Terms & Conditions of Sale and Use

SIWP – General Terms of Sale
mercutio.app is published by Mercutio, a simplified joint-stock company with variable capital, registered with the Créteil Trade and Companies Register under number 932 952 716. The registered office is located at 9 Place Beaufranchet, 94170 Le Perreux-sur-Marne, France.

Subscription
The purchase of a Product and/or Service published by Mercutio SAS, allowing the Client and/or User to access the service for a fixed period.

Client
Any natural person with full legal capacity, acting as a non-trader, who is bound to Mercutio SAS by a contract covering Products and/or Services supplied for consideration.

Order
The act by which the Client commits to buying one or more products via the Site’s e-commerce module.

Mercutio
Mercutio SAS, a company whose purpose is computer programming, consulting and development of websites, system or digital software, artificial intelligence and training.

Product and/or Service
Software applications, including websites, published under the Mercutio SAS brand, offered for a fee or free of charge on the Site.

Site
The website owned, managed and published by Mercutio SAS, accessible at https://mercutio.app.

User
Any natural or legal person bound to Mercutio by a Contract covering Products and/or Services supplied free of charge.

(1) These terms and conditions, which may be amended at any time, apply to all Product sales carried out by:
Mercutio (932 952 716)
9 Place Beaufranchet
94170 Le Perreux-sur-Marne
Simplified joint-stock company with variable capital.

(2) They set out the contractual relationship between Mercutio SAS and the Client and/or User and cover any purchase of Products and/or subscription to Services made on the site mercutio.app.

(3) These terms prevail over any other general or specific conditions not expressly accepted by Mercutio SAS (“Mercutio”). Mercutio may amend its terms of sale at any time. The terms applicable are those in force on the date of the Client’s order. Any order implies full and unconditional acceptance of these terms by the Client and/or User.

Mercutio.app is a website owned and managed by Mercutio SAS.

The Site is accessible 24/7, except in the event of scheduled or unscheduled interruptions for maintenance, security or force majeure (see Article 10).

To use the Service and access its Content, the Client must:

(1) be 13 years old (or the equivalent minimum age in their country of residence) or older;
(2) have parental or guardian consent if they are a minor;
(3) be legally entitled to enter into a binding contract with Mercutio and not be prohibited from doing so under applicable laws; and
(4) reside in a country where the Service is available.

The Client warrants that all registration data submitted to Mercutio is true, accurate and complete and undertakes to keep it up to date.

If the Client is a minor, these Terms must be accepted on their behalf by a parent or guardian.

Products and Services available on mercutio.app include, among others:

Discovery Plan
Generate three playlists maximum per day from a 15-word text.
Price: free of charge.
Commitment: none.

Registered user
Generate up to 5 attempts/day with a 15-word text per playlist, preview up to 3 versions per track and open the selected track in Apple Music. Playlists are stored for two months.
Price: free of charge.
Commitment: none.

À-la-carte Plan
24-hour access: 25-word text, preview up to 5 versions and non guaranteed links to streaming platforms (Apple Music, amazon Music, Deezer, Spotify, Tidal and YouTube). Export when permitted by platforms.
Price: €4.99 incl. tax.
Payment: upfront by card.
Commitment: 24 hours.
Start: immediate.

Plus Plan
7-day access: 30-word text, preview up to 5 versions and non guaranteed links to streaming platforms (Apple Music, amazon Music, Deezer, Spotify, Tidal and YouTube). Export when permitted by platforms.
Price: €9.99 incl. tax.
Payment: upfront by card.
Commitment: 7 days.
Start: immediate.

Power Plan
30-day access: 40-word text, preview up to 10 versions and non guaranteed links to streaming platforms (Apple Music, amazon Music, Deezer, Spotify, Tidal and YouTube). Export when permitted by platforms.
Price: €19.99 incl. tax.
Payment: upfront by card.
Commitment: 30 days.
Start: immediate.

Using the Site requires an internet connection. The User is solely responsible for the equipment and connectivity.

Some Products and Services are free but may require registration. A broader range is reserved for subscribers or pay-per-use purchases, as well as event participants.

The Site’s development and operation are partly funded by advertising, which Users accept by using the Site.

Events
Mercutio organises conferences and music events. Invitations are allocated on a first-come, first-served basis, subject to availability, and confirmed by email. In case of cancellation (organiser, strike, force majeure) no compensation is provided. If rescheduled, priority is given to the original attendees. Unused invitations are neither exchangeable nor refundable. Mercutio does not guarantee the accuracy or security of information transmitted via the Site.

Rules for using the Site

The Client and/or User agrees to:

– Comply with applicable laws, public order and good morals.
– Not disrupt or interfere with the Site, its servers or networks.
– Not use viruses, exploits or other vulnerabilities to gain unauthorised advantages.
– Notify Mercutio immediately of any security breach.
– Not collect, store or disclose the Site’s content to third parties.
– Not upload or transmit copyrighted material without permission.
– Not collect or share third-party personal data.
– Not harass or disparage Mercutio staff.
– Not impersonate another person or entity.
– Not disparage Mercutio, its publications or Services.

Rules for using subscriptions

The Client and/or User agrees to:

– Not share their subscription.
– Not distribute copyrighted content without authorisation.
– Not harass or disparage Mercutio staff or contributors.
– Not impersonate third parties.
– Not disparage Mercutio or its Services.

Use of inappropriate words or content

The User agrees not to create, publish, share, or make publicly accessible any content that may be considered abusive, inappropriate, unlawful, offensive, or contrary to these Terms and Conditions.

Any combination of song titles, playlist name, description, image, comment, or any other public element containing inappropriate terms, expressions, references, or elements is considered abusive.

The following are notably prohibited:

Hateful, discriminatory, or offensive content
Any content targeting a person or group of people, in particular because of origin, nationality, religion, gender, sexual orientation, disability, age, or physical appearance.

Insults, threats, or personal attacks
Any content whose purpose or effect is to humiliate, intimidate, harass, threaten, or disparage a person or group of people.

Obscene, vulgar, or sexually explicit content
Any content using coarse, pornographic, sexually explicit language, or otherwise incompatible with a public space accessible to users.

Violent content or incitement to violence
Any content glorifying violence, encouraging dangerous, threatening, or illegal acts, or using violent references in an abusive way.

Promotion of illegal or dangerous activities
Any content encouraging, in particular, the use of prohibited substances, fraud, hacking, self-harm, or any other illegal or dangerous activity.

Misleading, fraudulent, or impersonating content
Any content whose purpose or effect is to mislead users, imitate a person, brand, or organisation, or create confusion as to the real origin of the content.

If content is reported or identified as abusive, public access to the relevant content may be disabled immediately, without any right of appeal.

The User keeps access to their content from their account whenever allowed. However, the relevant content may no longer be shared publicly.

Any recipient of a public playlist may report abuse by clicking the dedicated link available at the bottom of the reaction menu, accessible from the “thumb” icon, then selecting “Report abuse”.

(1) Prices charged are those in effect on the order date, less applicable discounts.
(2) Prices are shown in euros including VAT at the rate in effect on the order date.
(3) Mercutio may change prices at any time, but orders are billed at the rate in effect at recording and payment.
(4) Promotional offers may be available via promo codes, under the conditions specified in the related communication.
(5) Mercutio may modify or introduce promotional offers at any time as detailed on the Site.

The Client may purchase a Subscription from Mercutio or a third party by:
– paying subscription fees in advance for a defined term; or
– pre-paying for access to the Mercutio Service for a specific duration.

(1) Online subscription: the Client reviews the subscription details (price incl. tax, discounts, payment method, invoicing) and may modify them before confirmation. Validation implies acceptance of the Terms and the related financial conditions. A confirmation email is sent to the Client.

Access to paid Products and Services is granted after full payment, generally via Stripe.
Mercutio is not liable for issues linked to the payment module.
Fraudulent or abusive use of the payment method may result in suspension or termination of access without prejudice to other remedies.

Mercutio is liable only for direct and foreseeable damages arising from use of the Site and Services.

Statutory warranties
Digital Products and Services are covered by the statutory warranty of conformity and the warranty against hidden defects (French Consumer Code L.217-3 et seq.; Civil Code 1641 et seq.).

Limitation of liability
Mercutio cannot be held liable for damages resulting from use of the Site by the Client or User, for interruptions due to maintenance, security, force majeure or third parties. External content and links are provided for information only.

Exclusions
Mercutio is not liable for loss of revenue, business, profits, data, opportunity, reputation or any financial damage, nor for penalties relating to legal non-compliance. Users are responsible for protecting their equipment (antivirus, backups). Mercutio warrants only contractual conformity: accurate description, suitability for normal use and reasonable quality.

If a force majeure event prevents performance of the Terms, Mercutio informs the Client within fifteen (15) days.

Recognised cases include strikes, lockouts, riots, wars, epidemics, severe weather, fires, floods, legal restrictions, IT failures, telecommunications or transport disruptions.

Obligations are suspended for the duration of the event without compensation. If the event lasts more than three (3) months, either party may terminate the affected transaction without compensation. Non-payment by the Client is not force majeure.

In accordance with Article L.121-21-8 of the French Consumer Code, the Client expressly agrees that the Service begins immediately upon subscription, before the end of the fourteen-day withdrawal period. The Client therefore waives the right of withdrawal for the subscribed period. No withdrawal, cancellation or refund request will be accepted for the ongoing term.

Subscriptions are taken out for the duration specified in the offer.

Open-ended: the free registration is tacitly renewed each week and may be cancelled at any time via the user account.

Fixed-term: the subscription is firm for the agreed period. The price is paid upfront and is non-refundable. Renewal at expiry requires the Client’s explicit consent.

Termination by the Client is carried out via the user account. Mercutio may terminate the contract in the event of breach (e.g. unpaid amounts or misuse) without refund of fees already paid.

Any refund is made using the same payment method as the original transaction.

For information, questions, order tracking or warranty claims, the Client can reach customer support through the contact page.

If any provision of these Terms is held invalid by a competent authority, the remaining provisions shall remain in full force.

Mercutio owns all intellectual property rights related to the Site, Products and Services (brands, logos, images, texts, etc.).
Any reproduction, representation, adaptation or distribution, even partial, without Mercutio’s written consent, is prohibited and constitutes counterfeiting (French Intellectual Property Code L.335-2).

Mercutio processes personal data in compliance with French Law 2018-493 of 20 June 2018 and EU Regulation 2016/679 (GDPR). Processing is carried out as data controller with respect for Users’ rights.

Mercutio archives order forms and invoices on a reliable, durable medium. Mercutio’s computerised records constitute proof of communications, orders, payments and transactions between the parties.

If Mercutio does not exercise a right or enforce a provision at a given time, this cannot be interpreted as a waiver of that right.

The contract between Mercutio and the Client is governed by the law of the consumer’s habitual residence.
In case of dispute, the competent courts shall have jurisdiction. Users may resort to conventional mediation and, as consumers, may use the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/.