Terms of Service

1. Legal Notice (Mentions Légales)

In accordance with the French Law on Confidence in the Digital Economy (LCEN), please note the following legal information:

• Publisher: Compagny under construction
• Company Registration:Compagny under construction
• Publication Director: Compagny under construction
• Hosting Provider: This website is hosted by BlazingFast, located at Ocean Plaza, 3rd F – Room 2518, Taipa, Macau, Contact: support@blazingfast.io .

2. Acceptance of Terms

By using Ivory, you acknowledge that you have read, understood, and agreed to these Terms of Use and our Privacy Policy. If you do not agree, please refrain from using the Service.

3. Description of the Service

Ivory provides tools to transcribe piano audio recordings into sheet music or MIDI files using AI. The Service is intended for musicians, educators, and enthusiasts for personal or professional use.

4. User Accounts and Registration

• Account Creation: You may be required to create an account to access certain features. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You must notify Ivory immediately of any unauthorized use or security breach.

5. Subscriptions and Payments

Certain features of Ivory may require payment or a subscription plan. By subscribing or making any payment:

• Billing Information: You agree to provide accurate billing information. Payments are securely processed through our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms and privacy policy. You grant Ivory and our payment processor the right to charge the payment method you have provided for applicable fees.
• Renewals and Cancellations: Subscription plans may renew automatically unless you cancel before the renewal date. Cancellation policies vary by plan and will be communicated at the time of purchase.
• Exception to the Right of Withdrawal / Droit de rétractation: As Ivory provides digital content not supplied on a tangible medium, and the processing happens immediately, by subscribing and immediately using the transcription Service, you expressly consent to the immediate performance of the contract and acknowledge that you waive your 14-day right of withdrawal in accordance with Article L221-28 of the French Consumer Code.
• Refunds: Because of the high computing costs associated with AI transcriptions, and due to the waiver of the right of withdrawal mentioned above, all payments are generally non-refundable once the service has been used. Ivory may consider refund requests on a case-by-case basis at its sole discretion (e.g., in the event of major technical failures).

6. User Responsibilities and Conduct

• Permitted Use: You agree to use the Service only for lawful purposes and in compliance with these terms.
• Intellectual Property Rights Over Transcribed Content: You represent and warrant that you have all necessary rights and permissions to upload and transcribe the piano audio files you submit. If you do not own or have rights to the content, you must obtain permission before using the Service to transcribe it.

Prohibited Activities: You must not:

• Reverse-engineer, modify, or create derivative works of Ivory.
• Use the Service for illegal activities or to infringe upon the intellectual property rights of others.
• Upload harmful content (e.g., viruses, malicious software, or content that is defamatory, obscene, or otherwise objectionable).
• Attempt to bypass or interfere with security-related features of the Service or compromise the integrity of our platform.

7. Intellectual Property

All content provided by Ivory, including software, designs, algorithms, branding, and underlying technology, is owned by Ivory and its licensors. You may not reproduce, distribute, or exploit this content without explicit permission. Your use of the Service does not grant you any ownership rights in Ivory’s intellectual property.

8. Disclaimer of Warranties

Ivory provides the Service on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranties, express or implied, regarding the reliability, quality, merchantability, fitness for a particular purpose, or completeness of the transcriptions or other features of the Service. The AI-generated transcriptions may contain errors, omissions, or inaccuracies, and Ivory is not liable for the outcome of any transcription or subsequent use of that content.

You acknowledge that the quality of the transcription may depend on the quality of your audio input, the complexity of the piece being transcribed, and other factors beyond Ivory’s control.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Ivory, its affiliates, directors, employees, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Service, your inability to access the Service, the quality of transcriptions, or any other matter related to the Service. This limitation of liability does not apply in cases of gross negligence, intentional misconduct, or bodily injury where mandatory local laws (such as French or EU consumer laws) prohibit such exclusions.

10. Changes to Terms

Ivory reserves the right to modify these Terms of Use at any time. Changes will be effective upon posting to the Ivory website. Your continued use of the Service following the posting of changes constitutes acceptance of the revised terms.

11. User-Generated Content and Copyright

By uploading, submitting, or otherwise providing content to the Service, you confirm that such content does not violate any third party’s intellectual property rights, privacy rights, or any other applicable laws. Ivory does not monitor all content uploaded by users. However, Ivory reserves the right to remove or disable access to any content that Ivory believes, in its sole discretion, may infringe on the rights of others or be otherwise illegal, inappropriate, or harmful.

12. Data Use and Privacy

Ivory respects your privacy and handles any personal data in accordance with our Privacy Policy. By using the Service, you consent to the collection, use, and sharing of your information as described in that policy. Audio processed through the Service is not stored by Ivory. It is processed solely for the purpose of generating transcriptions and is discarded after processing.

You understand and agree that usage metadata and transcription analytics may be used by Ivory for debugging and improving the software or user experience. However, Ivory explicitly does not use your audio data or personal transcriptions to train machine learning models. All data handling is conducted in line with our commitment to user privacy and data security, as outlined in our Privacy Policy.

13. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Service. You are solely responsible for ensuring that your use of the Service, including the transcription Service, is legal in your jurisdiction.

14. Third-Party Links and Integrations

The Service may contain links to third-party websites or services not owned or controlled by Ivory. Ivory does not endorse or assume any responsibility for any third-party websites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk.

15. Termination and Suspension

a. Termination for Cause: Ivory may suspend or terminate your access to the Service if you materially breach these Terms of Use. Where appropriate, we will provide you with prior notice and an opportunity to cure the breach. However, we may terminate or suspend your account immediately and without notice if your actions pose a security risk to the Service, involve illegal conduct, or cause legal liability for Ivory or other users.

b. Termination for Convenience: Ivory may also terminate your access to the Service or discontinue the Service entirely. In such cases, we will provide you with reasonable advance notice (e.g., 30 days) to allow you to make alternative arrangements.

c. Effect on Data: Upon termination, your right to use the Service will cease. Unless your account was terminated for severe security or legal violations, Ivory will allow you a reasonable period (e.g., 30 days) to export your user content and personal data before it is permanently deleted, in accordance with our Privacy Policy and applicable laws.

16. Copyright, DMCA, and Rights Management

Private Use and User Responsibility: Ivory is a public web platform providing automated piano transcription services, but all content generated remains entirely private to the user. Transcriptions are strictly confined to your personal account and cannot be published, shared, or accessed by anyone else through the Service. Furthermore, Ivory processes audio data (such as user-provided audio files or YouTube links) in real-time but does not store audio files on our servers. By using the Service, you represent and warrant that you have the lawful right, authorization, or a valid legal exception (such as "fair use" or the "private copy exception") to process the audio or video material you submit.

Rights and Licenses: Because your content is private and not broadcasted, you are not granting Ivory a license to publicly exploit, distribute, or monetize your musical works. However, you are solely responsible for ensuring that your personal use of the Service does not violate any third-party copyrights, exclusive recording agreements, or obligations to Performing Rights Organizations (PROs) or music publishers. Ivory assumes no responsibility for any royalties or licensing fees arising from your private use of the platform.

Copyright Infringement (France & EU): Ivory operates primarily from France and complies with applicable French and European regulations, including the French Law on Confidence in the Digital Economy (LCEN). Although user accounts are private and not actively monitored, if you are a rights holder and possess evidence that a user is unlawfully reproducing your copyrighted work on our platform, you may send a formal notice to contact@ivory-app.com in accordance with Article 6-I-5 of the LCEN.

DMCA Notice (For U.S. Users): To accommodate users in the United States, Ivory also responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe that material generated or stored by a user on the Service infringes your copyright, please send a written notice to contact@ivory-app.com containing all the information required under 17 U.S.C. §512(c)(3).

Enforcement: Upon receiving a valid, complete legal notice under applicable EU or US law, Ivory will investigate and may remove or disable access to the allegedly infringing material. We also reserve the right, in appropriate circumstances, to terminate the accounts of users who are determined to be repeat infringers.

17. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

For Consumers: If you are a consumer, this does not deprive you of the mandatory consumer protections of your country of residence (including the United States or EU member states). In the event of a dispute, we encourage you to contact us first to find an amicable solution. In accordance with Article L612-1 of the French Consumer Code, French consumers have the right to have free recourse to a consumer mediation service for the amicable resolution of disputes.

Class Action Waiver (US & Applicable Jurisdictions): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18. Severability and Waiver

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed, and the remainder of the Terms shall remain in effect. Ivory’s failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision.

19. Entire Agreement

These Terms of Use, along with the Privacy Policy and any additional guidelines or policies provided by Ivory, constitute the entire agreement between you and Ivory concerning the Service and supersede all prior agreements, understandings, or representations.

20. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at:

Email: contact@ivory-app.com

Website: https://ivory-app.com