Terms of Service
Version applicable since December 1, 2023
The Contract is concluded between you ("You") and Antescofo, a simplified joint-stock company with its registered office at 38 rue Meslay, 75003 Paris, registered in the Paris Trade and Companies Register under number 821 738 515 (hereinafter "Antescofo" "We") (together the "Parties").
It governs your use of the metronautapp.com website (the "Site") and the Metronaut mobile application (the "Application"), including the Application's social network (the "Metronaut Community").
The Contract governs all content or service accessible via the Application as well as updates provided by Antescofo.
1. APPLICATION FEATURES
The Application is described in the FAQ of the "Help" tab of your account, accessible in the Application and on the metronautapp.com website.
It is accessible via the Internet or mobile network (24 hours a day, 7 days a week), except in cases of force majeure, events beyond the control of Antescofo and/or the host of the Application, poor internet and/or mobile connection, possible outages, or maintenance interventions necessary to ensure the proper functioning of the Application. These do not give rise to any compensation.
THE APPLICATION IS COMPATIBLE WITH DEVICES RUNNING ON iOS OR ANDROID FOR ITS MOBILE VERSION. ITS WEB VERSION IS COMPATIBLE WITH MAC OS OR WINDOWS.
The Application may not be available in all languages or in all countries.
A support service is available at firstname.lastname@example.org and from the Application ("report a problem" via the "tools" menu of a score or "contact us" from your account).
2. INFORMATION AND CONSENT
You agree to executing the Contract electronically by creating your account on the Application.
A copy of the Contract is kept and accessible in your personal account. You are invited to download and save it.
If you do not accept the Contract, you cannot create your account nor use the Application.
YOU AGREE THAT THE CONTRACT SHALL ENTER INTO FORCE BEFORE THE EXPIRATION OF THE FRENCH LEGAL 14 DAY WITHDRAWAL PERIOD. THEREFORE, YOU EXPRESSLY WAIVE YOUR RIGHT TO WITHDRAWAL FROM YOUR SUBSCRIPTION.
3. MODIFICATION OF THE CONTRACT
Antescofo reserves the right to modify the Contract at any time. We will communicate the modifications to you one month before they come into effect, by email to the address you provided during your registration or by notification in the Application. You may refuse the proposed modifications and notify your refusal to Antescofo at the following address: email@example.com or by clicking, to the extent such a feature is available, on a “Refusal” button on the Application notice. If you do not, you will be deemed to have accepted them. If you refuse the modifications, your subscription will be terminated without charge, effective at the end of the current subscription period (annual or monthly).
4. LICENSE TO USE AND RESTRICTIONS
- End-User License
Antescofo grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, run, display, and use the Application and the Community on your smartphone for its mobile version, and on any computer that you own or control for its web version.
Furthermore, the Application may be used by other accounts associated with you, via family sharing (in compliance with the contractual conditions of your application store (notably Apple Inc. or Google Play as applicable).
You must also comply with applicable third-party contractual conditions when using the Application (accessible in the Application under the "Credits" tab of your account settings). If you sell or give away your smartphone or computer to a third party, you must delete the Application from the device before doing so.
- Rules of Use
YOU MUST USE THE APPLICATION STRICTLY IN ACCORDANCE WITH THE TERMS OF THE CONTRACT AND MUST NOT:
Violate any applicable law or regulation in the context of your access or use of the Application (including sharing or publishing any content that is offensive, defamatory, discriminatory, violent, hateful, vulgar, etc.);
Infringe the intellectual property rights of Antescofo, its licensors, and any third party (including authors, composers, performers, and producers of scores marked as works protected by copyright);
Reproduce, communicate, or make available to third parties the scores of the Application marked as protected by copyright and/or the audio or video recordings of your performances of said scores (except within the Metronaut Community); ANY SHARING OR COMMUNICATION, PARTICULARLY ON SOCIAL NETWORKS, OF SCORES MARKED AS COPYRIGHT PROTECTED AND RECORDINGS OF PERFORMANCES OF SAID SCORES ARE STRICTLY PROHIBITED EXCEPT FOR PRIVATE AND FAMILY USE (IN THE SENSE OF FRENCH JURISPRUDENCE), EXCEPT WITHIN THE METRONAUT COMMUNITY.
Remove, alter, hide, or modify the intellectual property markings of Antescofo or its licensors (including © and ®, the names and first names of authors, composers, performers, music publishers, the title of the works, as well as the watermark identifying that the score is protected and published on Metronaut);
Share your login and password with anyone (subject to Family Sharing authorized by your application store);
Use the Application for a profit-making or commercial purpose, except for subscriptions for teachers or music institutions for their teaching activities;
Use the Application for purposes other than those for which the Application was designed or intended;
Copy the Application, except for installing the Application on your devices for use in accordance with the Contract;
Distribute or make the Application available on a network where it could be used by multiple devices at the same time;
Use the Application to provide or design a competing application, service, or software;
Attempt to retrieve the source code of the Application;
Modify, adapt, translate, or create derivative works from the Application.
You must report to us any potentially harmful content or behavior, such as harassment. If we find that this content or behavior violates our Rules of Use (4.b), we will take appropriate action, such as disabling the responsible account or restricting its ability to send messages.
- Blocking or Deleting Your Content
Antescofo may block content that violates the Rules of Use. In this case, Antescofo will notify you of the violation, and you may request a review. If the violation is serious or if Antescofo is legally obligated, the said content will be deleted after a period of 15 days following a second notification.
- International Sanctions
You declare and warrant (i) that you are not located in a region subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-supporting" region; and (ii) that you are not listed on a U.S. government list of prohibited or restricted parties.
6. INTELLECTUAL PROPERTY
- Antescofo's Intellectual Property Rights and Its Licensors
All intellectual property rights related to (i) the Application, the Site, and the Community (in part or as a whole); (ii) texts, digitized scores, illustrations, photos, sounds, videos, and functionalities of the Application; (iii) related software; (iv) trademarks and logos appearing therein, belong to Antescofo and its licensors.
All digitized scores accessible from the Application have been created using patented processes and Antescofo's know-how. The files of said digitized scores are usable within the conditions and limits of the Contract.
Antescofo and/or its licensors are the producers of the audio recordings made available in the Application.
The aforementioned intellectual property rights include copyrights, patents, trademarks, trade names, trade secrets, and any other intellectual property rights protected by applicable laws and international conventions.
Except for the express provisions of this Contract, no provision of the Contract shall be interpreted as transferring intellectual property rights to You. All rights not expressly granted in this Contract are reserved to Antescofo and its licensors.
- Third-Party Intellectual Property Rights
The scores accessible from the Application and marked as copyright-protected by a watermark are protected works. All rights (including author, composer, performer, and producer rights) on these works reproduced and communicated on the Application are reserved. If you are the holder or representative of intellectual property and believe that content on the Application violates the intellectual property rights that you own or represent, you can submit a notification of alleged infringement to the following email address: firstname.lastname@example.org. If a third party claims that the Application or your possession and use of the Application violates its intellectual property rights, Antescofo, and not Apple, Google, or any other application store, will be solely responsible for the investigation, defense, settlement, and discharge of such a claim.
- Your Intellectual Property Rights
You remain the owner of the content and data that you save in the Application and exchange or publish on the Metronaut Community. You notably retain the intellectual property rights over your performances of the scores recorded in the Application.
You grant us a non-exclusive license to use said content, performances, your name, image, and voice, as recorded in the audio and video files saved in the Application and that you share and publish in the Metronaut Community, solely for the purpose of ensuring the operation and improvement of the Application.
You will ensure that you hold or have obtained all necessary rights to grant us this license.
7. DURATION OF THE CONTRACT AND TERMINATION
The Contract comes into effect from the creation of your account on the Application, for an indefinite period.
- Suspension and Deletion of Your Account by Antescofo
Antescofo may suspend your access to the Application and your account in case of non-compliance with the Contract, especially the Rules of Use. In this case, Antescofo will notify you of the violation, and you may request a review. If the violation is serious or repeated, your account may be disabled and permanently deleted after a period of 15 days following a second notification.
Additionally, Antescofo may disable and delete your account if it is not verified after registration, if it is not used and remains inactive for more than a year, or if we determine that someone has used it without your authorization and we are unable to confirm that you are indeed the account holder. In this case, Antescofo will notify you of the violation 15 days before the deactivation or deletion of your account.
Finally, Antescofo may immediately disable and delete your account if the violation compromises or alters the security and/or operation of the Application. In this case, Antescofo will notify you of the violation immediately after deactivating or deleting your account.
- Deletion of Your Account at Your Initiative
You can delete your account at any time on the Application. Your subscription will then immediately end, and you will not be entitled to any refund. It is then your responsibility to save your data on your device before its deletion.
- Consequence of the Deletion of Your Account
If you delete or if we deactivate or delete your account, the Contract will end.
It is your responsibility to save your data before the deletion of your account.
In the aforementioned cases, you will not be entitled to any refund.
8. END OF LIFE OF THE APPLICATION
Antescofo also reserves the right to permanently delete the Application. In this case, Antescofo will notify you of the end-of-life date of the Application with one month's notice. The Contract will be terminated on this date or at the end of your current subscription period, whichever is later. Your account will be closed and your data deleted. It is your responsibility to save your data on your device before its deletion.
- Subscription and Payment of Your Subscription
Some services of the Application are provided for free, while others require a payment via a subscription. Antescofo reserves the right, at any time and without prior formalities, to make the use of any functionality of the Application payable; in which case the said functionality will no longer be accessible without a paid subscribing.
The prices and conditions applicable to your subscription may vary depending on promotions, the type and the duration of your subscription.
If you decide to subscribe, the payment will be debited and billed following the confirmation of your subscription, on the account of your application store for the mobile version, or via the online payment service for the web version. If your payment information is refused, you must quickly provide new valid payment information, otherwise, your access to the services may be suspended.
The payment of a subscription is subject to the payment policy applicable by the application store for the mobile version of the Application and by the online payment service for the web version.
You are responsible for all subscriptions made by you or any person using your account, including family members or friends.
- Trial Periods
You may benefit from a free trial period or a preferential rate, subject to changes and depending on promotions and the subscription type and duration.
You will be automatically billed for the amount of your subscription on the first day following the end of your trial period based on the bank information you provided in your application store account (e.g., your Apple account) for the mobile version and on the online payment service for the web version.
- Duration and Renewal of Your Subscription
You can access and use the paid features of the Application from the initial payment.
Subscriptions are automatically renewed at the end of the chosen subscription period (weekly, monthly, annual) using the payment information you provided in your application store account for the mobile version and on the online payment service for the web version. If your subscription started with a free trial or at a reduced rate, your renewal rate may be higher than your initial rate.
In some cases, the billing date of your subscription may change if your payment was not successfully processed on the initial due date. You will be informed of the change in the billing period by your application store or a message in the Application.
- Termination of Your Subscription
You can terminate your subscription at any time through the settings of your device on your application store account for the mobile version or from your personal account in the Application for the web version. Your subscription will end at the end of the chosen subscription period. If you cancel your subscription and keep your Metronaut account, you will only have access to the free features of the Application.
- Price Changes
We reserve the right to change the type, frequency, and/or price of our subscriptions. If the price, type, or frequency of your subscription changes, we will inform you and give you the opportunity to review the changes made to your subscription.
Such changes will be subject to your consent. If you refuse these changes, the automatic renewal function will be disabled, and your subscription will end at the end of the chosen subscription period.
Payments made are final and non-refundable, subject to the warranty and refund policy of your application store (e.g., App Store) if you subscribed via an online app store.
a. Exclusion of Warranty by Apple or Any Other Application Store
Antescofo is solely responsible for the warranty of the Application, whether express or implied. Apple, Google, or any other application store have no other warranty obligation whatsoever in relation to the Application. Any other claim, loss, liability, damage, cost, or expense attributable to any failure to comply with a warranty will be the sole responsibility of Antescofo.
b. Warranty of Eviction under the French Consumer Code
Antescofo warrants that it holds the necessary authorizations for the execution and performance of the Contract.
When a restriction resulting from the violation of the rights of any third party, particularly intellectual property rights, prevents or limits the use of the digital content or digital service in accordance with the provisions of articles L.224-25-13 and L.224-25-14 of the French Consumer Code, you may seek the nullity of the contract or any other contractual remedy available under the provisions of the French Civil Code.
c. Legal Warranty of Conformity under the French Consumer Code
Antescofo warrants the Application under the legal warranty of conformity for digital contents and services provided in articles L224-25-12 to L224-25-26 of the French Consumer Code.
Antescofo warrants, for the duration of your paid subscription, that the Application is:
- Consistent with its description in the FAQ of the "Help" tab of your account, accessible in the Application and on the metronautapp.com website;
- Provided with an assistance service described in the Contract;
- Provided with updates in accordance with the Contract.
Antescofo also warrants that the Application:
- Is fit for the usual expected use of a digital service of the same type;
- Possesses at least the qualities presented in its free version and during the trial period;
- Is provided according to the most recent version that is available;
- Is provided without interruption throughout your subscription in accordance with its characteristics described in article 1;
- Corresponds to the quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity, and security, that a consumer may legitimately expect for digital services of the same type, given the nature of the Application as well as the public statements made by Antescofo, including in advertising.
d. Implementation of the Legal Warranty of Conformity
In case of a lack of conformity, you are entitled to request that Antescofo take any action to assure the conformity of the Application or, failing that, to a reduction in price or to the resolution of the Contract, under the following conditions.
Moreover, you have the right to suspend the payment of your subscription until Antescofo has fulfilled its obligations under this subsection and articles 1219 and 1229 of the French Civil Code.
You may request that Antescofo take any action to bring the Application into conformity, without undue delay following your request, without cost, and without major inconvenience to you.
You are not required to pay for the Application during the period during which the Application was not in conformity.
If it proves impossible or involves disproportionate costs to bring the Application into conformity, particularly in relation to the significance of the lack of conformity and the value of the subscription, Antescofo may provide another remedy (price reduction or contract termination) as stated below.
Antescofo is not responsible for the lack of conformity if it demonstrates that it is directly attributable to the incompatibility between the Application and your digital environment. IN THIS REGARD, YOU ACKNOWLEDGE HAVING BEEN INFORMED THAT THE APPLICATION IS COMPATIBLE WITH iOS OR ANDROID AND ON MAC OS OR WINDOWS FOR ITS WEB VERSION. You are required to cooperate with Antescofo, to the extent that it is reasonably possible, necessary, and the least intrusive for you, in order to determine whether the lack of conformity is caused by an incompatibility.
You can obtain a reduction in price while keeping your subscription, or terminate the contract if:
- Antescofo refuses to bring the Application into conformity;
- The conformity of the Application is unjustifiably delayed;
- The conformity of the Application cannot occur at no cost for you;
- The conformity of the Application causes you major inconvenience;
- The non-conformity of the Application persists despite an unsuccessful attempt to bring it into conformity. You also have the right to a price reduction or contract termination when the lack of conformity is so serious that it justifies the immediate price reduction or contract termination. You are then not required to request beforehand that Antescofo take any action to bring the Application into conformity.
You do not have the right to terminate the Contract if Antescofo demonstrates that the lack of conformity is minor.
In the event that you decide to notify Antescofo of your decision to terminate the Contract for valid reasons:
- You will immediately refrain from using the Application or making it accessible to third parties;
- You are entitled to a refund within 14 days of the proportional part of the price of your subscription for the period prior to termination during which the Application was not in conformity;
- During this period, you may save your recordings on your device, provided that the audio/video files are downloadable (which is typically the case for pieces of music in the public domain);
- After this period, you will no longer have access to the Application, and your account will be deactivated.
ALL REQUESTS FOR REFUNDS UNDER THE WARRANTY MUST BE ADDRESSED TO YOUR APPLICATION STORE FOR THE MOBILE VERSION OR TO ANTESCOFO FOR THE WEB VERSION VIA THE SUPPORT SECTION OF THE APPLICATION.
e. Warranty Exclusions
THE FREE VERSION OF THE APPLICATION AND THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT ANY WARRANTY OF ANY KIND.
EXCEPT FOR THE LEGAL WARRANTIES SPECIFIED IN THE CONTRACT, ANTESCOFO EXCLUDES ALL OTHER WARRANTIES RELATED TO THE APPLICATION, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. APPLICATION UPDATES
Antescofo reserves the right to periodically and at any time, perform updates to the Application aimed at maintaining, adapting, or evolving the functionalities of the Application, including security updates.
Unless you have activated the iOS "automatic updates" option or a similar option of an other operating system, you will be informed of the planned updates, whether necessary or not for maintaining the conformity of the Application, and the date they will take place.
The updates will not incur at additional cost for you.
Unless you have activated the iOS "automatic updates" option or a similar option of an other operating system, you have the right to refuse the update or, if necessary, uninstall it if the update negatively impacts your access to or use of the Application.
In this case, if Antescofo cannot offer you to continue using the Application without the update, and unless the update only has a minor impact, you may request the termination of the Contract. The Contract will then be terminated without charge, within thirty days, under the conditions provided under articles L224-25-22 and L224-25-23 of the French Consumer Code.
12. INTERRUPTIONS FOR MAINTENANCE
Antescofo may also temporarily interrupt access to the Application, with or without notice, for security and maintenance purposes.
Antescofo is only responsible for damages that are a direct and immediate consequence of its non-performance or poor performance of the Contract and that could have been foreseen at the time of its conclusion.
ANTESCOFO CANNOT BE HELD RESPONSIBLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
Antescofo is not responsible for damages resulting from your non-performance or poor performance of the Contract, the act of a third party, or a case of force majeure.
Antescofo disclaims any liability in case of interruption of access to the Application or malfunctions related to the quality of the Application (including listening or recording quality) resulting from a case of force majeure, an event beyond the control of Antescofo and/or the host of the Application, or a maintenance intervention necessary to ensure the proper functioning of the Application.
It is your responsibility to protect your devices against any form of intrusion and/or contamination by viruses. Antescofo can in no way be held responsible for an intrusion and/or contamination by viruses resulting from a fault or negligence on your part.
It is your responsibility to protect your login and password. Antescofo cannot be held responsible for the wrongful use of your account by a third party to whom you would have communicated your credentials or who would have accessed your account following a fault or negligence on your part.
As a host, within the meaning of the provisions of the French law n° 2004-575 of June 21, 2004, for confidence in the digital economy, Antescofo cannot be held responsible for content exchanged and published by users of the Community and over which Antescofo does not have a general obligation of surveillance (subject to the removal by Antescofo of any content contrary to the Rules of Use and reported or identified by Antescofo).
14. THIRD-PARTY SOCIALS
The Application may allow access to third-party applications, services, websites, and social networks ("External Services"). External Services are subject to the contractual terms of the said third parties.
You agree to use External Services at your own risk and under your responsibility. Antescofo does not warrant and is not responsible for these services.
You may not use External Services in a manner that is incompatible or contrary to the Contract.
Antescofo reserves the right to modify, suspend, delete, disable, impose access restrictions, limits, or make External Services payable at any time, without notice or liability.
15. APPLE'S CONTRACTUAL TERMS
Notwithstanding the exclusions of warranty and limitation of liability previously mentioned in the Contract, if you download the Application from Apple's App Store, you acknowledge and accept the following points:
- The Contract is concluded between You and Antescofo, and not with Apple; Antescofo, and not Apple, is solely responsible for the Application's Site, the Community, and their content.
- Antescofo is solely responsible for providing any maintenance and support services for the Application, or as required by applicable law. You acknowledge that Apple has no obligation whatsoever to provide maintenance and support services in relation to the Application.
- Antescofo, and not Apple, is responsible for addressing your claims or the claims of any third party in relation to the Application or your possession and/or use of the Application, including, but not limited to:
- any claim that the Application does not comply with any applicable legal or regulatory requirement; and
- claims arising from consumer protection or similar legislation.
- You acknowledge and accept that Apple and Apple's subsidiaries are third-party beneficiaries of the Contract and that, upon your acceptance of the Contract, Apple will have the right (and will be deemed to have accepted the right) to enforce the Contract against you as a third-party beneficiary thereof.
16. GOOGLE PLAY'S CONTRACTUAL TERMS
Notwithstanding the exclusions of warranty and limitation of liability previously mentioned in the Contract, if you download the Application from Google Play, you acknowledge and accept the following points:
- In case of inconsistency between the Contract and the contract for distribution on Google Play (https://play.google.com/about/developer-distribution-agreement), the latter shall prevail.
- You acknowledge that the Contract is only valid between you and Antescofo.
- Google LLC and Google Ireland Limited are not responsible, and have no liability whatsoever, in the context of the Contract.
17. EVIDENCE AGREEMENT
You agree that Antescofo's electronic records constitute evidence of the conclusion, execution, performance, non-performance, , poor performance, or termination of the Contract.
18. APPLICABLE LAW, CONFLICT RESOLUTION, AND COMPETENT JURISDICTION
This Contract is subject to French law. In case of a dispute, the Paris Judicial Court will have jurisdiction.
If you are a resident of a European Union or European Economic Area country, you will have the option to seize the competent court of your place of residence.
You can address your questions, complaints, or claims concerning the Application to:
38 Rue Meslay
The European Commission provides an online dispute resolution platform accessible at: ec.europa.eu/consumers/odr.
The Site and the Application are intended for all audiences, both adults and minors, for music learning or hobby activities.
Users under the age of 15 must obtain permission from the holder of parental authority. However, access to the Application and Site is not prohibited for them as it does not contain any content forbidden for minors under 15 years of age.
The legal representative of the minor will be able to contact the Antescofo DPO at email@example.com. If we find that a child under 15 years old has registered on the Site or Application, we will take necessary measures to close the child's account and delete their data.
Minors under the age of 15 do not have access to the Metronaut Community functionalities.
Age verification of users is done by validating a payment card.
We or our partners do not send targeted advertisements to users who are minors under the age of 18.