1.1 The present “General Terms and Conditions of FollowTheNotes’ license agreement”
(hereinafeter the “Terms”) apply to you and Marfil Technology s.r.l., a Italian Entity
(email: email@example.com, pec: firstname.lastname@example.org), with
office in Turin, 10122, Str. Pietro Micca n° 20, C.F./P.IVA 12199020012 (hereinafter “Marfil”
or “us/we”) regarding your use of FollowTheNotes’s applications, services, products,
websites and all content and software related to our services (collectively the
“Services” or “Service” or “FTN” or “FollowTheNotes” ). Use of the services is also
1.2 By using the Service (for which you may be required to register on Apple Store or
Google Play Store) including by subscription purchasing or receiving a “license gift”
you are entering into a binding contract with Marfil.
relevant policies, user guide and documents that rule the service (hereinafeter
collectively the “Agreement” or “License Agreement”).
Please read these Terms and all the documents and relevant policies of the
Agreement carefully as they form the legal framework for the use of FTN.
1.4 FollowTheNotes offers you an incomparable experience of music learning with
which you can learn to play an instrument by yourself and that allows you to growth
musically through a series of parameters to set on the starting level, in a simple way
and through an interactive control of each results, as better descripted in the “user
Subscriptions, price changes
2.1 Subscription purchases are charged to your Apple Store or Google Play Store
account after the confirmation of purchase; if any “trial period” is provided, the cost of
the chosen plan will be charged on your account after its expiring without
2.2 To use the App, you must have an Apple Store or Google Play Store account,
associated to a valid payment method.
2.3 The subscription plans and the related prices may vary over time and will be
illustrated on the website or on the Apple Store or Google Play Store.
2.4 All subscriptions will automatically renew, except if the renewal is cancelled at
least 24 hours prior to the end of the current subscription period. The price of the
renewal will be equal to that of the original subscription chosen, except changes
promptly published on the web site of FollowTheNotes or notified by mail to the email
address indicated at time of subscription or by a corresponding note when using FTN
and will be credited to your Apple Store or Google Play Store account, 24 hours before
the end of the current period. Applying any price changes to your subscription or
charging your payment details in connection with an automatic renewal applying
new price is subject to your approval of the changed pricing. In accordance with
applicable law, you accept the price change by continuing to use the Services after
the price change takes effect. If you do not accept this price change, you have the
right to refuse the change by cancelling the subscription to Paid Content at least 24
hours before the price change takes effect.
2.5 You can manage your subscription and cancel the automatic renewal by accessing
the application’s Apple Store Page or Google Play Store page after purchase.Subscriptions are non-refundable and cannot be canceled during an active
2.6 Prices quoted on FTN shall be understood including the statutory value added tax
valid at the time.
2.7 In the event that it is not possible to charge the subscription costs on the payment
methods indicated, the user will have to indicate a valid payment method within 3
days, otherwise its plan will be canceled. If you provide us with details of a new
payment method and the charge is successfully completed within 3 days, your plan
will be renewed and start from the expiration date of the previous subscription and
not from the date on which the payment was made.
2.8 The learning contents are professionally produced and free of advertising.
Subscription fees are necessary to ensure a high standard of technology and learning
Scope of Application, Definitions
3.1 FTN shall exclusively address private individuals or consumers of full age, for
personal, non-commercial use only. A consumer is any natural person who concludes
a legal transaction for purposes which can predominantly be attributed neither to his
commercial nor his independent professional activity. Use by minors without the
consent of their legal guardians or by tradesmen is not permitted. Marfil therefore
reserves the right to immediately delete all data of minors or commercial users.
3.2 As the user purchases its FTN subscription from the Apple Store or from the
Google Play Store, they will also applied to the user respectively the Apple Store or the
Google Play Store’s terms and conditions of their services.
Changes, suspension and termination
4.1 Marfil is entitled to terminate the license agreement at any time without giving
reasons to the end of their contract period, except having to reimburse the price paid
by the user for the unused part of the service.
4.2 Marfil reserves the right to revise its Terms or make changes to the subscription
plan or prices, without stating reasons insofar as this is necessary due to changes in
the services of Marfil, the scope of FTN or due to legal changes or technical
developments. This shall apply in particular if new offers from Marfil require new
regulations. The User shall be notified of changes to the terms relevant by email or by
a corresponding note when using FTN or by web site. If the User continues to use the
App, with no object to the amended Terms, they shall be deemed to have been
accepted. In the event of an objection, Marfil may block the user account of the User,
in which case payments already made shall be reimbursed pro rata in relation to the
4.3 Your rights under the agreement, as defined at the art. 1.2, will automatically
terminate without notice if you are in breach of any provision related to a compliant
use of the Service. Marfil may terminate the agreement, or limit, suspend or terminate
your use and the Services at any time, for example when we believe that your use
violates the Terms, is improper, substantially exceeds or differs from the normal use of
other users of the Services here ruled or if it is characterized by acts of fraud or
inappropriate use of the Service or harms the interests of Marfil and other users of the
Services. If your access to the Services is limited, suspended or terminated, you may
not have access to them and you will not receive any refund or other compensation.
Rights granted and use restrictions
5.1 You undertake to use the Service according to the use allowed and that is proper to
5.2 By way of example and not exhaustive, you cannot, and undertake not to,
encourage, assist or authorize any other person to modify, copy, reproduce, reverse
engineer, disassemble or circumvent, disable or hack the Service or its source codes,
use the Services for fraudulent or abusive purposes, use the Services for any
commercial activities, attempt to gain unauthorized access to the Services, to
credentials or accounts registered to others or to the computers, servers, or networks
connected to the Services, engage in any act that Marfil deems to conflict with the
spirit or intent of this Agreement or the Services or make improper use of FTN’ support
Waiver to the Right of Withdrawal for Consumers
6.1 The user acknowledges that the eventual free trial is an appropriate period for the
decision to take out a subscription and that as by using of the Service the user
submits the present Terms, as above specified, the user enter into a license Agreement
with immediate execution, the right of withdrawal cannot be exercised in the
following 14 days and is expressly waived. In any case, the Apple Store or Google Play
Store policy remains on the subject.
Content and Availability of our Services and Liability
7.1 Marfil shall endeavor to ensure the proper operation of FTN at all times. However,
Marfil does not guarantee uninterrupted availability.
7.2 Marfil uses up-to-date and generally used technologies for its service. In order to be
able to use the Marfil service to the full extent, the user must also use these
technologies on his tablet or mobile phone. If older technologies or technologies
which are not generally in use are used, the User may only be able to use Marfil’s
Services to a limited extent.
7.3 Claims by the User for compensation are excluded in case of temporary
malfunction or interruption of the service.
Copyrights, Name and Trademark Rights, Patent, Property Rights
8.1 FollowTheNotes is a service registered under the Italian laws governing industrial
property. Any use other than that governed by these Terms and License Agreement is
8.2 Moreover, by way of non-exhaustive example all texts, images, musical notations,
cover arts, web site layout, randomic musical compositions and other works
distributed through our website or our applications are subject to industrial property
rights. Any use beyond the scope of the services provided requires the prior consent of
9.1 The music pieces, songs and exercises randomly produced by the App are owned
by Marfil and for educational e non commercial purposes only. Any use of the musical
pieces, songs and exercises, even partial, thus produced outside the platform is
9.2 Marfil declines all responsibility in case of total or partial coincidence with
protected works of others. Moreover, Marfil declines all responsibility in case of
unauthorized use of the App or of the music pieces, songs or exercises randomly
produced in case of infringing the rights of third parties.
Limitation of liability
10.1 Marfil recommends to use the Services appropriately, for a suitable duration and
with common sense. Instead, prolonged, inappropriate, uninterrupted use of the
services could be harmful to your health and / or your device. Exposure to artificial
light from your device, for example, could tire your eyes, uninterrupted use of the
musical instrument could lead to tendinitis or muscle discomfort. In addition, the
device may overheat or cause malfunctions.
10.2 Therefore, Marfil shall not be liable for any direct, indirect, consequential or othersimilar damages or injuries in any way whatsoever arising out of or relating to this
agreement or of the use of, or inability to use, the Services, including but not limited to
damages to property, personal injuries, loss of goodwill, lost profits, device failure or
malfunction, whether based on contract, tort or any other legal theory and whether or
not Marfil has been advised of the possibility of such damages.
By accessing the Services, you understand that you may be waiving rights with respect
to claims that are at this time unknown or unsuspected. You acknowledge that the
disclaimers, limitations and waivers of liability contained herein will survive any
termination of your account(s), agreement or any services.
11.1 Agreement between Marfil and the User is governed by the law of the Italian State.
11.2 You may also have the right to the application of certain rights to protect
consumers in accordance with the laws applicable in your country.
11.2 The parties exclude the application of the conflict of laws rules of private
international law insofar as these lead to the exclusive application of other legal
11.3 If the User is not domiciled in Italy, the place of jurisdiction shall be the registered
office of Marfil and the competence exclusively of the Turin Court.
11.4 If a dispute arises between you and Marfil, we strongly encourage you first contact
us directly through our contact details (email@example.com), for an
amicable settlement of the interests prior to referral to the Court.
11.5 The remaining parts of the terms shall remain binding even if individual points are