Document

Terms and Conditions

  1. Introduction

    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: amministrazione@marfiltech.com, pec: marfil_technology@legalmail.it), 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 governed by FollowTheNotes’s Privacy Policy (the “Privacy Policy” link) and by other relevant documents.
    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.
    1.3 Your agreement with us includes the present Terms, the Privacy Policy and all the 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 guide” (link).

  2. 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 cancellation.
    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 subscription period.
    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 quality.

  3. 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.

  4. 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 remaining term.
    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.

  5. Rights granted and use restrictions

    5.1 You undertake to use the Service according to the use allowed and that is proper to it.
    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 services.

  6. 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.

  7. 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.

  8. 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 therefore prohibited. 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 Marfil.

  9. Disclaimer

    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 prohibited.
    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.

  10. 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. Final Provisions

    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 systems.
    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 (amministrazione@marfiltech.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 legally ineffective.