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Terms of Use – Solfy

Terms of Use governing access to and use of the Solfy platform and services.

These Terms of Use (hereinafter the “Terms” or “TOU”) govern the relationship between Solfy on the one hand and the User, as defined below, on the other hand. The company SOLFY, a simplified joint-stock company (société par actions simplifiée), with a share capital of €121,918, whose registered office is located at 99A Boulevard Constantin Descat, Tourcoing (59200), France, registered with the Lille Métropole Trade and Companies Register under number 939 453 973, has developed and operates a software tool for music learning.

Definitions

Subscriber means any natural person of legal age with the legal capacity to contract, acting for purposes that fall outside their trade, business, craft or profession, who has subscribed to a Subscription with the Provider. The Subscriber may also be referred to as the Client and/or the User.

Application means the application software published and operated by Solfy, accessible by download from the stores (App Store, Google Play) or in SaaS mode via a web interface, enabling the Subscriber to access the Services as defined in the Terms of Sale. The Application includes all features, modules, updates, patches, developments, new versions and any associated documentation. It is accessible online through the technical means described by Solfy.

Account means the online space created and reserved for the User when they access the Site or the Application using their login credentials.

Terms of Sale (or TOS) means the contractual terms applicable between Subscribers and Solfy.

Terms of Use means these terms.

Consumer means a natural person acting for purposes that fall outside their trade, business, craft or profession. These Terms apply only to consumers.

Contract means the agreement on the services and price between the Parties giving rise to the Subscription and the provision of the Platform by the Provider to the Client, upon subscription to the Services, materialized by acceptance of these Terms.

Personal data means any information relating to an identified or identifiable natural person.

Teacher means any natural person responsible for music teaching within an Establishment, duly authorized by that Establishment to use the Platform for educational purposes, including for monitoring, supporting and assessing students, without being a party to the contract concluded between the Provider and the Subscriber, unless otherwise stipulated.

Establishment(s) means any legal person or entity, public or private, such as a music school, conservatory, association, local authority or any other music education organization, that subscribes to a Subscription to the digital music-learning tool for the needs of its educational activity and on behalf of its teachers and/or students.

Party / Parties means the Provider and/or the User, taken together or separately.

Platform means all technical and software infrastructures made available by Solfy, accessible via the Site or the Application, enabling Users to access the Services. The Platform includes the user interface, databases, available features, and any development, update or new version provided by Solfy.

Provider means the company Solfy described above, offering its services to the Client.

Service performance(s) means the music lesson service offered by the Provider to the Client.

Service(s) means all digital features, content and performances made available to Subscribers by the Provider via the Platform under a Subscription, including in particular access to music-theory learning modules, interactive exercises, digital educational content, and pedagogical monitoring and support tools used by Teachers, subject to the terms and limits set out in these Terms.

Site means Solfy’s website: https://solfy.io/

User means the Subscriber as well as the Establishment, or any natural person authorized to use the User’s account on Solfy’s Platform or Site.

Article 1 – Purpose of the Terms

Solfy’s website and associated services are operated by Solfy. Use of the Services and access to the Site and its associated services are governed by and subject to these Terms.

Article 2 – Content and Acceptance

2.1

These Terms define the conditions under which Solfy provides the Service to the Subscriber and those under which the Establishment accesses the Platform and the Subscriber’s exercises.

2.2

These Terms are concluded upon their acceptance by the User.

  • For the Subscriber, such acceptance occurs each time the Subscriber connects to the Platform and for the duration of that connection. Without prior acceptance of the Terms, the Subscriber may not benefit from the Service.
  • For the Establishment or the Teacher, such acceptance occurs each time they access their Account. Without prior acceptance of the Terms, the Establishment or the Teacher may not access the Platform.

Article 3 – Access to the Platform

3.1

Access to the Platform requires an Internet connection and may be obtained:

  • either via an Internet browser supported by the Platform, such as Mozilla Firefox, Google Chrome or Microsoft Edge, updated to their latest version;
  • or via a dedicated mobile application, downloadable from the official distribution platforms compatible with the User’s device.

3.2

The Subscriber User accesses the Platform and their client Account by means of their Credentials, under the specific rules governing use of that means of access. A User who does not have Credentials cannot access Solfy’s paid Services.

Article 4 – Use of the Platform

4.1

Via their client Account, the User may upload to the Platform files necessary for their music learning, including audio, video, image, document or score files, in the following formats: MP3, WAV, MP4, PDF, JPG, PNG, subject to the volume and storage limits indicated on the Platform.

Files may be uploaded directly from a smartphone, tablet or computer.

The User is solely responsible for the files they upload and for their content. In this respect, the User undertakes to:

  • use the Platform exclusively for educational purposes, in the context of learning music theory and/or a musical instrument;
  • not use the Service for unlawful purposes, including by uploading files containing content contrary to the law or to public morals;
  • not upload works, sound recordings, scores or content protected by intellectual property rights without holding the necessary rights or authorizations;
  • not introduce, whether intentionally or unintentionally, files containing viruses, malware or any program liable to impair the operation of the Platform.

The User acknowledges that Solfy declines all liability, both towards the User and towards the Establishment, in the event of upload of unlawful, unauthorized or harmful files.

4.2

Content uploaded or generated on the Platform may be viewed and, where applicable, downloaded by the User and by the Establishment strictly within the framework of educational monitoring.

Where a download link is made available, it is strictly personal, valid for a limited period indicated on the Platform, and may not be shared with third parties.

Solfy reserves the right to modify or remove access to uploaded or downloadable content, including in the event of termination of the Subscription or deletion of the Account.

Upon termination, the User loses access to their Account and to all of their content, without any possibility of recovery, subject to legal retention obligations.

The Establishment may, however, retain access to students’ educational history for internal monitoring and archiving purposes.

4.3

The Platform is made available exclusively for educational, professional and school purposes. Any use for personal, commercial or non-music-learning purposes is strictly prohibited.

Solfy grants the Establishment and authorized Users, for the term of the Contract, a non-exclusive, personal, non-assignable and non-transferable license to access and use the Platform, solely for the needs of music teaching and pedagogical monitoring of students.

This license does not entail any transfer of intellectual property in the Platform, its features, content, tools or interfaces, which remain the exclusive property of Solfy.

Any use not compliant with these Terms may result in suspension or deletion of access to the Platform, without prejudice to any claim for liability.

Article 5 – Support – Maintenance

Solfy provides the User with technical support relating to the Platform, under the terms set out in the Documentation.

If the User encounters difficulties with the Platform or any downloadable document, they must refer the matter to Solfy in order to find a solution.

Solfy will also use its best efforts to ensure corrective and evolutionary maintenance of the Platform.

Article 6 – Intellectual property

6.1

The Provider is the exclusive owner of all intellectual property rights in the photographs, presentations, videos, studies, labels, brochures, etc. produced and made available to the Subscriber on the Site, the Application and/or the Platform. The User shall not reproduce or exploit photographs, duplicate videos, lessons, exercises, presentations, studies, labels, brochures, etc., without the Provider’s prior express written authorization.

The User acknowledges that no ownership is transferred to them, and that no right or license is granted other than a right to use the Platform for their own account and to benefit from the Services for the term of the Contract.

6.2

The User is the owner of and solely responsible for all sounds, videos, photographs or any other element they publish and insert on the Platform, as well as all exercise results, lessons and learning monitoring data.

Solfy may use them exclusively in the context of the Services.

6.3

The User shall not infringe Solfy’s economic and moral rights in the Site, the Application and all elements they may use.

Accordingly, the User shall not engage in any use not expressly provided for by law or not expressly authorized by the Contract.

The User undertakes to strictly comply with the rules on use, publication or reproduction; any breach may result in suspension of the Service and/or legal action for liability.

Article 7 – Liability

7.1

Solfy is liable, in respect of the Service and towards the User, only for direct damage caused by it, its employees and subcontractors, subject to the following.

It is expressly agreed that the following losses shall not be compensated by Solfy, even if they were directly caused by a failure to perform its contractual obligations:

  • harm to reputation or image;
  • failure to obtain an examination or skills assessment.

7.2

Furthermore, Solfy’s liability shall in no event be engaged in the following cases, whatever the nature of the damage:

  • Malfunction of the Platform linked to telecommunications, Internet or telephone network issues;
  • Malfunction attributable to the User or to their IT tools;
  • Authentication defect or error attributable to the User, including in the event of loss, theft or unauthorized use of their client Account credentials;
  • The relationship between the User and the Establishment;
  • Any decision taken by the Establishment, a management body, an employer or an educational supervisor on the basis of information, content, analyses, tools or features made available via the Service, including in connection with assessment, monitoring, organization, supervision or control of teachers’ educational activity;
  • Any professional, contractual or disciplinary consequence affecting a teacher or a user, including, without limitation, non-recognition of skills, an unfavorable assessment, delay in delivering an educational program, failure to meet pedagogical objectives with students, a change of duties, termination or non-renewal of a contract, dismissal or loss of employment;
  • Any decision to eliminate, transform or replace positions, including through the use of digital, automated or artificial-intelligence-based tools such as the Services offered by Solfy, such decisions remaining exclusively the responsibility of the establishment or employer concerned;
  • more generally, any use of the Service for human resources management, hierarchical control, or individual or collective decision-making concerning teachers or users, Solfy in no way acting as employer, hierarchical superior, disciplinary authority or decision-maker.

7.3

In any event, if Solfy fails to meet its obligations under the Terms causing loss to the User, Solfy’s liability shall be limited, whatever the nature and legal basis of the claim against it, to the amount of one hundred (100) euros.

7.4

Such limitation of liability has been agreed between the Parties in consideration of the overall balance of the Terms.

Article 8 – User representations and warranties

8.1

The User warrants to Solfy that access to and use of the Service will comply with these Terms and with all laws, rules and regulations applicable under French law. The User further warrants that they created or own all content submitted and uploaded via the Service and that they have the right, where applicable, to grant a license to use such elements and/or materials as indicated above, or the right to assign them to Solfy as stipulated below.

8.2

The User represents and warrants that they are not established, domiciled or habitually resident in a State or territory subject to comprehensive economic or trade sanctions issued by the European Union or by any competent international authority applicable under French law.

The User also represents and warrants that they are not listed on any list of persons, entities or organizations subject to restrictive measures, asset freezes or prohibitions under applicable European or French regulations, and are not directly or indirectly subject to such sanctions.

Article 9 – Personal data protection

9.1

Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978 as amended by Act No. 2018-493 of 20 June 2018, in application of European Regulation 2016/679 of 27 April 2016 (the “GDPR”), it is recalled that the nominative data requested from the User for themselves or for any User on their Account are necessary for processing their Order, delivering personalized lessons and exercises, monitoring learning, the commercial relationship, issuing invoices, etc.

Subscriber and/or User data are strictly reserved for services relating to Platform activities, accounting and other authorized services, and are retained for the purposes set out above throughout the Subscription, not exceeding the ordinary legal limitation period of five (5) years from the end of the contractual relationship.

Such data may be disclosed to the Provider’s partners responsible for execution, processing, management and payment of orders, which the User expressly accepts.

9.2

In accordance with applicable national and European regulations, the User has a permanent right of access, modification, rectification, objection, portability and restriction of processing concerning information relating to them. They may exercise this right by email: contact@solfy.io, or by post to the Personal Data Service, at the address stated in the preamble.

This right may be exercised under the conditions and according to the procedures defined on the Site.

9.3

Failing a satisfactory response within thirty (30) days or in the event of a violation of their rights, any person may lodge a complaint with the CNIL (French data protection authority). The User may also object to processing concerning them on legitimate grounds. Solfy’s policy is available at the following link: Privacy policy - Solfy.

Article 10 – Miscellaneous provisions

10.1

If any provision of these Terms is held to be invalid, that shall not affect the validity of the remaining provisions of the Terms.

10.2

Any waiver by either Party of the right to invoke the existence or total or partial breach of any provision of the Terms, whatever its duration, shall not constitute a modification or deletion of that provision, or a waiver by that Party of the right to invoke prior, concurrent or subsequent breaches of the same or other provisions.

10.3

Pursuant to Article L. 223-2 of the French Consumer Code, the User is reminded of their right to register free of charge on a list opposing cold calling.

Article 11 – Consumer mediation

In the event of a dispute, the Parties agree to seek an amicable settlement.

The User may free of charge refer the matter to a consumer mediator in accordance with Articles L. 612-1 et seq. of the French Consumer Code.

A list of accredited mediators is available on the consumer mediation website at: https://www.economie.gouv.fr/mediation-conso

The Subscriber may also file a complaint via the online dispute resolution platform available at: https://ec.europa.eu/consumers/odr

Article 12 – Language, governing law and dispute resolution

12.1

These Terms are drafted in French. In the event of translation, the French version of the Terms shall always prevail.

12.2

These Terms are governed by French law.

12.3

IN THE EVENT OF A DISPUTE REGARDING THE APPLICATION, VALIDITY, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THESE TERMS AND THEIR CONSEQUENCES AND AFTERMATH, AND FAILING AN AMICABLE SETTLEMENT, THE PARTIES AGREE THAT THE DISPUTE SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER ORDINARY LAW.

SOLFY SAS – July 2026.