and anonymously. However, access to the site’s Service is reserved exclusively for Users who have registered an account.

All Users must have Internet access subscribed by any means with the provider of their choice and be at least 18 years of age. Users acknowledge that it is their responsibility to obtain the computer tools and Internet access necessary to use this site, and that they are personally responsible for any costs arising therefrom.

All IT resources used to access the site are the personal responsibility of the User, who is responsible for taking all measures and taking all necessary steps to ensure the security of his or her IT tools and the data stored on them, in particular with a view to avoiding any risk of contamination by viruses and any risk of intrusion by third parties.

La Touche Musicale implements the technical solutions at its disposal to allow continuous and optimal access to the site with a minimum availability rate of 90%. The User acknowledges, with regard to access to the site, that the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur, which may lead to temporary interruptions of the site. La Touche Musicale cannot be held responsible for such interruptions, although it undertakes to do its utmost to limit interruptions within its control. The User acknowledges and accepts that La Touche Musicale may freely, without compensation or notice, make all or part of the site temporarily unavailable, in order to carry out updates or improvements to the site, or to make changes to its servers or any other action required to ensure the proper functioning of the site.

Similarly, La Touche Musicale cannot be held responsible for any malfunctioning of the site resulting from problems with the User’s computer equipment or Internet connection.

Submitted content

You retain all rights to the Content You submit to the Service. You grant La Touche Musicale and its service providers the right to temporarily store and edit your Content as necessary to provide the Service to You. Submitted Content will be stored for a maximum of 30 days before being deleted from La Touche Musicale’s servers for the Transcription Service, and will be stored until deleted by the User for the Learning Service. MIDI files imported by the User to the Learning Service (PianoGo and other Learning Services) remain stored on the User’s personal space until deleted manually by the User. La Touche Musicale does not guarantee that these files will be kept indefinitely and reserves the right to delete inactive files after a prolonged period of disuse. The User may at any time request the deletion of his or her Content from La Touche Musicale’s Servers by contacting them by e-mail at contact@latouchemusicale.com.

La Touche Musicale is not responsible for the poor transcription of the Content if the latter does not comply with the qualities of the present Terms and Conditions or is not of good quality.

Content removal

Audio or MIDI files uploaded by a user belong to that user and are made available only to that user. All Deliverables displayed by La Touche Musicale are created automatically by La Touche Musicale’s transcription algorithm and may be corrected by users or professional music transcribers. No third-party Deliverables are displayed or used in any way by La Touche Musicale. Each Deliverable is created specifically for the user concerned. Copyright owners who do not wish transcriptions of their works to be displayed by La Touche Musicale may request the removal of individual songs or composers from the La Touche Musicale website and Services by sending an email to contact@latouchemusicale.com. However, the removal of songs should not be construed as an admission of liability on the part of La Touche Musicale.

Deliverables are hosted for a period of 30 days following transcription and will be deleted thereafter. MIDI files uploaded by the User to the Learning Service will be kept until they are deleted by the User from the Customer Area.

Transcription quality and learning effectiveness

All transcriptions made by La Touche Musicale are created automatically by La Touche Musicale’s transcription algorithms. Consequently, perfect transcription quality cannot be guaranteed, and quality may vary according to recording conditions (for example, but not exclusively, noise, reverberation, echo) and the complexity of the piece of music. La Touche Musicale designs digital tools for transcribing recordings of pieces containing various instruments according to the Service. The presence of additional instruments or voices not recommended in the recording leads to poorer results on certain Services.

The Learning Service is designed as a pedagogical tool to help the User learn to play the musical instrument of his/her choice, but does not guarantee any specific progress or learning result. The effectiveness of the service depends on the User’s personal involvement, regularity and starting level.

La Touche Musicale’s obligation is limited to the best of its ability. However, in the event of faulty transcriptions or lack of learning efficiency, you can help us to improve the algorithms or learning methods by contacting: contact@latouchemusicale.com.

YouTube API

La Touche Musicale uses Google’s YouTube API to enable You to search for covers on YouTube.

Therefore, by using our service, You agree to be bound by YouTube’s terms of use: https://www.youtube.com/t/terms

YouTube’s operating company is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Each time You visit one of our pages with a YouTube API client, a connection is established with YouTube’s servers.
This connection informs the YouTube server of the web pages you have visited.
If you are logged in to your YouTube account, YouTube may associate your browsing behavior directly with your personal profile.
You can prevent this by logging out of your YouTube account.
We use YouTube to present our online services in an attractive way.
This constitutes a legitimate interest in accordance with Article 6(1)(f) of the RGPD.
Further information on the processing of user data can be found in Google’s privacy policy, available at :
https://policies.google.com/privacy

Limits

You acknowledge and agree that La Touche Musicale imposes a limit on the size and number of requests that You may send to the Service. La Touche Musicale may change these limits at any time, at its sole discretion.

The size limit is clearly displayed before any use of the Service.

Payments

By using the Services, You agree to pay La Touche Musicale the price indicated. Payments will be debited immediately after purchase.

By purchasing a paid annual or monthly subscription, You agree to pay La Touche Musicale the fees applicable to Your use of the Service. Subscriptions will have either a flexible price or a fixed price.

  • For flexible price subscriptions, you will be billed monthly for the fees calculated for the previous calendar month;
  • For fixed-price subscriptions, You will be billed at the beginning of the subscription period. The subscription period will be one month, six (6) months or one year depending on your subscription.

You authorize La Touche Musicale to collect the Fees using any payment method we have registered for You. We may increase the Fees or add new Fees upon prior notice to You.

Prices are quoted in US dollars (USD) or euros (EUR) and include sales tax (VAT) where applicable. Invoiced prices are equal to the prices shown, regardless of the amount of sales tax payable. Payments are non-refundable.

Renewals

Subscriptions are renewed automatically at the end of the subscription period. Renewals will be based on the prices indicated at the time of renewal. You may cancel automatic renewal at any time. Your account will then be downgraded to free service at the end of the current subscription period. For annual subscriptions, we endeavor to inform customers of upcoming renewals by e-mail.

Refund policy

At La Touche Musicale, we strive to provide a quality Service to our users. However, we understand that there may be situations where a refund is requested. Here are the specific conditions governing the refund policy for our subscriptions:

  • Use of Transcription Credits: To be eligible for a refund, you must not have used any transcription credits obtained as part of your subscription. Transcription credits enable you to transcribe entire songs via our Service and download the corresponding files (PDF, MIDI, MusicXML) to all your devices. The use of these credits, demonstrated by the downloading of transcribed content, indicates that you have benefited from the services offered by the Service. In the event of use of these credits, La Touche Musicale reserves the right to refuse any refund of your subscription.
  • Song Usage Criteria: To qualify for a refund, you must not have accessed more than two (2) premium songs on the Learning Service (PianoGo and other Learning Services provided by La Touche Musicale). By “premium songs” we mean songs that can only be accessed by taking out a paid subscription on the Service. Access to these songs is defined by clicking on the “Learn” button that appears on each song, enabling the use of its notes and chords as well as advanced pedagogical features. These songs, protected by copyright in accordance with articles L111-1 et seq. of the French Intellectual Property Code, are reserved exclusively for our Premium members. Use beyond the set limit is considered as actual use of the service, thus limiting the right to reimbursement.
  • Withdrawal Period: You have the right to request a full refund of your subscription to the Service within 14 days of the date of purchase, provided that the preceding points (Use of Transcription Credits and Song Usage Criteria) are also met. This period is considered to be Your legal withdrawal period. After this period, Your right of withdrawal expires and no refund will be possible.
  • Exceptions and Special Cases: All requests for refunds exceeding the above conditions will be examined on a case-by-case basis. La Touche Musicale reserves the right to accept or refuse such requests based on the specific circumstances of each case.
  • Refund Request Procedure: To request a refund, please contact our customer service department by email via contact@latouchemusicale.com. Your request must include your name, subscription details and the reason for your refund request. All refund requests must be submitted in accordance with our Terms and Conditions.
  • Refund Processing Time: Once your refund request has been received and approved, La Touche Musicale will process the refund within 14 business days. The refund will be processed within 5 to 10 business days following the refund confirmation email that You will receive. The refund will be made using the same method of payment as that used at the time of purchase, unless otherwise agreed.

We reserve the right to change this refund policy at any time. All changes will be effective immediately upon posting on our website.

Property

By subscribing to the Service, La Touche Musicale grants you a non-exclusive, non-transferable and non-sublicensable right to use the Service for the duration of your subscription.

Such use must comply with these General Terms and Conditions.

Intellectual property

La Touche Musicale respects the intellectual property rights of others. La Touche Musicale asks you to respect the intellectual property rights of La Touche Musicale and all the Services it offers. All right, title and interest in and to such property shall remain the exclusive property of La Touche Musicale.

Under no circumstances does La Touche Musicale grant You a license to use its intellectual property rights.

Liability

La Touche Musicale provides the Service for private use only. The Service may not be used for commercial purposes.

Any commercial use of the Deliverables generated by La Touche Musicale services is prohibited without express authorization. This includes the sale, distribution in any form whatsoever or reproduction of scores, tablatures, MusicXML files, MIDI files or any other type of files obtained via PianoConvert, GuitarConvert, BandConvert, SingConvert and all other Transcription Services offered by La Touche Musicale. Likewise, the use of the pieces accessible on the Learning Services must remain strictly personal. In the event of non-compliance, La Touche Musicale cannot be held responsible and reserves the right to suspend or permanently delete the User’s account.

Therefore, You represent and warrant that

  • your use of the Service does not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks or trade secrets, of any third party. Specifically, you use the Service only to transcribe your own Content or for reproduction for private use;
  • Otherwise, You certify that You have the legal authorization to transcribe and/or modify the Content that You submit by using the Service from the right holder for the purpose of private use. In the absence of such authorization, You may not use the Service;
  • the Content You submit does not contain or install viruses, worms, malware, Trojan horses or other harmful or destructive elements;
  • You will not use the Service in any manner that could cause it to become disabled, damaged or overloaded;
  • your use of the Service will be in strict accordance with this agreement and all applicable laws and regulations (including, without limitation, any local laws or regulations of your country, state, city or other governmental area).

La Touche Musicale, in its sole discretion, has the right (but not the obligation) to refuse or remove Content, terminate a subscription, or refuse or restrict access to or use of the Service to any person or entity for violation of the terms of this Agreement.

You warrant La Touche Musicale against any use that is not in accordance with the Agreement. La Touche Musicale reserves the right to seek compensation from You for any misuse of the Service.

Privacy policy

For any processing of personal data, please refer to La Touche Musicale’s privacy policy: https://latouchemusicale.com/en/legal/privacy-policy/

Warranty exclusions

The Service is provided “as is”. La Touche Musicale and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither La Touche Musicale nor its suppliers and licensors, makes any warranty that the service will be error free or that access thereto will be continuous or uninterrupted. You understand that any Content or Services downloaded or otherwise obtained through the Service is done at your own discretion and risk.

Limitation of liability

In no event shall La Touche Musicale, or its suppliers or licensors, be liable under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amount in excess of the fees paid by You to PianoConvert under this Agreement during the twelve (12) month period prior to the cause of action. La Touche Musicale shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Compensation

You agree to indemnify and hold harmless La Touche Musicale, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, resulting from your use of the Service, including but not limited to your violation of this Agreement.

Changes

La Touche Musicale reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of such changes. This Agreement may only be modified by a written amendment signed by an authorized officer of La Touche Musicale, or by the publication by La Touche Musicale of a revised version.

Applicable law and jurisdiction

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service shall be governed by the laws of the State of France, excluding its conflict of law provisions, and the courts located in Cergy, France, shall be the appropriate venue for any dispute arising out of or relating to these provisions. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the original intent of the parties, and the remaining parts will remain in full force and effect.

Entire agreement

This Agreement constitutes the entire agreement between La Touche Musicale and You concerning the subject matter of this Agreement.