1. SCOPE OF APPLICATION

The parties agree that their relations will be governed exclusively by this contract. The service provider is TOMBOOKS SARL, a company with registered office at Avenue Mon-Repos 22, 1005 Lausanne, registered in the trade register under the number CHE-116.042.051, owner and operator of the Tomplay platforms.

Tomplay provides subscription and online sales services that allow our members to access Interactive Sheet Music ("Tomplay content") available on our website tomplay.com or in the Tomplay dedicated apps (PC, Mac, IOS, Android). These Terms of Use govern your use of our services. As used in these Terms of Use, "Tomplay service(s)", "our service(s)" or "the service(s)" means the personalized service(s) provided by Tomplay for discovering and using Tomplay content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

2. ACCES TO THE SERVICE

Tomplay services are offered via a “Freemium” model. You can download Tomplay for free and can test a certain number of Sheet Music titles without charge after creating an account. You have then the possibility, at your choice, to purchase additional sheet music titles by the unit or to download them through a subscription granting you access to our catalogue.

Once a Sheet Music has been purchased or downloaded via a subscription, you are allowed to: - To strictly privately use the digital version of the Sheet Music, available on tomplay.com or in the Tomplay apps. - To print the Sheet Music if this functionality is available. We reserve the right to block the printing feature on certain scores, in particular if one of the copyright-owners requires it. The printing feature is not available during free trials.

You do not have the right to: - Extract the sheet music or the audio files for storage on your own or other device - Redistribute the sheet music in any form or file format for commercial or any other purposes - Alter, edit or tamper with the sheet music file or print-out, other than alterations authorised by Tomplay, such as the additional of personal annotations through the Tomplay annotation system, for your personal usage or the one of your students if you are a music teacher.

You can access your purchases and the score you downloaded with the subscription on three devices maximum. You can manage your devices on our website tomplay.com by logging in to your account and click on “my account, my informations”.

Please refer to section 3. Usage and intellectual property for more details.

2.1 Purchase of sheet music by the unit or as “collections”

You can purchase sheet music by the unit or as «collections» containing multiple sheet music titles and sometimes offered with a discount. The purchase of sheet music titles grants access to the digital version of the sheet music as proposed on our website tomplay.com or in the Tomplay apps for unlimited time.

2.2 Subscription

2.2.1 Functioning of the subscription:

You have also the possibility to subscribe to a general monthy or yearly subscription, granting you access to the entire Tomplay catalogue, for all instruments, except a limited number of specific pieces such as TomTheory, our music theory product, or other pieces for large ensembles. Your subscription automatically renews at the end of your current subscription period unless auto-renew is turned off at least 24 hours prior to end of the current period or unless we cancel it. If you cancel your subscription, you will continue to have access to your scores until the end of the current subscription period. The access to your scores will be then blocked and can be unblocked if you subscribe again.

The number of free printings is limited for monthly subscribers to 4 music pieces per month and for yearly subscribers to 48 music pieces per year. Verified teachers can print for free up to 8 music pieces per month (monthly subscribers) or up to 96 music pieces per year (yearly subscribers). Once you do not have any more free printings available, you have the possibility to purchase extra printing packs.  It is not possible to print during a free trial. You do not have the right to print during a free trial. You can, however, skip the free trial in which case you will be entitled with immediate effect to all rights relating to your subscription including the print rights and you will be charged immediately and automatically for the full price for the whole term of your subscription. Details and advantages of the Tomplay subscriptions are available here: https://tomplay.com/premium

2.2.2 Subscription plans and promotions:

We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations. You will find details about your Tomplay subscription (i) by visiting our website tomplay.com, logging in your account and clicking on “my account, my information and subscription” or (ii) if subscribed through an intermediary or a third party in your personal space on his platform.

2.2.3 Free trials:

Your Tomplay subscription may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service. Usage restrictions, for example related to the maximum number of devices used under the same Tomplay account may apply at our sole discretion. Only new members and members who have not already benefitted from them are eligible to free trials.

Free trial eligibility is determined by Tomplay at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Tomplay subscription to determine eligibility. For combinations with other offers, restrictions may apply.

Tomplay or, according to the case, its intermediary or third party reseller will charge the subscription fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. You can view the subscription costs or the end date of your free trial period, (i) by visiting our website tomplay.com, logging in your account and clicking on “my account, my information and subscription” or (ii) if subscribed through an intermediary or a third party in your personal space on his platform.

2.2.4 Billing cycles

The membership fee for the Tomplay service will be charged to your Payment Method on the specific billing date indicated on (i) “my account, my information and subscription” on the Tomplay website or (ii) if subscribed through an intermediary or a third party in your personal space on his platform. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.

Tomplay offers the possibility to skip a free trial in which case you will be entitled with immediate effect to all rights relating to your subscription including the print rights and you will be charged immediately and automatically for the full price for the whole term of your subscription.

2.2.5 Payment Methods

To use the Tomplay service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

You can update your Payment Methods by going on (i) “my account, my information and subscription” on the Tomplay website or (ii) if subscribed through an intermediary or a third party in your personal space on his platform. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

2.2.6 Cancellation

You may cancel your Tomplay subscription at any time for the end of the billing period (yearly or monthly depending on your subscription), and you will continue to have access to the Tomplay service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial - month membership periods or unused Tomplay content. You can cancel your subscription in (i) “my account, my information and subscription” on the Tomplay website or (ii) if subscribed through an intermediary or a third party in your personal space on his platform. If you cancel your subscription, you will automatically loose the access to your scores at the end of the current billing period. If you signed up for Tomplay using your account with a third party as a Payment Method and wish to cancel your Tomplay subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Tomplay service through that third party.

2.3 Withdrawal

With regard to the supply of digital content not supplied on a tangible medium whose performance has begun with the express prior consent of the user in accordance with Article 16 letter m) of Directive 2011/83/EU, there is no right of withdrawal, neither for subscriptions nor for purchases of digital scores.

That said, you have the right to test for free our products/services and to ensure with no cost that they match your expectations, either through the free download of the tests scores or through the 14-days free trial we offer with our yearly subscription and which grants unlimited access to our catalogue. You have the right to cancel your subscription during the 14-days free trial, without any cost. At the end of the free trial period, the paid subscription starts immediately and automatically and you recognise and consequently accept that you do not benefit from a withdrawal right. If you skip a free trial, the paid subscription starts immediately and automatically and you recognise and consequently accept that you do not benefit from a withdrawal right. In the case of a subscription without a free trial (monthly subscription for example), the subscription starts immediately and you accept that you do not benefit from any right of withdrawal. As a consequence, no withdrawal or refund request will be accepted after the free trial period.

3. DEVICE AND SYSTEM REQUIREMENT

Tomplay service is available directly on the website www.tomplay.com (as a webapp) or through Tomplay dedicated apps (PC, Mac, IOS, Android).

Use of the Tomplay service requires a compatible computer system and Internet access. As use of the service requires hardware, software and Internet access, the User's ability to access the service may be affected by their performance of these.

You acknowledge and accept that these technical requirements, which may change from time to time, are your responsibility. The service is not part of any product or offer, and no purchase or acquisition of any other product whatsoever can be interpreted as procuring for or guaranteeing the user access to the service.

3. USE AND INTELLECTUAL PROPRETY

3.1 All documents, texts, works and illustrations and audio files to which, in the context of the services that are the subject of these Terms of UseTomplay provides access either directly or via the intermediary of a sub-licensed third party, are protected by copyright and by database law, in accordance with the intellectual property law rules applying in the relevant country.

3.2 The Tomplay service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Tomplay subscription we grant you a limited, non-exclusive, non-transferable right to access the Tomplay service. Except for the foregoing, no right, title or interest shall be transferred to you.

3.3 You agree not to archive, reproduce, screenshot, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Tomplay service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Tomplay service; use any robot, spider, scraper or other automated means to access the Tomplay service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Tomplay service; insert any code or product or manipulate the content of the Tomplay service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Tomplay 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 are engaged in illegal or fraudulent use of the service.

3.4 You can access your Tomplay account on a maximum number of three devices.

4 GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. Any litigation in relation with these Terms of Use shall be submitted to the exclusive jurisdiction of the courts of Lausanne Switzerland.

5. UNSOLICITED MATERIAL

Tomplay does not accept unsolicited materials or ideas for Tomplay content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Tomplay.

6. CUSTOMER SUPPORT

To obtain more information about our service and its features or if you need help to use your account, you can contact us through the contact-us page on our website: https://tomplay.com/fr/contact

7. SURVIVAL

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8. CHANGE TO TERMS OF USE

Tomplay may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.

9. ELECTRONIC COMMUNICATIONS

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last update : 10 July 2020