Terms of Use

Any use of the Service implies full and unreserved acceptance of these Terms.

1. Purpose of the service

Newphonia is an audio streaming service enabling the listening of musical tracks, soundscapes, playlists and audio content designed, generated, composed, produced and operated using artificial intelligence processes, in accordance with Ragencia's editorial, technical and commercial model.

The Service notably enables:

• streaming audio content via the Application;
• access to playlists, selections, ambiances and thematic catalogues;
• use of the Service under various subscription plans, free or paid;
• for certain plans, broadcasting in public places or venues open to the public, under the conditions set out herein.

Ragencia reserves the right to modify, develop, suspend, restrict or remove, at any time, all or part of the Service, its features, catalogue, plans, interface, access methods or terms of use, subject to applicable legal provisions.

2. Service description and definitions

Newphonia is an online platform (SaaS software) enabling music broadcasting from a musical catalogue, for individuals and businesses. The Service is offered under several plans, including a free plan funded by advertising and paid plans without advertising.

• Application: any website, application, interface, player or technical medium providing access to Newphonia.
• Account: personal space created by the User to access the Service.
• Content: all musical tracks, sound creations, playlists, ambiances, audio files, metadata, visuals, text, selections, interfaces and elements accessible via the Service.
• NewPhoniaFree: free plan of the Service, reserved for private use.
• NewPhoniaPro: paid plan of the Service authorising, within the limits set out herein, broadcasting in public places or venues open to the public.
• Public place / venue open to the public: any professional, commercial, association, institutional or event venue accessible, even partially, to customers, visitors, the public, users, patients, clients or guests.

3. Access to the Service and account creation

Use of the Service requires creation of a user account. The user undertakes to provide accurate, complete and up-to-date information and to keep it updated. The user is solely responsible for the confidentiality of their login credentials and for any activity carried out from their account.

Access to the Service requires an internet connection, the cost of which remains the user's responsibility. The Publisher endeavours to ensure Service availability but cannot guarantee uninterrupted access. Ragencia also offers a tablet with a jack output on loan with a deposit for use of the application.

4. Account creation and security

The User is responsible for the confidentiality of their credentials and for any activity carried out via their Account. In case of suspected unauthorised use, the User must contact Ragencia at contact@ragencia.com.

5. User obligations

The user undertakes to use the Service in accordance with its intended purpose and applicable law. They are notably prohibited from:

• reproducing, copying, downloading, redistributing or exploiting the musical catalogue outside expressly authorised uses;
• circumventing technical protection measures or advertising on the free plan;
• using the Service for unlawful purposes or in a manner infringing third-party rights;
• disrupting the operation of the Service or attempting to access it fraudulently.

6. Usage

Individual plans are exclusively reserved for private, personal and non-commercial use. Any broadcasting in a public place or venue open to the public is prohibited.

Professional plans allow broadcasting of audio Content in public places or venues open to the public, exclusively via the Application and within the framework of the Service. This authorisation is non-exclusive, non-assignable, non-transferable and revocable.

A tablet with the application preloaded, enabling Bluetooth or jack connection, may be loaned against a €100 deposit during the subscription process.

7. Subscription, payment and renewal

Pricing, billing, renewal and cancellation terms are those displayed at the time of subscription. See also our Terms of Sale.

8. Licence granted to the User

The user undertakes to use a paid plan when streaming video if they use the Service. The free plan does not permit this due to the public-oriented audience.

9. Advertising (free plan)

The free plan is funded by the broadcast of advertising messages. By subscribing to this plan, the user accepts the presence of advertising within the Service. The user may access an ad-free experience by subscribing to a paid plan.

10. Intellectual property

The Service, its software components and musical catalogue are protected by intellectual property law. Subscription to the Service grants the user a personal, non-exclusive and non-transferable right of use, limited to the duration of the subscription and subject to these Terms. No transfer of intellectual property rights is granted.

11. Nature of Content — Artificial Intelligence Generation

11.1 Origin of content and absence of human intervention

Musical and audio content offered within the Newphonia Application (hereinafter the "Content") is generated autonomously by artificial intelligence systems, without direct or indirect human creative intervention in their design, composition, performance or fixation.

None of the Content results from the exploitation, adaptation or reproduction of pre-existing works protected by intellectual property rights, nor from performances by performing artists or phonogram producers.

11.2 Absence of qualification as a work of authorship

In the absence of human creative intervention, the Content does not constitute works of authorship within the meaning of copyright law as defined by the French Intellectual Property Code and consistent case law requiring the imprint of an author's personality.

11.3 Exclusion of neighbouring rights

The Content gives rise to no neighbouring rights insofar as it does not proceed from the performance of a performing artist, nor from the production of a phonogram by a producer within the meaning of applicable provisions, notably Article L.214-1 of the French Intellectual Property Code.

Consequently, no equitable remuneration or neighbouring rights royalty may legally be required for broadcasting the Content under the conditions set out in the Terms of Sale and these Terms.

11.4 Independence from collective management organisations

Ragencia declares that Content broadcast via Newphonia does not fall within any repertoire managed by a collective management organisation, notably SACEM or SPRE, and is not subject to the collection or redistribution regimes operated by these organisations.

11.5 Absence of additional royalties

Where use complies with these Terms of Sale and Terms, notably for broadcasting in venues open to the public via the Application, no additional sum may be due by the Client on any grounds relating to copyright or neighbouring rights, beyond the NewPhoniaPro subscription price.

11.6 Contractual enforceability and Client acknowledgement

The Client expressly acknowledges:

• having been fully informed of the nature of the Content and its specific legal regime;
• that the Content is excluded from the scope of copyright and neighbouring rights;
• that they use the service with full knowledge of this legal specificity.

11.7 Warranty clause and allocation of risks

Ragencia warrants to the Client that use of the Content under the conditions set out in the Terms of Sale entails, to its knowledge, no obligation to pay copyright or neighbouring rights.

In the event of a claim or demand from a third party or collective management organisation, Ragencia undertakes to provide the Client with any useful information to justify the nature of the Content.

The Client undertakes to inform Ragencia without delay of any request, formal notice or action relating to such claims.

11.8 Absence of implicit recognition of rights

Any voluntary or compelled payment by the Client to a third-party organisation may not be interpreted as recognition of the existence of rights attached to the Content nor as engaging Ragencia's liability.

11.9 Interpretation and legislative developments

This article reflects the current state of applicable French and European law regarding AI-generated content.

Should legislative, regulatory or case-law developments affect the legal qualification of the Content, the Parties agree to consult in good faith to adapt the contractual terms.

12. Prohibited uses

It is notably prohibited to copy, record, extract, redistribute, resell, synchronise, make Content available outside the Service, circumvent technical limitations, or use NewPhonia Individual plans in public.

13. Service availability

The Service is provided "as is" and subject to availability. Ragencia may carry out maintenance and does not guarantee continuous availability.

14. Liability

Ragencia disclaims liability for indirect damages and for malfunctions attributable to third parties or the User's equipment, within the limits permitted by law.

15. Personal data

Personal data processing is detailed in the Privacy Policy available on the website/Application.

16. Amendment of the Terms

The Publisher reserves the right to amend these Terms at any time. Users are informed of any material amendment. Continued use of the Service after amendment constitutes acceptance of the new Terms.

17. Governing law — Disputes

French law. Prior attempt at amicable resolution.

18. Contact

RAGENCIA SAS — 35 rue Pastorelli, 06000 Nice — Email: contact@ragencia.com

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