CONDITIONS OF CONTRACT

- SoundToro.com belongs to FREE MUSIC PROJECTS, S.L. (C.I.F B-86488244), a company based in Madrid, at Calle Antracita, 30, and offers its clients and interested parties a Musical Background Service with some rights included under the conditions established in this contract.

  

- FREE MUSIC PROJECTS S.L declares and guarantees that it is the licensee of all the musical works it manages and that it has the necessary licenses to offer the Client, through a private restricted access Client Area, a series of musical works with some rights included for their use in public and/or commercial spaces.

 

- The authors, producers, artists, performers, or interpreters of the musical works managed by FREE MUSIC PROJECTS S.L. do not belong to any copyright management entity, or belong to entities that allow their authors to grant direct licenses to users. According to Directive (EU) 2019/790, authors can grant direct licenses for their works, canceling any collective license over those works. This means that, in accordance with European legislation, users do not have to pay additional copyright fees for using these works in commercial establishments or for any other use that has been negotiated with the authors.

 

- It is the sole responsibility of the client to only reproduce the content provided by FREE MUSIC PROJECTS S.L. through the service. In case the client reproduces other musical or sound content, FREE MUSIC PROJECTS S.L. is not responsible for the rights that may be generated or for the public communication fees that may be required by the collective management organizations. Additionally, in those countries where intellectual property laws establish mandatory collective management of copyright, phonographic or related rights, it will be the sole responsibility of the client to pay these mandatory rights at their own exclusive cost. The client agrees to comply with all the requirements of the legislation of their country in relation to the payment of such mandatory rights.

 

- FREE MUSIC PROJECTS S.L authorizes the use of its content on the contracted global area to be sonorized. In the event that this area is incorrect or the number of points of sale varies, FREE MUSIC PROJECTS S.L is fully authorized to cease the provision of services and cancel the contract without the need to go to court. The geographical location of the points of sale and the areas of these establishments are detailed in the data entered by the User on Soundtoro.com. Additionally, the client agrees that FREE MUSIC PROJECTS S.L may request, via e-mail and/or burofax, data for the verification of the contracted area, such as plans and/or cadastral information, which must be provided within 5 calendar days. If this information is not provided within the specified time, FREE MUSIC PROJECTS S.L reserves the right to cancel the service and annul the license without the need to go to court. This verification process is essential to ensure the correct provision of the service.

 

- FREE MUSIC PROJECTS S.L will provide the client, through access to a private user area, via email and password, on the soundtoro.com website, with a set of musical channels that can be streamed.

 

- The collection of the service fees for musical ambiance will be made 14 days after the start of the free trial period. The collection will always be made in advance for the service to be provided, for a year, which starts from the date of the start of the free trial period.

 

- FREE MUSIC PROJECTS, S.L. is authorized to withdraw the service and terminate the contract without the need to go to court if the user does not promptly pay any debt, as well as for non-compliance with the conditions stipulated in this contract, without prejudice to the right to claim for this or any other concept.

 

- Under no circumstances may the client connect different devices simultaneously, either in the specified space or in others different from this one.

 

10º - In the event that the client does not promptly pay the corresponding fees, or for any other reason the present contract expires, FREE MUSIC PROJECTS S.L is widely authorized to abandon the provision of the service and without the need to go to court.

 

11º - FREE MUSIC PROJECTS S.L. is exempt from all liability for possible interruptions or anomalies in the service that are beyond its control, and consequently cannot be the subject of a claim for this reason nor will it be obliged to provide any compensation to the client.

Interruptions beyond the control of FREE MUSIC PROJECTS S.L. include, but are not limited to, the following situations:

  • Force Majeure: Any unforeseen and unavoidable event that makes it impossible to fulfill the contract, such as natural disasters (earthquakes, floods, hurricanes, etc.), fires, pandemics, wars, terrorist acts, civil disturbances, or any other similar event.
  • Internet Network Interruptions: Connectivity failures due to issues with Internet Service Providers (ISP), telecommunications infrastructure failures, denial of service attacks (DDoS), or other technical problems beyond the direct control of FREE MUSIC PROJECTS S.L.
  • External Technical Problems: Any failure or interruption in third-party technological systems necessary for the provision of the service, such as streaming servers, cloud storage platforms, external database services, or any other external technology service provider.
  • Third-Party Actions: Interruptions caused by acts or omissions of third parties, including but not limited to, sabotage, hacking or any form of cyber attack, government actions that restrict access to the Internet or specific services, or any other external intervention affecting the provision of the service.
  • Scheduled Maintenance: Temporary interruptions necessary to perform updates, improvements, or system maintenance, provided that these interruptions are notified to the client with reasonable advance notice.

In the event that any of the above-mentioned interruptions occur, FREE MUSIC PROJECTS S.L. commits to taking all reasonable measures within its reach to restore the service as soon as possible. However, these interruptions will not give rise to compensation, indemnification, or reduction of the contracted fees, except in those cases where applicable law provides otherwise.

This additional specification aims to clarify situations that are beyond the control of FREE MUSIC PROJECTS S.L., thus providing greater transparency and predictability for both the company and the client.

 

12º - The price of the musical ambiance service listed in the corresponding section of this contract is considered fixed and unchangeable during the current year. Starting January 1 of the following years, FREE MUSIC PROJECTS S.L. is authorized to automatically update this price.

 

13º - The present contract will terminate its validity for any of the following reasons:

  1. Cancellation of the client's subscription through their own User Area.
  2. Mutual agreement of the parties.
  3. Non-compliance by any of the parties with any of the obligations incurred.
  4. Any other cause provided by law or validly stated in any of its clauses.

 

14º - The initial duration of the present contract is set at 1 year from the start of the free trial period, and will be mandatory for both parties. It will only be charged if the client does not cancel the subscription within the first 14 days of the free trial. After the one-year period, it will be tacitly renewed for successive one-year periods, provided the user does not cancel their subscription through their Client Area.

 

15º - Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the service contracts between SoundToro.com and the User, will be submitted to the jurisdiction of the courts of Madrid and Spanish Tribunals.