Thank you for using Solfeg.io (“Solfeg.io”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) are applicable to websites (such as www.solfeg.io, and web.solfeg.io) and software applications (“Apps”), all owned and operated by SIA Solfeg.io and from or in connection with which you are accessing this document.
Last updated: December 9, 2020
Welcome to Solfeg.io
Thank you for using Solfeg.io (“Solfeg.io”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) are applicable to websites (such as www.solfeg.io, and web.solfeg.io) and software applications (‘Apps’), all owned and operated by SIA Solfegio and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the “Solfeg.io Service” or “Services”. By using the Services or accessing any content or material that is made available by Solfeg.io or its users through the Services you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the Agreements carefully as they contain important information about Solfeg.io Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Solfeg.io Services or consume any Resources.
You promise that your registration information, payment details (if you have signed up for a Paid Subscription or Free Trial) and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.
Responsible use and conduct
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”).
Changes to the Agreements
We reserve the right to change these Terms from time to time without notice. The “LAST UPDATED” legend at the top of this page indicates when these Terms were last revised. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. In the event of material changes to the Terms, we will notify you at least 3 days before these new Terms apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Services under the new version of the Terms, you may terminate the Agreements by contacting us via online chat available on the website.
Solfeg.io Service programs
Solfeg.io Services are available for free or as a paid service in accordance with the following and you agree to abide by the terms applicable to the Solfeg.io Service program that you have signed up for:
Solfeg.io provides a platform to learn and teach songs and music classes in lessons. If you have signed up for our free Solfeg.io Service, certain Services or songs are provided to you free-of-charge, for as long as you use the Services for non-commercial purposes, in accordance with the limitations of use set out in these Terms. The Solfeg.io Service that does not require payment is currently referred to as the “Solfeg.io Free”. You may not use Solfeg.io Free for commercial purposes. Hence, if you intend to use Solfeg.io Services in conjunction with or as part of a paid service or product, for the purpose of marketing your own or someone else's products or services or otherwise in conjunction with a commercial event such as a concert, show or broadcasted event, you must enter into a separate agreement with Solfeg.io.
Full Solfeg.io Services and songs require payment before you can access them and certain areas of use are only permitted if you have signed up for Solfeg.io Premium or entered into a separate agreement with Solfeg.io. The Solfeg.io Services that may be accessed subject to payment are currently referred to as “Paid Subscriptions”. If you have signed up for Paid Subscriptions, you may get access to features and songs that are not available through Solfeg.io Free. This does not allow you to use the Services for commercial purposes other than providing educational value to yourself, or your organisations students or teachers.
If you have received a code or other offer provided or sold by or on behalf of Solfeg.io for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Services and you agree to comply with any such terms and conditions.
We may, at our own sole discretion, offer trials of Paid Subscriptions for a specified period without payment or at a discounted rate (a “Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible. For some Trials, we’ll require you to provide your school details to start the Trial.
If you have signed up for Solfeg.io Free or if you cancel your account during the Trial, Solfeg.io will never charge you any fees for your use of the Solfeg.io Service.
Paid Subscriptions can be purchased directly from Solfeg.io through a separate agreement with Solfeg.io.
If you have signed up for a Paid Subscription for a yearly subscription fee, you will be charged for one year's subscription fee in advance upon expiry of any Trial. The Paid Subscription and the payment to Solfeg.io will automatically renew at the end of the yearly subscription period, unless you cancel your Paid Subscription through your settings page before the end of the current yearly subscription period.
If you have signed up for a Paid Subscription which gives you access to the Solfeg.io Service for a specific time period (“Pre-Paid Period”), you will be charged for the Pre-Paid Period in advance upon expiry of any Trial.
If you cancel your Paid Subscription, the cancellation will take effect on the day after the last day of the current subscription period, after which you will be downgraded to Solfeg.io Free. We will not refund any subscription fees already paid to us.
Solfeg.io may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Solfeg.io Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect, in which case you will be downgraded to Solfeg.io Free.
The Solfeg.io Service and the Resources are the property of Solfeg.io or Solfeg.io’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the Solfeg.io Service for non-commercial, educational and/or entertainment use of the Services (the “License”). This License shall remain in effect until and unless terminated by you or Solfeg.io. You promise and agree that you are using the Services and the Resources for non-commercial, educational and/or entertainment purposes and that you will not broadcast the Services or the Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Services or the Resources. The Solfeg.io software applications and the Resources are licensed, not sold, to you, and Solfeg.io and its licensors retain ownership of all copies of the Solfeg.io software applications and Resources even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
All Solfeg.io trademarks, service marks, trade names, logos, domain names, and any other features of the Solfeg.io brand (“Solfeg.io Brands”) are the sole property of Solfeg.io or its licensors. The Agreements do not grant you any rights to use any Solfeg.io Brand for any purpose, whether for commercial or non-commercial use.
Third Party Services
The Solfeg.io Service is integrated with third party applications, websites, and services (“Third Party Services”) to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Solfeg.io does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Service or for any transaction you may enter into with the provider of any such Third Party Service.
The Solfeg.io Service contains some user created content including quizzes, pictures, video, text, messages, information and any other content (“User Content”). You hereby grant to Solfeg.io a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content you have made available to the public in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
You promise that, with respect to any User Content you post on Solfeg.io, (1) you have all rights necessary to upload such User Content to the Solfeg.io Service and to grant the above license to Solfeg.io, and (2) such User Content, or its use by Solfeg.io as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Solfeg.io or any rights holder without express written consent from such individual or entity.
Solfeg.io may review, monitor, edit or remove User Content at our sole discretion, but is under no obligation to do so. In all cases, Solfeg.io reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Solfeg.io’s sole discretion, violates the Agreements. Solfeg.io may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you have published on Solfeg.io. Solfeg.io does not endorse the correctness of the User Content or any opinion contained in any User Content. You will, to the greatest possible extent permissible under applicable law, indemnify and hold Solfeg.io and its licensors harmless from and against any third party claim asserting that the User Content violates any third party rights or applicable laws, regulations or legal requirements anywhere in the world, including any loss, costs and expenses arising out of such third party claim.
DMCA and User Content reporting
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that material available in the Services infringes your copyright, you (or your agent) may send to Solfeg.io a written notice by mail or e-mail, requesting that Solfeg.io removes such material or blocks access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Solfeg.io a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Solfeg.io, Inc., 2093 Philadelphia Pike, Claymont, DE19703, Delaware, US; or by e-mail to info (at) solfeg.io. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please note that Solfeg.io may, in appropriate circumstances, terminate or suspend users and account holders who are repeat infringers.
Notwithstanding the foregoing, Solfeg.io may in its sole discretion take such actions as it deems fit in order to protect the intellectual property rights of any intellectual property owner, including but not limited to removing User Content.
If you believe that any Resources do not comply with the Acceptable Use, feel free to report this to Solfeg.io live chat support desk.
If you establish a Solfeg.io account on behalf of a company, organization, entity, or brand (an “Organization”, and such account an “Organization Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Organization, as applicable. If you open an Organization Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Organization to the Agreements.
As creator of your Solfeg.io account you have access and control over the Solfeg.io account and the devices that are used to access the Services. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Services and not reveal the password nor any payment details associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, Solfeg.io or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
Term and termination
The Agreements will continue to apply to you until terminated by either you or Solfeg.io. You may terminate the Agreements at any time. Solfeg.io may terminate the Agreements or suspend your access to the Solfeg.io Service at any time, including in the event of your actual or suspected unauthorised use of the Solfeg.io Service and/or Resources, or non-compliance with the Agreements. If you or Solfeg.io terminate the Agreements, or if Solfeg.io suspends your access to the Solfeg.io Service, you agree that Solfeg.io shall have no liability or responsibility to you and Solfeg.io will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You hereby acknowledge and agree that the perpetual license granted to Solfeg.io by you in relation to User Content will continue after expiry or termination of any of the Agreements for any reason. All sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Warranty and disclaimer
Although Solfeg.io will endeavor to provide the Solfeg.io Service in the best possible way without interruptions, you understand and agree that the Solfeg.io Service is provided “as is” and “as available”, without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
- the use of the Solfeg.io Service and the Resources will meet your needs or requirements.
- the use of the Solfeg.io Service and the Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using the Solfeg.io Service and the Resources will be accurate or reliable, or
- any defects in the operation or functionality of Solfeg.io Service or any Resources we provide will be repaired or corrected.
You are using the Solfeg.io Service and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained through the use of the Solfeg.io Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Resources. Solfeg.io and all owners of the Resources make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Solfeg.io, its licensors, partners nor any owner of Resources warrants that the Solfeg.io Service is free of malware or other harmful components. In addition, Solfeg.io makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the resources thereof), User Content, or any other product or service offered by a third party on or through the Solfeg.io Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Solfeg.io is not responsible or liable for any communication between users or any transaction between you and third party through the Solfeg.io Service. No information or advice, whether expressed, implied, oral or written, obtained by you from SIA Solfegio or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
This section shall apply to the greatest possible extent permitted under applicable law.
You hereby agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Solfeg.io service is to uninstall any Solfeg.io software and to stop using the Solfeg.io Service. While Solfeg.io accepts no responsibility for third party services or the resources thereof, and while your relationship with such third party services may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Solfeg.io, for any problems or dissatisfaction with third party applications or the resources thereof, is to uninstall and/or stop using any such third party services.
To the fullest extent permitted by law, in no event will Solfeg.io, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Solfeg.io Service, third party applications, or third party application content, regardless of legal theory, without regard to whether Solfeg.io has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Solfeg.io Service, third party applications, or third party application content more than the amounts paid by you to Solfeg.io for the preceding twelve months prior to the relevant liability arose, to the extent permissible by applicable law.
Nothing in the Agreements removes or limits Solfeg.io’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Solfeg.io and its parent company, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms; (2) any User Content; (3) any activity in which you engage on or through the Solfeg.io Service; and (4) your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Other than as stated in this section or as explicitly agreed upon in writing between you and Solfeg.io, the Agreements constitute all the terms and conditions agreed upon between you and Solfeg.io and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Solfeg.io or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Solfeg.io’s or the applicable third party beneficiary’s right to do so.
Solfeg.io may assign the Agreements or any part of them, and Solfeg.io may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Governing Law / Jurisdiction
The Services are controlled by SIA Solfeg.io from our offices located in Riga, Latvia. They can be accessed by most countries around the world. As each country has laws that may differ from those of Latvia, by accessing our Services, you agree that the statutes and laws of Latvia, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services. Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Riga, Latvia. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Acceptable Use Policy
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”).
Wherein, you understand that:
- In order to access our Services and Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services and Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any Solfeg.io employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with the Agreements, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless Solfeg.io and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such an event, you shall provide us with such cooperation as is reasonably requested by us.