Terms of Service

Music Tomorrow is an online service accessible at app.music-tomorrow.com (hereinafter “the Site”) provided by MUSIC TOMORROW S.A.S., registered with the Bobigny registry of commerce and companies under no. 883 876 682, with its registered office located at 5 rue Rabelais, 93400 Saint-Ouen (France) (hereinafter “Music Tomorrow”), providing online services of collection, analysis, and organization of public data and content related to public artist pages hosted on third-party music streaming platforms, and content recommendation systems of said platforms. (hereinafter “the Service”).These terms of Service (hereinafter “TOS”) govern the access, browsing, viewing, and, more generally, the use of the Service by any physical or legal person, whatever the conditions in which they access the Service, from whichever terminal and whichever the nature and extent of the Subscription to the Service (hereinafter the “User”).

‍PURPOSE AND ACCEPTANCE OF TERMS OF SERVICE 

‍‍1.1 The Purpose of the TOS
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‍These TOS establish the contractual obligations between Music Tomorrow and the User for accessing, consulting, and using the Service from any device (e.g., personal computer, digital tablet, mobile phone).
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‍1.2 Acceptance of TOS
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‍By creating an account or subscribing to any of Music Tomorrow's offers, the Users fully and completely accept these TOS. The applicable TOS are those in force at the time of account creation or Subscription. Any substantial modifications to these TOS will require User’s renewed consent. Any User who does not wish to adhere to and comply with the applicable TOS in their entirety must refrain from using the Service in any way and, if applicable, close their account. 
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‍1.3 Modifications to the Service and TOS
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‍Music Tomorrow reserves the right to modify the Service and these TOS at any time. It is the User’s responsibility to regularly review the TOS to stay informed of any changes. The User’s continued use of the Service after any modifications constitutes User’s acceptance of the modified TOS.

‍DESCRIPTION OF THE SERVICE ‍

‍2.1 Nature of the Service

‍The Service offers Users the ability to request automatic collection and subsequently access and view information on specified recording artists, including analysis of said artists public profiles on streaming platforms and the way they are positioned with regard to content recommendation systems of said music streaming platforms. Dashboards available through the Service are time-specific to the date of the original User request and should always be regarded as such.

‍2.2. Subscription Plans

‍The Service is made available to Users through various Subscription plans (hereinafter “Subscription”), defining the number of credits available and/or scope of use, data requested or features available. The information on the Subscription options available is made available to users on request or through public pages describing the scope of each Subscription plan. To access the most recent information on the Subscription plans, the users should contact Music Tomorrow directly at contact@music-tomorrow.com. 

‍2.3. Data Access and Artist Credits System

‍To access the data on a specific artist, Users must provide an external ID of the artist on Spotify, making a request to the Service. Each User request consumes a single artist credit related to their account on the Music Tomorrow’s platform. To ensure the stability and performance of the Service to all Users, Music Tomorrow reserves the right to temporarily limit the number of credits available to the User beyond the limits defined by their current Subscription plan.

‍2.4. Changes to the Service 

‍Music Tomorrow remains free to modify the layout, presentation, and graphic design of its Service and of the site(s), application(s), or other mediums or platforms on which it is made available, which may directly affect the scope and extent of features available to the User. 

‍AVAILABILITY OF THE SERVICE‍

‍3.1 Connection of the Service

‍The Service is an online product that requires access via an internet or other network connection. The User is responsible for obtaining the necessary internet or network connection to access Music Tomorrow’s Service and any associated third-party fees (such as internet service provider or airtime charges) for the connectivity to the Service. Additionally, the Users are responsible for procuring and maintaining all equipment necessary to connect to the Service. The quality of the Service that the User experiences may depend on the User’s connectivity and equipment. 

‍3.2. Availability of the Service

‍Subject to potential technical or material constraints, Music Tomorrow aims to offer the Service 24 hours a day and 7 days a week. Music Tomorrow may, however, interrupt access to the Service for technical, editorial reasons, or other reasons without prior notice or information to Users.

‍3.3. Availability of Third-Party Data 

‍The proper functioning of the Service and the data available through the Service depend in part on third parties and the scope of data reasonably accessible. As such, Music Tomorrow does not guarantee the availability, continuity, extent, quantity, relevance, and accuracy of the third-party data provided within the Service.

‍ACCESS TO SERVICE‍

‍4.1 Account Creation and Registration

‍To access the Service, the User must create an account by providing accurate and truthful information. Music Tomorrow reserves the right to refuse registration or Subscription to any User who has previously violated these TOS or applicable laws.

‍4.2 Proper Use of the Service

‍Users are responsible for their use of the Service and must comply with all applicable laws and regulations. Users agree not to use the Service for any illegal or unauthorized purpose and to refrain from any activity that could impair the performance or functionality of the Service.

‍4.3 Termination of the Account

‍An Account may be terminated at any time by both the User, as provided for in these TOS, or by Music Tomorrow in the event of a breach of the provisions of these TOS or violation of applicable legislation or in the event of outstanding payments. Users acknowledge and accept that the termination of their account implies the permanent deletion of all data connected to their account.

‍PAYMENT AND SUBSCRIPTION

‍‍5.1 Fees and Subscription Types

‍While creating the account to access the Service doesn’t require a payment, the features available to the user and the number of artist credits available are determined based on the chosen subscription plan. The subscription fee is paid monthly, annually, or at another frequency specified during the subscription process.

‍5.2. Termination of Subscription 

‍Any subscribed User may terminate their Subscription by contacting Music Tomorrow customer support directly via email at contact@music-tomorrow.com. Termination will be effective at the end of the current Subscription period, provided that the termination request has been made at least 48 hours before the end of the current subscription period.Music Tomorrow reserves the right to terminate the Subscription of any User in the case if the User has been found breaching any of their obligations under the present TOS.

‍5.3. Service Trial and Free User Accounts

‍Music may offer Users of the Service free trial access to parts of the Service or offer a number of free artist credits for the purposes of Users getting familiar with the Service and Music Tomorrow’s offerings. The User is responsible for exercising their free access to the Service within a reasonable timeframe. Beyond that period, currently defined as 30 (thirty) days from the moment the free access was granted, Music Tomorrow reserves that right to withdraw the access to the entirety or parts of the Service offered during the trial at its discretion.  

‍5.4. Duration of the Subscription 

‍After opening their account and, if applicable, following a free access period, User will be invited to choose the type of Subscription which they intend to take. The duration of each Subscription is chosen by the User on the basis of one or more months or years, starting from the day the account is created.The Subscription will be automatically renewed for the same duration as the one initially chosen by the User at the end of the current subscription period. Unless decided otherwise by Music Tomorrow, a Subscription may not be terminated before its term, except in the case when a User opts to upgrade their Subscription, in which case the Subscription in progress will be terminated from the effective date of the new Subscription. Such modification will be subject to Music Tomorrow approval, in which case an amount corresponding pro rata to the duration of the remaining ongoing Subscription shall be deducted from the new Subscription fee.

‍5.5. Pricing conditions

‍The financial terms of Subscription to the Service are expressed in United States Dollars (USD) and/or in EUROS (EUR), excluding taxes. The applicable monthly and annual rates are those indicated in the rate sheet in force on the day on which the Subscription is taken out. Subscription rates are determined within the conditions mentioned in Article 2.2. of the present TOS and are subject to change by Music Tomorrow. Additionally, Music Tomorrow reserves the right to make changes to the current Subscription plans, affecting the availability of features available to the User under their current Subscription. Such changes will apply to any Subscription from the next contract period following their entry into force.

‍5.6 Payment Disputes

‍In the event of any payment dispute or chargeback, Music Tomorrow reserves the right to suspend or terminate the User’s access to the Service until the dispute is resolved.

‍USE OF THE SERVICE ‍

‍6.1 Permitted UseThe User is granted a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these TOS. The User agrees to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.

‍6.2. Prohibited Activities

‍All Users undertake not to contravene with applicable legislation and the legitimate interests of third parties and of Music Tomorrow. To this end, the User agrees to abstain from the following:
- Using the Service, any element thereof, in a commercial form without the prior written authorization of Music Tomorrow:
- Uploading, transmitting, or sharing any content that is unlawful, infringing, or harmful to others.
- Using the Service in order to send, in any form whatsoever, unsolicited advertising or promotional content;Reverse engineering, decompiling, or disassembling any part of the Service or attempt to derive the source code of any software used in the Service;
- Interfering with or disrupting the Service or servers or networks connected to the Service;
- Using any automated system or software to extract data from the Service without prior written consent from Music Tomorrow;
- Using the Service to transmit any viruses, worms, or other malicious code;
- Attempting to gain unauthorized access to any part of Music Tomorrow, accounts, or systems.
- Circumventing or disabling any security or technological measures implemented by Music Tomorrow.
- Copying, modifying, or distributing content, data, or information from Music Tomorrow or from the Service without the consent of Music Tomorrow under circumstances that may suggest an ongoing partnership with Music Tomorrow;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting an affiliation with a person or entity;
- Engage in any other activity that Music Tomorrow determines, in its sole discretion, to be harmful, illegal, or in violation of these TOS.

In the event that a User is not aware of one of the provisions referred to above, Music Tomorrow reserves the right to suspend or permanently terminate the User’s account and Subscription as well as any subsequent accounts created by the same User following the infringement of the TOS.
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‍6.3. Data Sharing to Third Parties

‍The Service is reserved for an individual use by the User within the framework of his/her professional activities. Any public exploitation of the Service and data collected and aggregated without the authorization of Music Tomorrow is prohibited. Users undertake not to commercially exploit or communicate to third parties any information, data, content, notifications, analyses, reports, documents, or any other element emanating from their use of the Service or the Site, except when such sharing and exploitation is directly related to the User’s line of work.In general, as long as this does not cause prejudice or harm to Music Tomorrow, the Users are allowed to communicate, for business purposes, to co-contractors, clients and prospects, data and information derived from their use of the Service, provided that: Such communication is not directly or indirectly incorporated into a service offer of the User to third parties;The integrity of the data and its presentation is not altered or disparaging with respect to Music Tomorrow; Such communication is free and in no way remunerated, directly or indirectly; Given that the mention of the address of the Site (www.music-tomorrow.com) is systematically visible on each page so as to clearly identify the source of the information concerned.

‍HYPERLINKS

‍Hyperlinks accessible on the Service may redirect Users to other websites or other Internet sources. As Music Tomorrow is not able to control these sites and external sources, Users acknowledge that Music Tomorrow cannot be held liable for the content, advertisements, products, services, or other material available on or from these websites or external sources.Moreover, Users acknowledge that Music Tomorrow cannot be held liable for any loss or damage in connection with the use of content, goods, or services available on these sites or external sources. Likewise, Music Tomorrow cannot be held responsible if the content of such websites violates applicable legislation or regulations. Any error or illegal content originating from such websites must be reported to Music Tomorrow by the means made available on the Site.

‍INTELLECTUAL PROPERTY

‍All elements (texts, images, photographs, sounds, software, icons, graphics, layout, database, trademarks, logos, etc.) of the Service, including its structure and editorial content, are protected by intellectual property rights and notably copyright, trademark, database rights, of which Music Tomorrow is the owner, assignee or licensee, subject to elements owned by third parties. Therefore, any reproduction, representation, adaptation, translation and/or transformation, in part or in full, or use of any element of the Service cannot take place without the express written prior consent of Music Tomorrow.Furthermore, Music Tomorrow is the owner of the Music Tomorrow trademark. By way of consequence, any reproduction, imitation, or use of the Music Tomorrow trademark is prohibited without prior written permission of Music Tomorrow.

‍LIMITS OF LIABILITY‍

‍9.1 Warranties

‍Each User undertakes to comply with the terms of the present TOS and acknowledges that any violation thereof may result in the immediate suspension of their account, temporarily or definitively, without compensation or right to reimbursement and without prejudice to any legal action that may be undertaken by Music Tomorrow.

‍9.2. Limits of Liability

‍Users are informed that the data made available through the Service originates from third-party sources, the continuous availability, accuracy, and precision of which do not pertain to the choice or responsibility of Music Tomorrow. Therefore, Music Tomorrow grants no warranty in relation to the continuous availability, accuracy, or reliability of the information and data provided as part of the Service, even though Music Tomorrow will do its best to provide extensive, relevant, and reliable data and information via the Service.Furthermore, Music Tomorrow does not grant any warranty with regard to the ability of the Service and its features and information to meet the expectations of the User’s professional or commercial activities and does guarantee the results of any decisions made by the User based on the data or direct advice provided by the Service. Any use of the Service in a professional framework shall remain under the exclusive responsibility of the User.

‍PERSONAL DATA‍

‍10.1. Privacy Policy

‍The personal data and information relating to Users and to their use of the Service is processed by Music Tomorrow, acting as data controller, in accordance with the terms of the Privacy Policy, available at the following address: https://www.music-tomorrow.com/privacy. By using the Service, each User accepts the terms of this Privacy Policy.

‍10.2. Data Collection and Right of Erasure

‍The data collected by Music Tomorrow comprises, on the one hand, the data that the User provides and, on the other hand, the information that is collected in an automated way. The creation of an Account involves the communication of personal data to Music Tomorrow by Users. Users are informed that the refusal to disclose information labeled as mandatory during the registration process will prevent the creation of the account and the use of certain features.In accordance with applicable legislation on data protection, all Users have a right to access, rectify and erase their personal data held by Music Tomorrow, that may be exercised by contacting the Music Tomorrow at the following addresses: Music Tomorrow S.A.S., 15 rue Rabelais, 93400 Saint-Ouen (France); gdpr@music-tomorrow.com.

‍FORCE MAJEURE

‍Circumstances considered cases of force majeure shall be those usually accepted as such by the case law of French case law and/or within the meaning of Article 1218 of the French Civil Code. Music Tomorrow cannot be held liable to the User for any failure of the Service due to an event of force majeure or individual acts by the User.

‍REPORTING AN ABUSE OR AN ERROR

‍Any User may report, in accordance with the conditions prescribed by law, abusive content or an error related to data or information by contacting Music Tomorrow at the following addresses: Music Tomorrow S.A.S., 15 rue Rabelais, 93400 Saint-Ouen (France); contact@music-tomorrow.com.Any report must enable Music Tomorrow to identify the reported content and the reason for the notification. Music Tomorrow may, where appropriate, request that the User provides all useful details and supporting documents for the assessment of the facts reported, and the User undertakes to provide all his/her cooperation in this regard.

‍GOVERNING LAW AND JURISDICTION

‍The present TOS are governed by French law. Failing an amicable settlement, any dispute relating to their validity, their interpretation, or their execution shall pertain to French courts.

‍MISCELLANEOUS

‍‍14.1. Severability Clause

‍In the event that any provision contained in these TOS is held to be illegal, invalid, or unenforceable for any reason whatsoever, it shall be considered as though it had not been written, and the remaining provisions of these TOS shall remain in effect, and continue to apply between Users and Music Tomorrow.

‍14.2. Consumer Rights

‍Nothing in these TOS affects the rights that a User has in a capacity as a consumer, which rights cannot be altered or which the User cannot relinquish within the framework of a contract. As a result, some of the restrictions and limitations mentioned in these TOS will not apply to Users who use the Service as a consumer (i.e., any natural person acting for purposes that are not part of his/her commercial, industrial, artisanal, or liberal activity) residing in a country of the European Union. In the event that the User uses the Service as a consumer, the User acknowledges and expressly agrees (i) that the provision of the Service starts immediately after the validation of his/her registration with the Service, that is to say, before the end of the fourteen clear days period provided by law and (ii) acknowledges and agrees accordingly not to benefit from the right of withdrawal related to the online sale. Consequently, no request for withdrawal, cancellation, or refund will be admissible for the period subscribed.

‍14.3 Provision Survival 

All provisions of the present TOS, which by their nature should survive termination, including, without limitation, intellectual property provisions, warranties, disclaimers, indemnities, and limitations of liability.