General Terms and Conditions

 § 1 Scope of application

 

(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our website between us, the

MASIPA UG (limited liability) 

Lindenallee 2, 18147 Rostock 

Managing Director: Simon Brzoska 

Local court Rostock 

HRB 15506 

Phone: 01579-2501600 

Mail: info@intonica.de 

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

 

(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.

 

(3) MASIPA offers subscription services that allow users to view interactive sheet music on our website www.intonica.de as well as stream musical works in very high quality. The software is hereinafter referred to as "Intonica".

 

(4) The version of the GTC valid at the time of the conclusion of the contract shall apply.

 

(5) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

 

(6) These general terms and conditions govern the conditions for registration and use of the website and the services offered on it. Any user who accesses, registers and uses the website must have read and accepted them without reservation. Access to the Website implies the application of the terms and conditions defined below. Any user who does not wish to accept these terms and conditions must therefore refrain from using the website.

 

§ 2 Conclusion of contract and access to the service

 

(1) You can create a user account and will then be asked to conclude a contract for a subscription model. The provision of the services - even if it is against payment of a sum of money - does not constitute a sale, but a provision of services under which the user is granted by MASIPA a non-exclusive, non-transferable licence for the personal use of said services throughout the world, for the duration of his subscription. The subscription gives you unlimited access to Intonica and its content. The use of the digital sheet music and streaming content is authorized for personal use only.

 

(2) You can sign up for a monthly subscription on our website that gives you full access to Intonica content. Your subscription will automatically renew at the end of your current subscription period unless you turn off auto-renewal before the end of the current period or we cancel it. If you cancel your subscription, you will continue to have access to the Content until the end of the current subscription period. Accordingly, you may cancel your subscription on a monthly basis. Access to the content will then be blocked and may be unblocked when you re-subscribe.

 

(3) Your Intonica subscription may begin with a free trial period. The duration of the free trial period of your membership will be specified at sign-up and is intended to allow new members to test the service. Usage restrictions, such as those regarding the maximum number of devices used under the same Intonica account, may apply at our sole discretion. Only new members and members who have not already benefited are eligible for free trials.

 

Eligibility for free trials is determined by MASIPA in its sole discretion, and we may limit eligibility or duration to prevent abuse of free trials. We reserve the right to revoke the free trial and suspend your account if we determine that you are not eligible. We may use information such as device ID or an account email address used with an existing or recent Intonica subscription to determine eligibility. Restrictions may apply to combinations with other offers.

 

MASIPA will deduct the subscription fee for the next billing cycle from your payment method at the end of the free trial period, unless you cancel your subscription before the end of the free trial period. You may view the subscription cost or end date of your free trial period by visiting our website at 

www.intonica.de, logging into your account and clicking on "My Account and Subscription".

 

(4) The membership fee for the Intonica service will be charged to your payment method on the specific billing date indicated on "My Account and Subscription" on the Intonica website.

 

(5) You may cancel your Intonica subscription at any time at the end of your billing period and you will continue to have access to the Service until the end of your billing period. Payments are non-refundable and we do not offer refunds or credits for partial months of membership or unused Intonica content. You can cancel your subscription by visiting "My Account and Subscription" on the Intonica website.

 

(6) The Intonica service is available directly on the website www.intonica.de (as a web app). Use of the Intonica Service requires a compatible computer system and Internet access. Because use of the Service requires hardware, software and Internet access, User's ability to access the Service may be affected by the performance of these components. You acknowledge and agree that these technical requirements, which may change from time to time, are your responsibility. The Service is not part of any product or offering, and no purchase or acquisition of any other product shall be construed as providing or guaranteeing User access to the Service.

 

§ 3 Payment procedure

 

(1) For online payment, the User accesses a secure server certified by a certification authority. The User must provide the number of his bank card or another payment method when completing the online payment form. The transaction is then carried out in accordance with the banks' security standards. In this context, MASIPA neither has access to nor keeps the user's bank card number. By submitting his bank card number, the user accepts in advance and unconditionally that MASIPA will carry out the secure transaction. The user thus authorizes his bank to debit his bank card based on the records or statements transmitted by MASIPA, even if there are no signed invoices. The authorisation to debit the bank card is always given for the amount of the order and/or subscription as invoiced by MASIPA. The bank card will then be charged in accordance with the authorization given by the user on the website and in full compliance with these General Terms and Conditions. If, for any reason (objection, refusal by the issuing body, etc.), it is not possible to debit the amounts due, the order placed and/or the subscription taken out will not be registered by MASIPA and the user will not be able to benefit from the associated services.

 

(2) Payments are processed in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, viewable at https://stripe.com/de/terms, to which the Seller assigns its payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In the event of assignment, payment can only be made to Stripe with debt-discharging effect. The credit card will be charged immediately after the subscription is completed or 2 days via SEPA direct debit. At Stripe you have several options to complete the payment process.

 

§ 4 Right of withdrawal

 

(1) There is no right of revocation for the delivery of digital content that is not delivered on a tangible data carrier and whose performance has begun with the express prior consent of the user pursuant to §356 (5) BGB.

 

(2) However, you have the right to try our products/services for free and make sure they meet your expectations. The 7-day free trial we offer with our subscription gives you unlimited access. You have the right to cancel your subscription during the 7-day free trial period at no cost to you. Upon expiration of the free trial period, the paid subscription will begin immediately and automatically, and you acknowledge and consequently accept that you have no right to cancel. Consequently, no request for cancellation or refund will be accepted after the free trial period.

 

§ 5 Liability

 

(1) For its part, MASIPA undertakes, in respect of the elements of the website published by MASIPA and, in particular, in respect of the services offered there, to comply with the rules of art and regulations applicable to the services vis-à-vis the user.

 

(2) Within the scope of the duty of care incumbent upon it, MASIPA shall make the necessary efforts to provide the user with uninterrupted access to the web app and the services. However, MASIPA cannot guarantee that the site and the services will always be accessible and function properly. It takes the necessary measures to ensure their availability. However, for technical reasons, temporary interruption of the Site and/or Services is possible. MASIPA will do its best to inform the user of the nature and duration of the interruptions, but cannot be held liable for the unavailability of the Site or any of the Services.

 

(3) MASIPA cannot be held liable if the user is unable to use all or part of the website and/or services due to a technical defect or problem, including but not limited to: Internet network overload, Internet service provider failure, human or electrical error, malicious intervention, software or hardware malfunction and/or force majeure.

 

(4) In addition, it shall not be liable for any indirect damage (loss of data, financial loss, loss of profits, loss of opportunities) that a user may suffer as a result of the Website and/or any of the Services, for any reason whatsoever, in particular as a result of the connection to the Website, the impossibility of accessing or connecting to the Website, or the non-functioning or inability to function of all or part of the Services. In particular, damages that may result from inaccurate content, errors, slowdown or interruption of transmission, loss, disappearance or alteration of data, viruses of whatever origin, intrusion by third parties and, more generally, from the use of the Website or a Service or the impossibility of using it, are covered.

 

§ 6 Copyrights and Terms of Use

 

(1) All documents, texts, works and illustrations, as well as audio files to which MASIPA grants access, either directly or through the intermediary of a sublicensed third party, within the framework of the services which are the subject of these Terms of Use, are protected by copyright and database right in accordance with the intellectual property regulations in force in the country concerned.

 

(2) The Intonica Service and any content accessed through the Service is for your personal and non-commercial use only and may not be shared with anyone outside your household. During your Intonica subscription, we grant you a limited, non-exclusive, non-transferable right to access the Intonica Service. Except as set forth above, no right, title or interest is transferred to you.

 

(3) You agree not to archive, reproduce, screenshot, distribute, publish, license, create derivative works from, offer for sale, or use (except as expressly permitted in these Terms of Use) any content or information contained on or obtained through the Intonica Service. You also agree not to circumvent, remove, modify, disable, degrade or thwart any of the content protection mechanisms of the Intonica Service; use any robot, spider, scraper or other automated means to access the Intonica Service; not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Intonica Service; not to insert any code or product or tamper with the content of the Intonica Service in any way; not to use any data mining, collection or extraction methods. In addition, you agree not to upload, post, email or otherwise transmit any material that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to the Intonica Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Service if you violate these Terms of Use or engage in illegal or fraudulent use of the Service.

 

(4) You can access your Intonica account with a maximum of three devices.

 

§ 7 Customer service

For more information about our service and its features, or if you need help using your account, you can contact us through the Contact Us page on our website: www.intonica.de/kontakt. 

 

§ 8 Modification of the terms of use

 

Intonica may change the Terms of Use. We will notify you at least 30 days before such changes apply to you. 

 

§ 9 Electronic communication

 

We will only send you information relating to your account (e.g. payment authorisations, invoices, changes to your password or payment method, confirmation messages, notices) in electronic form, e.g. by email to the email address you provided during registration.

 

§ 10 Applicable law and place of jurisdiction

 

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

 

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, MASIPA UG (haftungsbeschränkt). Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

 

(3) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.