Legal Notice, Data Privacy, Terms of Sale and Terms of Use
Table of Contents
GDPR
Tokatab may process your personal data because:
- You have given us permission to do so
- The processing is in our legitimate interest and is not overridden by your rights
- For payment processing purposes
- To comply with the law
Data Retention
Tokatab retains usage data for internal analysis purposes. Usage data is generally retained for a shorter period, except when this data is used to strengthen security or improve the functionality of our service, or when we are legally required to retain this data for longer periods. Tokatab will only retain your personal data for as long as necessary for the purposes set out in this privacy policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Data Transfer
Your information, including personal data, may be transferred to and stored on computers located outside your state, province, country, or other governmental jurisdiction where data protection laws may differ from those of your jurisdiction.
If you are located outside France and choose to provide us with information, please note that we transfer the data, including personal data, to France and process it there.
Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer.
Tokatab will take all reasonably necessary measures to ensure that your data is treated securely and in accordance with this privacy policy, and no transfer of your personal data will take place to an organization or country unless adequate controls are in place, including the security of your data and other personal information.
Data Disclosure
Business Transaction
If Tokatab is involved in a merger, acquisition, or asset sale, your personal data may be transferred. We will notify you before your personal data is transferred and becomes subject to a different privacy policy.
Legal Requirements
Tokatab may disclose your personal data in good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of Tokatab
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Data Security
The security of your data is very important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals Under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not wish to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
If you reside in the European Economic Area (EEA), you have certain data protection rights. Tokatab strives to take reasonable measures to allow you to correct, modify, delete, or limit the use of your personal data.
If you wish to be informed of the personal data we hold about you and if you wish to have it deleted from our systems, please contact us.
Under certain circumstances, you have the following data protection rights:
- The right to access, update, or delete the information we hold about you. You can request the deletion of your personal data directly from your user profile in your account or write to us at contact@tokatab.com.
- The right to rectification. You have the right to have your information corrected if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your personal data.
- The right to restriction. You have the right to request that we limit the processing of your personal information.
- The right to data portability. You have the right to receive a copy of the information we have about you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time when Tokatab has relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. You have the right to lodge a complaint with a data protection authority regarding our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, provide services related to the Service, or assist us in analyzing how our Service is used.
These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Service Integration
We use Google Analytics on the chord library (www.dico.tokatab.com) but with anonymized data, so it is not considered personal data. We use it only to improve the quality of our service.
We also use Google Analytics & Amplitude to collect data on the services offered on our main product on the sites https://www.alpha.tokatab.com, http://app.tokatab.com, and https://www.tokatab.com. We use them only to improve the quality of our services.
You can find the corresponding privacy policy rules by following these links:
- Google (Search Console & Analytics data): https:/ /www.google.com/policies/privacy/
- Amplitude (analytics data): https://amplitude.com/privacy
Payments
We may provide paid products and/or services as part of the Service. In this case, we use third-party payment processing services (e.g., payment processors).
We use the service provider stripe.com: https://stripe.com/fr/privacy.
We will not store or collect your payment card details. This information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Links to Other Sites
Our Service may contain links to other sites that we do not operate. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to This Privacy Policy
We may update our privacy policy from time to time. We will notify you of any changes by posting the new privacy policy on this page.
You are advised to review this privacy policy periodically for any changes. Changes to this privacy policy are effective when they are posted on this page.
Contact Us
If you have any questions about this privacy policy, please contact us:
By email: contact@tokatab.com
Terms of Sale
Last updated: February 7, 2023
TOKATAB allows Users to access the Educational Offer free of charge, subject to the User complying with the Terms of Use.
TOKATAB also offers a Premium Educational Offer, which is paid, allowing Users to perfect their learning method by playing Music made available to them on their piano or by completing Challenges.
These Terms of Sale are intended to govern the relationship between TOKATAB and the User in connection with the User’s subscription to the Premium Educational Offer.
- Definitions
- Seller Designation – Information
- General Principles
- Availability and Enforceability of Terms of Sale
- Modification of Terms of Sale
- Access to the Site and Content of the Premium Educational Offer
- Products and Services
- Offer and Acceptance
- Order
- Price
- Renewal
- Account Termination or Suspension
- Termination Clause
- Cancellation and Refund
- Personal Data
- Intellectual Property
- Liability and Force Majeure
- Miscellaneous
- Applicable Law, Mediation and Competent Court
1. Definitions
In the context of these Terms of Sale, the following terms beginning with a capital letter shall have the following meaning:
Challenges: refer to short excerpts of Music from the Repertoire that allow the User to work on a particular piano technique in a known musical context.
Terms of Use: refer to the general terms of use accessible at the following URL: https://www.tokatab.com/privacy#cgu.
Terms of Sale: refer to these general terms of sale.
Account: refers to the personal identification space allowing a User to access, depending on the offer, the Services and Content, and use them.
Content: refers to all elements distributed via the Internet network on the Site and in particular, but not limited to, the structure, architecture of the Site and Services, documents, information, texts, videos, graphics, images, visuals, illustrations, photographs, logos, patents, trademarks, sounds, designs and models, software, databases, tools, as well as any other content present and/or composing the Site or the Services of the Site.
Music: refers to Royalty-Free Music and/or Non-Royalty-Free Music.
Royalty-Free Music: refers to music that has fallen into the public domain upon expiration of their protection period in accordance with the provisions of intellectual property law.
Transformed Music: refers to Royalty-Free Music and Non-Royalty-Free Music that were not originally composed for piano and for which TOKATAB has made arrangements to make them accessible to pianists of all levels.
Non-Royalty-Free Music: refers to music that does not belong to the public domain.
Educational Offer: refers to the services offered free of charge to the User, corresponding to the provision of exercises and piano learning methods, in their current and future version as well as any evolution they may undergo.
Premium Educational Offer: refers to the paid services accessible to the User on the Site, allowing them to access the Repertoire and/or Challenges, in their current and future version as well as any evolution they may undergo.
Payment Platform: refers to TOKATAB’s partner platform allowing the User to pay for the chosen subscription price.
Repertoire: refers to the inventory of Music made available to Users by TOKATAB for the use of the Services.
GDPR: refers to EU Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data.
Services: collectively refer to the services of the Educational Offer and the Premium Educational Offer.
Site: refers to the website accessible from the following URL: www.tokatab.com.
User: refers to any natural person of legal age with full legal capacity who has access to the Site and its content, and/or uses it.
2. Seller Designation – Information
The Site is published by TOKATAB, a SAS with capital of €10,694, whose registered office is located at 50 rue de l’Université, 69007 Lyon, France, registered with the Lyon Trade and Companies Register under number 888 886 850.
3. General Principles
These Terms of Sale apply exclusively to the online sale of Premium Educational Offers on the Site. The content of the Site may be viewed by the User for strictly personal use for free content, and in exchange for payment of a price for paid content and TOKATAB services.
These Terms of Sale as well as all contractual information mentioned on the Site are written in French in their original version, which alone is authentic and prevails over any other version.
4. Availability and Enforceability of the Terms of Sale
The Terms of Sale are made available to the User on the Site where they can be consulted directly, and may also be provided upon simple request by email.
The Terms of Sale are enforceable against the User, who acknowledges—by ticking a box provided for this purpose—having read and accepted them without restriction or reservation before placing an order.
Validation of the order by confirmation constitutes the User’s acceptance of the Terms of Sale in force on the date of the order. Their retention and reproduction are ensured by TOKATAB in accordance with Article 1127-2 of the French Civil Code.
5. Amendment of the Terms of Sale
TOKATAB reserves the right to amend these Terms of Sale at its discretion.
In the event of an amendment, the applicable Terms of Sale are those in force on the date of the order. A dated copy of the Terms of Sale in force on that date may be provided to the User upon request.
6. Access to the Site and to the Content of the Premium Educational Offer
6.1. Under the various subscriptions offered, TOKATAB undertakes to make the services of the Premium Educational Offer available to the User via the Site. The User then has unlimited access to the Services offered on the Site for the duration of their subscription. It is specified that the User may access the services of the Premium Educational Offer as soon as payment has been made, by using the email address and password chosen when creating their Account.
6.2. The Site is accessible 24/7 worldwide on the User’s compatible devices (computers, smartphones, and touchscreen tablets).
TOKATAB nevertheless reserves the right to interrupt access to the Site content at its sole discretion, without prior notice, in particular:
- in order to carry out technical work or any maintenance operation,
- in the event the Site is used in a manner contrary to the Terms of Sale or the Terms of Use.
It is the User’s responsibility to set up the IT and telecommunications means enabling access to, and viewing of, the content of the Premium Educational Offer.
The User is solely responsible for the information they provide on the Site. Consequently, TOKATAB cannot be held liable for the consequences of any error related to the transmission of incorrect information.
Before any use of the Site, the User will be required to choose personal and confidential identifiers (email address and password), used to identify them and enable access to their Account, in particular to manage their profile and orders and to access the content of the Premium Educational Offer.
The User expressly undertakes to keep their identifiers confidential and to take the necessary measures to ensure that no third party, in any capacity whatsoever, has access to these identifiers and can thus unlawfully access their profile. The User expressly undertakes to inform TOKATAB immediately in the event of theft, loss, or unlawful use of their email address and/or password.
7. Products and Services
7.1. Features of the Premium Educational Offer
As part of the Premium Educational Offer, the User has unlimited access to all the Site’s Services, including the services of the Educational Offer as well as the Repertoire and the Challenges, for the duration of their subscription.
Pursuant to Article L 111-1 of the French Consumer Code, TOKATAB invites users to consult on the Site the details of the services, prices, and the dates on which the Repertoire and the Challenges are made available.
7.2. Compliance
The Services offered on the Site comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions, and the protection of Users at the time they are placed on the market.
7.3. Availability
The subscription offers in force relating to the Premium Educational Offer are those displayed on the Site on the date the order is recorded. TOKATAB reserves the right to amend them at any time under the conditions set out in Section 5 above.
8. Offer and Acceptance
The subscription offers presented on the Site are valid, unless otherwise indicated, for as long as they appear on the Site.
The User’s acceptance of the offer is validated, in accordance with the double-click process, by confirming the order.
9. Order
9.1. Steps to conclude the contract
To subscribe, the User—after filling their virtual cart by indicating the selected offer—then clicks the “Pay” button and provides the payment method information.
Before clicking the “Pay” button, the User may check the details of the order and the total price and return to previous pages to correct any errors or, where applicable, amend the order.
Confirmation of the subscription results in acceptance of the Terms of Sale and forms the sales contract. In this respect, an email acknowledging receipt of the order and payment is sent by TOKATAB to the User as soon as possible to the email address provided by the User when creating their Account.
The subscription is personal to the User and may not be transferred without TOKATAB’s prior written consent.
9.2. Amendment of the subscription
Any change to the subscription by the User after confirmation is subject to TOKATAB’s acceptance.
10. Price
10.1. Trial period
TOKATAB may offer the User a free trial period of the Premium Educational Offer for a duration of 15 days.
At the end of this trial period, the User may continue to use, free of charge, the services included in the Premium Educational Offer for an additional period of one (1) month, provided that they agree to an interview with TOKATAB (by phone or video conference). The interview must be selected by the User when renewing the trial period and must take place during the first week following the renewal. If the User fails to attend the interview, TOKATAB reserves the right to partially or totally suspend the User’s Account.
At any time before or during the trial period, TOKATAB may terminate free access to the services of the Premium Educational Offer without notice and without any liability towards the User, to the extent permitted by law, for any reason whatsoever, including to prevent abuse of free access to the services of the Premium Educational Offer.
During the free period, no express or implied warranty applies to the services included in the Premium Educational Offer. All services included in the Premium Educational Offer are provided “as is” with all faults, and no technical support or other support is included.
After the end of the trial period (whether renewed or not), the User may continue to use the services included in the Premium Educational Offer only by subscribing to a paid plan.
10.2. Subscription prices
The subscription prices are indicated, for each offer appearing on the Site, in euros and include VAT applicable on the date of the order; any change in the rate will be reflected in the price of the offers.
The User can access the offers by clicking here.
10.3. User costs
It is reminded that connection and communication costs (Internet and mobile Internet) related to use of the Site and the services offered on the Site are not covered by TOKATAB and remain exclusively at the User’s expense.
10.4. Change to subscription prices
TOKATAB reserves the right to change its prices at any time, while guaranteeing the User the price in force on the date the order is confirmed.
10.5. Payment of the price
The subscription is payable in euros. The total amount due by the User is indicated on the order confirmation page. The price is payable in full upon confirmation of the order.
In the event of a promotional price, TOKATAB undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
Different payment methods for the subscription price are offered by the Payment Platform. The terms of payment of the subscription price are defined and governed by the Payment Platform. These terms are set out in the general terms and conditions of sale and use of the Payment Platform. Before any payment, the User must read the general terms and conditions of sale and use of the Payment Platform through which they pay for their subscription.
Payment will be made in advance (payment due at the beginning of the period), upon subscription, by SEPA direct debit or credit card, until cancellation of the subscription, whether cancellation is initiated by the User or by TOKATAB.
The contract takes effect only upon payment of the agreed price.
In the event of tacit renewal, the Premium Educational Offer is accessible only upon effective payment. Failing this, use of the services included in the Premium Educational Offer will be suspended by TOKATAB.
TOKATAB is in no event responsible for any bank or credit card fees or charges incurred by the User in connection with payment of the subscription.
Unless the User provides evidence to the contrary, computerized records stored in the Payment Platform’s IT systems under reasonable security conditions shall be considered proof of the communications, orders, validations, and payments that took place between the User and TOKATAB.
These records shall prevail unless written proof to the contrary is provided by the Member.
These records are archived on a reliable and durable medium so as to constitute a reliable copy in accordance with Article 1379 of the French Civil Code.
11. Renewal
By subscribing to the Premium Educational Offer, the User agrees to the automatic retention of their bank card details to ensure management of automatic renewal.
At each end-of-period date, depending on the chosen subscription term, and if the User has not ended the service before the cancellation deadline, the service amount will be automatically debited from the bank card details that the User agreed to provide to TOKATAB for renewal when subscribing to the Premium Educational Offer. The subscription will then be renewed tacitly for a period identical to the one initially chosen.
If the banking details provided when subscribing to the Premium Educational Offer have expired and the User does not provide details of another bank card, TOKATAB reserves the right to prevent the User from accessing the services of the Premium Educational Offer as of the date on which renewal should have taken place.
12. Termination or Suspension of the Account
12.1. These Terms of Sale are entered into for a fixed term, namely from their acceptance by the User under the conditions described in the preamble until cancellation of the subscription.
12.2. Termination by TOKATAB: Without prejudice to any damages that TOKATAB may claim, TOKATAB reserves the right to suspend a User’s access to the Site and the services offered on the Site and/or to terminate a User’s subscription and/or to unsubscribe the User from the Site, automatically, without notice or compensation, and without prior formal notice, in the event of breach of one or more obligations incumbent on the User under the Terms of Sale and the Terms of Use. In the event of suspension of the Services, the User will be informed by TOKATAB via an information screen upon connection to the Site.
12.3. Termination by the User: the cancellation deadline will be communicated to the User by email in accordance with Article L. 215-1 of the French Consumer Code. The User may view the cancellation deadline at any time by logging into their Account.
Article L 215-1 of the French Consumer Code provides:
“For service contracts concluded for a fixed term with a tacit renewal clause, the service provider informs the consumer in writing, by a named letter or dedicated email, at the earliest three months and at the latest one month before the end of the period allowing refusal of renewal, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
When this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Advances made after the last renewal date or, for open-ended contracts, after the date the initial fixed-term contract is converted, are in that case refunded within thirty days from the termination date, minus sums corresponding, up to that date, to performance of the contract.
The provisions of this Article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information.”
Article 241-3 of the French Consumer Code provides: “Where the professional has not refunded under the conditions set out in Article L 215-1, the sums due accrue interest at the legal rate.”
Termination: If the User does not wish to renew the Premium Educational Offer, notice of refusal must be given before the cancellation deadline recalled in the reminder email, either from the User’s Account by clicking the button that disables automatic renewal or directly to TOKATAB by sending a registered letter with acknowledgment of receipt to the following address: 50, Rue de l’Université, 69007 Lyon, France. Processing of the notice will be effective at the end of the current period, provided that cancellation occurred before the cancellation deadline as indicated above.
Termination therefore takes effect at the end of the current period and does not entitle the User to any refund of the price of the Premium Educational Offer. All amounts paid for the Premium Educational Offer shall remain definitively acquired by TOKATAB.
13. Termination Clause
If the initial payment is not validated by banking services, the subscription shall be terminated automatically by TOKATAB without any formalities.
14. Cancellation and Refund
Pursuant to Article L 221-28 of the French Consumer Code, the User is informed that the right of withdrawal cannot be exercised for certain contracts.
According to Article L. 221-28 of the French Consumer Code:
“The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and, where the contract places the consumer under an obligation to pay, whose performance began with the consumer’s prior express consent and with the consumer’s acknowledgment of the loss of the right of withdrawal when the service has been fully performed by the professional; 2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period; 3° For the supply of goods made to the consumer’s specifications or clearly personalized; 4° For the supply of goods likely to deteriorate or expire rapidly; 5° For the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6° For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items; 7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the time of conclusion depends on market fluctuations beyond the professional’s control; 8° For urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by the consumer, limited to spare parts and work strictly necessary to respond to the urgency; 9° For the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery; 10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications; 11° Concluded at a public auction; 12° For the provision of accommodation services other than residential accommodation, transport of goods services, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period; 13° For the supply of digital content not supplied on a tangible medium where performance has begun before the end of the withdrawal period and, where the contract places the consumer under an obligation to pay, when: a) The consumer has given prior express consent for performance of the contract to begin before the end of the withdrawal period; and b) The consumer has acknowledged that they will lose their right of withdrawal; and c) The professional has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L. 221-13.”
Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised by the User, in particular when use of TOKATAB’s services has begun after the User’s prior consent and the User’s waiver of the right of withdrawal.
When accessing the services, the User therefore consents to the immediate supply of the digital content and thereby waives the right of withdrawal. Where applicable, the User acknowledges that the Premium Educational Offer cannot be subject to a right of withdrawal.
15. Personal Data
As data controller, TOKATAB processes personal data in order to manage the customer relationship (in particular order management, use of the “customer” area, marketing for similar/analogous products and/or services, fraud prevention management, and billing management). This data processing is based on this contract. If the required information is not provided, access to the content cannot be delivered. Data recipients are the departments in charge of billing and communications, management, and any subcontractors/service providers of TOKATAB.
Data is retained for the period necessary for the purpose of processing, namely performance of this contract, and for the period linked to applicable limitation rules. Banking data is retained by a secure payment service provider. This provider is solely responsible for the banking information communicated to it.
A User who does not wish to receive emails from TOKATAB proposing similar/analogous services may indicate this when placing an order by ticking the box provided for that purpose and, in emails received, by clicking the “Click here to unsubscribe” link at the bottom of said emails.
The User has the right to request from TOKATAB, as data controller, access to their personal data, rectification or erasure of such data, or restriction of processing of their data, or the right to object to processing and the right to data portability, under the conditions provided by the GDPR. The User also has the right not to be subject to a decision based solely on automated processing, including profiling.
If the User considers, after contacting TOKATAB, that their “Data Protection” rights are not respected, the User may lodge a complaint with the CNIL (Commission Nationale de l’Informatique et des Libertés).
To exercise the rights provided in this section or for any question about the processing of personal data, the User may contact TOKATAB by sending their request to contact@tokatab.com.
16. Intellectual Property
The elements reproduced on the Site, including in particular the Content and the Non-Royalty-Free Music and the Transformed Music, are the exclusive property of TOKATAB, or are subject to rights of use, reproduction, and representation granted to TOKATAB.
Any reproduction and any distribution of these elements, without TOKATAB’s prior written authorization, exposes offenders to legal proceedings.
17. Liability and Force Majeure
17.1. Liability
TOKATAB cannot be held liable if the Services offered on the Site are incompatible with certain equipment and/or functionalities of the User’s devices. It is the User’s responsibility to ensure proper functioning and configuration of their equipment.
In addition, it is the User’s responsibility to protect their devices, in particular against any form of intrusion and/or contamination by viruses. TOKATAB cannot under any circumstances be held liable for any intrusion and/or virus contamination of the User’s equipment, or for any malfunction or deterioration of such equipment resulting from the User’s fault, clumsiness, or negligence.
TOKATAB cannot be held liable for improper use of the Site by the User, nor for use of the Account by a third party to whom the User has communicated their identifiers or who accessed the Account as a result of the User’s fault, clumsiness, or negligence.
TOKATAB cannot be held liable for any fraudulent exploitation of the Site and its content that may occur without its knowledge or in violation of the Terms of Sale or the Terms of Use.
TOKATAB cannot be held liable for malfunctioning hyperlinks on the WELCOME CLUB Site leading to third-party websites, nor for their content including advertisements, products, services, and/or any other material available on or from said third-party sites.
If TOKATAB’s liability is found in connection with performance of the contract, such liability shall be limited to direct material damage only, to the exclusion of any indirect and/or non-material damage, including in particular any loss of turnover, profit, operating loss, renown, reputation, claims by third parties, commercial and/or economic loss, and other loss of income. In any event, it is expressly agreed between the User and TOKATAB that TOKATAB’s total liability shall not exceed the amount paid by the User for the relevant order.
17.2. Force majeure
TOKATAB cannot be held liable if non-performance or delay in performance of any of its obligations, as described herein, results from a force majeure event, within the meaning of Article 1218 of the French Civil Code, and those usually recognized by French case law. Force majeure events also include long-term failure of the power grid, war (declared or not), general labor strikes, riots, epidemic or pandemic diseases, health crises, quarantine measures, fires, floods, storms, earthquakes, failure of the public telecommunications network, requisition by public authorities, unavailability of the Internet network, exceptional flooding, accidents, attacks, computer or power failures, or other events beyond TOKATAB’s control.
18. Miscellaneous
18.1. Assignability of the contract – gift
The User may not assign or transfer the rights held under the Terms of Sale unless they obtain TOKATAB’s prior written consent.
18.2. Clauses of the Terms of Sale
If one or more clauses of the Terms of Sale were to be declared null and void, in particular following a regulatory change, a court ruling, or an administrative decision, the remainder of the Terms of Sale shall remain in force and shall not be invalidated, except where the clause is a driving and determining clause that led one of the parties to enter into the contract.
TOKATAB’s temporary or permanent non-enforcement of one or more clauses of the Terms of Sale shall not constitute a waiver of the other clauses, which shall continue to produce their effects.
18.3. Archiving and evidence
Archiving of communications, order forms, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code. These communications, order forms, and invoices may be produced as evidence of the contract.
19. Applicable Law, Mediation and Competent Court
19.1. The Terms of Sale are governed by French law.
If any provision of the Terms of Sale were declared illegal or unenforceable under French law in force, the parties agree that this shall not affect the continuation of these Terms of Sale. TOKATAB shall then endeavor to replace such provisions with new equivalent provisions compliant with the legislation in force.
Interpretation and performance hereof fall within the jurisdiction of the courts as provided by law.
19.2. Prior complaint
In the event of a complaint or dispute, the User must first contact TOKATAB by sending their complaint either by registered letter with acknowledgment of receipt to: 50, Rue de l’Université, 69007 Lyon, or by email to: contact@tokatab.com.
19.3. Conventional mediation and alternative dispute resolution
Failing settlement of the dispute or in the absence of a reply from TOKATAB within two (2) months, the User is informed that they may resort to conventional mediation or any other alternative dispute resolution method, in particular by having free recourse—within one year from the complaint—to the competent consumer mediator in accordance with the provisions of Title I of Book VI of the French Consumer Code:
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
If this mediation fails, or if the User does not wish to use it, the User remains free to submit the dispute to the competent courts.
Privacy Policy
Tokatab (“we” or “our”) operates the websites and application hosted at https://www.alpha.tokatab.com, http://app.tokatab.com, https://www.dico.tokatab.com and https://www.tokatab.com (hereinafter referred to as the “Services”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.dico.tokatab.com.
Definitions
Services
The Services are the websites and application hosted at https://www.alpha.tokatab.com, http://app.tokatab.com, https://www.dico.tokatab.com and https://www.tokatab.com operated by Tokatab.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes and the manner in which personal information are, or are to be, processed.
For the purposes of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
A Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
User
The User is any living individual who is using our Services and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Services.
Types of Data Collected
Personal Data
While using our other Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, device identifiers, and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Tokatab uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers, and general information about other goods, services, and events we offer that are similar to those that you have already purchased or inquired about, unless you have opted not to receive such information
Identification & Access
You may log in to our site using single sign-on (SSO) authentication services such as Google, Facebook, and Apple. These services will authenticate your identity and give you the option to share certain personal information with us, such as your name and email address, in order to pre-fill our registration form.
Legal Notice
TOKATAB
Simplified joint-stock company (SAS) with share capital of €10,694
Registered with the Lyon Trade and Companies Register under number 888 886 850
Registered office: 50 rue de l’Université – 69007 Lyon, France
Phone: [phone number]
Email: contact@tokatab.com
VAT No.: FR 00888886850
Publication Director: Mr. Florent JOUGUELET-LACOSTE
Website hosting:
OVH
Simplified joint-stock company with a single shareholder, share capital of €10,174,560.00
Registered with the Lille MĂ©tropole Trade and Companies Register under number 424 761 419
Registered office: 2 Rue Kellermann – 59100 ROUBAIX, France
Phone: [hosting provider phone number]
www.ovhcloud.com/fr/
title: Terms of Use anchor: cgu
TERMS OF USE
Last updated: February 7, 2023
TOKATAB offers a method for learning piano without sheet music and an artificial assistant that will support the User’s progress regardless of their level, thanks to an analysis engine powered by technology based on the principles of artificial intelligence.
These Terms of Use are intended to set out the rules for access to and use of the Site and its content by the User, as well as TOKATAB’s obligations.
Use of the Site implies the User’s full and unconditional acceptance of these Terms of Use. In this context, the User expressly acknowledges that, prior to using and browsing the Site, they have read all of the information below and expressly accept it. Otherwise, the User must refrain from using the Site and the content offered by TOKATAB. Use of the Site and its content constitutes acceptance of the most recent version of the Terms of Use.
Definitions
Within the Terms of Use, capitalized terms have the meaning given in Section 1 entitled “Definitions” of the Terms of Sale.
Site accessibility and maintenance
TOKATAB uses reasonable means to ensure that the Site, the Services, and the Content are made available, except in cases of force majeure or events beyond TOKATAB’s control, and subject to any outages and maintenance operations necessary for the proper functioning of the Site. Maintenance operations may be carried out without prior notice to Users.
Any User may access the Site and the content of the Educational Offer free of charge, subject to creating an Account and having it validated. Creating an Account requires providing a first name, last name, and email address, and choosing a password. Registration to obtain an Account is free of charge (excluding Internet connection costs borne by the User). Validation of the Account occurs by clicking the link sent by TOKATAB to the email address provided by the User during the registration process. The Account is created for an indefinite period, subject to closure by the User or TOKATAB.
To log in to their Account, the User must provide their email address and a password.
Access to the content of the Premium Educational Offer is conditional upon subscribing under the terms and conditions set out in the Terms of Sale.
Access to and use of the Site, the Services, and the Content require a broadband Internet or mobile Internet connection. The User’s Internet connection is not covered by TOKATAB. It is therefore the User’s responsibility to subscribe in advance to a broadband and/or mobile Internet offer with an Internet service provider in order to access and use the Site, the Services, and the Content.
In the event of difficulties related to access to or use of the Site, the Services, the Content, or Account creation, the User may contact technical support at the email address indicated in Section 10 below.
TOKATAB reserves the right to suspend access to the Site, the Services, and/or the Content in the event of (i) fraudulent or non-compliant use, or (ii) an attempt at fraudulent use of such access, or (iii) breach of the Terms of Use.
User commitments
The Services and the Content available via the Site are intended solely for personal, non-commercial use. The User agrees not to use the Services and/or the Content for public performances.
The User is solely responsible for the information they provide on the Site and is fully responsible for all activities that occur under their Account. Consequently, TOKATAB cannot be held liable for the consequences of any error related to the transmission of incorrect information. Before any use of the Site, the User will be required to choose personal and confidential identifiers (email address and password) used to identify them and enable connection to their Account, in particular to manage their profile. The User expressly undertakes to keep their identifiers confidential and to take the necessary security measures so that no third party, in any capacity whatsoever, has access to their identifiers and can thus unlawfully access their profile. The User undertakes to inform TOKATAB immediately of any unauthorized use of their identifiers or their Account, or any other security breach they may notice.
The User must ensure that they log out of their Account at the end of each session when accessing the Site. TOKATAB will not be responsible for losses or damage resulting from the User’s failure to comply with this Section 3.3.
The User undertakes not to use another User’s account and not to provide another person with their access codes (email address and password) to access their Account.
The User undertakes not to modify, reproduce, or hack all or part of the Site, the Services, and the Content and/or not to modify or create another website in order to mislead potential users into believing that such website is associated with the services offered by TOKATAB.
The User undertakes not to sell, resell, duplicate, download, extract, store, use, reproduce, communicate, display, distribute, assign, adapt, license, sublicense, pledge, and/or transmit in any other way all or part of the Site, the Services, and the Content, or use of the Site and access to the Services and Content, or any element listed in Section 5 below.
A User who provides information grants TOKATAB all transferable rights relating to that information and authorizes TOKATAB to use it. Information thus provided by Users will be considered non-confidential. However, where the information provided constitutes personal data within the meaning of applicable law, it is processed in accordance with the Privacy Policy applicable to the Site.
The User declares that they have verified that their computer configuration contains no viruses and is in perfect working order.
The User undertakes not to hinder, disrupt, divert, or more generally act in any way that is not in accordance with normal use of the Site.
Users undertake, on each visit to the Site, to comply with the Terms of Use applicable to all Services and Content of the Site, whether provided free of charge or not.
The User declares that they are of legal age and are not subject to a legal protection measure for adults (safeguard of justice, guardianship, or curatorship).
The User acknowledges that they are solely responsible for their Internet access. The User is thus personally responsible for protecting their devices and equipment by implementing appropriate hardware and/or software measures. The User bears all costs and risks related to use of the Site.
TOKATAB’s liability
The User declares that they accept the characteristics and limits of an online service, and in particular acknowledge:
- that TOKATAB is subject to a best-efforts obligation;
- that they are aware of the uncertainties inherent in using an online service, particularly regarding response times;
- that it is their responsibility to take all necessary measures to ensure that the technical characteristics of their computer and/or IT network allow access to the Site, the Services, and the Content;
- that it is their responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet or contracted by any other electronic means.
As a result, TOKATAB provides no guarantee of continuity of the Site, the Services, and/or the Content, and cannot guarantee absolute accessibility and security of the Site, the Services, and/or the Content. The User expressly acknowledges that they use the Site, the Services, and/or the Content at their sole risk and under their sole responsibility.
Accordingly, except for damage caused by TOKATAB’s breach of its obligations, TOKATAB cannot under any circumstances be held liable for direct or indirect damage of any kind resulting from use of the Site, the Services, and the Content offered, from unavailability or failure of the Site, the Services, and/or the Content, from loss of data, from the presence of viruses on the Site, or any material or immaterial damage resulting in any way from connection to the Site and/or use of the Services and/or the Content.
TOKATAB cannot under any circumstances be held liable for disruptions or interruptions of Internet access networks, failures of the User’s computer or telephone equipment, and more generally any event related to Internet access conditions.
TOKATAB cannot be held liable for any unavailability of the Services or the Content resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code and those usually recognized by the case law of French and European courts. Force majeure events also include long-term failure of the power grid, war (declared or not), general labor strikes, riots, epidemic or pandemic diseases, health crises, quarantine measures, fires, floods, storms, earthquakes, failure of the public telecommunications network, requisition by public authorities, unavailability of the Internet network, exceptional flooding, accidents, attacks, computer or power failures, or other events beyond TOKATAB’s control.
Intellectual property
Principle. The overall structure of the Site and all elements composing it, including in particular the Content, are the exclusive property of TOKATAB or are subject to rights of use, reproduction, and representation granted to TOKATAB.
These elements are protected by law, in particular by the provisions of the French Intellectual Property Code relating to copyright and trademark law. Use and browsing of the Site therefore confer no intellectual property rights in these elements to the User.
The User may use these elements only within the scope of using the Site and the Services in accordance with these Terms of Use, and for private, non-commercial purposes.
Any reproduction or representation, in whole or in part, of these elements by any means whatsoever, without TOKATAB’s prior express authorization, is prohibited and would constitute infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.
Databases. Any databases made available to the User are the property of TOKATAB, which acts as the producer of databases. The User is prohibited from extracting or reusing a qualitatively or quantitatively substantial part of the databases, including for private purposes.
Hyperlinks and third-party content
The Site may contain hyperlinks to other websites over which TOKATAB has no control. Despite prior and regular checks carried out by TOKATAB, TOKATAB declines any responsibility for the content that the User may find on third-party websites.
The User is solely responsible for use of the content of third-party websites to which the Site refers.
The Site may contain or provide access to information, elements, or services that may be provided by TOKATAB partners or third parties. In such case, TOKATAB:
- does not guarantee the accuracy, timeliness, completeness, or relevance of such information, elements, or services, and
- cannot be held liable if any partner or third party infringes any intellectual property rights or other rights of any person or any applicable regulation.
Term
The Terms of Use apply for the entire duration of the User’s use of the Site, including any use of the Services and the Content.
Failure to comply with any obligation under the Terms of Use will result, without formalities or prior notice to the relevant User, and without prejudice to any damages TOKATAB may claim:
- immediate termination of the contract between TOKATAB and the User;
- immediate deactivation of the User’s access to the Services and the Content.
Unless otherwise stipulated, the User may close their account from their Account by clicking “Delete my account”, under their sole responsibility. Deleting an Account results in the definitive and irreversible deletion of all information it contains.
In the event of breach of the Terms of Use by the User, TOKATAB will be entitled to terminate the User’s access to the Site.
Miscellaneous provisions
Severability: if any provision of the Terms of Use is declared null or unenforceable under a law, regulation, or following a final court decision, it will be deemed unwritten and the other provisions will remain in force.
Updates to the Terms of Use: TOKATAB may update these Terms of Use at any time. TOKATAB will inform the User by any means, for example by email to the address provided in their Account or via the Services, of any changes within a reasonable time before they take effect. The User will thus be able to review them. If the User does not accept these changes, they may delete their Account and, where applicable, cancel their Subscription under the conditions set out in the Terms of Sale. Otherwise, the new Terms of Use will apply from their effective date.
Changes to the Services and Content: TOKATAB strives to constantly improve its Services and develops new features to provide a better experience in using the Site and its Services. TOKATAB therefore reserves the right, at any time and without having to justify it, to develop the Site and its Services, including by making new features available or by modifying and/or removing the Services and/or features currently offered to the User.
Applicable law – competent courts
These Terms of Use are governed by French law.
In the event of a dispute relating to the Terms of Use, whether regarding their interpretation or performance, TOKATAB and the User will endeavor to settle the dispute amicably prior to any legal action. The User may contact TOKATAB by sending an email to the address indicated in Section 10 below.
Failing an amicable settlement, the French courts will have jurisdiction in accordance with applicable procedural rules.
Contact details
For any questions relating to use of the Account, the Site, and the Services, the User may contact TOKATAB by sending an email to: contact@tokatab.com.