MusicDNA Terms and Conditions

V1.2, 01.01.2020

1. Service Provider

The MusicDNA radio monitoring service (SERVICE) is provided by the MusicDNA A.S., Nygårdsgaten 25, 5015 Bergen, NorwAY (MUSICDNA)  .

The document has to be interpreted in terms of the Norwegian law

2. Service and Package Definition

2.1. Service

The SERVICE is a fully automatic monitoring system of radio stations worldwide, realized by content-based audio recognition (fingerprint). Extensive reports are generated for the music tracks selected or uploaded by the user. These reports as well as the graphical summaries are based on the detection of plays at monitored stations within the selected region. Within the service term, the following resulting data will be provided for the active tracks of the user:

• total number of identified plays, sorted by region, country and radio station (in real-time online view and as part of the downloadable report)
• a detailed list of detections including date and starting time, name and city of the radio station (in real-time online view and as part of the downloadable report)

In addition, the result data is prepared in the following form for a detailed and user-friendly view:

• graphical display of the detections on a geographical map, based on plays per country and time period (online real-time display)
• graphical display of trend/number of detections on a timeline (online real-time display)

2.2. Service duration and access to data

The monitoring results can be accessed on the MusicDNA website (www.musicdna.com) during the service period. The right to access expires at the end of the service period. Nevertheless, MUSICDNA grants access to the last report data for another eight weeks after the expiration date.

2.3. Activation of music tracks

Songs can be activated for monitoring in two ways, either by selecting them from the MusicDNA database or by uploading the audio file. If a piece of music is uploaded before 19:00 UTC, its fingerprint is generated and loaded into the system by 4:00 UTC the next morning. The monitoring then starts from the moment of successful loading. If the fingerprint generation fails (due to damaged audio files etc.), the song is marked as inactive on the "Manage Songs" page.

Depending on the service package booked, the CLIENT can deactivate active music pieces after a minimum monitoring period and replace them with others (SWITCHING). MUSICDNA is only obligated to provide detection data for the time a piece of music was activated.

2.3.1. Metadata of music pieces

MUSICDNA reserves the right to modify or adapt the metadata displayed (artist, title, ...) on the music pieces.

MUSICDNA reserves the right to adapt or change the display of metadata (artist, title, ...) of music pieces.

2.4. Monitored stations

The list of stations in active monitoring can be viewed after the login under Help → Monitored Channels (https://monitoring.musicdna.com/monitoredchannelsScreen). If a station is not included, its admission into the system can be suggested by email. MUSICDNA then checks the technical requirements for this radio station and, if possible, includes it in the monitoring system. The final decision on the inclusion of a station into the monitoring is incumbent on MUSICDNA, there is no obligation for an inclusion.

2.5. Availability, planned maintenance times

MUSICDNA guarantees >94 % availability of the reporting system and the corresponding website. Regular maintenance times will be announced on the website three days in advance.

MUSICDNA achieves a generally high level of service and ensures the correctness of detections. Nevertheless, the availability of radio stations for active monitoring also depends on their reception via satellite or as a web stream, etc.. MUSICDNA is not responsible for technical problems caused by third parties, e.g. short-term transmission interruptions due to technical problems of a radio station.

2.6. SERVICE packages

The description of the service packages or products can be viewed under the following link:https://www.musicdna.com/en/preise/

2.7. Misuse

MUSICDNA reserves the right to terminate a service contract in the event of misuse. Misuse is, for example, the deliberate attempt to cause a disruption of the SERVICE by uploading manipulated or damaged audio files or metadata, the massive sharing of a named account, the attempt to create a database dump by massive SWITCHING, the redistribution or sale of the obtained data in parts or as a whole with the aim of generating sales in comparable companies, etc..

3. Right of Use (CLIENT)

The CLIENT has the right to use the SERVICE in the intended way.

The SERVICE will be provided as named account and will be identified by a username. The CLIENT, whether as person or organization, is automatically the owner of the account.

The CLIENT keeps all property rights of uploaded material but grants MUSICDNA limited rights of use to run the SERVICE and further more like described in paragraph 4.

The CLIENT is not allowed to distribute or sell the SERVICE whether in whole or in part for the purpose of making a profit on a business model similar to MUSICDNA.

4. Rights of Use (MUSICDNA)

MUSICDNA reserves the rights to the generated fingerprints for the monitoring and the generated detection data. MUSICDNA can continue to use and monetize this data.

5. Intellectual Property

The CLIENT acknowledges that the SERVICE and its underlying software contains patent rights and confidential information which are protected by copyright and other laws. MUSICDNA and/or third parties hold all rights, titles and shares of the service. Provided that nothing in this agreement tells explicitly otherwise, all rights to the SERVICE remain exclusively with MUSICDNA.

6. Fee

The CLIENT pays MUSICDNA the fees for the SERVICE. The amount of the fees is listed in the price list at https://www.musicdna.com/en/preise/ plus value added tax if applicable. The payment process is handled by the payment service provider Cleverbridge.

7. Liability

Independent from its legal basis, MUSICDNAs liability is restricted as follows:

MUSICDNA is liable

1. in cases of intention or gross negligence;
2. in cases of injury of life, body or health;
3. with in the product liability law; or
4. with an explicit by MUSICDNA given warranty in written form.

MUSICDNAs liability in case of slightly negligent violation of cardinal obligations is limited to the damage which is typical for this kind of service and which was foreseeable by MUSICDNA when this agreement came into effect.

The aforementioned limitation of liability also applies in cases of personal liability of employees, accomplice and organs of MUSICDNA.

Independent from its legal basis, MUSICDNAs liability is limited to the value of the agreement and to the amount of money which was paid by the customer to MUSICDNA to run the SERVICE.

8. Force Majeure

Neither party to this agreement shall be responsible for or suffer any penalty for any breach or delay of its obligations under this agreement if such breach or delay was caused by force majeure. Each party shall inform the other immediately in the event of force majeure. The expected duration of the outage and the estimated effect on the party concerned shall be disclosed and all reasonable efforts shall be made to overcome these effects. Either of the contracting parties may terminate this Agreement without penalty in the event of force majeure if its compliance with its obligations or the obligations of the other party is impeded for a period of sixty (60) consecutive days or more.

9. Term and termination

The agreement comes into force as soon as the CLIENT accepts the terms and conditions of this agreement by clicking the designated button on the website of the SERVICE and MUSICDNA has received the money for the ordered service. The agreement has a term which is defined through the CLIENT ordered and paid service period. The right of contracting parties to terminate the contract with immediate effect due to important reasons stays untouched. An important reason is a delay of payment by the CLIENT (despite demands) or a substantial neglect of duty.

Two months after termination of the agreement, the user account of the CLIENT will be deleted and thereby the access to the SERVICE will be disabled.

Accounts containing only open orders will be removed three weeks after the most recently placed order in accordance with point 9 of the terms and conditions.

10. Others

Should one or more terms of this contract be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Such ineffective or unenforceable terms shall be replaced to the fullest extent as permitted by the law by provisions, which most closely approximate the actual or implied intentions of the parties at the time the contract was concluded. The same applies mutatis mutandis if this agreement does not take into account problems which should reasonably have been considered.

11. Changes of terms

MUSICDNA tries constantly to improve its services and to fulfill customer requirements. That's why our range of services, products and also the SERVICE itself changes over time. MUSICDNA keeps the right to carry out those changes and to adapt the conditions accordingly. In case that new conditions become valid, MUSICDNA will release these under the following link: http://www.musicdna.com/en/terms

12. Translation, Language version

In case of doubt regarding the interpretation of the General Terms and Conditions, the text of the English version shall prevail over other versions.