Legal Notice and General Terms and Conditions

Contact details of the owner of the Songtape website and application (hereinafter «Songtape» or the «Provider»):

Email

info@songtape.com

Website

songtape.com

Users may contact the Provider with any question, incident or complaint at the email address above, which constitutes a direct and effective means of communication for the purposes of the LSSI-CE.

This document (the «Terms») governs access to, browsing and use of the website songtape.com, its mobile applications and the services offered through them (together, the «Service»), as well as the purchase of paid plans.

Songtape is a collaborative cloud platform for musicians and bands to create and organise songs, lyrics, chords, tabs, setlists, albums, concerts, calendars, expenses and audio files, and to share them with the members of each project.

A «User» is any person who accesses the Service, whether registered or not. Accessing and using the Service implies acceptance of these Terms in the version published at that time. Registering an account and purchasing a paid plan also require express acceptance.

You must be at least 14 years old to register. Minors under 18 may not purchase paid plans without the consent of their parents or legal guardians.

These Terms are supplemented by the Privacy Policy and the Cookie Policy. They are available in Spanish, English, French and German; in the event of any discrepancy, the Spanish version prevails.

• Users undertake to provide truthful and up-to-date information when registering, either with an email address and password or with their Google account.
• Login credentials are personal and non-transferable. Users are responsible for keeping them safe and for the activity carried out from their account, and must notify the Provider without delay of any unauthorised use.
• Each project (band) has an owner User, who creates it and, where applicable, purchases the paid plan. The owner decides which members to invite and may revoke their access. Invited members access the project content with the permissions granted by the Service.
• Users may delete their account at any time from their profile. The consequences for their data are described in the Privacy Policy.

All intellectual and industrial property rights in the Service and its elements — including, without limitation, the software, source and object code, graphic design, interface, own texts, logos and icons, the «Songtape» trade mark and trade name, and the databases and their structure — belong to the Provider or its licensors and are protected by the Spanish Intellectual Property Act (Royal Legislative Decree 1/1996 of 12 April) and the Trade Marks Act (Law 17/2001 of 7 December).

Reproduction, distribution, public communication, transformation or any other exploitation of these elements without the Provider's express written authorisation is prohibited, except for the use necessary to use the Service in accordance with these Terms. Decompiling or reverse-engineering the software, circumventing its technical protection measures or extracting data in bulk or by automated means is also not permitted, except where expressly allowed by law.

This clause does not apply to content created or uploaded by Users, which belongs to them and is governed by clause 5.

«User Content» means any material that a User creates, uploads or stores in the Service: musical compositions, lyrics, chords, tabs, sheet music, recordings and audio files, images, notes, setlists, band data and any other information.

Users retain at all times full ownership of their Content and of all the intellectual property rights they hold in it, including the moral and economic rights in their compositions, lyrics and recordings. Using the Service does not involve any assignment or transfer of those rights to the Provider. Songtape does not claim ownership of your songs, lyrics, audio or data.

For the sole purpose of providing the Service, the User grants the Provider a non-exclusive, royalty-free, worldwide, non-transferable licence, limited to the time the Content remains in the Service, to: (a) host and store the Content and its backups; (b) make the necessary technical adaptations, such as converting and compressing audio files into formats suitable for playback, or generating PDF exports; and (c) display the Content to the User, to the members of the projects to which the User or the project owner has given access and, when the User uses the public link sharing feature, to anyone who has that link.

The Provider will not publish, sell or transfer User Content to third parties, will not exploit it commercially and will not use it to train artificial intelligence models. The licence ends when the User deletes the Content or their account, subject to the technical time needed to delete it from backups, as set out in the Privacy Policy.

Content created as a group

When several Users collaborate in the same project, the rights in the works belong to their authors or right holders under intellectual property law (for example, as a work of joint authorship). The Provider does not determine or certify authorship or the split of rights among band members, and does not intervene in any agreements or disputes between them. Bands are advised to document their authorship agreements and, where appropriate, to register their works with the Intellectual Property Registry or the relevant collecting society. The history and dates shown by the Service are for information only and do not constitute proof of authorship.

User warranty

Users warrant that they own the Content they upload or hold the necessary authorisations (for example, from co-authors, performers, producers or publishers) to store and share it through the Service, and that such Content does not infringe third-party rights or the law.

With regard to the Content that Users upload to the Service, the Provider acts as a hosting service provider within the meaning of Article 16 of the LSSI-CE and Regulation (EU) 2022/2065 (Digital Services Act). The Provider does not create, select, review or control in advance the files that Users upload, store or share, and has no general obligation to monitor them.

Consequently, Users are solely responsible for the files and content they upload, store or share, for their lawfulness and for the consequences of their use. The Provider shall not be liable for such content and, in particular, for: (i) any infringement of intellectual property, image or any other third-party rights committed through it; (ii) its accuracy, quality or lawfulness; (iii) the use that other project members, or people with whom the User shares a link, make of the content the User has given them access to; or (iv) the presence of viruses or other harmful elements in files uploaded by Users.

This exemption applies under the terms of Article 16 of the LSSI-CE: provided that the Provider has no actual knowledge that content is unlawful or harms the property or rights of a third party or, if it does, acts diligently to remove it or disable access to it.

Reporting unlawful content

Anyone who believes that content hosted on Songtape is unlawful or infringes their rights may report it to info@songtape.com, stating: (a) their contact details; (b) the precise identification of the content (for example, the link); (c) the reasons why they consider it unlawful; and (d) a statement of good faith regarding the accuracy of the information provided. The Provider will handle the notice diligently and may remove or block the content and, where appropriate, suspend the responsible account, informing the affected User of the decision and its reasons unless the law prevents it. The affected User may submit a response to the same address.

Indemnity

To the extent permitted by law, the User shall hold the Provider harmless against third-party claims arising from content the User has uploaded or shared or from unlawful use of the Service attributable to the User, including reasonable legal defence costs.

Backups

The Service is not a substitute for your own archive or backup system. Audio files are stored in a compressed format optimised for playback, so Users are advised to always keep their original files. The foregoing does not exclude the Provider's liability for data loss caused by its own breach or negligence.

Users undertake to use the Service diligently, lawfully and in accordance with these Terms. In particular, they may not:

• upload or share content that infringes third-party intellectual or industrial property rights, or that is unlawful, defamatory, discriminatory or violent, or that undermines human dignity or the protection of minors;
• use the Service as generic storage for files unrelated to musical activity, or to publicly distribute protected works without their right holders' authorisation;
• introduce viruses or harmful code, or attempt to gain unauthorised access to other people's accounts, projects or systems;
• circumvent the technical or usage limits of their plan, deliberately overload the infrastructure or interfere with the normal operation of the Service;
• impersonate another person or use the Service to send unsolicited communications.

Breach of this clause may lead to the removal of the content concerned and to the suspension or cancellation of the account in accordance with clause 12.

8.1 Plans

Songtape offers a free plan (Free), with reduced features and usage limits, and a paid plan (Pro) by periodic subscription. The features, limits (number of projects, songs and storage space) and current prices of each plan are set out on the website's pricing page, which forms part of these Terms in the version in force at the time of purchase.

8.2 Prices and taxes

All prices are stated in euros (€) and include Value Added Tax (VAT). For consumers resident in mainland Spain and the Balearic Islands, the standard rate of 21 % applies. For consumers resident in other EU Member States, the VAT rate of their country of residence applies under the One-Stop Shop (OSS) scheme, so the final price may vary slightly by country. Customers resident in the Canary Islands, Ceuta, Melilla or outside the European Union are not charged Spanish VAT, without prejudice to any applicable local taxes. The final price, including all taxes, is always shown before payment is confirmed.

The invoice, available in the customer portal, shows the taxable amount, the VAT rate applied and the resulting VAT amount. Business customers in other Member States with a valid intra-Community VAT number may enter it at checkout so that the reverse-charge mechanism applies.

8.3 Purchase process

The purchase is made entirely online, following these steps:

1. While signed in, the User selects the Pro plan from their profile or from the pricing page.
2. Before paying, the User ticks the box expressly requesting that the service start immediately and confirming that they have read these Terms.
3. The User is redirected to Stripe's secure payment gateway, where they enter their payment details and can review the final price including taxes and correct any errors before confirming.
4. By clicking the payment button, the User enters into the contract, which involves an obligation to pay.
5. The Provider confirms the purchase by email, and the invoice is made available in the customer portal.

The contract is concluded in the language chosen by the User from those available. The Provider stores the details of each purchase electronically, and the User can view them in the customer portal or request them by email.

8.4 Payment methods

Payment is processed by Stripe, an authorised payment institution, by credit or debit card and any other methods shown in the payment gateway at the time of purchase. The Provider does not have access to or store the User's full card details. The amount is charged in advance at the start of each billing period.

8.5 Service delivery

The Pro plan is activated immediately after payment is confirmed, with no further delivery time, and the Service is provided continuously throughout the contracted period. If, for technical reasons, activation does not occur within 24 hours, the User may report it to info@songtape.com so that it is resolved or, if that is not possible, to obtain a full refund.

8.6 Automatic renewal and cancellation

• The subscription renews automatically at the end of each period for a period of the same length, at the price in force at that time, unless the User cancels it before the renewal date.
• Users may cancel their subscription at any time from their profile, without penalty or minimum term. Cancellation takes effect at the end of the period already paid, until which the User keeps access to the Pro features.
• At the end of the paid period, the account moves to the Free plan. If the stored Content exceeds that plan's limits, the User has a grace period of 14 calendar days to download or reduce their files or subscribe to Pro again. After that period, the Provider will delete the audio files that exceed the limit, keeping the most recent ones up to the plan limit (50 MB) and deleting the rest, oldest first; songs, lyrics, albums and the project itself will never be deleted.
• Any price change will be notified by email at least 30 days before the renewal it affects. If the User does not agree, they may cancel the subscription before that date at no cost.

In accordance with Articles 102 et seq. of the Spanish General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007 of 16 November, «TRLGDCU»), Users who are consumers have 14 calendar days to withdraw from the subscription contract without giving any reason and without any penalty. The period runs from the day the contract is concluded.

How to exercise it

To exercise this right, the User must inform the Provider of their decision to withdraw by an unequivocal statement sent by email to info@songtape.com. The User may use the model form below, but it is not obligatory. To meet the deadline, it is sufficient to send the communication before the period expires.

Model withdrawal form — To info@songtape.com: I hereby give notice that I withdraw from my contract for the provision of the following service: Songtape Pro subscription. Ordered on: ____. Name of consumer: ____. Account email address: ____. Date: ____.

Effects of withdrawal

If the User withdraws, the Provider will reimburse all payments received without undue delay and in any event no later than 14 calendar days from the day on which it is informed of the decision, using the same means of payment used by the User and at no cost to the User.

If the User expressly requested, by ticking the box before payment, that the Pro plan start during the withdrawal period and then withdraws, they must pay an amount proportionate to the part of the service provided up to the date on which they communicate their withdrawal, in relation to the total price of the contracted period (Article 108.3 TRLGDCU). That amount will be deducted from the refund.

Exceptions

Under Article 103 TRLGDCU, the right of withdrawal does not apply, among other cases, to services that have been fully performed within the withdrawal period, where performance began with the consumer's express consent and acknowledgement that they will lose their right of withdrawal once the contract has been fully performed. Nor does it apply to Users contracting for business or professional purposes.

The right of withdrawal is independent of the ability to cancel the subscription at any time with effect from the end of the paid period (clause 8.6).

The Provider is liable for any lack of conformity of the Service in accordance with Articles 114 et seq. of the TRLGDCU. As a continuously supplied digital service, it is liable for any lack of conformity that occurs or becomes apparent throughout the subscription period.

If the Service does not work as contracted, the User may report it to info@songtape.com, describing the issue. The User is entitled to have the Service brought into conformity free of charge, within a reasonable time and without significant inconvenience. If this is not possible, is not done within a reasonable time or the lack of conformity is serious, the User may choose a proportionate price reduction or termination of the contract, with a refund of the part of the price corresponding to the period in which the Service was not in conformity.

Refunds are made using the same means of payment, within a maximum of 14 calendar days from when they are agreed. Outside the cases of withdrawal, lack of conformity or others where the law so requires, subscription periods that have already started are not refunded. However, if the User has had any problem, they may write to info@songtape.com and their case will be considered in good faith.

The Provider uses reasonable means to keep the Service available and secure, but cannot guarantee uninterrupted or error-free operation. The Service may be temporarily interrupted for maintenance, updates, force majeure or failures of infrastructure providers (such as Google Cloud or Stripe) beyond its control. Whenever possible, scheduled interruptions will be announced in advance.

To the extent permitted by law, the Provider shall not be liable for: (a) interruptions, failures or delays of the Service not attributable to it; (b) damage resulting from misuse of the Service by the User or by people to whom the User has given access, or from breach of these Terms; (c) content uploaded by Users, under the terms of clause 6; (d) unauthorised access to the account due to the User's lack of diligence in safeguarding their credentials; or (e) the content or services of third-party websites linked from the Service.

Towards Users contracting for business or professional purposes, the Provider's total liability is limited to the amount paid by the User in the twelve months preceding the event giving rise to it, excluding loss of profits and indirect damage.

Nothing in these Terms excludes or limits the Provider's liability for wilful misconduct or gross negligence, for death or personal injury, or the rights that consumer protection law grants the User on a mandatory basis.

Users may stop using the Service and delete their account at any time. If they have an active subscription, they are advised to cancel it first; deleting the account does not entitle the User to a refund of the current period, except in the cases provided for in clauses 9 and 10.

The Provider may suspend or cancel the account of a User who seriously or repeatedly breaches these Terms, in particular clauses 6 and 7, or when required by a competent authority. Except in urgent cases (manifestly unlawful content, risks to the security of the Service or other Users, or legal requirements), the Provider will notify the User in advance, stating the reasons and granting a reasonable period to remedy the breach or download their Content. If cancellation is due to reasons not attributable to the User, the proportional part of the paid and unused period will be refunded.

If the Provider decides to permanently discontinue the Service, it will notify Users at least 60 days in advance, allow them to download their Content during that period and refund the proportional part of subscriptions paid and not used.

The processing of Users' personal data is governed by the Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD). The use of cookies and similar technologies is described in the Cookie Policy. Both documents are accessible from the website footer.

The Provider may amend these Terms for valid reasons, such as legislative or case-law changes, changes to the Service's features or providers, or security reasons. The current version will always be published on this page, with the date of its last update.

Material changes will be notified to registered Users by email or by a prominent notice in the Service at least 30 calendar days before they take effect. If the User does not agree, they may cancel their subscription or delete their account before that date without penalty and, if they have a paid subscription in progress, request a refund of the unused proportional part. Continued use of the Service once the changes are in force will be deemed acceptance of the new Terms.

Corrections that do not alter the rights and obligations of the parties, and changes required by law, apply from publication. Each purchase is governed by the Terms in force at the time it is made.

These Terms are governed by Spanish law.

Where the User is a consumer, any dispute shall be submitted to the courts of the consumer's place of residence, in accordance with Article 90.2 TRLGDCU and Article 52.3 of the Spanish Civil Procedure Act. If the consumer resides in another EU Member State, the application of Spanish law will not deprive them of the protection afforded by the mandatory rules of their country of residence (Article 6 of Regulation (EC) No 593/2008, Rome I), and they may bring proceedings before the courts of their domicile (Article 18 of Regulation (EU) No 1215/2012).

Complaints and out-of-court dispute resolution

Users may submit any complaint to info@songtape.com. The Provider will respond as soon as possible and in any event within one month of receipt. Users may also contact the consumer services of their region or municipality, or the Spanish Consumer Arbitration System, submission to which is voluntary for both parties.