Flat - Terms of Service - Individual user
These Terms of Service applies to individual users. To view all our policies, check out the index. This is the current version of these terms, dated 5 January 2016.
1. Welcome to Flat
1.1. Flat operates a platform which allows you create, edit, share and collaborate on music scores using our website located at flat.io and the Flat application (available for download on your mobile device) (the “Service”).
1.2. The Service is operated by Tutteo Limited (“we”, “our”, or “us”).
2. Your relationship with us
2.1. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at firstname.lastname@example.org to discuss what this means for you.
2.2. By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.
3. Information about us
3.1. Tutteo Limited is incorporated and registered in England and Wales under company number 09734095. Our registered office is at 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom.
4. Information about you
5. Setting up an account
5.1. To access our Service, you must register with us and set up an account with an ID and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
5.2. You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Service.
5.4. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at email@example.com straight away to let us know.
6. Free and Premium Service
6.1. We offer two types of Service, a free service through which users can create, edit, collaborate on and share music scores (the “Free Service”) and a paid service which users can create a non-limited number of private music scores, print and export unbranded documents (i.e. without Flat mention or any watermark), use our advanced history (commercially called “Smart history”) and have the ability to select a MIDI output (the “Premium Service” using the product name “Flat Power”).
6.2. Details of the functionality you are provided with when using the Free Service or the Premium Service are available here https://flat.io/pricing.
6.3. Aside from your 14 day right to cancel (see section 8.1), you may cancel, upgrade or downgrade your Account at anytime as indicated in your Account settings for the Service. Any cancellation or downgrade of the Premium Service will take effect at the end of the period you have subscribed to the Premium Service for.
6.4. You will be permitted to use the functionality of the Free Service until we or you cancel your Account in accordance with these Terms of Service.
7. Your right to use the Service
7.1. The materials and content comprising the Service (excluding User Content) belongs to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.
7.2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
7.3. Other than as allowed in these Terms of Service you are not given a right to use the “Flat” name, or any of the “Flat” trademarks, logos, domain names and other distinctive brand features.
7.4. As part of our Service, we allow you to download our application (including any updates) from our site or via an app store (our “Application”) for use on your mobile device for the sole purpose of accessing and using our Service in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable licence for this sole purpose.
7.5. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
- (a) not to copy our Application or any portion of the Service;
- (b) not to give or sell or otherwise make available our Application or any portion of the Service to anybody else;
- (c) not to change our Application or any portion of the Service in any way;
- (d) not to look for or access the code of our Application or any portion of the Service that we have not expressly published publicly for general use.
7.6. You agree that all confidential information, copyright and other intellectual property rights in our Application or any portion of the Service belong to us or the people who have licenced us to use those rights.
7.7. You agree that you have no rights in or to our Application or any portion of the Service other than the right to use them in accordance with these Terms of Service
8.1. If you are in the EU, you have a right to cancel your subscription to the Premium Service without giving us any reason for up to 14 days after you signed up to the Premium Service. You can find further information in our Cancellation Policy, available at https://flat.io/legal/individual-cancellation.
8.2. If you would like to cancel your subscription to the Premium Service outside of the 14 day cancellation period, but carry on using the Premium Service until the end of your current subscription period, please read the following instructions: https://flat.io/settings/account/cancel-subscription.
8.3. Your subscription to the Premium Service might auto-renew at the end of the subscription period. If you want do not want your subscription to auto-renew, follow the instructions in our Cancellation Policy, available at https://flat.io/legal/individual-cancellation.
9. Flat Service
9.1. Flat is a platform which allows you to create, share and collaborate on music scores as permitted by the functionality of the Service and your Account.
9.2. We may from time to time provide social features on Flat such as social networking services where users can create online personal profiles and interact with other users.
9.3. Any use of the Flat social features should comply with our Rules of Acceptable Use below.
9.4. We do not oversee, monitor or moderate any social features we provide although we may remove content in contravention of these Terms of Service as set out below. If we do decide to moderate a social feature, we will make this clear before you use the feature and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10. Your content
10.1. You confirm that music, sounds, text or information that you make available or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use.
10.2. Private User Content
We do not claim ownership in your User Content. However, we need a licence to host your User Content, make sure it is available to you when you want it, make sure it works with Flat and to improve our Service. If you choose to keep your User Content “private”, you grant us a worldwide, nonexclusive and royalty-free licence to use, reproduce, adapt, reformat, modify, translate, licence and sub-licence the User Content anywhere and in any form only for the purpose of providing our Service (including allowing users you expressly select to view your User Content).
10.3. Public User Content
We do not claim ownership in your User Content. However, we need this licence to host your User Content, make sure it is available to you when you want it, make sure it works with Flat, to improve our Service and so that we share it with the wider Flat community and on social networks. If you choose to make your User Content “public”, you grant us a worldwide, nonexclusive and royalty-free licence to use, reproduce, distribute, adapt, reformat, modify, publish, translate, licence, sub-licence, and exploit the User Content anywhere and in any form only for the purpose of providing our Service (including allowing our users and other visitors to Flat to view your User Content).
10.5. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it breaks any of the Rules of Acceptable Use.
11. Rules of Acceptable Use
11.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
11.2. When using the Service you must not:
- (a) circumvent, disable or otherwise interfere with the integrity of or any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
- (b) create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service);
- (c) give any false or misleading information in your account details;
- (d) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Flat, if this is not the case;
- (e) permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you;
- (f) use the Service if we have suspended or banned you from using it;
- (g) send junk, spam or repetitive messages;
- (h) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
- (i) modify, interfere, intercept, disrupt or hack the Service;
- (j) misuse the Service by knowingly introducing, accessing or transmitting viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment;
- (k) collect any data from the Service other than in accordance with these Terms of Service;
- (l) submit or contribute any content that contains nudity or violence or is abusive, harmful, threatening, obscene, misleading, untrue or offensive;
- (m) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
- (n) use any User Content in violation of any licensing terms specified by the owner;
- (o) submit or contribute any information or commentary about another person without that person’s permission;
- (p) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
- (q) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time.
11.3. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
- (a) immediate, temporary or permanent withdrawal of your right to use our Service;
- (b) immediate, temporary or permanent removal of any User Content;
- (c) issuing of a warning to you;
- (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.4. The responses described in section 11.3. are not limited, and we may take any other action we reasonably deem appropriate.
12. Notice and takedown policy
12.1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to Tutteo Limited, 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom or by email to firstname.lastname@example.org. Please provide the information described below in the Infringement Notice:
- (a) your name and contact details;
- (b) a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
- (c) a link to or such other means of identifying the problematic content.
12.2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim respond to you within a reasonable period of time on the action we propose to take.
13.1. The fees for the Premium Service are available at https://flat.io/pricing (the “Fees”).
13.2. On signing up to the Premium Service, you will provide us with valid, up-to-date and complete credit or debit card details.
13.3. You hereby authorise us to charge such credit or debit card for the Fees [monthly][annually] in advance starting from the date you sign up to the Premium Service. You are responsible for keeping your credit or debit card details up-to-date.
13.4. If we are unsuccessful in charging your credit or debit card and have still not received payment within 14 days after informing you, and without affecting any other rights and remedies available to us we may, without responsibility to you, suspend or temporarily disable all or part of your access to the Premium Service and we shall be under no obligation to provide any or all of the Premium Service while the Fees concerned remain unpaid.
13.5. All amounts and Fees stated or referred to in these Terms of Service:
- (a) are payable in the currency you select;
- (b) are exclusive of value added tax (if applicable) unless otherwise expressly stated which shall be paid at the same time as payment of the Fees. We shall send you a VAT invoice if you request us to do so.
14. Ending our relationship
14.1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
14.2. If you wish to end your use of the Service, please follow these instructions for deactivating your account in the settings feature of our Service.
14.3. If you fail to pay any sum due to us and such sum remains outstanding for a further fourteen (14) days following notice requiring such sum to be paid we may cancel your Account immediately by notice and without responsibility to you.
14.4. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
14.5. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content.
14.6. If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.
15. Disclaimer: User Content
15.1. Our Service makes available User Content and we do not produce User Content and cannot be responsible for it in anyway.
15.2. Where you follow a link to other sites or resources and make a purchase from that site or resource the purchase is solely between you and the seller. Complaints, questions and claims related to the sale item should be directed to the seller.
15.3. We are not the seller of any item you purchase from third parties, we have no control and do not give any commitment relating to the existence, quality, genuineness of the item, the truth or accuracy of the picture or description of the item or any other content made available by the third party.
16. Our liability/responsibility to you
16.1. Unfortunately, due to the nature of the Internet and technology, the Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
16.2. To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of Service.
16.3. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
17. Resolving disputes
17.1. If you have a dispute with us relating to the Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
17.2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
18. Changes to the Service
18.1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
18.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use and your User Content (“Service elements”). Any changes to the Service could involve your Service elements being deleted or reset.
18.3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account in the settings feature of the Service.
18.4. We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.
19. Changes to the documents
19.1. We may revise these Terms of Service from time to time but the most current version will always be at firstname.lastname@example.org.
19.2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
19.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
19.4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice
20. Documents that apply to our relationship with you
20.1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
20.2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
20.3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
21.1. As we are based in England, English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
22. Contact, feedback and complaints
22.1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at email@example.com.
22.2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.