Alyra · Terms and Conditions of Services

Article 1 · Definitions

The parties to the present TCS mutually decide to use the following terms for the good understanding of their mutual commitment:

The Site: the app (or “website”, “site”, “web app”, “progressive web app”, “PWA”) accessible via the following address www.musicwithalyra.com, as a whole, including all potential subdomains.

Alyra: refers to the company Apollo, owner, editor and sole representative of the Site and of the business name “Music With Alyra”, as designated in the in the Legal Notices.

Users: refers to all types of users of the Site, including all of its functionalities, when it’s not necessary to distinguish them and to identify them according to the present definitions.

The Artist: refers to any User, natural or legal person, with full legal capacity, who uses the Site to search and book musical studio sessions and/or related services (in particular, recording, rehearsal, mixing, mastering, etc.).

The Provider: any User, natural or legal person, with full legal capacity, who uses the Site to offer one or several musical studios for rental, understood to include premises dedicated to professional musical services, as well as associated services (in particular, recording, rehearsal, mixing, mastering, etc.).

The Client: any natural or legal person who completes one our several purchase(s) of live shows tickets on the Site, whether this person is already a User or not.

The Studio Sheet: refers to the page which gathers all information concerning the Studio(s) that the Providers offer for rental.

The Orders: refers to the agreement and the linking between Users through the Site, leading to the execution of the services explicitly included in it, and in accordance with the present and with the Data Protection Policy.

The Parties: refers to, together, Alyra and the Users who agreed the present and with the Data Protection Policy.

The TCS: the present whole and indivisible agreement that governs entirely and exclusively the User’s registration and use of the Site, including all functionalities and all Users. This agreement may also be named “Contract” or “Terms and Conditions of Services”.

The Data Protection Policy: the indivisible document, that constitutes the whole entirety of Alyra’s commitments concerning personal data collecting and processing through the Site. The Data Protection Policy is accessible here.

Third party: refers to any person who is not party to the TCS or to the Data Protection Policy.

The Resources: any type of product or service, physical or dematerialised, that can be offered and purchased on the Site, by and between the Users exclusively (in particular for recording, rehearsal, mixing and mastering services, etc.).

The Service(s): refers to the entirety of the services provided directly by Alyra via the Site (subscription, search, select, linking, etc.).

The Information: designates all information published on the Site by Alyra.

The Content: designates all content information and data entered by the Users, that are destined to fill their profile or Studio Sheet on the Site.

Article 2 · Object of the Site and Subject of the TCS

Article 2.1 · Object of the Site

The purpose of Alyra’s activities via the Site consist in allowing the Users to link, and to centralize offers for rental of musical studios, provision of equipment and specialised expertise.

On the Site, Users will be able to, according to the type of profile they choose:

Publish the description of a musical Studio;

Consult the map containing the Provider’s Studio Sheets, as well as their offers;

Consult the offers for associated services (including the required equipment for proper use of the studio, as well as potential necessary equipment and/or skills and expertise necessary for the realization of the Artist’s goals, for rehearsal, recording, mixing and/or mastering services);

Get in touch with each other using the chat and/or by concluding an agreement directly on the Site (an “Order”);

Potentially receive details of a Studio on the occasion of an Order (in particular, postal address);

Follow their Orders history, as well as different statistics (concerning in particular their requests for contact to Providers) via their dashboard.

Access to the services of consultation of the Studio Sheets is possible for all Users.

Publishing a Studio Sheet is free but limited to one (1) Studio, in accordance with the terms of the present TCS. Concluding an Order implies billing at the expense of the Artist.

Article 2.2 · Subject of the TCS

The present TCS govern entirely and exclusively the contractual relationships between all Users and Alyra, as well as the relationships between Users concerning exclusively their linking via the Site, excluding any trust, deal, convention or contract that they could conclude outside the Site and under their sole and full responsibility.

Indeed the Users admit without reserve that the TCS govern only their linking and include only basic conditions and modalities of the execution of the services or potential delivery or sale of products, that they make out of the Site. Each User remains in full charge of his own activities.

In particular, the Providers are fully responsible towards Alyra and other Users for the entire management of their Studio(s), including the conclusion of any general or particular contract meant to govern their concrete relationship with the Artists once they have linked.

The conclusion of Orders is governed by articles 18, 19, 20, and 21 of the present TCS.

The purpose of the present TCS is also to determine and govern the role of Alyra as a technical intermediary, the respective rights and obligations of the Parties as part of the User’s subscription and various use of Site, including informative and interactive parts of its functionalities.

Article 3 · Extent of the TCS

Article 3.1 · Legal capacity

Alyra attests that the subscription is allowed exclusively to identified and verified Providers, who must provide proof of their identity.

Alyra allows to professional Providers to register and offer a professional Studio Sheet; these Providers guarantee to Alyra and to Artists that their matriculation, registration or recording process is valid and legal.

The Artists full legal capacity to contract with the Providers via the Site and with Alyra is deemed to be valid by the latter.

Alyra reserves right, in all cases, to request at any time any additional documentary proof from the Users, who waive Alyra’s responsibility in case they could not use the Site as a result of their own failure in providing such information.

Article 3.2 · Acceptation of the TCS

Application of the present TCS is fully effective from their acceptation by the User, via the double click process, admitted as an electronic signature, deemed to be a perfect mean of evidence equivalent to physical signature.

Acceptation of the present TCS is then expressed once, applies to the whole, and entails the waiver of any previous contrary declaration, oral or written.

Such acceptation is deemed to be valid by the sole navigation when it is not followed by any specific action whatsoever, from the entrance of the User to his exit from the Site, except the clauses which by definition cannot be applied.

The simple fact, for any natural or legal person, of using the Site or the Services, entails the latter’s full adhesion and acceptation of the present TCS, which the User accepts by waiving explicitly to use any contradictory document, which shall not be binding to the Parties.

Article 3.3 · Indivisibility et opposability

The present TCS are indivisible and contain the present document and all potential annexes.

Any specific clause of the present TCS, explicitly notified as such and explicitly agreed, prevails on its general clauses in case of potential contradiction.

Users can in no case whatsoever renounce voluntarily and unilaterally to the application of one or several clause(s) of the present TCS as a whole. Potential modification or substitution by Alyra of one or several clause(s) of the present TCS, for any reason, doesn’t constitute renunciation to the whole.

Also, in the case when a potential judiciary procedure should lead to recognize the invalidity of one or several clause(s) of the present TCS, such invalidity shall by principle apply only to the clause(s) that are concerned by such procedure, except if the invalidity of the whole is provided by the Law or deemed to be acquired by enforceable court decision.

Any clause that should be contradictory with the present TCS and invoked by the User shall be unenforceable to Alyra, whenever the latter would be aware of such contradiction. Except as part of a contract agreed by both Parties, no document can prevail on the present TCS.

Article 3.4 · Interpretation of the clauses

Should a conflict of interpretation arise between the content of the clauses of the present TCS and their title, priority will be given to the content of the stipulations.

All time limits applicable under the present TCS shall be considered as business days.

Article 3.5 · Modification of the Site and modification of the TCS

Alyra reserves exclusive right to modify the Site’s content and the terms of the present TCS, fully or partly, as well as to offer special conditions, annexe(s) or additional clause(s), at any time and without having to justify, if such modification(s) is/are necessary to follow a legitimate legal or commercial purpose (especially concerning technical and/or legal evolutions), and without undertaking substantial modifications. Potential modification shall not be considered as a waiver from Alyra to the application of the entire TCS.

The modification of the present TCS by a court decision can only invalidate the clause(s) that are concerned by such invalidity, except if invalidity of the whole is provided by the Law or acquired by an enforceable court decision. As the case may be, Alyra commits to delete or replace immediately such clause(s) with (a) fully legal and valid clause(s).

Except if the Parties explicitly and formally agree differently, the present TCS shall not be modified in no other way whatsoever than in accordance with the forms above mentioned.

Article 3.6 · Acceptation of the modification of the TCS

Should the modification of the present TCS concern essential obligations or imply a reduction of the User’s rights, such modification must be explicitly approved by the latter, by any clear and non ambiguous means that allow to attest such consent with a deliberate action from the User (in particular, a direct acceptation on the Site via a new checkbox, by clicking on a button contained in an email sent by Alyra, etc.).

New conditions shall be fully applicable as soon as they are accepted by the User, and shall then govern the new contractual relationship until their end.

Users admit that in the case when they refuse the new TCS, their decision prevents the good continuation of the contractual relationship, and that the benefit of the Services and functionalities is suspended within a period of one (1) month, during which they are likely to receive one or several reminder email(s) from Alyra, inviting them to accept the new TCS.

Users admit that in that case their account is temporarily disabled as long as they have not explicitly agreed the new TCS.

In default of explicit approbation from the concerned Users in the aforementioned time limit, the latter admit that Alyra shall be entitled to proceed outright closure of the concerned account and cancellation of their potential subscription. In such case, Alyra commits to refunding any and all valid due payment, corresponding to the subscription potential remaining time and to Services not consumed, calculated as a pro rata of the remaining number of days/months until the next anniversary date of the concerned subscription.

Should the modification of the present TCS concern accessory obligations or don’t imply a reduction of the User’s rights, such modification shall be notified in advance by Alyra to the Users, who will not need to take any specific action nor explicitly approve it, for this modification to be applicable.

In such case, Alyra commits to respecting a reasonable notice of minimum thirty (30) days to notify to the Users the modification of the TCS.

New conditions shall be fully applicable and govern the new contractual relationship as soon as they are published on the site, and shall continue until their end.

Article 4 · Collaboration et Information duty

Article 4.1 · Collaboration duty and mutual information

The Parties commit to collaborating actively and in good faith for the good execution of the present TCS, and to a general mutual information obligation.

The User admits without reserve his own duty of collaboration and commits to providing exact and authentic information, and to report his specific needs as the case may be.

Alyra shall then not be held responsible, partly or fully, for any breach of its obligations to advise and inform, that would result from the User’s silence about one or several element(s) that could determine his commitment, in particular regarding the use he intends to make of it, and especially if such use stands out from standard uses of the offered Services.

The User admits in general, during and after the execution of the present TCS, that he commits to acting in good faith and to implement all reasonable means in order to guarantee Alyra against any loss, injury, prejudice or reclamation concerning the use of the Services or not.

The User is fully responsible of his own activities, whether they shall be professional or not, and whether they shall concern the Site or not.

The User shall be fully responsible for potential creation, divulgation, dissemination, transfer or false or misleading advertising concerning Alyra and its potential partners.

Article 4.2 · Probative force of electronic communications

In accordance with article 1316 et seq. of the (french) Code civil, and, as the case may be, article L.110-3 of the (french) Code de commerce, it is agreed between the Parties, unless otherwise stated in the present TCS or in applicable laws, that the correspondence exchanged between Users and/or between Users and Alyra by means of electronic communications, or directly on the Site via the chat, as well as consecutive information thus shared, represent evidence between the Parties, as long as no written document that has been contradictorily authenticated is produced and disputes such computerised information.

Elements such as the moment of reception or emission, as well as the quality of received data shall represent evidence in priority as they appear on Alyra’s information systems, or as authenticated by computerised processes of Alyra, unless written and contrary proof is produced by the Users.

By express agreement, the data contained and coming from Alyra’s information systems or those of its potential partners, shall be considered as writings in accordance with article 1316-1 of the (french) Code civil, the link between such data and the Party to which it is attached being deemed unless proved otherwise. Such data are then deemed to constitute evidence and are opposable between the Parties, in the same conditions and with the same probative force than any paper-based document which would have been signed by the Parties.

Article 5 · Reciprocal independence

Article 5.1 · Declaration of reciprocal independence

The Parties reciprocally declare that they are totally independent. The present TCS object or effect is not, in no way whatsoever, to associate and/or confuse the respective activities of the Parties, and does not constitute a mandate nor a representation agreement in no way whatsoever.

The Parties preserve the charge and the monopoly of all decisions in the field of social, accountancy, tax, and legal field in general. Default of one of the Parties, even partly, shall not bind nor entail the responsibility of the other Party.

As a consequence, the Parties declare themselves independent regarding all potential contractual relationships with any third-parties and under their own respective responsibility. The Parties shall be responsible of any potential damage suffered by the other Party, as part of the execution of another potential contract with a third-party.

Article 5.2 · Independence of Alyra and use of the Internet

The Users admits without reserve that he waives Alyra’s whole responsibility for his own use of social networks and other digital platforms of any nature in the Internet. He attests that he uses Internet and such social networks under his sole responsibility, relatively to all potential damages resulting from the subscription, the use, and/or the publication of content of any nature, and/or all disputes, exclusions or complaints, linked directly or not to the third party networks, whether such activities are linked to the execution of the present TCS or not.

The presence of social network buttons and/or other buttons allowing to interact with other sites or digital platforms on the Internet, from the Site, does not equal to nor constitutes in no way whatsoever a contractual link between the latter and Alyra.

Article 6 · Maintenance, Site and Services availability

Article 6.1 · Access to the Site

Alyra attests implementing all necessary means in order to allow the Site’s availability and access to the Site 24 hours per day and 7 days a week, as well as an optimum use of it on a technical level, except in case of force majeure; Alyra is subject only to an obligation pertaining to means.

The User admits that consultation of the Site is free, and that all additional costs incurred by the User as part of it, potentially attributable to other services providers, can in no way whatsoever be incurred by Alyra, who can not be held responsible for such costs.

The User also fully waives Alyra’s responsibility for any dysfunction, potential temporary suspension of Services and/or access to the Site made impossible, resulting from an event which is not under the control of Alyra (technical hazards, perturbation of the internet network, etc.), occasional and unforeseeable for Alyra, in such a way that the latter could not warn the User.

Alyra reserves the right, at any time and without incurring any responsibility whatsoever, to:

punctually suspend or limit access to the Site in order to perform maintenance or updates operations;

suspend, interrupt or limit access to the Site, partly or fully, and/or limit its access totally or not, to a specified category of Users;

delete any information which could disrupt the Site’s functioning or violate national or international laws, or the rules of the Netiquette.

Article 6.2 · Forbidden use of the Site

The User admits that he accesses and uses the Site, for business purpose or not, under his full responsibility. Furthermore, information or data displayed on the Site can not be used for commercial, political, or advertising purposes, as well as any form of commercial solicitation (and especially to send unsolicited electronic mails).

Article 7 · Moderation of the Site by Alyra

Alyra ensures an active surveillance and supervision of the Site’s content as a whole, whether it is a priori or a posteriori, regarding all applicable laws and standard web practices. The Users admit without reserve that all statements and contents of any kind that are published on the Site (including in particular the reviews, scoring notations, written comments, etc.), are systematically checked by Alyra, under its unilateral and discretionary authority of supervision and control.

Alyra thus reserves right, at any time and without having to justify its decisions, to delete any information or data likely to disturb the functioning of the Site or to violate the present TCS, international or national laws, or the rules of the Netiquette, as well as to exclude (the) author(s) of such content, or any person reliable for its publication; in such case, Alyra also reserves the right to suspend or close their account, and to cancel all subscribed functionalities, without excluding any legal and open procedure for compensation of a potential prejudice.

Nevertheless, Alyra commits to communicating with the concerned User(s) in such case, in order to seek a solution before implementing any of the aforementioned sanction or penalty. The User can also communicate with Alyra as part of such process, but admits that Alyra does not commit to answering or granting any Service(s) whatsoever to the failing User.

Users can communicate with Alyra, and participate to this surveillance by reporting at any time any content or behaviour, via the following email address: legal@musicwithalyra.com.

Article 8 · Customer support and User service

Article 8.1 · User support for all Users

Alyra implements a user service that includes a free technical support, concerning the general use of the Site, which is accessible from Monday to Friday, from 10 am to 5 pm, by email on the following address: support@musicwithalyra.com or by telephone on the following number +33 1 40 76 76 70.

Alyra commits to answering any requests and to proposing any satisfaction solution in order to help the User to adopt and use the Site in the best conditions, within a reasonable time limit of maximum seven (7) days.

This service includes:

requests concerning the good use of the Site’s functionalities (potential basic bugs, usage difficulties, subscriptions, and general use of the Site);

requests concerning publishing, management, search and selection of a Resource, technical support for registration, potential subscription of memberships, or applicable conditions for linking;

requests concerning potential disputes between the Users.

This service does not include:

requests concerning personal data potentially collected via the Site, in accordance with Alyra’s Data Protection Policy;

requests to obtain advice about musical resources in general;

requests concerning codes, resources, methods, models, know-how or expertise of Alyra;

requests to obtain advice about tax matters or legal advice in general.

Alyra reserves exclusive right to include such requests, or not, on a case by case basis, in the field of its personal intervention, and to propose, or even impose an additional time in order to answer them efficiently, may it be either to perform further research or because a third party provider’s intervention is necessary.

When a third party provider operates on the User’s installations, such provider is fully reliable for his own intervention, Alyra being only an intermediary and ensuring only the Site’s maintenance itself.

Article 8.2 · Premium clients service

Alyra implements a service dedicated to Providers of the Premium category, and commits to answering to their requests within a time limit of maximum forty-eight (48) hours.

This service is accessible by email on the following address: support@musicwithalyra.com or by telephone on the following number au +33 1 40 76 76 70.

Access to this service and content of this service are the same than those specified for User service in article 8.1 of the present TCS.

Article 9 · Computer and IT security

Article 9.1 · Security conditions for normal use of the Site

Alyra commits to providing and maintaining the Site in the best security condition possible in order to allow an optimal use of it, and within the limits of a normal use of it, as specified in the present TCS. Alyra cannot totally guarantee the absence of anomalies, occasional mistakes or bugs, and does not guarantee compatibility with any specific equipment or computer environment. Alyra waives all responsibility in case of difficulty or impossibility to use the Site and/or for any download of (a) virus(es), or any form of computer attack(s) whatsoever suffered by the User and which would be eventually connected, directly or not, with the use of the Site.

Article 9.2 · Security threats for Alyra

Users commit to not penetrating the computer systems of Alyra, nor those of its partners and providers, nor attempting to do so, by using or not the personal data governed by the present TCS and/or the Data Protection Policy.

In particular, the following are strictly forbidden subject to legal proceedings: any fraudulent access to the Site, likely to disrupt the good functioning of the latter in any way whatsoever, the introduction and/or modification of data contained in the Site, as well as any behaviour likely to interrupt, suspend, slow, and prevent the continuity of the Site considered as a whole, any intrusion or attempt of intrusion in Alyra’s computer systems, any diversion of system resources, and any action likely to impose a disproportionate charge on its infrastructures.

Alyra reminds that such facts can constitute crimes punished with the weight of criminal law and are likely to result in legal proceedings.

Article 9.3 · User’s responsibility for computer and IT security

Alyra shall not be held responsible for any technical problems and/or cyber attacks suffered by the User, related to his premises, installations, digital platforms, software, and equipments, despite all potential security measures undertaken by Alyra.

The User declares that he is aware of the characteristics and limits of the Internet, making potentially vulnerable the data flowing on the Internet, and of the liability of the transmitter of any computer content communication (especially when they are protected or sensitive).

Usernames and passwords that allow the User to connect to the Site are strictly confidential and placed under the latter’s full responsibility. Alyra waives all responsibility for any prejudice resulting from their potential loss and/or unauthorized use by a third party of the personal account of the concerned User. Alyra implements a password reset procedure allowing to generate a new one.

The User can inform Alyra at any time if he states a security breach or vulnerability (may it concern the voluntary communication or hijacking of his username and/or password, or not), in order to allow Alyra to undertake any adapted measure to solve it, potentially via the services of a third-party provider.

Article 9.4 · Responsibility for hypertext links

The implementation of potential hypertext incoming links (pointing to the Site), including in particular professional referrals in favour of Alyra, and from any site and device, is a priori opened under reserve of respecting the following conditions:

the implementation of links must not be systematic nor abusive;

the link has been previously checked and contains a priori no computer security risk;

the link does not violate intellectual property rights and can in no way whatsoever represent a risk of confusion in the public’s mind or an element of unfair competition.

Users admit that the contentious publications can be checked by Alyra, and commit to removing such link on simple request of the latter, who reserves right at all events to bring action, in order to obtain the removal of the contentious content and/or compensation for any potential damage resulting from the existence of such content.

Alyra strictly waives all responsibility for any prejudice resulting from any technical problem whatsoever and/or security breach or risk, or any violation of the present TCS and/or the applicable laws, that could result from such hypertext link.

Article 10 · Intellectual property

Article 10.1 · General prohibition concerning intellectual assets of Alyra

The User commits to respecting the intellectual property rights potentially attached to Alyra, during and after the execution of the present TCS.

It is admitted without reserve that any reproduction, representation, usage, imitation or adaptation, diffusion, sale, transmission, or provision, fully or partly, by any means and on any format whatsoever, of the elements constituting or representing the brand and the Site (texts, figures, codes, names, drawings, images, logos, slogan or banner, and any other element that is potentially representative of Alyra’s distinct intellectual assets), is prohibited without previous, explicit and written agreement from Alyra, and is likely to give rise to legal proceedings under any legal and open way.

Should Alyra lead no proceedings as soon as it is informed of such unauthorized use of the aforementioned elements, such behaviour should not constitute an acceptation of the aforementioned violations of its intellectual property, nor renunciation to lead potential proceedings in the future.

Article 10.2 · Protection of the Site as a whole

Alyra is the copyright owner of all intellectual or usage rights concerning the Site or the elements accessible via the Site, in particular as texts, photographies, images, videos, icons, sounds, codes, figures or databases, except the Content explicitly attributed to the Users (especially the pictures and description of the Studios and Resources, etc.), and social networks widgets.

In particular, the pictures and graphic illustrations of the Site are published in respect of copyrights attached to them, whether they were made directly by Alyra, or they be part of public domain, or they originate from legal sources and providers who guarantee the respect of such rights (in particular and not limited to, “Pexel”, “FlatIcon”, etc.).

It is also admitted that all illustrations on the Site are created by or likely to be modified by Alyra, so that the whole is contained in its intellectual patrimony which excludes any appropriation whatsoever by a third party.

Also, the texts that are accessible for consultation on the Site are either written directly by Alyra or used in respect of the writers potentially hired or authorised by the latter.

Alyra is the legitimate owner or user of such texts, and reserves right to lead proceedings concerning any use that would be contrary to the present TCS and to applicable laws.

The User commits to not undertaking or doing the following: reproduce, represent, copy, modify, adapt, publish, redistribute, sale, transmit, partly or fully, on any format whatsoever, by any means whatsoever, in any way whatsoever, and to any third party whatsoever, nor to, in general, using or exploiting them without prior, explicit and written authorization from Alyra or in other conditions than those stipulated in the present TCS.

By way of exception, Alyra authorizes short quotes or republication under reserve of quoting explicitly Alyra and/or their author(s) and to insert a link pointing to the Site.

Article 10.3 · Domain names

The following domain name(s), including all potential subdomains, is/are Alyra’s property and is/are protected by their official registration and commercial exploitation: www.musicwithalyra.com

Article 10.4 · Parasitic economic relationships and unfair competition

Commercial exploitation of name(s) and distinctive sign(s) of the brand, the domain name, the Site and the commercial sign(s) of Alyra, by any unauthorized third party, as well as any action with the object or effect of creating any prejudice on Alyra by creation of a confusion in the public’s mind, shall give rise to legal proceedings for unfair competition and/or parasitic economic relationships and/or free-riding practices, under any open legal way.

Especially, it is admitted without reserve that any potential copy or reproduction, partly or fully, of the Site’s content on another website or any distribution material whatsoever, with commercial purpose, shall be deemed to constitute an unfair competition likely to give rise to legal proceedings.

In accordance with article 6.2 of the present TCS, the use of the Site for commercial prospection or advertising shall also be deemed to constitute unfair competition likely to give rise to legal proceedings.

Article 10.5 · Utilization of the User’s content and intellectual assets

Utilization of the Contents by the Artists and/or the Providers:

Users commit to respecting any potential intellectual property rights related to the Contents and the Resources of the other Users of the Site, during and after the execution of the present TCS, whether such potential rights are specified on the Site or not, and especially concerning any prohibited use of such contents, on or off the Site (in particular, the brands and distinctive signs, the resources, in the form of images, texts, videos, sounds, etc.).

Alyra waives all responsibility for any litigious use of the Contents and Resources by a User in violation of the present TCS and/or applicable laws, whether it shall be on the Site or not.

Utilization of the Contents by Alyra:

It is admitted between the Parties that the Users remain sole owners of the rights attached to Contents and Resources that they publish and disseminate on the Site (in particular, images, photographies, texts, as well as all supports and materials uploaded on the Site which imply intellectual property rights).

However, the User explicitly recognizes that as part of the publication of the Contents and Resources on the Site and of the Services, for the good execution of its contractual obligations and in order to encourage the linking between the Users, Alyra is authorized to use them freely, partly or fully, and to represent, disseminate, and reproduce them on the Site.

Utilization of the Contents by the Clients:

Clients commit absolutely to respecting intellectual property rights attached to the Artist within their participation to live shows on the Site. The entire conditions of use of intellectual property rights are specified in article 21.3 of the present TCS.

Article 11 · Image rights authorization and professional referrals in favour of Alyra

The Users fully admit that they grant Alyra the right to use, publish, represent, reproduce, communicate to the public from the Site and from any known or future electronic communication networks, on any internet websites or digital platforms as well as any marketing materials whatsoever, any anonymous or non-anonymous referrals, especially graphic elements (logotypes, illustrations, images and photographies, etc.) that partly illustrate their profile, the Content and/or different activities of the User, in order to execute the present TCS, and/or for promotional and commercial solicitations purposes.

The Users authorize Alyra to record, reproduce and represent their image and/or their voice and/or their statements, written or not, as part of its professional communication, on any kinds of formats, free of charge, with no geographic limitation and for a time limit that is a priori unlimited under reserve of explicit opt out from the present authorization.

The Users declare that they are aware of the fact that their image and/or their voice and/or their statements are recorded, and declare that they have been previously and fully informed that such recordings could be used for public broadcasting.

As a consequence, the Users grant:

The right to reproduce their image and/or their voice and/or their statements;

The right to represent and broadcast their image and/or their voice and/or their statements, by any means of known or future representation, and in particular public projections, television broadcasting, as well as dissemination via the internet network.

The present authorization can be withdrawn by the concerned Users at any time and without having to justify, under reserve of notifying such withdraw on written format to Alyra (by writing on the following address legal@musicwithalyra.com), who commits to executing the withdrawal of the concerned content(s) within a maximum time limit of thirty (30) days.

By way of exception, the content used by Alyra on the basis of a real and significant investment from the latter, or that by definition cannot be deleted or detached from an indivisible set of information on such promotional materials, shall not be removed nor withdrawn. Nevertheless, in such precise case, Alyra commits for the future to not using the same content subject to a withdrawal request.

This authorization also allows to modify the concerned Contents if necessary or for technical reasons (digital compressions of the uploaded files, formatting, etc.).

However, such authorized uses are limited to the commercial exploitation of the Site and to the present stipulations, except in case of a previous, explicit and written agreement between the Parties.

The User waives any recourse, legal action or proceedings against Alyra, to compensate any prejudice that could possibly result for him.

Article 12 · Protection of the source codes

Users admit that the source codes allowing the publishing and the use of the Site represent a real and significant investment of Alyra, and are a priori inaccessible to them.

As a consequence, any action with the object or effect of allowing access to such source codes, which implies by definition technical skills and expertise, shall be deemed to be malicious by Alyra, who reserves right to press charges or prosecute in any legally open way, in order to stop the potential prejudice for him.

Henceforth, and from the day of conclusion of the present Contract, the Users commit to not interfering with Alyra’s legitimate interest; this obligation does not prevent the User to practice their profession or professional activities and to make their competence valued, especially regarding the specificity of the concerned information.

Article 13 · Validation of subscriptions

Article 13.1 · Use of the Site without subscription

Non-registered Users can consult the Site, and use some of its functionalities, for instance searching Contents (Studio Sheets, Resources), which do not include any form of Order (or linking).

Non-registered Users admit that they can not benefit the functionalities restricted to registered Users in their entirety, and that they can not in any way whatsoever claim such benefit to Alyra, who waives all responsibility for any prejudice resulting from failure to subscribe in accordance with the present TCS.

Services for which subscription is not necessary:

Access to the Studios Map + consultation of the Studios

Alyra allows Users of all categories to consult the Site and the Studio Sheets via the Studios Map, which gathers offers of services associated with music studios.

In particular, the User will be able to access the following information: name of the studio, logo or image representing the studio, approximative geo-tracking, description of the available equipment, opening hours, offered services and corresponding prices, etc.

The User can not directly consult the contact details of the Studio who published the concerned Studio Sheet as part of the use of this functionality.

Use of the “Simulation” functionality

The “Artists” Users who have not yet subscribed can enjoy a free simulation with a strictly informative purpose, allowing the latter to obtain complete information about the conditions and modalities of their potential future Order of an available Studio, without having to commit themselves by validating a formal linking.

The concerned Users can then directly know all conditions that apply to their future Order before they subscribe to the Site, under a process that is almost identical to the formal validation of Orders, except for the final step of the linking, which can not be performed without opening a formal account.

The use of this simulation has no effect and does not lead to any obligation for Alyra nor for the Provider who published the concerned Studio Sheet(s).

Article 13.2 · Subscription procedures

Subscription can be done exclusively online, by following without fail the specified procedure.

Users can not claim the benefit of the Services if they don’t subscribe in accordance with the following terms.

As part of their subscription, the Users commit to execute the reporting formalities and to fill the mandatory fields under their full responsibility, with exact, complete and authentic information. They commit to not providing false information, not using a false identity and more generally any data likely to mislead Alyra, other Users or third parties.

Users renounce all efforts to establish Alyra’s responsibility and to lead proceedings concerning all potential prejudice resulting from the impossibility to use the Site due to their own failure in this area.

Article 13.3 · Procedure for opening an account

The procedure for creating and opening an account is free, and the same for all categories of Users. Furthermore, the Users who want to become Providers must mandatorily provide and validate the two following points in order to offer Studios and Resources:

the Providers must verify their company information, in order to check the existence and the lawfulness of the Studio(s) thus offered;

the Providers must without fail provide their banking information to the payment service provider (Stripe), who performs the usage checking processes before the provider can fully use the Site. An email is sent to the Provider when such verification is successfully completed in order to notify the latter the validation of his account.

Providers who have respected these points can provide one or several Studio Sheet(s) in their account in order to publish them on the Site for the attention of the Artists.

The Providers admits to renounce to establish Alyra’s responsibility for any failure in providing such information and in respecting the mandatory procedures for the subscription and the publication of Studio Sheets, in particular but not limited to fictive linking, identity fraud or theft, banking ban and/or disqualification, etc.

Article 13.4 · Validation of subscriptions

The User admits without reserve that the validation of his subscription is performed with the complete filling of the mandatorily required fields and a checkbox, as well as a click on a specific button in the confirmation email sent by Alyra.

The User admits without reserve that only this process can attest his electronic signature of the present TCS and make the validation of his subscription effective.

Alyra reserves the right to accept a subscription or not, on a discretionary basis and without having to justify, without possible recourse nor penalty in favour of the User, in case of violation of the present TCS or applicable laws.

Alyra also reserves the right to end the subscription of a User, in the conditions of article 23 of the present TCS.

Article 13.5 · Effects of subscriptions

The validation of subscriptions in accordance with the terms of the present TCS leads to the creation of a personal account (containing potentially one or several Studio Sheet(s)) and the benefit of the functionalities associated with such subscription, which are automatically attached to such account.

Alyra does not send any connection ID, username, or password to the User, who chooses them himself as part of the subscription process, and can freely modify them at any time via his personal account. The User is fully and exclusively responsible of his own Usernames and passwords and is not authorized, in any way whatsoever, to transfer his account or his access codes to another User nor to a third party.

Article 14 · Validation of “Premium” subscriptions

Article 14.1 · Subscription modalities

The providers who want to benefit supplementary functionalities must mandatorily subscribe to a monthly subscription with tacit renewal, the content and price of which are systematically specified before any validation of such subscription.

Unsubscription, account closures and termination of subscriptions are governed by articles 22 and 23 of the present TCS.

The Premium subscription is subject to a monthly billing, which gives access to additional functionalities among the following:

The “Studios analytics” function, which allows the Providers to obtain dedicated statistics information, concerning their Studio(s) visits on the Site;

The “Multiple studios” function, which allows to manage several Studios at the same time via the same account;

The “Orders calendar” function, which allows the Provider to obtain a synchronisation link for his Orders on a calendar of his choice, and to automatically display all his Orders from the Site;

The “Private studios” function, which allows the Provider to reserve access to his Studio(s) to a or some specific Client(s), and in particular, to make it or them invisible(s) on the app for all other Users and prevent it from being indexed by search engines;

The “Special prices” function, which allows the Provider to specify special prices for the Resources associated to the Studio(s) that he offers to the Artists on the Site, by fixing bundle or flat-rate prices, applicable to future Orders.

Acceptation of the conditions of subscription can be performed with an online validation of the whole general and specific conditions, in accordance with the process defined on the Site.

The User admits that the full cash payment of his subscription is mandatory immediately on the date of subscription, which can not be valid if he fails to do so. The User also admits that his failure to pay one or several future paying term(s). Alyra reserves right to entirely end his subscription, not excluding any recourse for compensation of the potential prejudice.

Monthly payments are executed automatically on the monthly anniversary date of the validated subscription, except in case of cancellation of the subscription in the condition of articles 22 and 23 of the present TCS.

Potential future modifications of the content and the number of functionalities associated to a Premium subscription are governed by article 3.5 of the present TCS.

Alyra allows the User to download the present TCS on a durable medium (in particular, in PDF format) by clicking on the corresponding link directly at the end of the present document. The payment service provider (Stripe) also sends to the concerned Provider a payment ticket in order to attest each payment.

Article 14.2 · Exercise of the right of retraction on “Premium” subscriptions

The Providers who subscribe to a Premium subscription can retract from their commitment without having to justify, if such retraction is executed within a time limit of maximum fourteen (14) days, starting from the day of their subscription validation.

In such case, the Provider must imperatively make a written request for retraction to Alyra within the aforementioned time limit, by email on the following address legal@musicwithalyra.com.

The email from the Provider must mandatorily notify his clear and unambiguous will to retract from his commitments towards Alyra.

The email from the Provider notifying to Alyra his clear and unambiguous will to retract must imperatively contain the following elements:

First name and last name

Designation of the concerned Service (subscription)

Specification of the amount formally paid for the concerned subscription

Number and date of the corresponding invoice

Clear and unambiguous notification of retraction from this Service.

When a formal valid notification is sent within this time limit, Alyra commits to refunding the amounts received for this subscription, within a new time limit of fourteen (14) days starting from the reception of the Provider’s request.

In this case, the Provider admits that he must make a new valid subscription in the future, if he wishes to benefit the functionalities associated with a Premium subscription.

Article 14.3 · Renewal or modification of subscriptions

Subscriptions are by principle subscribed for one (1) month with tacit renewal, and with automatic renewal of payment, which is performed by default via the payment method that has been initially used.

The Provider can at any time modify his payment method for the following payments, directly on the Site via his dashboard.

The User understands and admits that in all cases, he is responsible for the effective payment of applicable terms and levies, and is reliable for any failure in this field (especially in case of obsolete card, insufficient fund, etc.). In such cases, Alyra reserves right to suspend the associated Services and to restart the User in order to ask him to regularise the situation if he wishes to benefit the Services, and renounces to seek Alyra’s responsibility otherwise.

In case of automatic renewal, the subscription is extended in the same conditions and for another month. Otherwise, the Provider can benefit the functionalities until his initial agreement expires, without any possibility to claim them after this date.

The provider then admits that any consumed month is owed, and that any month that has been paid can be entirely consumed until his subscription’s anniversary date.

The Provider can notify Alyra at any time his will to not renew, and thus end, his subscription before its expiration date, directly on the Site via his dashboard, in accordance with the modalities described in article 21.2 and 22 of the present TCS.

Article 15 · Providers subscriptions payments

Article 15.1 · Applicable prices

Alyra attests to implement all necessary means in order to allow the clear displaying of all applicable prices and all elements allowing the Users to subscribe and use the Site on the basis of an informed and voluntary consent.

The “Premium” subscription’s price is fixed at ten (10) euros per month.

The Services are billed on the basis of applicable prices at the moment of subscription, which are specified in euros and including all applicable taxes (including VAT), which are systematically reminded in a transparent manner previously to any subscription validation.

The potential costs resulting from payments made on the Site, which are not under the control of Alyra, shall be covered by the User. As a consequence, payments shall include, in addition of the price indicated on the quote (or equivalent), all costs, expenses, and taxes of all nature, under french regulation in the field of taxes territoriality.

Alyra’s bank account is domiciled in France and payments on the Site imply no specific or hidden costs. Alyra’s responsibility is then totally excluded if the Provider must suffer potential supplementary costs due to his own banking situation.

Article 15.2 · Payment methods

Paid Services are made on a basis of cash payment, without discount, and immediately at the validation of the subscription, and each month on the anniversary date of the subscription.

The providers waive Alyra’s responsibility for any damage resulting from the difficulty or impossibility for them to execute a payment, for any reason whatsoever, and in particular if resulting from a failure of the third party payment service provider who manages financial transactions.

It is admitted that in all cases Alyra is entitled to validly block temporarily any transaction, in order to get security checking processes done if necessary.

Invoices are sent by email to the User, by Alyra and/or Stripe; they are also available for download on the Site in a specific section.

Article 15.3 · Resolutory clause

Non-compliance with mandatory payments processes constitutes a violation of the obligation to pay, which validly allows Alyra to suspend or cancel a transaction, an Order, the benefit of a subscription or of any Service whatsoever on the Site, without having to justify, and to deem its own commitments towards the concerned Provider automatically terminated, regarding the concerned Service(s) and the associated functionalities (in this case, the Premium subscription).

In such case, the concerned Provider can not claim any right whatsoever to benefit the Services, nor potential payments corresponding to the future Orders thus made impossible, which can only be available with a new and valid subscription.

Should some data been provided by the User to Alyra, the User admits that such data is likely to be entirely purged from Alyra’s computer system, and that he must fill them again formally as part of his future subscription validation.

However, and by way of exception, Alyra reserves the right to notify to the concerned User the failing in paying his subscription, and to restart him, one or several time(s), in order to inform him of the provisory suspension of his account and subscription, and to invite him to regularise his situation by performing the missing payment, and in order to fully benefit the functionalities associated with his subscription.

In such case, the User admits that his subscription becomes fully valid, once payment is effective, without modification of his subscription anniversary date, and in the same conditions.

Article 16 · Publication rules and management of the Studios Sheets

Article 16.1 · Publication of the Studio Sheets by the Providers

Any User who has validly subscribed and who is connected (with username and password) can access the Studio Sheets publication Service on the Site. The full procedure of publication of Studio Sheets (including the specific on-boarding process on Stripe) leads to the status of “Provider” User, as defined in article 1 of the present TCS.

The publication of Studio Sheets is generated by Alyra forthwith after their validation by the Provider.

Publication rules, besides the respect of the present TCS, are the following:

As part of the publication of his Studio Sheet(s), the Provider guarantees Alyra:

of the truthfulness of the information provided and published within the Studio Sheet;

that he commits to not disseminating, as part of a Studio Sheet, any malicious, derogatory, or misleading information, nor any information likely to affect or violate the rights of any third party whatsoever;

that he does not impersonate the identity of no one;

that he has the authority, the capacity, the authorization, to publish a Studio Sheet, which he can justify at any time;

that he is fully responsible of and will personally take charge of tax, social and legal obligations, as part of the income that he may benefit from it.

Article 16.2 · Management of their Studio Sheets by the Providers

The Providers are free to manage the availability of their Studio Sheet(s) on the Site, which they can suspend at any time, via the “Dashboard” page which will display the list of the concerned Studio Sheets, and by choosing the Studio Sheet that he wishes to make provisorily unavailable.

The Providers admit and accept that Alyra aims at allowing effective linking between the Users, and that it is not possible to make their Studio Sheet(s) unavailable permanently on the Site (unless such sheet is deleted). Alyra reserves right to formally notify a Provider who would have made one or several Studio Sheet(s) unavailable for a period of minimum three (3) months, in order to remind the latter the applicable rules on the Site and to warn him that such Sheet(s) will potentially be unpublished, and will then not be displayed on the map anymore, will not be visible by the Artists, and consequently not available for rental.

The provider has no power on this unpublication which is done exclusively by Alyra, and lasts for an undetermined period, as the case may be. In order to avoid such provisory unpublication, the Provider can validate voluntarily the availability of the concerned Sheet(s) via his Dashboard. The Provider understands that should he failed to do so, he would face definitive closure of his account by Alyra. He can also voluntarily close his account in the conditions of article 22 of the present TCS.

Article 16.3 · Authority of Alyra on the publications of the Studios Sheets

The Studio Sheets must be current, objective, and neutral. It is reminded and accepted that Alyra has a full right to control, and to refuse, any Content that would be irrelevant, inexact, or contrary to the spirit and the vocation of the Site and/or to the present TCS, as well as the Data Protection Policy.

Such authority allows Alyra to suspend the publication of a Studio Sheet as the case may be. Alyra commits to notifying such suspension to the concerned User, by email and within a time limit of two (2) business days following the suspension. In such case, the suspension excludes any refund, asset, or compensation whatsoever.

It is admitted that Alyra is entitled to freely modify any Studio Sheet in order to adapt it to the Site’s communicating and computer security standards. Alyra shall in no way whatsoever be held responsible for any inaccuracy, deliberate or inadvertent omission, incomplete or inexact information, misleading or inexact data filled in the Studio Sheets that has been uploaded by the Provider under his own full responsibility.

Article 17 · Limitation of liability of Alyra

Article 17.1 · Limitation of liability towards the Providers

The Users admit without reserve that they waive Alyra’s entire responsibility for all potential damages resulting from their own failure in the conduct of their own business activities, whether such damages result from activities, contents, or their consequences published on the Site or not.

Indeed, Alyra offers the Users the possibility to act by particular title under reserve of their formal commitment herein specified to taking full charge of their own activities on and off the Site, and to respect exactly the same contractual obligations than professional Users, except for those which by definition can not apply.

The Providers who want to act by particular title are then entirely responsible for informing themselves about their own status, potential reporting requirements, social contributions, as well as legal and contractual obligations in general.

Alyra strongly recommends to the Providers to act proactively and in good faith regarding their activities on the Site, in order to allow the Artists secure linkings, and to optimise their use of the Site.

At all events, the formal existence of a company (including micro-companies) owned by and/or placed under the Provider’s responsibility, as well as its full regularity, is presumed by Alyra on the basis of the formal checking of a checkbox on the Site at the moment of subscription, which testifies this fact and the Provider’s commitment, who consequently waives Alyra of all responsibility in this field.

The Provider admits that the failures concerning the regularity of his banking situation (frauds, banking banning or suspending, etc.) and/or the payments of his contractual maturities towards Alyra are likely to result in the future blocking from Stripe of potential financial transactions, and to allow Alyra to suspend the Provider’s activities on the Site, in particular by making his Studio(s) unavailable for Order.

Article 17.2 · Limitation of liability towards the Artists

It is reminded and admitted without reserve that Alyra shall in no way whatsoever considered as the direct creator of the Studio Sheets and the Resources contained within. Alyra’s role and responsibility limits to those of a technical intermediary who allows, via the Site, the publication and management of specific Contents provided strictly by the Users, as well as the linking between the latter, and intervenes exclusively in this capacity between the Users.

Alyra shall be in no way whatsoever responsible towards the Users and third parties concerning the relationships potentially built or developed between the Users after the linking performed via the Site and/or the conditions of execution of the services directly performed by the latter (especially in case of provision of false and/or erroneous data in the field of administrative, tax, or legal obligations, and/or non-fulfilment or failing execution of performances, etc.).

Alyra cannot guarantee to the Artists that the Provider’s activities are regular and that the latter respect all their declarative, social, tax, and legal obligations in general, as well as Alyra does not interfere directly with the potential relationship developed off the Site between the Users, and cannot control the quality, the safety and security of potential labour and any event following the linking performed via the Site.

Alyra however commits to allowing the displaying of a notation system, with the publication of ratings and reviews allowing to evaluate the most precisely as possible the authenticity and the quality of the services associated with Orders and Users via the Site.

Article 18 · Linking process

Article 18.1 · Linking process for the Artists

The Artists understand and admit the following linking process, which necessarily implies to respect these mandatory steps in order to validly conclude potential Orders with Providers on the Site:

Selection of Studio(s)

The Artist searches Studio(s) on the Studios Map.

The Artist selects an available Studio of his choice.

The Artist clicks on the order button.

Please note: if a Studio is specified as closed or already booked at a precise date, it becomes unavailable for booking.

Selection of Resource(s) and filling of the Order

The Artist selects the service (Resource) of his choice.

The Artist can select at this stage the beginning and ending dates for the wanted session, concerning exclusively requests of Studio(s) in order to order one musical rehearsal or music recording session(s).

The Artist admits that, should the presence of a sound engineer be optional for the session, he must imperatively fill a checkbox that is displayed for this purpose, if he also wants to book sound engineering services for the session(s) thus selected, and that it is otherwise imposed and marked as included in the Order.

When the Artist also wants to order a Mixing or Mastering service, he must imperatively at this stage choose the number of tracks to be mixed or mastered as the case may be, as well as a time limit to be respected for the good execution of such services.

Validation of the Order

After the displaying of the price corresponding to his selection (in particular, potential date of session, price of session, content, amount of the commission, full price to pay, etc.), the Artist starts the process for validating his Order by clicking on the “Order” button, making an information pop-up appear, which reminds him the smooth running of the Order and the needed following steps in order to complete it.

When the concerned User is not connected, he is invited to do so at this stage of the process, and cannot claim the benefit of the Order if he doesn’t connect to his account.

The Artist follows his Order by clicking on the “Let’s Go” button, which brings him on a confirmation page managed by the payment service provider (Stripe), containing a summary of his Order.

He then must imperatively fill the empty fields in order to provide his billing information and validate the Order by clicking on the “Pay” button in order to finalise it validly.

The Artist is then automatically redirected to the Orders page and a recap of his Orders, including the Order he has just validated at the top of the list.

Article 18.2 · Linking process for Providers

The linking process for Providers starts with the reception of an email notifying to the latter the arrival of a new Order and offering him to consult it by clicking on a redirection link or with a direct access in the Alyra app.

The Provider then accesses a specific Order page, which directly recapitulates/sums up all information about the concerned Order (income, date, reference, service, etc.), which he can accept within a period of maximum seven (7) days.

As long as an Order is not formally accepted or refused, it is specified as pending. In such case, the Users admit that no obligation is validly subscribed to, and that they cannot claim the execution of any obligation whatsoever from the other party nor from Alyra.

The Providers and the Artists admit without reserve that the failure in validating Orders in accordance with this process and within the specified time limit shall not produce any effect for themselves nor towards Alyra, who waives all responsibility for all potential damage for them which would result from the impossibility to validly conclude an Order thus expired, as well as they must complete a new valid Order in order to validate the latter.

Within the aforementioned time limit of seven (7) days, the Provider can click on the “options” button and display a list of possible options in order to, in particular, select the answer he wants to give to the Artist’s request (in particular accept, refuse, reschedule).

Options for rescheduling as specified below.

The Provider clicks on the “Accept” button within his Orders options, which displays a pop-up informing him of the good processing of his Order. He validates the latter by clicking on the button “Let’s Go”.

The Provider admits that this action formalizes the Order, the consecutive linking and the resulting obligations, and validates the Artist’s payment.

Re-scheduling of Orders

When the Provider receives the request for Order, he can still modify it before he formally accepts it, in order to reschedule the date of Order and to propose it to the concerned Artist, under reserve of the acceptation from the latter of such modification, within a period of twenty-four (24) hours.

Also, it is admitted that the rescheduling of the Order is always possible from both parties as long as it is not cancelled (or finished). In such case, only the date can be modified and the content of the Order still commit both parties to its good execution according to its content, at the new date that’s been chosen by mutual consent.

It is reminded that a modification of the Order’s date cannot be requested after forty-eight (48) hours preceding the initial date of the Order.

The re-scheduling of an Order can be valid and commit the Parties only under the condition that both Parties accept it explicitly; should such acceptation fail, the Parties understand that the initial date is binding to them in the absence of a formal Order cancellation in the condition of the present TCS.

Article 18.3 · Execution of the linking between Artists and Providers

Execution of Orders concerning Recordings and Rehearsals

As part of the execution of Orders concerning Recordings and Rehearsals services, it is agreed that the Artist shall go to the Studio at the date defined in the Order and for the selected time period, in order to benefit the Provider’s services included herein.

The full execution of such services allows to deem the Order validly terminated.

Execution of Orders concerning Mixing and Mastering Services

As part of the execution of Orders concerning Mixing and Mastering Services, the Artist starts by sending the Provider the files to be processed.

The Provider then executes the services and sends the processed files back to the Artist, in the form of samples for the purpose of validation from the latter. However, the Provider can choose voluntarily to send the files already processed, under his full responsibility.

The validation, as the case may be, entails the acceptation without reserve of the result obtained, the sending of the final files, as well as his own obligation to pay the Provider.

However, it is possible to complete an intermediary step, with the successive resending of the concerned files, in order to be processed again and to guarantee the full satisfaction of the Artist. This linking step can last as long as the Order’s time limit is not over and that the latter does not formally validate the executed work.

It is reminded that the validation entails for the Artist the obligation to pay.

The sending of files and potential written specification (especially artistic ones, in order to guide the Provider in the right execution of the ordered services) are performed by the Users under their full and entire responsibility, and under the limit of weight of 2 GB (two Gigabytes), via the functionality created for this purpose in the concerned Order management page, allowing to send files under several formats (sounds, texts, videos, etc.).

After the good execution of the Orders, the Users can use the rating system in order to reciprocally and publicly evaluate themselves on the Site.

Article 18.4 · Intellectual property concerning the obtained or exchanged files

It is agreed that the distribution of the intellectual property rights attached to the file(s) exchanged via the Site is freely determined by the concerned Artist and Provider, before the validation of Orders, and excludes all intervention from Alyra, who waives all responsibility for any potential prejudice resulting for one and/or the other of the concerned Users.

Exchanges in this field between the Users allow the latter to place Orders with full knowledge, and commit the latter, who must however to continue their exchanges, including contractual exchanges, in good faith, on and outside the Site.

Concerning the rehearsal sessions, all potential musical and/or video files that are recorded by the Artists themselves for musical work purposes, remain their full property, which the Provider cannot claim in any way whatsoever, based only on the fact that they welcomed such rehearsal sessions in their Studio(s).

Concerning the recording, the mixing, and the mastering services, and because such services consist in the Provider working or reworking musical files on behalf of the Artist, the latter fully admits that, by principle, the entirety of intellectual property rights attached to the works object of the linking remain the full property of the Artists, and that the use of the Site in all its potential functionalities shall in no way whatsoever constitute a renunciation, transfer, cession, partly or fully, of such rights, in default of an explicit agreement between the Users in this field.

As a consequence, the Users must communicate between them in order to complete such types of transactions relatively to intellectual property rights of the works object of the Orders on the Site, and cannot seek Alyra’s responsibility as part of such potential transactions.

Alyra waives all responsibility concerning all potential violations of intellectual property rights attached to the Users, whether they occur via the Site or not.

Article 18.5 · Effects of conclusion of Orders

It is admitted without reserve by the Users that the formal validation of Orders in accordance with the present TCS entails the conclusion of a binding and enforceable agreement between them, and the consecutive obligations of right execution, between themselves and towards Alyra.

More precisely, it is admitted that during the linking process, the Provider must formally validate the Artist’s Order in his own dashboard in order to finalize the agreement and commit the two parties to the effective linking and to the right execution of their mutual obligations.

Such agreement takes effect at the date of validation of the Order and ends with the full execution of the services contained therein.

Article 18.6 · Cancellation of Orders

Cancelled Orders concerning Rehearsal and Recording Services:

Should an Order be validated, it is still likely to be cancelled by the Provider, who does not need to justify such cancellation, under reserve of his obligation to assume some costs which are specified in the present article. In this case, the Artist understands that he will not be charged of the Order’s amount, that the execution of the associated services and the benefit of the Resources are also cancelled, and that he renounces to seek the Provider’s and Alyra’s responsibility for all damages resulting from this impossibility to conclude the Order.

Should the Provider cancel the Order, the refunding of the Order is distributed as follows:

The Order is entirely refunded to the Artist, and the Provider must pay the fee to Alyra.

Should an Order be validated, it is still likely to be cancelled by the Artist, who does not need to justify such cancellation, under reserve of his obligation to assume some costs which are specified in the present article.

In such cases, the refunding of the Order is distributed as follows:

Cancellation fifteen (15) days before the due and validated date = refunding of 100 % of the Order’s amount to the Artist, reduced by the amount of the fees owing to Alyra.

Cancellation between fifteen (15) and seven (7) days before the due and validated date = refunding of 75 % of the Order’s amount to the Artist, reduced by the amount of the fees owing to Alyra.

Cancellation between seven (7) and one (1) day(s) before the due and validated date = refunding of 50 % of the Order’s amount to the Artist, reduced by the amount of the fees owing to Alyra.

Cancellation one (1) day or less before the due and validated date = refunding of the Order is not possible.

Cancelled Orders concerning Mixing and Mastering Services:

Users admit without reserve that the Orders concerning the Mixing and Mastering services are payable at the end of the process, after the validation from the Artist of the files sent by the Provider.

As a consequence, the cancellation of these specific Orders entails no specific refunding, and a new valid Order is mandatory for the Users to maintain their linking through the Site.

It is admitted that the Orders of Mixing and Mastering services are performed under a specific time limit for its execution, which is specified by the Artist in the Order and accepted by the Provider, and that respecting such time limit is mandatory for the good execution of the Order. In application of the present TCS, the failure in respect such time limit is likely to entail the suspension or the enforced closure of the corresponding account by Alyra, as well as any applicable action for compensation of the prejudice(s) thus suffered.

Alyra recommends to the Users to notify mutually their reasons for potential cancellation, in order to ensure transparent and loyal services and exchanges.

Article 18.7 · Exercise of the right of retraction from the Orders

In accordance with article L 221-28 alinea 3 of the (french) Code de la consommation, the Orders performed on the Site are by definition qualified as tailored services, made according to the specifications of the consumer (the Artist): rehearsal, recording, mixing, and mastering services, which cannot be by definition delivered or executed without such specification.

The Artist’s specifications are specified in the Order and cannot be ignored by the Provider.

Because of that, the Orders are also binding, firm and definitive, and shall not be subject to any retraction from the Artist.

The Artists hence renounce to all recourse for any damage resulting from the impossibility to cancel their Orders by the way of retraction.

However, they can in certain cases cancel their Orders under the conditions specified in article 18.6 of the present TCS.

Article 19 · Financial conditions and payments of Orders

The Artist understands that the amount specified on the payment page, directly on Stripe, constitutes proof and corresponds to the amount debited from his bank account by Alyra in case of validation of the Order, and under reserve of its right execution.

The Provider understands that the total amount of the Order shall be systematically reduced by the amount of Alyra’s due fee, and that he shall receive an amount that corresponds to the difference between the total amount and the commission’s amount, which is justified by Alyra’s role of trusted third-party and Alyra’s linking service.

The Provider can dispose of his balance on his Stripe account accessible through his dashboard, the amount of which is credited on his bank account at a precise date, specified in advance, and potentially reduced by the fees corresponding to the cancellation that he has himself eventually caused, and according to the scale exposed in article 18.6 of the present TCS, as well as potential other fees valid under the present TCS.

Article 20 · Applicable rules for Orders and consecutive commitments of the Users

Article 20.1 · Binding force of the Order and Alyra’s status of third party

It is admitted without reserve by the Users that the valid conclusion of Orders entails the conclusion of a formal contract with binding force between the parties who signed such agreement, who commit to executing it in good faith and to all legal consequences, as a result of their electronic signature of the present TCS and of the bilateral validation of the aforementioned Order.

Alyra guarantees the authenticity of the User’s identity for the conclusion of the aforementioned contracts, but shall not be held responsible for any damage resulting from the providing of false, erroneous or obsolete information by the Users themselves during their subscription.

Hence the User commits to providing Resources and to executing the associated services, in accordance with the agreed terms in the Order, as well as to honour all obligations contained herein..

Alyra ensures a role and has a status of a trusted third-party and as the case may be of a payment third-party, allowing technically the conclusion of Orders on the Site, acting as a business introducing platform and a linking platform. Alyra’s responsibility is limited to its obligations as a computer services provider, in accordance with the Law and the good practices in this field of activity.

It is then admitted without reserve that the Orders are entirely and exclusively performed by and between the Users, which excludes totally Alyra from the conclusion and the execution of the aforementioned Order.

Alyra shall in no way whatsoever be considered as the owner of the content posted by the Users, and as responsible for the use and publication of such content by the latter.

Article 20.2 · Users responsibility as part of the execution of Orders

Alyra waives all responsibility for the Users failures between them.

The Users admit that, in case of failure in executing the Orders, they must entirely refund the other party with the sums validly due under such Orders, and/or to execute all obligations contained herein. The Users admit that in such case they expose themselves to any legal recourse, judiciary or not, including potential arbitration from Alyra, for compensation of the damage suffered by their co-contractor and/or Alyra.

Article 20.3 · Arbitration and unilateral supervisory power of Alyra

The Users admit that the absence of responsibility of Alyra in the conclusion and the execution of the Orders does not prevent the latter to dispose of and apply, at any time and discretionarily, its supervisory power on the entire activities of and on the Site.

Consequently, any failure whatsoever from the Users in respecting applicable law and/or the present TCS is likely to justify the application of such unilateral power from Alyra, in order to:

suspend or cease the publication of a Content or a Resource;

suspend or cease a specific subscription;

close access to one or several User(s);

suspend or cancel a payment and/or the benefit of the corresponding Service(s);

receive and process any request or claim of a User against one or several other User(s), examine and answer such request in order to offer an amicable solution for this disagreement;

demand or even require the provision of potential additional documents;

initiate or favour potential seisin of private and/or public authorities in order to resolve the dispute;

defend and secure its own rights.

Article 21 · Live shows purchase process

Alyra provides to Artists a virtual concert hall, which they can book in order to propose to Clients to attend their shows from this hall, whether such shows are free or payable.

Alyra reserves right to offer free shows for promotion purpose only and exclusively on its own initiative, alongside on or several Artist(s) selected for this purpose.

Shows tickets are accessible from Alyra home page, from the Artists pages, from the page dedicated to live shows, and from other places on the Site.

Article 21.1 · Live shows purchase process

Clients can see and choose the next virtual live shows dates that interest them, without having to register on the Site, as well as visit the concerned Artist profile before they purchase their ticket(s) (by clicking on the profile thumbnail in the shows list).

Validation of purchases is performed by simply following the indicated purchase process, by clicking on « Buy a ticket », by accepting the special conditions of live shows tickets purchase, and by filling mandatory fields that are indicated, including payment information (e-mail address, name, surname, billing address and payment data), and finally by clicking on the purchase validation button. This entire process systematically includes a checkbox and a complete pre-contractual information, that allows the Client to buy knowingly.

Once the purchase is validated, the Client receives his access link directly in his e-mail inbox and, by principle, forthwith.

Alyra reserves right to proceed any useful verification and to suspend and/or block a transaction in doing so, for payments security matters and as part of its control on the Site as a whole.

Participation to free shows

Participation to free shows is validated by the Client by selecting the show of his choice within the shows list, and by simply clicking on the « Watch » button, after he has explicitly accepted the present TCS within a pop-up that allows clicking on a clear and explicit button, which unlocks access to the show.

Article 21.2 · Operation of shows

The rules for operation and moderation of the shows are the same for free and payable shows. Possible interactions

Clients attend the show via the unique access link provided by Alyra after their purchase of their ticket, or by following the specified process concerning the free shows, and participate to the event by interacting with the Artist and between them via the Chat. The Chat only allows to send text and emojis messages (it is not possible to send videos or photos, or any other forms of files in the Chat).

Moderation of the Chat and commitments of the Clients

The Clients commit to use the Chat with full respect of others, music, the event, the Artists, and the applicable rule specified by Alyra.

The Clients are conscious that the Chat doesn’t allow total anonymity, and that they are identified by Alyra, for security of exchanges purposes and for the smooth running of the shows. However, they can only chose a pseudonym (the User can’t use a pseudonym that is already used by somebody else during the show or by the Artist who appears), and no picture is visible on the Chat. Only the profile picture of the Artist who organises the show is visible.

Alyra reserves right to entirely moderate the Chat and the shows, in order to ensure respect of the present TCS and of the law, and to exclude any person whose behaviour and/or words might violate such applicable rules and disturb the smooth running of the shows.

Technical compatibilities

The live shows are broadcasted by Alyra in full accordance with the Artists, through one or several software solution(s) (in particular, StreamLabs, etc.), allowing sound and image quality broadcasting, that the Artist can chose freely according to his own personal preferences.

Alyra doesn’t guarantee that this solution (chosen by the Artist), neither any of the Artist’s equipment (audio, video, etc.), will necessarily be compatible with the Client’s computing facilities. The Artist must then ensure this technical compatibility, and the Client must ensure that he will be able to attend the show and enjoy sufficient quality of sound and image via a sufficient connexion. The Client shall not hold Alyra responsible for his difficulties or impossibility to attend the show otherwise.

Moreover, Alyra totally excludes its responsibility if the Artist broadcasts or attempts to broadcast the show another software or on any other technical solution accessible by his own means.

Alyra provides a tutorial to the Artists, in order to help them prepare and broadcast their shows, for information purpose only, without it constituting a commitment from Alyra towards the Artists (to be able to smoothly broadcast their show).

In case of technical problem, Alyra recommends to send an e-mail to explain the problem, to receive technical support in order to solve the problem, on the following address: support@musicwithalyra.com.

Article 21.3 · Respect of the Artist’s intellectual property

First and foremost, it is specified that live shows on Alyra concern exclusively Artists validly registered on the Site and who are Users of the Site. The Clients commit in general and without any time limit to respect the intellectual property of the Artists he discovers on Alyra, and not to use any element of this property whatsoever against Artists or Alyra, and in violation of the applicable rules in this field.

The Artists are conscious that it is explicitly forbidden in the Alyra concert hall to propose covers of songs and tracks that are composed by and/or owned by other artists, whether they know them or not, in the absence of a written, explicit and previous authorisation, which constitutes formal authorisation from the “covered” artist to the Artist to proposes such covers as part of one or several live show(s) on Alyra.

Alyra reserves right to check any authorisation before allowing broadcasting in the concert hall, and also to suspend or stop the broadcasting of elements of intellectual property performed in violation of applicable rules, without any possibility for the Client nor for the Artist to claim any compensation in case of forced closure of a concert.

As a consequence, the Clients can enjoy original artistic contents, or covered in a legitimate way. Alyra furthermore encourages the Artists to proceed to all appropriate measures to protect their own music and to encourage or promote the broadcasting of legitimate music.

The Clients are conscious and admit without reserve that it is strictly forbidden, under legal proceedings and/or any proceeding for reparation, to capture, copy, imitate, modify, broadcast, reproduce, or use in any way and on any support whatsoever, the songs, tracks, texts, sounds and all elements of intellectual property to which they have access as part of live shows on Alyra.

As a consequence, it is also forbidden to rebroadcast the shows visible on the Site, on any other platforms whatsoever on the internet, with or without retribution or payment, under legal proceedings and/or any proceeding for reparation.

The Clients are informed that Alyra, regarding the software solutions currently used in order to ensure optimal experience during the shows, doesn’t allow recording of the shows, fully or partly, and that the recording and rebroadcasting functionality will soon be available.

Henceforth, any attempt to capture or any capture performed by a Client during a live show is against the present TCS and the law, and likely to give rise to serious legal proceedings.

Tip : You can register on the waiting list and benefit preferential conditions to access this VOD functionality if you wish, by writing on contact@musicwithalyra.com (you must then specify « waiting list – record » as the e-mail subject)

Article 22 · Process for Artists to create concerts

The Artists who want to propose a virtual show on Alyra must mandatorily first register validly on the Site (see article 13 of the present TCS), and follow the specified process via their dashboard.

Article 22.1 · Creation of payable concerts

The booking of the stage process allows the Artist to book slots between thirty (30) minutes to three (3) hours, made of successive slots of thirty (30) minutes. The Artist must chose the exact stage slot before validating the creation of his show, and fully admits that his choice determines his real slot to access the stage, which will be automatically de-connected at the expiration of the slot he chose.

The Artist shall not hold Alyra responsible for the potential impossibility to finish his stage performance otherwise, and is warmly invited to check his stage time/slot very carefully and regularly.

The Artist must then fix the price of the show ticket, by choosing the actual cost for him, once deducted the commission due to Alyra. He can do this by filling the actual cost for him and by using the Alyra software that automatically calculates the public price for the Client.

The minimum price is fixed at five (5) USD - US Dollars (this price is a standard price that doesn’t take into account the conversion rates). The price displayed to the Client before validation of his purchase will always be specified in the currency that is applicable in the country of the Artist who organises the show. Conversion must be made by the Client himself, who admits that exchange fees can be charged to him, which he can not hold Alyra responsible for. Alyra is not responsible for the variation of exchange rates and for the relationship between the Clients and their own respective bank offices.

The ticket price chosen by the Artist cannot be modified once at least one (1) valid purchase has been processed on the Site for the same show.

Article 22.2 · Creation of free concerts

Alyra can at any time select one or several Artist(s) in order to propose them to create and organise a show for free, for strictly promotional purpose; in such case, the concerned Artist will be able to create his show via his dashboard by following the same process than concerning the payable shows, with the exception of the price, fixed at 0 by Alyra for the occasion.

The Artist who wishes to organise a free show can also do this at his own initiative, and admits that in such case he must pay the price proposed previously by Alyra, via an online quote or order form, allowing him to consent knowingly to such payable service, and to approve such conditions.

Once the quote is signed, the Artist is allowed to create his free show by following the same process than for the payable shows, with the exception of the price, fixed at 0 by Alyra for the occasion.

Article 22.3 · Common conditions for all concerts

In all cases, the Artist must mandatorily chose a title for his show, which will be visible for the Clients.

Cancellation of the shows can be made by the Artist via his dashboard, within a limit of three (3) cancellation maximum in one quarter, starting from the first creation of a show.

Alyra reserves right to sanction an Artist who makes too many cancellation (in all cases of cancellation, the Clients will be notified by email and fully refunded of the purchase price).

Alyra excludes his responsibility for all the cancellation made by the Artists, as it has no power held on the Artist’s decisions, and takes charge only of the refund incurred by such potential cancellation.

Article 23 · Initial duration of the contract

Article 23.1 · Duration of the contract concerning subscriptions on Alyra

The present Contract enters into force in all its stipulations from its electronic signature by the User.

The commitments regarding the User’s subscription and account opening on Alyra come into effect after the formal validation of such subscription on the Site and the formal acceptation of the present TCS. Such commitments are a priori valid for an undetermined time limit, until they are formally terminated in accordance with article 24 and 25 of the present TCS, whether it takes form of a voluntary unsubscription from the User or a forced closure from Alyra.

In all cases, all stipulations of the Contract which can be reasonably interpreted as surviving to the full execution, the expiration, the termination or the cancellation of the Contract shall survive such execution, expiration, termination or cancellation.

Article 23.2 · Duration of the contract concerning premium subscriptions

The commitments concerning the Provider’s subscriptions are concluded by principle for a duration of one (1) month, renewable by tacit consent, without having to carry out any specific formalities. The concerned subscription is renewed at each contract monthly anniversary date, unless the User terminates it in accordance with the termination modalities hereby specified, at any time and directly online, on his account via a functionality created for this purpose.

The User fully admits that every month that has begun is entirely due, with no possibility of claiming any refund of the sums paid under the present Contract, except in case of a valid exercise of the right of retraction in the conditions of article 14.2.

Should the subscription not be renewed, the User’s request is taken into account for the following month, and the Services associated to his subscription are automatically deactivated on his account. The User can still access his account, read basic account information and reactivate a plan of his choice.

The cancellation of subscriptions is possible at any time for the Providers, directly on their dashboard on the Site. In that case, the latter can benefit the functionalities associated to their subscription maximum until its next monthly anniversary date. The subscription is cancelled and of no effect after this date.

The amount paid for the subscription thus cancelled is vested by Alyra, who will accept no refund. However, the benefit of the functionalities are opened for the Provider until the anniversary date, with no additional cost.

The Provider can still restore his subscription, and continue to use it under the same modalities than before the cancellation, if such restoration is completed before the next anniversary date of the subscription and direct debit expire, as it was defined before the cancellation. In that case, the subscription is simply restored to the same state than what it was before the cancellation.

If no restoration is completed by the Provider within this time limit, the subscription’s cancellation is definitive and the account becomes “basic”.

The Provider can still subscribe a new “premium” account, under reserve that he follows and respect the whole formal subscription process in accordance with the present TCS.

The Provider admits that if he also deletes totally his account, he cannot keep or recover any data that he initially provided in his Alyra account.

Article 24 · Voluntary unsubscriptions

The Users can unsubscribe from the Site voluntarily at any time, subject the execution of the entire remaining obligations between them and towards Alyra, including all due payments under the present TCS.

The request can be made directly by a User on the Site, via his dashboard (by clicking on the “Delete my account” button and following the specified process). In such case, Alyra completes automatically the unsubscription, and commits to notifying it forthwith by email to the User.

Under reserve of non-execution of his contractual obligations from the User, preventing the termination, the reception of such notification entails the termination of the present Contract, the entire deletion of the associated account, and the end of all contractual relationships between the concerned User(s) and Alyra.

The User admits without reserve that the voluntary unsubscription as described above entails renunciation to the benefit of the Services associates to his account, and that a new subscription is necessary in order to recover the benefit of such Services.

Article 25 · Unsubscription and closures of accounts by Alyra

Article 25.1 · Suspensions of accounts by Alyra

Alyra reserves the right to suspend an account, a Service, an Order, and/or a subscription at any time. The suspension can be lifted and the benefit of the account recovered if the concerned User proves compliance. Should the latter fail to do so, non-compliance justifies the account’s closure and unilateral termination from Alyra (see article 25).

Alyra totally excludes his responsibility, including towards third-parties, concerning all potential damages resulting from the suspension or the closure completed in accordance with these modalities.

Alyra also reserves the right to act before all appropriate bodies in order to obtain compensation for all potential damages. The damages upon which the termination and the proceedings are based shall include all prejudices, all necessary costs for the recovery of all unpaid debts, which includes all costs of proceedings.

Alyra sends to the concerned User one or several mail(s) formally notifying his failures and demanding the compliance with the latter’s obligations within a maximum time limit of thirty (30) days starting from recognition of such non-compliance.

Article 25.2 · Forced account closure by Alyra

Alyra reserve the right to terminate the Contract before its initial time period, and to act before all appropriate authorities in order to obtain compensation of all potential damages, if he justifies one or several of the following reasons:

default of payment in the conditions of the present TCS.

breach of applicable law from the User, resulting in direct or indirect prejudice(s) for Alyra, as well as failures and continued delays from the User in executing the contractual obligations hereby agreed.

major violation of applicable law likely to involve Alyra’s responsibility as a digital content publisher under the Law.

major and/or continued failures despite of Alyra’s diligences.

Specifically, the User commits to not editing, proposing or imposing to Alyra to edit content on the Site, if such content is contrary to legislation on combatting child pornography and apology of terrorism. In such cases, whether they result in damage(s) for Alyra or not, the latter waives all responsibility for the existence of such content and all related fraudulent intentions, which it shall not be regarded as accomplice, and reserves right to initiate or facilitate any legal or judiciary procedure.

The damages which confer the right of termination and lead to all proceedings are understood as including all prejudices, all necessary costs for debt collection and all costs of proceedings.

From the end of the time limit of thirty (30) days specified in article 23.1 of the present TCS, and in case of continued non-compliance from the User after a formal notice from Alyra demanding him to comply with his obligations, Alyra sends the concerned User a registered mail (with acknowledgement of receipt) notifying the forced closure of his account, and the termination of the present Contract, which takes effect from its reception, date as per postmark.

The User understands and admits that in such case, Alyra may also initiate any open recourse for compensation of all potential prejudices.

Article 26 · Suspension of the obligations in case of force majeure

None of the Parties shall be held responsible of their failure or delays in executing one or several obligations determined in the present TCS, if such failures or delays result from a case of force majeure as defined by applicable law, that is, resulting from unforeseen and unavoidable circumstances which are beyond the Parties control, despite their reasonable efforts, and within a time limit of three (3) months starting from their occurrence.

It is admitted between the Parties to the present TCS that the following cases are included in cases of force majeure from which result a damage, but not to be limited to: natural disasters, fires, floods, lightning and thunderbolt, power surges, strikes, stops in electrical energy provision, defaults of telecommunication networks, civil or foreign wars, riots and civil commotions, terror attacks, regulatory restrictions concerning provision of telecommunication services, loss of connection due to public and private operators on which Alyra depends.

In such case, the Parties admit that the suspension of their obligations is valid and lasts as long as the circumstances of force majeure continue. When this period expires the mutual obligations are applicable again, in the same conditions.

As far as possible, the Parties reciprocally commit to notifying to the other the existence of such case of force majeure within a time limit of ten (10) days starting from its occurrence, and to providing at their own initiative all necessary documentary proof.

Should the situation of force majeure suffered by one or both Parties exceeds a period of three (3) months, the Parties can validly consider their mutual obligations and the present TCS as terminated, without prejudice to any judiciary proceeding which would lead to a contrary solution.

Article 27 · Assignment of the Contract

It is admitted between the Parties that the present Contract can not be freely assigned or transferred, partly or fully, without prior, explicit and written agreement from the other Party.

However, and by way of exception, the Parties are authorised to perform the unilateral operations destined to assign partly or fully the present Contract to their related companies.

The Parties can also perform the following operations:

modification in majority holding ownership, shareholding, or control;

fusions, absorptions, sale of business, business divestiture or any operation implying asset(s) transfer(s).

In such cases, the assignment is valid subject to notifying the operation to the other Party, forthwith and in writing, and under the condition that the transferring Party guarantees that the transferee(s) will respect the present Contract.

Any assignment or any transfer performed in violation of the present article shall be deemed to be null and void and of no effect, and is likely to entail proceedings for compensation of (a) potential resulting damage(s). The other Party is hence legitimate to consider the present Contract terminated as full right without compensation.

Article 28 · Applicable law and international aspects

Article 28.1 · Applicable law

By express agreement between the Parties, the whole activity of the Site (including all uses, from any country whatsoever and by any User or Client of any nationality whatsoever), as well as the present TCS, are subject and governed exclusively by french law, and must be interpreted regarding french law.

The present TCS are initially formulated on french. In case of translation in one or several other language(s), the french version shall be the sole binding in case of dispute between the Parties.

No derogation to such stipulation can be alleged, including concerning any conflict of laws, and no international or foreignness element can be invoked for the application of any foreign rule whatsoever.

The Users who are subject to another legislation than french law admit that they must inform themselves about the applicable law in their country, and shoulder the entire responsibility of their own situation, relatively to orders, deliveries, importation and potential use of the Products and Services purchased on the Site, regarding applicable legislation in their country.

Article 28.2 · Restriction of access to the Site

Should access to the Site and to the Services not be guaranteed to Users from certain countries, as part of foreign legislations, difficulties to connect, or any restriction(s) whatsoever, independent of Alyra’s will, potential damages resulting such restriction should in no way whatsoever entail the latter’s responsibility.

Article 29 · Disagreements, mediation process, and disputes

Article 29.1 · Claims management

All claims must be sent to Alyra, either by postal or electronic mail, to the addresses specified on the Legal Notices, under the following conditions and modalities.

Claims processing

Different solutions of compensation, exchange, refund or satisfaction are implemented by Alyra.

In order to protect himself from abusive claims, Alyra reserves a right of systematic verification of the claims addressed to it, both concerning their content and the validity of the potential documentary proof that is provided with such claims.

The User must first send his complaint by email to Alyra on the following address legal@musicwithalyra.com in order to notify the situation, his dissatisfaction, and his request, in clear and unambiguous terms, and provide all useful information relatively to his subscription and the concerned Order(s) as the case may be.

The request must contain the precise reasons of the complaint, and justify a legitimate reason resulting from the failure from Alyra in executing its contractual obligations and/or non-compliance with the applicable Law.

Should the veracity of the facts and the validity of the proofs presented be determined by Alyra, the latter commits to responding by proposing a solution within a period of thirty (30) days starting from the reception of the request:

either the same Service free of defects and compliant with the initial subscription,

or an identical Service of equal value and containing the same properties, or of higher value.

Should the replacement or the reparation be impossible, Alyra commits to refunding the concerned Service(s) and the potential additional costs, within a time limit of thirty (30) days starting from the reception of the request, and by using the banking details used by the User for his initial payment as the case may be, except if the Parties agree differently and if the User provides different banking details.

Article 29.2 · Mediation procedure

Mediation procedure is accessible to the consumers who want to enforce their rights before Alyra before taking the case to court. Such recourse to mediation is free for the consumer (except if the latter voluntarily hire a lawyer, a third-party of his choice or an expert).

The User admits that the recourse to mediation cannot validly succeed if:

1. He does not justify that he tried to solve the disagreement directly before Alyra through a written request or claim;

2. The request is manifestly unfounded or abusive;

3. The dispute has been previously examined or is being examined by another mediator or by a court;

4. He brought his complaint before the mediator after the time limit of one year starting from his written request to Alyra.

5. The dispute does not fall within the competence of the mediator.

The mediator can in no way whatsoever receive instructions from the Parties nor be paid based on the results. Mediation for consumer disputes are subject to confidentiality obligation.

The potential mediation process can be done by clicking here

Article 29.3 · Jurisdictional competence

The Parties elect domicile in their respective headquarters and domicile for the execution of the present TCS.

Should no amicable solution be found to resolve potential disagreements, and by express agreement between the Parties, the disputes concerning the use of the Site and the completion of orders, the present Terms and Conditions of Services, their consequences and repercussions, shall be brought before the competent French courts in accordance with the rules applicable to the given case, without prejudice to the application of a rule implying the competence of another jurisdiction, specifically:

either the jurisdiction of Alyra’s head office, especially concerning disputes involving Users strictly acting as professional merchant;

or the jurisdiction of the User’s place of residence at the moment of conclusion of the Contract or occurrence of damaging event;

or any jurisdiction applicable by virtue of applicable Law.

To download the present TCS, click here.

Terms and Conditions of Services

Part 1 · Application of the TCS and use of the app