PianoConvert - Terms and conditions of use

The following terms and conditions (the “Agreement”) govern your use of the PianoConvert website (including https://pianoconvert.latouchemusicale.com and others) and all content and services available on or through the websites (collectively, the “Service”). 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 PianoConvert 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.

Object

The Service enables any User to automatically transcribe into a score the Content that You integrate directly into the Service. The Service will then deliver a Deliverable to You.
Please note that transcription only works for piano scores.
Before using the Service, You must accept the present Terms of Use.

Definition

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

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 own responsibility to obtain the IT 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.

PianoConvert implements the technical solutions at its disposal to allow continuous and optimal access to the site with a minimum availability rate of 90%. With regard to access to the site, the User acknowledges 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. PianoConvert 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 PianoConvert may freely, without compensation or prior 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.

Likewise, PianoConvert cannot be held responsible in the event of malfunctions on 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 PianoConvert and its service providers the right to temporarily store and edit your Content to the extent necessary to provide the Service to You. Submitted Content will be stored for a maximum of 30 days before being deleted from PianoConvert’s servers.

PianoConvet is not responsible for the incorrect transcription of the Content if it does not comply with the qualities of these General Terms and Conditions or is not of good quality. 

Content removal

Audio files uploaded by users belong to them and are made available to them only. All Deliverables displayed by PianoConvert are created automatically by PianoConvert’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 PianoConvert. Each Deliverable is created specifically for the user concerned. Copyright owners who do not wish transcriptions of their works to be displayed by PianoConvert may request the removal of individual songs or composers from the PianoConvert website by sending an e-mail to contact@latouchemusicale.com. However, the removal of songs and composers should not be considered as an acknowledgement of responsibility on the part of PianoConvert.

Deliverables are hosted for 30 days after transcription and will be deleted thereafter. 

Transcription quality

All PianoConvert transcriptions are created automatically by the PianoConvert transcription algorithm. Consequently, perfect transcription quality cannot be guaranteed, and quality may vary depending on recording conditions (e.g., but not exclusively, noise, reverberation, echo) and the complexity of the piece of music. PianoConvert is designed to transcribe recordings of solo piano pieces. The presence of additional instruments or voices in the recording leads to poorer results.

PianoConvert’s obligation is limited to the best of its ability. However, in the event of defective transcriptions, you can help us improve the algorithm by contacting: contact@latouchemusicale.com

YouTube API

PianoConvert uses Google’s YouTube API to enable You to search for covers on YouTube.
Therefore, by using our service, You agree to also be bound by YouTube’s terms of use: https://www.youtube.com/t/terms

The operating company of YouTube 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 GDPR.
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 PianoConvert imposes a limit on the size and number of requests that You may send to the Service. PianoConvert 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 PianoConvert the price indicated. Payments will be debited immediately after purchase.

By purchasing a paid annual or monthly subscription, You agree to pay PianoConvert 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 or one year, depending on your subscription.

You authorize PianoConvert 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 post.

Refund policy

At PianoConvert, we strive to provide 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 tracks 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, PianoConvert reserves the right to refuse any refund of your subscription.
• 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 point (Use of Transcription Credits) is also complied with. This period is considered to be Your statutory cooling-off period. After this period, Your right of withdrawal expires and no refund will be possible.
• Exceptions and Special Cases: Any request for reimbursement exceeding the above conditions will be examined on a case-by-case basis. PianoConvert 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, PianoConvert will process the refund within 14 business days. The refund will be effective 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 publication on our website.

Property

By subscribing to the Service, PianoConvert grants You a non-exclusive, non-transferable and non-sublicensable right, for the duration of your subscription, to use the Service.

Such use must comply with these General Terms and Conditions.

Intellectual property

PianoConvert respects the intellectual property rights of others. PianoConvert asks You to respect PianoConvert’s intellectual property rights. All right, title and interest in and to such property shall remain the exclusive property of PianoConvert.

Under no circumstances does PianoConvert grant You a license to use its intellectual property rights. 

Liability

PianoConvert provides the Service for private use only. The Service may not be used for commercial purposes. 

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 YouTube 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).

PianoConvert, in its sole discretion, has the right (but not the obligation) to refuse or remove Content, to terminate a subscription and to refuse or restrict access to the use of the Service to any person or entity in the event of a breach of the terms of this Agreement.

You warrant PianoConvert against any use that is not in accordance with the Agreement. PianoConvert reserves the right to claim compensation from You for any misuse of the Service.

Privacy policy

For any processing relating to personal data, You may refer to PianoConvert’s privacy policy: https://latouchemusicale.com/en/piano-convert/piano-convert-privacy-policy/

Warranty exclusions

The Service is provided “as is”. PianoConvert 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 PianoConvert 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 Your downloading or otherwise obtaining of content or services through the service is at Your own discretion and risk.

Limitation of liability

In no event shall PianoConvert, or its suppliers or licensors, be liable with respect to the subject matter hereof 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. PianoConvert shall not be liable for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Compensation

You agree to indemnify and hold harmless PianoConvert, 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

PianoConvert reserves the right to modify or replace any part of this Agreement at any time. 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 PianoConvert, or by the publication by PianoConvert 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 contract constitutes the entire agreement between PianoConvert and You concerning the subject matter of this contractV