General Terms and Conditions of Sale & Use (GTCS/GTCU)

ARTICLE 1: Scope of application

These General Terms and Conditions of Sale and Use (hereinafter "GTCS") apply, without restriction or reservation, to any purchase of the following services:

• Generation of personalized songs

as offered by SoundGift to non-professional clients ("The Clients or the Client") on the website www.soundgift.app as well as its subdomains.

The main characteristics of the Services are presented on the website www.soundgift.app.

The Client is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Client.

These GTCS are accessible at any time on the website www.soundgift.app and will prevail over any other document. The Client declares having read these GTCS and having accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the website www.soundgift.app. Unless proven otherwise, the data recorded in SoundGift's computer system constitutes proof of all transactions concluded with the Client.

SoundGift's contact details are as follows:

JSPRB, SAS
Share capital of 10,000 euros
Registered with the RCS of PARIS, under number 990816530
60 RUE FRANÇOIS 1ER, 75008 PARIS, FRANCE
email: hello@soundgift.app

The Services presented on the website www.soundgift.app are offered for sale for the following territories:

• France;
• European Union;

However, SoundGift reserves the right to offer its Services for sale in other countries or territories at its sole discretion.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Client.

ARTICLE 2: Price

The Services are provided at the rates in force appearing on the website www.soundgift.app, at the time of registration of the order by SoundGift.

Prices are expressed in Euros, inclusive of all taxes.

The rates take into account any reductions that may be granted by SoundGift on the website www.soundgift.app.

These rates are firm and non-revisable during their validity period but SoundGift reserves the right, outside the validity period, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are billed in addition, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is established by SoundGift and given to the Client upon provision of the ordered Services.

ARTICLE 3: Order

It is up to the Client to select on the website www.soundgift.app the services they wish to order, according to the following modalities:

The client provides the necessary details for the generation of one or more personalized songs. Excerpts are then proposed to them. In case of satisfaction, they can proceed to the purchase of the full version of the generated songs.

The sale will not be considered valid until full payment of the price. It is up to the Client to verify the accuracy of the order and to report immediately any error.

Any order placed on the website www.soundgift.app constitutes the formation of a contract concluded remotely between the Client and SoundGift.

SoundGift reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment or not of a previous order.

The Client will be able to follow the progress of their order on the website.

ARTICLE 4: Payment Conditions

The price is paid by secure payment, according to the following modalities:

• by credit card (Visa, MasterCard, American Express);
• by PayPal;
• by Apple Pay;
• by Google Pay;
• and by any other payment method activated by stripe our payment partner.

The price is payable in cash by the Client, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider (stripe) involved for banking transactions carried out on the website www.soundgift.app.

Payments made by the Client will not be considered final until after effective collection of the sums due, by SoundGift.

SoundGift will not be required to proceed with the provision of the Services ordered by the Client if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5: Provision of Services and access to Services

The SoundGift service consists of the provision of digital content without physical medium.

Access to the full versions of the musical creations is provided to the Client immediately after validation and confirmation of their payment. The provision is considered as carried out at the moment the Client receives the payment confirmation giving them access to the Service on their account or via the links provided.

In case of technical difficulty preventing immediate access to the Service after payment, the Client is invited to contact customer support at the address hello@soundgift.app. The company JSPRB undertakes to implement all reasonable means to restore access as soon as possible.

In case of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by SoundGift, the related costs will be the subject of a specific additional invoice later.
In the absence of reservations or claims expressly made by the Client upon receipt of the Services, these will be deemed compliant with the order, in quantity and quality.
The Client will have a period of 7 days from the provision of the Services to make claims. Claims will be made exclusively by email to the address hello@soundgift.app, with all related supporting documents, to SoundGift.
No claim can be validly accepted in case of non-compliance with these formalities and deadlines by the Client.
SoundGift will refund or rectify as soon as possible and at its expense the Services whose lack of conformity has been duly proven by the Client.

ARTICLE 6: Right of withdrawal

In accordance with the provisions of Article L221-28, 13° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium whose execution has begun after prior express agreement of the consumer and express waiver of their right of withdrawal.

The Client acknowledges and accepts that the provision of the Soundgift service begins immediately after validation of their order.

Consequently, by accepting these General Terms and Conditions of Sale when ordering, the Client gives their express consent for the immediate execution of the service and expressly waives their right of withdrawal. No refund can be made once the payment is validated and the service provided.

ARTICLE 7: Client Obligations and Prohibitions regarding Content and Consequences

The Client is solely and entirely responsible for the content (lyrics, themes, information provided) they submit to the Provider for the creation of the song, and undertakes to use the Soundgift service in strict compliance with the law and good morals.

The Client notably refrains from submitting any content that would be:

• Contrary to the laws and regulations in force;
• Infringing on the fundamental rights of others (dignity, privacy, image, etc.);
• Infringing on the intellectual or industrial property rights of third parties ;
• Constituting an incitement to hatred, violence or discrimination.
• Defamatory, insulting or slanderous towards persons or groups of persons;
• Pornographic, obscene or of explicitly sexual nature;
• Inciting illegal or dangerous behaviors;
• Containing computer viruses or any other malicious code likely to harm the operation of the Soundgift service or the computer systems of the Provider.

Consequences of non-compliance (Blocking without payment):

SoundGift reserves the right to refuse, block or cancel at any time the generation or provision of the song if the submitted content contravenes one of these prohibitions, including when proposing excerpts (in accordance with Article 3).

In case of non-compliance by the Client with these obligations and prohibitions, SoundGift reserves the right to suspend or immediately terminate the Client's access to the service, without prejudice to any damages they may claim due to the harm suffered.

The Client guarantees JSPRB/SoundGift against any claim or legal action emanating from third parties due to the content submitted by the Client for the creation of the song. The Client undertakes to indemnify SoundGift for all costs, damages and expenses (including legal fees) resulting from such claims or legal actions.