1. Preamble

SYNCSING, a simplified joint-stock company (SAS), registered under No. 525 205 514, with its principal place of business located at 7 avenue Ingres, 75016 Paris, France, represented by its legal representative (“SYNCSING”), publishes and operates the NEWZIK software (either in the form of the NEWZIK mobile app on iOS or the NEWZIK web platform at web.newzik.com) and the website https://newzik.com/ (“NEWZIK”).

SYNCSING offers a service for storing and viewing digital sheet music to members of the NEWZIK community (the “USERS”). The sheet music is stored on NEWZIK either from the USER’s personal library or via the NEWZIK API, which acts as an intermediary between USERS and music publishers (the “PUBLISHERS”). In the latter case, the rights to the sheet music stored on NEWZIK are defined by the contract between the publisher and the USER.

These Terms and Conditions of Use (“Terms”), entered into between SYNCSING, on the one hand, and the USERS, on the other hand (collectively referred to as “the PARTIES”), are intended to establish the contractual provisions governing the respective rights and obligations of the PARTIES in connection with the use of the services offered on NEWZIK.

The USER acknowledges that they have read, understood, and expressly accepted these Terms of Use without limitation or condition in connection with their use of NEWZIK. These Terms of Use constitute the complete and exclusive agreement between the USER, on the one hand, and SYNCSING, on the other hand, regarding your use of NEWZIK.

These terms and conditions do not apply to professionals who have signed separate Terms and Conditions of Sale or Terms of Use. Only the contracts signed in such cases apply, and not these Terms of Use.

SYNCSING reserves the right to change or modify all or part of these Terms of Use. The USER will be notified of such changes, in particular when logging into their NEWZIK account or directly via email. Each USER represents that they have the legal capacity to agree to the Terms of Use.

If the USER refuses to accept the Terms of Use or any updated version thereof, the USER is asked not to use NEWZIK and, if applicable, to delete their NEWZIK account.

It is specified that these Terms of Use are referenced at the bottom of every page of the website accessible to USERS via a hyperlink and may therefore be viewed at any time.

2. Role of SYNCSING

NEWZIK is published by SYNCSING, which acts as (1) a sheet music library for USERS and/or (2) an intermediary that, through the NEWZIK API, connects PUBLISHERS wishing to sell their sheet music (the “PRODUCTS”) to USERS.

As such, SYNCSING does not own the PRODUCTS sold through NEWZIK, exercises no control over them, and cannot be held liable for the quality or delivery by the PUBLISHER of the PRODUCTS resulting from the transaction between the PUBLISHER and the USER. The sales contract for each PRODUCT is therefore entered into exclusively and directly between the PUBLISHER—the owner and seller of said PRODUCT—and the USER. SYNCSING acts solely as a technical intermediary.

All information regarding PRODUCT prices and PRODUCT delivery terms is established by the PUBLISHERS without any involvement from SYNCSING. Furthermore, it is specified that the PUBLISHERS are not employees, agents, or representatives of SYNCSING.

3. Technical Specifications – Access to NEWZIK

The USER acknowledges that he or she has the necessary resources and skills to use NEWZIK.

The USER is responsible for providing the equipment necessary to access and use NEWZIK, as well as for any telecommunications charges incurred through its use.

The USER may create an account to access NEWZIK. Login credentials are strictly personal and must be kept confidential by the USER. Any action taken on NEWZIK using the USER’s login credentials is deemed to have been performed by the USER, who is responsible for safeguarding their login credentials.

The USER must ensure that the information provided when opening the account is accurate and must promptly notify SYNCSING of any changes so that the information can be updated. If the information provided during the USER’s registration is not up to date, complete, and/or accurate, SYNCSING reserves the right to suspend access to NEWZIK.

4. NEWZIK Features

NEWZIK is made available to the USER “as is” and may be subject to changes, particularly with regard to its features. SYNCSING is bound by an obligation of means with respect to the features described below. The USER uses the features according to their needs and under their sole responsibility.

User-Initiated Content Uploads

The USER may import content (sheet music, text, photos, audio, video, etc.) in formats supported by NEWZIK in order to add this content to their NEWZIK library for their own use and in accordance with the legal terms of use for such content. It is prohibited to import illegal content or content protected by copyright. The USER is solely responsible for the content they import. In the event of a complaint regarding illegal content, SYNCSING may suspend access to the NEWZIK account.

The USER can also share content with other users as part of collaborative creative projects in real time—for example, by sharing annotations on a musical score.

Importing User Content from the NEWZIK API

The USER may import content from sheet music publishers’ platforms via the NEWZIK API for personal use and in accordance with the terms of lawful use of such content as agreed upon with the publisher. NEWZIK manages the rights granted by the publishers. It is prohibited to violate these rights, such as:

• An expiration date
• A format for reading, printing, and sharing PDF files
• A limited number of people have access to the content
• Usage count
• A geographic access area

5. Duration

The Terms of Use take effect when the USER checks a box upon confirming their order. To confirm their order, the USER declares that they have read and accepted the Terms of Service prior to placing their order. Thus, confirmation of the order constitutes acceptance of these Terms of Service. A summary of your order information and the Terms of Service will be sent to you in PDF format via the order confirmation email for your NEWZIK service subscription.

The applicable Terms of Use are those in effect at the time of the order. The term of these Terms of Use is tied to the duration of the USER’s use of the NEWZIK account. The USER’s account may be deleted immediately:

• At the USER's request
• After 2 years without logging in or being active on NEWZIK
• In the event of a violation of the provisions of these Terms of Use or applicable laws and regulations. In such a case, the account may be suspended immediately and may be deleted after a formal notice has remained unanswered for a period of fifteen (15) days.
• In the event of an interruption in the NEWZIK service, SYNCSING agrees to notify the USER, by any means, at least one (1) month prior to the interruption so that the USER may take the necessary steps, particularly with regard to data backup

Deleting a USER account results in the loss of access to that USER account and its content. The USER is responsible for backing up the content prior to requesting deletion or before the scheduled deletion date.

6. User Obligations

When using NEWZIK, each USER agrees not to violate public order, to comply with applicable laws and regulations, to respect the rights of third parties, and to abide by the provisions of these Terms of Use. Each USER is required to:

• Back up your data regularly
• Be fair and reasonable in your dealings with SYNCSING, other USERS, and third parties
• Be honest and truthful in the information you provide to SYNCSING and, where applicable, to other users
• Use NEWZIK in accordance with its intended purpose as described in these Terms of Use
• Do not misuse NEWZIK to commit crimes, misdemeanors, or infractions punishable under the Penal Code or any other law.
• Respect the privacy of others and the confidentiality of communications
• Do not attempt to interfere with the automated data processing systems used on NEWZIK, as defined in Articles 323-1 et seq. of the Penal Code
• Do not impair, disrupt, slow down, or interrupt the normal operation of NEWZIK

In compliance with applicable laws and regulations and in accordance with the law, including the Law of July 29, 1981, on freedom of the press, the USER agrees, in particular, not to disseminate messages or information that constitute wrongful disparagement of SYNCSING, that are contrary to public order and morality, or that are insulting, defamatory, racist, xenophobic, revisionist, or that infringe upon the honor or reputation of others; or that incite discrimination or hatred toward a person or group of persons based on their origin, membership in, or non-membership in an ethnic group, a specific nation, race, or religion; threatening a person or group of persons; of a pedophilic nature; inciting the commission of a misdemeanor, felony, or act of terrorism; condoning war crimes or crimes against humanity; inciting suicide; enabling third parties to obtain pirated software directly or indirectly; or facilitating acts of piracy, viruses or malware, and, in general, any software or other tool that infringes upon the rights of others or compromises the safety of persons or property.

7. Intellectual Property

Ownership of Intellectual Property Rights

The USER acknowledges SYNCSING’s intellectual property rights in NEWZIK, its components, and related content, and agrees not to contest these rights in any way. The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, and text contained on NEWZIK are the exclusive intellectual property of SYNCSING or the PUBLISHERS and may not be reproduced, used, or displayed without express prior authorization, under penalty of legal action. Please note: Downloading any element from NEWZIK onto your computer does not grant you any ownership rights to that element.

Any representation or reproduction, in whole or in part, of NEWZIK and its content, by any means whatsoever, without the express prior authorization of SYNCSING, or, where applicable, the PUBLISHERS with respect to content they distribute, is prohibited and shall constitute an infringement punishable under Articles L. 335-2 et seq. and Articles L. 713-1 et seq. of the Intellectual Property Code. In particular, SYNCSING expressly prohibits:

• The extraction, through permanent or temporary transfer of all or a substantively significant portion—in terms of quality or quantity—of the contents of a database to a medium other than the NEWZIK account, by any means and in any form whatsoever
• Reuse, by making available to the public all or a qualitatively or quantitatively substantial portion of the content of the database or the NEWZIK account, in any form whatsoever

Acceptance of these Terms of Use constitutes acknowledgment by USERS of SYNCSING’s intellectual property rights and a commitment to respect them. The use of hyperlinks to a NEWZIK page is prohibited without SYNCSING’s prior express written consent.

NEWZIK End User License Agreement

SYNCSING grants USERS a personal, non-exclusive, and non-transferable license authorizing them to use NEWZIK in accordance with these Terms of Use, that is, in compliance with copyright laws and the license agreements entered into with the PUBLISHERS. Any other use of NEWZIK and its content is excluded from the scope of this license and may not be made.

8. Liability

Limitation of Liability

It is expressly agreed between the PARTIES that SYNCSING is subject to a general obligation of means and that it is not bound by any obligation of result or enhanced obligation of means of any kind. SYNCSING undertakes to use all reasonable efforts to ensure uninterrupted access to and use of NEWZIK, 24 hours a day, 7 days a week.

SYNCSING assumes no liability in the event of (1) temporary total or partial unavailability of access to NEWZIK due to technical maintenance or updates to published information; (2) virus attacks; (3) abnormal or unlawful use of NEWZIK; (4) incomplete or erroneous information provided by a USER; or (5) any external cause not attributable to SYNCSING.

SYNCSING wishes to inform USERS that current Internet communication protocols cannot guarantee the reliable and uninterrupted transmission of electronic signals. SYNCSING therefore accepts no liability for data loss, unauthorized access, viruses, service interruptions, or other issues beyond SYNCSING’s control.

Under no circumstances shall SYNCSING be held liable, regardless of the type of action brought, for any indirect damages of any kind, including, but not limited to, any financial or commercial loss, loss of profits, business disruption, loss of revenue, damage to a third party, or a claim brought by a third party against the USER, as well as any consequences thereof, arising out of or in connection with these Terms or their performance. The USER is solely liable for any damage—whether direct or indirect, tangible or intangible—caused by the USER to SYNCSING or to third parties as a result of the USER’s use of NEWZIK.

It is expressly agreed between the PARTIES that the provisions of this clause shall continue to apply even in the event that this Agreement is terminated by a final and binding court decision.

Hosting Provider Status

USERS acknowledge that SYNCSING acts as a hosting provider within the meaning of Article 6 I 2° of the Law of June 21, 2004, on Confidence in the Digital Economy (“LCEN”).

SYNCSING does not moderate, monitor, or pre-approve any content posted on NEWZIK.

9. Force Majeure

SYNCSING shall not be held liable, nor shall it be deemed to have breached these Terms of Use, for any delay or failure to perform, where the cause of the delay or failure is related to a force majeure event as defined by the case law of French courts and tribunals, including, in particular, in the event of a cyberattack, the unavailability of equipment, supplies, spare parts, personal equipment, or other items, and any interruption, suspension, reduction, or disruption of electricity or other utilities, or any interruption of electronic communications networks, as well as in the event of any circumstance or event beyond SYNCSING’s control occurring after the conclusion of these Terms of Use and preventing performance under normal conditions. It is hereby specified that, in such a situation, the USER may not claim any compensation or bring any legal action against SYNCSING. Should an event of this nature occur, SYNCSING will endeavor to inform the USER as soon as possible.

10. Protection of Personal Data

In connection with the use of NEWZIK, SYNCSING may collect data about USERS, such as information provided in forms on the website or derived from their use of NEWZIK. SYNCSING has adopted a Privacy Policy, which is available here.

11. Price

By confirming your order, the USER agrees to pay in full the price indicated at the time of order confirmation. The prices of our services are listed in euros, including all taxes (VAT + other taxes, such as the tax on video recordings, the eco-contribution, etc.).

Payment for the order may be made by credit or debit card or any other method accepted by SYNCSING, as indicated during the payment transaction on the Apple Store or through the payment service provider’s secure platform. In the latter case, the USER will be automatically redirected to the payment service provider’s transaction platform at the time of payment.

The USER is charged the amount of the order at the time the payment is confirmed, and once the payment is confirmed, an invoice including all taxes is sent directly to the USER via email.

The price indicated at the time of payment is firm and final. Any late payment will accrue interest starting on the first day of the delay at a daily rate equal to three (3) times the statutory interest rate.

The USER pays for their orders by providing SYNCSING or its payment service provider with their bank account information through the service providers’ secure online payment system, in accordance with banking industry security standards. SYNCSING does not store the USER’s banking information (card number, account number). SYNCSING reserves the right to cancel or refuse any order from a User with whom there is an outstanding dispute (unpaid balance, etc.).

12. Right of Withdrawal

The USER, if a consumer as defined by the Consumer Code, has fourteen (14) days to exercise their right of withdrawal without having to provide a reason for their decision, in accordance with the terms of the Consumer Code. The Customer may exercise their right of withdrawal by sending a letter to SYNCSING, before the 14-day period expires, using the template provided in Appendix 1 of these Terms of Use. Once the right of withdrawal has been exercised, the USER will be refunded the full amount paid.

PLEASE NOTE: By accepting these Terms of Use and in accordance with Article L221-28(13) of the Consumer Code, the Customer is informed that (i) if they wish to begin using their NEWZIK account immediately, they may expressly waive their right of withdrawal and the fourteen-day period applicable to online or distance sales as provided for in the French Consumer Code, (ii) and, consequently, they must pay SYNCSING an amount corresponding to the service provided up to the time they notify SYNCSING of their decision to withdraw; this amount is proportional to the total price of opening a NEWZIK account.

13. General Provisions

Given the nature of their transactions and, in particular, the digital nature of their relationship, the PARTIES agree that the electronic records in SYNCSING’s information system shall constitute evidence. Any waiver of the right to enforce a provision of these Terms of Use shall not be construed as acceptance of any subsequent violation, non-performance, or breach of said provision.

14. Jurisdiction and Governing Law

Unless otherwise expressly provided by public policy, these Terms of Use are governed by and therefore subject to French law. In the event of a dispute regarding their implementation, enforcement, or interpretation, and in the absence of an amicable settlement, the French courts shall have jurisdiction.

For the USER, if the USER is a consumer as defined by the Consumer Code, in accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, NEWZIK is a member of the FEVAD (Federation of E-commerce and Distance Selling) E-commerce Mediation Service (60, rue de Boétie - 75008 Paris - www.mediateurfevad.fr).

Following preliminary written correspondence between the USER and NEWZIK, any consumer dispute that has not been resolved may be referred to the Ombudsman’s Office. In addition, the European Commission has established an online dispute resolution platform designed to collect any consumer complaints arising from an online purchase and forward them to the appropriate national mediators: ec.europa.eu/consumers/odr/

15. Third-Party Apps

NEWZIK uses YouTube's APIs to allow users to search for, play, and save links to YouTube videos. By using the "Add a YouTube video URL" feature, users agree to be bound by YouTube's Terms of Service.

Appendix 1 – Cancellation Form

[Subject] Exercising My Right of Withdrawal — Attention: SYNCSING – 7 avenue Ingres, 75016 Paris, France.

I, the undersigned, First Name(s): …………………………………………, Last Name(s): ……………………………………………, hereby notify you of my wish to cancel my NEWZIK subscription, ordered on ……………………………………, order number: ……………………………….

Legal notices

SYNCSING — Simplified Joint-Stock Company with a capital of €5,804.70 — Registered under No. 525 205 514 in the Paris Trade and Companies Register (RCS) — With its principal place of business located at 7 avenue Ingres, 75016 Paris, France.

Email: contact@newzik.com — Editor-in-Chief and Publisher: Aurélia Azoulay-Guetta.

Website host: Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, United States.

Application Host: Amazon Web Services — Phone: (206) 266-4064.