Pianists Corner Agreement

Last updated 13 October 2021

Summary

When you use our Services you agree to this agreement and our Privacy Policy. 

Our Services are for private or business use. To use the Services, you have to create an account. We offer a Trial Period. When the Trial Period ends, you have to select a Subscription Plan or carry on using the Free  App, which has limited functionalities. You pay by credit card, and understand that taxes and fees may be added to our  prices. Your Subscription Plan automatically renews until you decide to cancel it or one of us materially breaches this  agreement. 

We use reasonable care and skill in providing the Services. We always try to notify you of any changes to the Services  or this agreement. You have to use the Services legally and for their intended purposes. For example, you cannot use  the Services for spamming, targeting individuals and groups in a discriminatory way, or to spy on people. Also, you  cannot try to reverse engineer or resell the Services. If you violate this agreement, we can suspend or terminate your  use of the Services. 

Both you and us have limited liability in regard to each other as set out in Section 10, apart from in some serious cases  required by Applicable Law (like fraud). 

If we ever end up in a dispute, we will resolve it only in France, under French law.

1. What is this document about? 

This agreement is a binding legal contract between you and PianistsCorner. 

You may not use any Services without agreeing to this agreement: we provide the Services only on these  terms. 

2. Using the services 

The Services are available for private and business use. 

To access the Services, you have to create an account . Each User login credential is individual to that User and  cannot be used by anybody else. 

You will only allow the number of Users to use Pianists Corner, and the Duration (e.g. 1 year for Silver Member,  and Lifetime for Platinum Member) purchased under your Subscription Plan. We may make some Services  available for limited use without requiring you to register. We may change the Services that are available to  unregistered users or the Free App at any time.

3. Subscription and Payments

The Buying Process :

3.1. Trial Period 

We may offer a free Trial Period, during which you can use the Paid App for free. When the Trial Period ends,  you can purchase a Subscription Plan or continue to use Pianistscorner with limited access 

3.2. Purchasing a subscription 

By providing your payment details when selecting a Subscription Plan, you are making an offer to purchase the  Services for the Term. We accept that offer when we process your payment. The length of your subscription is  set out in the Subscription Plan (Silver/yearly, or Platinum/Lifetime). 

3.3. Electronic payment 

By providing your credit or debit card details to us, you authorise us to bill your credit or debit card immediately  for the Initial Term, and on the first day of any Renewal Term for Silver Membership. 

If you provide us with your credit or debit card details during a Trial Period, we will end the Trial Period and  immediately begin your paid subscription upon receipt of your payment details. To avoid interruption of the  Services, you must let us know about any updates to your payment method. 

3.4. Subscription renewal and cancellation 

Every Silver Membership subscription automatically renews at the end of the Initial Term or Renewal Term. The length of the Renewal Term will be the same as the length of your Initial Term. If you do not want to renew  your subscription, you must let us know by email at least 10 days before end of the Term.

If we discontinue or make changes to your Subscription Plan, we will notify you at least 30 days before the end  of your Initial or Renewal Term. You can choose between not renewing your subscription or changing to a new  Subscription Plan. 

3.5. Fees 

The Fees are non-cancellable and non-refundable, subject to Applicable Law. We may increase the Fees for any  Renewal Term if we provide you with at least 30 days’ written notice of the increase. 

Please note that if the credit or debit card you provide to us is in a different currency to that of the listed Fees,  the Fees may change when they are converted to your local currency by your payment provider (and your credit  card provider may charge for payment in foreign currency). 

3.6. Taxes 

The Fees are exclusive of legally applicable Taxes. You are responsible for paying any Taxes that we are  required to collect on top of the Fees. If you provide us with a valid tax exemption certificate from the  appropriate tax authority, we will not add any Taxes to your purchase.

4. Your responsibilities 

4.1. You have to use the Service as intended You are responsible for:

• how you and your Users use the Service;
• you and your Users’ compliance with this agreement (as if they were you);

You will not:

• sell, resell, license, sublicense, distribute, or otherwise make the Services (including any data within the  Services) available to anybody other than your Users;
• subject to Applicable Law, attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to  human-perceivable form any part of the Services;
• use the Services to violate Applicable Law, including Applicable Law about data protection, privacy, or  information security;
• purposefully, recklessly or negligently interfere with or disrupt the integrity or performance of the Services,  including spamming, hacking, violating or circumventing our API rate limits, or similar activities.

4.2. You have to keep your account and credentials secure

You are responsible for:

• ensuring that any user IDs and passwords required for you or your Users to use Services are kept safe and  confidential;
• promptly notifying us if you find out that the security of a user ID or password is, or may be, compromised.

4.3. You have to respect privacy and protect end users

You will not:

• knowingly display, distribute, or otherwise make available any data from the PianistsCorner App to any person or entity that you reasonably believe will use the data in any manner that would have the potential to be inconsistent with any individual’s reasonable expectations of privacy;
• conduct any research or analysis that isolates a small group of individuals or any single individual for unlawful, illegal or discriminatory purposes;
• use the PianistsCorner App to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive or special categories of personal information prohibited by Applicable Law;
• subject to Applicable Law, without our prior written consent, display, distribute, or otherwise make the Pianists Corner App or any data within it available to any member of the US intelligence community or any other government or public sector entity.

5. Our responsibilities

We promise that during the Term:

• we will provide the Services with reasonable skill and care;
• when properly used on an operating system for which it was designed, the PianistsCorner App will perform substantially in accordance with the functions described at https://pianistscorner.com/;
• we will have all licences and permissions necessary to perform our obligations under this agreement.

We make no promises that:

• the Website or the Pianistscorner App will always be available or use of them will be uninterrupted;
• we will have any specific types of data or content, or that you may be able to access third party sites or  applications via the Services;
• that the Services will provide you with any particular insight.

6. Intellectual property

6.1. We keep our intellectual property rights

• We or our licensors own all intellectual property rights in the Services. Except for your right to use the  PianistsCorner App and the Website, you are not granted any rights in or to use our intellectual property rights.

6.2. You give us a licence to use your feedback

• You agree that we may freely use, sell, incorporate or otherwise exploit any suggestion, Feedback, or request  that you provide to us arising out of the use of the Services.

7. Privacy and publicity 

We collect and process User data in accordance with our Privacy Statement. We will not disclose that you are  a customer without your prior written consent. 

8. Removal of data 

A licensor or Applicable Law may require us to remove data from our Services. In such cases, where it affects  you, we will notify you of the impacted data and you will promptly remove that data from your systems, whether  during or after the Term.

9. Suspension and termination 

9.1. Suspension

• If you use the Services in violation of this agreement, we may suspend your use of the Services (in whole or in  part).
• If we suspend the Services, we may refuse to restore the Services until we receive an assurance from you, in a  form that we accept, that there will be no further breach of this agreement.

9.2. Mutual termination

A party may terminate this agreement by written notice to the other party at any time if:

• the other party is in material breach and the breach is not remediable;
• he other party is in material breach and the breach is remediable, but the breach is not remedied within 30 days  of being notified in writing of the breach;

or

• the other party begins insolvency proceedings or becomes the subject of a petition in liquidation or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors or, in relation to you, any analogous event in any relevant jurisdiction.

9.3. Accrued rights and liabilities and survival

Termination of this agreement, however arising, does not affect the accrued rights and liabilities of the parties  as at termination. All sections of this agreement that need to survive termination in order to give effect to them,  survive termination.

10. Liability

10.1. What the parties are always liable for 

You and we are each always liable for all liabilities that cannot be excluded or limited under Applicable Law  (for example, fraud or personal injury caused by a party’s negligence.) 

Please read the following sections carefully! 

10.2. Losses a party is never liable for and scope of what “Liability” means 

Subject to sections 10.1 and 10.3, a party is only liable for Losses that the other party suffers as a direct and  reasonably foreseeable result of a party’s breach of its obligations under this Agreement. Other than as set out  in section 10.1 and the previous sentence, neither you or us is liable to the other for any other Losses of any  kind. 

10.3. Our maximum liability 

Each party’s total liability arising out of the Services, will never be higher , in aggregate, than the greater of  110% of the fees for the Services incurred during a Contract Year. 

10.4. Force Majeure 

Neither party is liable for a breach caused by an event beyond its reasonable control, including a natural disaster,  disease outbreak, war, riot, terrorist action, civil commotion, malicious damage, government action, industrial  action or dispute, fire, flood, storm, or failure of third party telecommunications services.

11. Miscellaneous 

11.1. No third party rights 

Nobody except you and us are able to enforce this agreement against each other. No-one else has any rights  whatsoever. data from your systems, whether during or after the Term. 

11.2. Notice 

Each party will deliver notices for legal service or material breach by a courier service or recorded delivery, to  the following addresses:

• Our address: Our registered office
• Your address: Address we have for you on file

Notices for any other matter may be by email, to the following addresses:

• Our address: help@pianistscorner.com
• Your address: email address we have for you on file

A party is deemed to have received notice as follows:

• Recorded delivery/courier service: Three London, UK business days after posting
• Email: 24 hours after it is sent

11.3. No representations 

This agreement forms the entire agreement between us and you. 

You agree that no representations were made before entering into this agreement and that you do not rely on,  and will have no remedy in respect of, any statement, representation, warranty, or understanding (whether  negligently or innocently made) of any person (whether party to this agreement or not) other than as set out in  this agreement. 

11.4. Invalidity 

If any term of this agreement is found invalid, illegal or unenforceable, the rest of this agreement remains in  effect. 

11.5. No waiver 

Either party’s delay or failure to enforce a term of this agreement is not a waiver of that right and does not  prevent that party from later enforcing that term or any other term. 

11.6. Governing law and jurisdiction 

French law governs this agreement, including any non-contractual disputes or claims related to it. You and we  also agree that French courts have exclusive jurisdiction over our relationship.

12. Definitions 

Applicable Law: any legally binding obligation applicable to a party, including statutes, rules, regulations, codes, court  rulings, or any other binding requirement. 

Claim: any claim, action, suit, dispute, or proceeding. 

Contract Year: the period starting at the beginning of the Initial Term and ending on the first anniversary of the Initial  Term and each subsequent 12 month period thereafter, provided that the last contract year starts on the last anniversary  of the beginning of the final Initial Term and ends on the termination of the Agreement. 

Fees: the fees that you owe to us, based on your Subscription Plan. 

Free App: the version of the Pianists Corner App that is available for free and which has a lesser functionality than the  Paid App. 

Initial Term: the initial term of your subscription, as set out in the Subscription Plan that you purchase. 

Losses: any losses, damages, liabilities, awards, and costs (including court costs and reasonable attorneys’ fees) related  to a Claim. 

Paid App: the PianistCorner App that is available for purchase. 

PianistsCorner App: the application described at https://pianistscorner.com/. 

Pianistscorner (and « Pianists Corner », “we” “us”, or “our”): Pianistscorner SAS, a French company, with company  number +33 6 83 67 11 78, having its registered office at 11 rue POIRIER DE NARCAY, 75014 PARIS (France) 

Renewal Term (Silver Member): a renewal of your subscription of a period of time equal to the Initial Term. Subscription Plan: any one of our subscription plans, as set out at https://pianistscorner.com/profile/

Services: the provision of the Pianistscorner App, the Website, and any other services that we agree to provide to you. 

Taxes: legally applicable taxes, levies, duties or similar governmental assessments, including goods and services, value added, and sales taxes. 

Trial Period: a trial period, during which you can use the Paid App without being obligated to pay the Fees. 

Term: for the Paid App means the Initial Term or Renewal Term, as applicable; and for the Free App means whenever  you have a right to use the Free App. 

User: an individual (human) user of the Pianistscorner App. 

you: if you are an individual accepting this agreement on your own behalf, we mean you. Or, if you are an individual  accepting this agreement on behalf of a company or legal entity, we mean that company or legal entity. Website: http://www.pianistscorner.com